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Document Information

Title:Declines motions and orders archiving
Type:Order 1827
Issued on:December 10, 2020
Issued by:Eleventh Court
ID:pty-556-99-2020-12-10-a

Overview

On December 10, 2020, the Juzgado Undécimo del Circuito de lo Civil del Primer Circuito Judicial de Panamá issued Order No.1827-2020, a resolution concerning the execution phase of the ordinary process initiated by Lisa, S.A. against Villamorey and others. This phase followed firm judicial decisions that denied LIsa's main claims and granted Villamorey's counterclaim, condemning Lisa to pay B/. 894,718. The execution included an embargo decreed in 2016 (Order No. 1723-16). In 2020, Lisa formally requested the lifting of the embargo. The court, however, found this request, along with Villamorey's opposition, to be inadmissible, citing that the preceding resolutions were firm and constituted cosa juzgada (res judicata).

The court clarified the status of the restrictive measure, explaining that the execution phase had already concluded through compensation of credits pursuant to Article 1081 of the Civil Code via Order No. 2277-2018 of December 5, 2018. This prior resolution ordered that the debt owed by Lisa to Villamorey be covered or compensated with any dividend or asset that Villamorey was obligated to pay or deliver to Lisa, in any part of the world. Crucially, the court emphasized that Order No. 2277-2018 specifically "disarticulated and left without effect the embargo decreed mediante Order No. 1723-16", meaning the measure had already been extinguished through the compensatory payment mechanism established in 2018. Following the determination that the motions were inadmissible, the Judge ordered the file be archived.