Servicios Legales de PR (SLPR) GivingTuesday 2021

At our Caguas Service Center, legal advocacy made the difference between displacement and justice for one family.

D.A., a woman facing a difficult personal situation, was served with an eviction lawsuit filed by her former partner. He claimed ownership of the home she occupied, alleging it was part of his grandfather’s estate, and accused her of living there without legal rights. Confronted with the threat of losing her home, D.A. turned to Servicios Legales de Puerto Rico for help.

Attorney Rivera took on her representation. Although the case was initially filed and scheduled as an ordinary civil matter, the court later attempted to treat it as a summary eviction proceeding during the first hearing. When the hearing took place, the plaintiff did not appear—only his attorney was present.

During the proceedings, the court began questioning the plaintiff’s attorney as if she were a witness, attempting to establish the essential elements of the eviction claim without the plaintiff’s testimony. Attorney Rivera immediately and repeatedly objected, arguing that this approach violated D.A.’s constitutional rights. She emphasized that her client was being denied the opportunity to cross-examine witnesses and was therefore being deprived of due process of law.

Despite these objections, the trial court ruled in favor of the eviction and ordered D.A. to vacate her home, giving her only five days to appeal.

Undeterred, our legal team acted swiftly. Recognizing the clear constitutional violations, they filed an appeal and submitted the official transcript, which documented their consistent objections to the court’s actions.

The Puerto Rico Court of Appeals reviewed the case and agreed with our arguments. It concluded that the trial court had improperly decided the case on its merits without the presence or testimony of the plaintiff, and that D.A.’s fundamental right to cross-examine witnesses had been violated. These failures constituted a clear denial of due process.

As a result, the Court of Appeals reversed the eviction judgment and returned the case to the lower court for further proceedings. It also instructed the court to address a motion to withdraw the case that the plaintiff himself had filed after the original judgment.

Because of this intervention, an unjust eviction was prevented, and a family was able to remain in their home. Just as importantly, this case reaffirmed a critical principle: even in expedited eviction proceedings, courts must uphold the fundamental right to due process.

This outcome highlights the vital role of legal aid in safeguarding the rights of vulnerable individuals and ensuring that justice is not compromised by procedural shortcuts.

Every day, individuals and families across Puerto Rico face life-altering legal challenges without the resources to defend themselves. Your support makes it possible for people like our client to stand up for their rights, avoid wrongful displacement, and secure a fair day in court. We thank you for making sure that justice is not a privilege, but a right for all.