Upon the filing of the petition, if this be in proper form, the court shall fix the date for the examination of the proof relative to the facts alleged, this act to take place in open court, or should the court be in recess, in the office of the judge, with the attendance of the prosecuting attorney whose duty shall be to protect the rights of the minor or incapacitated person.\nThe documentary proof shall comprise the demonstration of the patria potestas or of the tutorship, and if the authorization should apply to real estate, then the title of ownership and the assessment of the property for the purpose of taxation, if subject to taxes, shall also be included.\nThe judge, when deeming it advisable, shall have the right to, free of expense to the court, summon and examine, as to the facts alleged in the petition, the nearest akin relative of the minor or incapacitated person up to the fourth civil grade of consanguinity and second of affinity, residing in the Commonwealth, or any other person who may better serve to clear up the facts.\nShould the minor be over fourteen (14) years of age and he does not reside without the Commonwealth, he shall in every case appear before the other person who may better serve to clear up the facts.\nShould the minor be over fourteen (14) years of age and he does not reside without the Commonwealth, he shall in every case appear before the court to answer the interrogatory to be put to him in the act of examining the proofs.\nThe proofs having been examined, the judge shall grant or deny the authorization asked for in conformity with the result of the proof adduced, his decision being subject to appeal to the Supreme Court of Puerto Rico, either by the petitioner or the prosecuting attorney.\nHistory —Code Civil Proc., 1933, § 615.
Puerto Rico Legal Code