Amparo Ruling: Protects Lisa’s rights; revocation prevails over San José El Recuerdo

On February 11, 2021, the Constitutional Court of Guatemala confirmed that Lisa, S.A. was correct to challenge the lower court’s refusal to consider its revocation. Lisa argued that the dividend-prescription lawsuit against it should have been admitted under the summary procedure required by the Commercial Code and San José El Recuerdo’s own constitutive documents. By refusing to analyze these arguments, the trial judge violated Lisa’s rights to defense and due process. The Court reaffirmed its jurisprudence that revocation is the appropriate legal remedy when admission orders are flawed and cannot be resolved through preliminary exceptions.

On that same date, the Court denied San José El Recuerdo’s appeal, validating Lisa’s position and obligating the trial judge to issue a new resolution that properly addresses the revocation. This ruling strengthens Lisa’s procedural guarantees, enforces the correct application of commercial law, and prevents attempts by San José El Recuerdo to evade the summary route specifically designed for disputes over shareholder rights and dividend payments.