Amparo

On March 24, 2025, Lisa, S.A. filed an amparo before the First Superior Tribunal, asserting that the Eleventh Civil Circuit Court Judge has violated its constitutional rights by refusing for more than two years to advance the executive proceeding Lisa, S.A. v. Villamorey, S.A. (Case File No. 117030-21). Lisa argues that the judge’s inaction constitutes an unlawful “order of not doing,” since Articles 1138(2), 1640 and related provisions of the Judicial Code explicitly state that an appeal granted in devolutive effect does not suspend the execution or the progress of the case. Lisa explains that despite the existence of Order No. 2567, which admitted the executive action and issued a payment mandate requiring Villamorey to pay long-withheld dividends, the judge has allowed the proceeding to remain paralyzed.

Lisa details a procedural history showing persistent obstruction: Villamorey’s earlier counterclaim, the seizure of Lisa’s shares and dividends by Juan Luis Bosch as judicial depositary, and more than two decades of litigation confirming Villamorey’s obligation to pay withheld dividends. Despite multiple judicial confirmations—including appeals—Villamorey has continued to defy enforcement, forcing Lisa to pursue new executive measures, contempt filings, and repeated requests for embargo. Lisa argues that the judge’s refusal to move the process forward undermines due process, legal certainty, equality before the law, and Panama’s obligations under the American Convention on Human Rights. The amparo requests that the Superior Tribunal order the judge to immediately resume the executive proceeding, decree the embargo of Villamorey’s assets, and prevent further delays caused by non-suspensive appeals.