Order

The First Civil Court of Guatemala granted Lisa, S.A.'s petition and revoked the precautionary measures imposed against it on March 12, 2012, ordering the immediate lifting of all embargoes. The ruling rests on the finding that the guarantee bond securing those measures, posted by Agroprocesos Avícolas, S.A., had expired in October 2013 without renewal.

Case Background

Agroprocesos Avícolas, S.A. sued Lisa, S.A. in an ordinary civil proceeding (Expediente 01045-2012-00179). At the outset, the court decreed precautionary measures against Lisa by order of March 12, 2012 (section VI, subsections a and b). A subsequent order of September 21, 2012 set a Q100,000.00 guarantee bond to maintain those measures. Agroprocesos posted bond number 44581, class B-1, issued by Fianzas El Roble, S.A., valid from October 9, 2012 through October 8, 2013. The bond was not renewed upon expiration.

Lisa's Petition

Tito Enoc Marroquín Cabrera, acting as Special Judicial Agent with Representation for Lisa, S.A., petitioned for revocation of the precautionary measures on the ground that the guarantee had been expired since October 2013. He requested that the court issue notices to the managers and administrators of the affected entities for the immediate lifting of all embargoes, with a warning that failure to comply would be referred for criminal prosecution for disobedience.

Court's Analysis

The court grounded its analysis in Article 531 of the Civil and Commercial Procedure Code, which establishes the liability of the party requesting a precautionary measure and the requirement that a sufficient guarantee be maintained at the judge's discretion. Upon verifying that the bond had expired without renewal, the court found Lisa's petition well-founded and declared the revocation of the measures appropriate.

Ruling

• Lisa, S.A.'s petition for revocation of precautionary measures was declared granted
• The precautionary measures decreed in section VI, subsections a and b, of the March 12, 2012 order were ordered lifted
• Notices were ordered sent to the managers and administrators of the specified entities for immediate compliance with the lifting of all embargoes

Legal Basis

• Article 531 of the Civil and Commercial Procedure Code — liability of the party requesting precautionary measures and requirement to maintain sufficient guarantee
• Articles 527, 532, 534, 535 of the Civil and Commercial Procedure Code — regulation of precautionary measures and their revocation
• Articles 135 through 143 of the Judiciary Act — supplementary procedural norms

Subsequent Proceedings

Agroprocesos Avícolas filed a nullity motion challenging this order on grounds of procedural defect and violation of law, arguing that the court should have granted a period to renew the bond and should have processed the lifting request through an incidental proceeding. The motion was denied on February 1, 2017, confirming the revocation and imposing costs on the moving party. Agroprocesos appealed that denial, and the First Chamber of the Civil and Commercial Court of Appeals affirmed the order on August 17, 2017, leaving the lifting of precautionary measures final and unappealable.