Order

The Second Civil Court of First Instance of Guatemala dismissed the ordinary damages lawsuit filed by Inversiones Empresariales, S.A. against Lisa, S.A., upholding the prescription exception. The court found that the acts alleged by the plaintiff, a purported defamation campaign carried out by Lisa over thirteen years, far exceeded the one-year statute of limitations established by Article 1673 of the Civil Code for damages claims. The plaintiff did not even appear to respond to the exceptions.

Case Background

Inversiones Empresariales, S.A. filed an ordinary damages lawsuit on March 13, 2012, before the Second Civil Court of First Instance, Case No. 01041-2012-00224, seeking Q8,810,769.80 in damages. The plaintiff alleged that Lisa carried out a defamation campaign through publications, paid advertisements, press conferences, radio programs, and judicial actions abroad.

Lisa, S.A., through its special judicial attorney Licenciado Tito Enoc Marroquín Cabrera, filed the following preliminary exceptions on April 10, 2012: incompetence, defective complaint, lack of standing of the defendant, lack of standing of the plaintiff, and prescription. Inversiones Empresariales was notified of the hearing but failed to appear. The matter was opened for evidence.

Court's Analysis

Incompetence. Lisa argued that the damages originated from acts performed abroad, making the Guatemalan court incompetent under Article 16 of the Code of Civil and Commercial Procedure. The court concluded that, although the testimonial declaration was made abroad, the defendant entity is incorporated in Guatemala, rendering the exception without merit.

Defective complaint. Lisa contended that the proper procedural vehicle was a summary proceeding under clause twenty-five of Inversiones Empresariales' articles of incorporation, and that the complaint failed to meet the requirements of Article 106 of the Code of Civil and Commercial Procedure. The court determined that the complaint met all legal requirements and that the facts were stated with clarity and precision.

Lack of standing of both parties. Lisa argued that the alleged damages arose from a testimonial declaration not made by Lisa, and that the plaintiff failed to establish a causal nexus. The court found that both parties had standing to act as active and passive subjects under Article 51 of the Code of Civil and Commercial Procedure.

Prescription. Article 1673 of the Civil Code provides that the action to seek damages prescribes in one year from the date the damage was caused or the injured party became aware of it. The court examined the complaint, in which the plaintiff itself acknowledged that Lisa carried out the alleged campaign "over the last thirteen years." The evidence offered by Inversiones Empresariales dated from 2000 to 2008, while the lawsuit was filed on March 13, 2012. The court concluded that the plaintiff had knowledge of the alleged acts for over thirteen years and that the statute of limitations had long expired.

"Lisa, Sociedad Anónima, en forma maliciosa y dolosamente planeó y ha venido ejecutando a través de los últimos trece años,..." (Page 5)

Ruling

• The preliminary exceptions for incompetence, defective complaint, lack of standing of the defendant, and lack of standing of the plaintiff were declared without merit
• The prescription exception filed by Lisa, S.A. was declared with merit
• The ordinary damages lawsuit brought by Inversiones Empresariales, S.A. was dismissed
• The plaintiff was ordered to pay the costs incurred in the proceeding, pursuant to Article 576 of the Code of Civil and Commercial Procedure

Legal Basis

• Articles 12, 28, 203 of the Constitution of the Republic of Guatemala — due process guarantees, right of petition, and judicial authority
• Article 1673 of the Civil Code — one-year prescription period for damages claims
• Articles 25, 28, 44, 45, 62, 63, 67, 70, 75, 78, 79, 96, 116, 120, 126, 127, 128 of the Code of Civil and Commercial Procedure — procedural rules governing preliminary exceptions, standing, competence, and evidence
• Article 576 of the Code of Civil and Commercial Procedure — imposition of costs on the losing party in incidental proceedings
• Articles 16, 141, 142, 143, 165 of the Judiciary Act — competence and judicial organization

Signatories

• Lic. Ramiro Stuardo López Galindo, Judge
• Lcda. Aura del Carmen Canil Grave, Clerk