Caso Avícola Villalobos
  • Guatemala
  • Panama
  • Records

Case File

Exp. 01043-2011-00112

Summary Opposition to Shareholder Exclusion

Country
Guatemala
Group
Opposition to Shareholder Exclusion
Plaintiff
  • Reproductores Avícolas, S.A.
Defendant
  • Lisa, S.A.

Documents

  1. Amparo RulingJun 6 2023
  2. Amparo RulingSep 11 2024
Exp. 01043-2011-00112
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Amparo Ruling

Amparo Chamber denies Reproductores' challenge, preserving Lisa's opposition-to-exclusion lawsuit

Issued on

Jun 6 2023

Issued by

Supreme Court

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The Supreme Court of Justice, Amparo and Preliminary Hearing Chamber, in its ruling of June 6, 2023, denied as manifestly inadmissible the amparo filed by Reproductores Avícolas, S.A. against the decision of the Second Civil and Commercial Court of Appeals that confirmed the rejection of first-instance expiration (caducidad). The ruling preserved Lisa, S.A.'s summary opposition-to-exclusion lawsuit against Reproductores Avícolas, preventing the latter from terminating the proceeding through a procedural mechanism that the Chamber found to be without merit.

Case Background

Lisa, S.A. filed a summary opposition-to-exclusion lawsuit before the Ninth Civil Court of First Instance of Guatemala City against Reproductores Avícolas, S.A. (Case No. 01043-2011-00112). During the proceedings, the court issued its last substantive ruling on October 21, 2016 (rejecting scientific evidence proposed by Reproductores). With notifications still pending service, the case remained inactive.

On May 5, 2017, Reproductores filed for caducidad of the first instance, arguing that more than six months had elapsed since the last procedural act. On June 7, 2017, the court rejected the request, noting that notifications remained pending. Reproductores appealed to the Second Civil and Commercial Court of Appeals, which, on March 9, 2022, denied the appeal and confirmed the rejection, finding that the procedural delay was attributable to the court's failure to serve pending notifications. The Appeals Court ordered the matter certified to the Judicial Disciplinary Unit for the judicial officer's dereliction.

Reproductores Avícolas' Claims

Reproductores sought amparo alleging violations of legal certainty, due process, and the right of defense. It argued that the Appeals Court failed to apply Articles 588 and 590 of the Code of Civil and Commercial Procedure correctly, contending that the six-month caducidad period runs from the last procedural act, whether or not it involves a notification, and that no prior notification is required to begin the computation. It invoked the grounds of Article 10, paragraphs (a) and (h), of the Amparo Act.

Chamber's Analysis

The Chamber grounded its decision in the doctrine of caducidad, citing Montero Aroca and Chacón Corado (Manual de Derecho Procesal Civil Guatemalteco), to distinguish between inactivity attributable to the parties and inactivity attributable to the court. The cited doctrine establishes that caducidad results from party inactivity, not from inactivity of the judicial body, and that when the court has the duty to act ex officio or deadlines are peremptory, caducidad cannot occur.

"...para la procedencia de la caducidad de la instancia es necesario que el proceso se encuentre suspendido por inactividad de una de las partes o de ambas, lo cual refiere que deben existir actos del proceso en los cuales se requiera la participación de los sujetos procesales para continuar con el juicio y que, sin su intervención, el juzgador no pueda emitir un pronunciamiento." (Page 5)

The Chamber concluded that the inactivity in the summary proceeding was caused by the court's own failure to serve pending notifications, a circumstance not attributable to the parties. The Appeals Court therefore acted within its constitutional and legal authority in confirming the rejection of caducidad.

Lisa, S.A., as a third-party interested party, did not file briefs at the hearing. The Ministerio Público, through the Office of Constitutional Affairs, found that the Appeals Court acted within its authority and issued a duly reasoned decision.

Ruling

  • The amparo filed by Reproductores Avícolas, S.A. against the Second Civil and Commercial Court of Appeals was denied as manifestly inadmissible
  • No costs were imposed on the petitioner
  • A fine of Q. 1,000.00 was imposed on sponsoring attorney Javier Antonio Mendizábal Rojas, payable to the Treasury of the Constitutional Court within five days of the ruling becoming final

Legal Basis

  • Articles 2, 12, 29, and 204 of the Constitution of the Republic of Guatemala — legal certainty, due process, free access to courts, and supremacy of law, as invoked by the petitioner
  • Articles 588 and 590 of the Code of Civil and Commercial Procedure — regulation of caducidad of the instance and its exceptions
  • Articles 46 and 47 of the Amparo, Habeas Corpus, and Constitutionality Act — imposition of fines for manifestly inadmissible amparo petitions
  • Articles 1, 3, 4, 7, 8, 10, 12(c), 19, 20, 42, and 43 of the Amparo Act — governing provisions for amparo proceedings
  • Article 71 of the Judiciary Act — composition of the tribunal

Signatories

  • Dr. Nery Osvaldo Medina Méndez, Second Associate Justice of the Supreme Court of Justice
  • Msc. Vitalina Orellana y Orellana, Third Associate Justice of the Supreme Court of Justice, Acting President of the Amparo and Preliminary Hearing Chamber
  • M.A. Manuel Duarte Barrera, Thirteenth Associate Justice of the Supreme Court of Justice
  • Dra. Blanca Aida Stalling Dávila, Seventh Associate Justice of the Supreme Court of Justice
  • Dora Lizette Nájera Flores, Clerk of the Supreme Court of Justice

Subsequent Proceedings

Reproductores Avícolas, S.A. appealed the denial to the Constitutional Court, which, in its ruling of September 11, 2024, declared the appeal without merit and confirmed the first-instance decision, reiterating that the procedural inactivity was attributable to the court itself.

Next in case
Constitutional Court upholds amparo denial over rejected lapse-of-instance motion in shareholder exclusion suit
Sep 11 2024