Opposes nullity of protocolized Panamanian order

On November 5, 2025, the defendant notary, Rossana Mishelle Ramírez Paredes, answered the ordinary claim filed by Villamorey, S.A. seeking the “absolute nullity of a juridical act and of the public instrument” through which a Panamanian judicial order (auto No. 898 from the Twelfth Civil Circuit Court of Panama) — approving a settlement between Lisa, S.A. and BDT Investments Inc. — was protocolized in Guatemala on January 22, 2024. The defendant argues that Villamorey has no direct, present, legally protected interest to attack that protocolization because the Guatemalan civil case No. 01044-2017-00523 — where Villamorey litigates — did not recognize BDT Investments Inc. as a coadjutant, so the Panama-approved settlement never produced effects against Villamorey in Guatemala. If nothing in that protocolized document altered Villamorey’s rights, Villamorey cannot invoke civil nullity rules (Civil Code art. 1302; Civil and Commercial Procedural Code arts. 49 and 51) to erase it.

In the same filing, the defendant interposes five peremptory defenses and asks the court to declare the claim unfounded: (1) lack of the essential requirements to sue for absolute nullity of the act and the instrument; (2) lack of active standing by Villamorey to demand nullity of a transaction between Lisa, S.A. and BDT Investments Inc.; (3) improcedencia of the nullity action because the protocolization was validly done under art. 39 of the Ley del Organismo Judicial and art. 63(1) of the Notarial Code, where the notary may act “por sí y ante sí” for public/judicial documents; (4) absence of any legal cause to annul a purely instrumental act of conservation of a foreign judicial order; and (5) even assuming a defect, it would at most be a relative, confirmable irregularity under Civil Code arts. 1304–1309, not an absolute nullity. The defendant therefore asks the Juzgado Décimo Tercero Pluripersonal de Primera Instancia del Ramo Civil to reject Villamorey’s lawsuit in limine, uphold the protocolization that gives evidentiary force to the Panama settlement in favor of Lisa, S.A. and BDT Investments Inc., and to condemn Villamorey, S.A. to costs for pursuing a nullity action without legal basis.