Jul 16 2024
Judicial Communications Office
The notifications sought to serve Villamorey, S.A. and Juan Luis Bosch Gutiérrez with <doc id="pty-8853-24-2024-04-12-a" />, which admitted Lisa, S.A.'s damages claim, after the Court had granted them three days to appear voluntarily through <doc id="pty-8853-24-2024-07-09-a" /> on July 9, 2024. Both attempts failed at the defendants' own registered address.
First attempt (July 10, 2024, 9:23 a.m.). The judicial notifier appeared at the offices of Galindo, Arias & López, 11th Floor of the Scotia Plaza building on Avenida Federico Boyd, the registered address of Villamorey's resident agent. Secretary Maricel Oballes stated that the cited party was unknown at that address.
Second attempt (July 16, 2024, 9:46 a.m.). The notifier returned to the same address. Lcda. Maricel Oballes again stated that she did not know the cited party.
A second notification form records a service attempt for Juan Luis Bosch Gutiérrez at the same address (Avenida Federico Boyd, Scotia Plaza, Floor 11, Office 11), though the specific details of that attempt were not fully captured in the document.
The report incorporates a Panama Public Registry certification (pages 3 through 11) for Villamorey, S.A. (Mercantile Folio No. 9146), a corporation registered since July 6, 1971. This certification confirms that Galindo, Arias & López has served as Villamorey's resident agent since incorporation, and that Juan Luis Bosch Gutiérrez holds a general power of attorney granted by the company since February 23, 1984.
The corporate history reveals that Bosch has held executive positions at Villamorey continuously since 1984, including vice president (1984), treasurer (1987), and president (1990, 1999, 2010, 2011, 2016). The records also show that Villamorey has an authorized capital of $5,000,000.00 divided into 50,000 registered shares. That the staff of Villamorey's own resident agent firm disclaimed any knowledge of the company is inconsistent with a registry history spanning over fifty years in which the firm has acted uninterruptedly as its representative.
The inability to effect personal service triggered the procedure established in Article 1017 of Panama's Judicial Code. On September 16, 2024, the Court issued <doc id="pty-8853-24-2024-09-16-a" /> directing service by edict on Villamorey and Bosch, allowing the proceeding to advance despite the defendants' lack of cooperation.