Amparo Ruling

On August 1, 2024, the Constitutional Court, sitting as an Extraordinary Amparo Tribunal, denied the amparo filed by Avícola Villalobos, S.A. against the Civil Chamber of the Supreme Court of Justice. The amparo sought to overturn the Supreme Court’s December 15, 2023 decision that dismissed a cassation appeal and confirmed the prescription of an ordinary damages claim brought against Lisa, S.A. The Court held that the Supreme Court acted within the law by limiting its cassation review to the exception of prescription, as the separate exception of defective claim did not constitute a definitive ruling capable of cassation.

The Constitutional Court concluded that Avícola Villalobos failed to demonstrate any violation of constitutional rights, including due process, the right to appeal, or effective judicial protection. It reaffirmed that the one-year statute of limitations under Article 1673 of the Civil Code begins when the injured party becomes aware of the damage and its author, not when damages are later quantified or approved. Finding that the alleged wrongful acts were fully identified no later than April 4, 2011, and that the lawsuit was filed after the statutory period expired, the Court upheld the prescription ruling, denied amparo as manifestly unfounded, and imposed a Q1,000 fine on the sponsoring attorney.