Amparo

Lisa, S.A. files a constitutional amparo against the Eleventh Civil Circuit Court Judge, Lcda. Lesbia Wolfschoon Puga, for failing to advance the enforcement proceeding despite the appeal against the executive order having been granted in devolutive (non-suspensive) effect. The action targets what Lisa characterizes as an implicit order of inaction, manifested in the paralysis of the proceeding for over two months following the August 2, 2022, ruling that granted the appeal.

Factual Basis

Through Order No. 2567 of December 22, 2021, the Eleventh Civil Court admitted the enforcement action and issued a payment order for $51,643,208.80 in favor of Lisa and against Villamorey, S.A. After Villamorey was notified through its counsel, the firm Galindo, Arias & López, the defendant filed an appeal on July 8, 2022. Lisa opposed the appeal on July 15, and the Judge granted it in devolutive effect.

Article 1138(2) of the Judicial Code provides that when an appeal is granted in devolutive effect, neither the enforcement of the appealed resolution nor the course of the proceeding is suspended. Concordantly, Article 1640 states that the order issuing an executive payment mandate is appealable in devolutive effect, but the auction order may not be issued until the appellate court decides the appeal. Lisa contends that, despite these provisions, the Judge failed to act on the motion for embargo on Villamorey's assets or the request for appointment of a judicial administrator, leaving the proceeding entirely stalled.

Constitutional Violations Alleged

Lisa invokes the direct infringement of two constitutional provisions. Under Article 17 of the National Constitution, Lisa argues that the judicial inaction fails to protect the creditor's assets in a timely manner as constitutionally mandated. Under Article 32, Lisa maintains that the due process guarantee requires the enforcement proceeding to continue in accordance with applicable procedural rules, and that the paralysis constitutes a direct violation of that guarantee.

"El numeral 2 del Artículo 1138 del Código Judicial, es claro al señalar que al concederse el Recurso de Apelación en el efecto devolutivo, no se suspenderá el cumplimiento de la resolución apelada ni el curso del proceso" (Page 4)

Relief Sought

• That the constitutional amparo be granted
• That the Eleventh Civil Circuit Court Judge be ordered to comply with Article 1138(2) and Article 1640 of the Judicial Code
• That the Judge be ordered to continue the enforcement proceeding brought by Lisa, S.A. against Villamorey, S.A.

Legal Basis

• Articles 17 and 32 of the National Constitution — guarantees of property protection and due process
• Article 1138(2) of the Judicial Code — devolutive effect does not suspend enforcement of the appealed resolution or the course of the proceeding
• Article 1139 of the Judicial Code — complementary rules on appeal effects
• Article 1140 of the Judicial Code — procedure for processing appeals
• Article 1640 of the Judicial Code — the executive payment order is appealable in devolutive effect, but enforcement measures continue

Signatories

• Lcda. María Luisa Villarreal Palacios, judicial representative of Lisa, S.A.