Claims Over Dividend Prescription by Villamorey
Villamorey, S.A.
C. 01008-2024-00174
Summary
This case is a constitutional amparo action filed by Villamorey, S.A. against the Eighth Civil Court. Villamorey challenged the court’s decision of September 3, 2024, which had rejected its revocation motion against the recognition of Lisa, S.A.’s special judicial representative. Villamorey argued that Lisa’s mandate was null because the notary who certified it lacked authority to validate Panamanian corporate representation.
Decisions
Whether the lower court erred in rejecting Villamorey’s revocation and in recognizing Lisa’s judicial representative based on a mandate allegedly null under Guatemalan notarial law.
- Denied Villamorey’s amparo in full.
- Held that the contested mandate was valid because it had been duly registered in the General Archive of Protocols.
- Found that the alleged nullity of a mandate must be pursued through other remedies, not through amparo.
- Ordered costs against Villamorey and imposed a fine of Q1,000 on its attorney, Elías José Arriaza Sáenz.
- Sent a certified copy of the ruling to the Constitutional Court.
The amparo was rejected; Lisa’s representation in the underlying case remained recognized and valid.
Conclusion
The amparo action filed by Villamorey, S.A. against the recognition of Lisa, S.A.’s representative was denied. The Court of Appeals ruled on March 7, 2025 that the mandate was properly registered and could not be invalidated by amparo. Villamorey was ordered to pay costs and its lawyer was fined Q1,000. Lisa, S.A. thus preserved its legal representation intact.