Departamento De Agricultura De P R v. Ramirez Jusino, Harrison
KLCE202400672
| Tribunal De Apelaciones De Pue... | Jul 15, 2024Background
- The Puerto Rico Department of Agriculture (DAPR) and the Municipality of Lajas filed a summary eviction (desahucio en precario) action against Harrison Ramírez Jusino and the Association of Fishermen of La Parguera.
- The property in dispute, Villa Pesquera La Parguera, is owned by DAPR and leased to the Municipality, which manages its facilities.
- Ramírez Jusino and his association have occupied the property without paying rent and allegedly without valid authorization, violating public contracting laws.
- Defendants claimed rights based on endorsements and concessions from the Municipality but admitted to not paying rent; they also raised counterclaims for reputational and other damages, duplicating claims in a pending related case in another court.
- The trial court delayed the summary eviction hearing, allowing the case to proceed on a regular instead of expedited (summary) basis, resulting in DAPR seeking certiorari from the appellate court.
- The appellate court granted certiorari, revoked the lower court's order, and mandated prompt summary proceedings within ten days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper procedure and timing for summary eviction process | Summary eviction hearing should occur within 10 days | Regular, not summary procedure is acceptable given defenses | Lower court erred; summary process and prompt hearing required |
| Right to possession and payment of rent for public property | Defendant is in illegal possession, pays no rent, lacks right | The Municipality never demanded rent or enforced contract | Uncontested lack of rent and right; supports eviction |
| Handling of duplicative counterclaims raised | Counterclaims delay summary process and are being litigated elsewhere | Raised defenses and damages related to official conduct | Counterclaims to be transferred to related pending case |
| Discretion of trial court in managing case pace | Delay undermines efficiency and public interest | Discretion allowed due to procedural complexities | Abuse of discretion by delaying summary eviction hearing |
Key Cases Cited
- Cooperativa v. Colón Lebrón, 203 DPR 812 (PR 2020) (Owner's right to recover possession through summary eviction)
- Payano v. SLG Cruz-Pagán, 209 DPR 876 (PR 2022) (Purpose, procedure, and timeline of summary eviction)
- Torres Martínez v. Torres Ghigliotty, 175 DPR 83 (PR 2008) (Appellate criteria for granting certiorari and judicial discretion)
- Serrano Muñoz v. Auxilio Mutuo, 171 DPR 717 (PR 2007) (Standard for appellate intervention in trial court discretion)