NEW EARLY TEST.

RECOGNITION

JUDICIAL.
PEACE COURT OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

FROM THE DEPARTMENT OF ESCUINTLA.

SERGIO ARMANDO ORTEGA CRUZ, thirty-eight years old, married,

Guatemalan, merchant, from this address very respectfully before you

I appear and;

I PRESENT

I) I act under the direction and assistance of Attorney KIARA AMARILLIS BARÀN

GARCÌA; indicated the office as the place to receive notifications and summons.

professional located at Sixth street four dash seventeen of zone one,

municipality of Santa Lucia Cotzumalguapa;

II) I respectfully appear before you to promote EARLY EVIDENCE

FOR JUDICIAL RECOGNITION of the property located on Third Avenue and
second street two dash fifteen of zone two of the municipality of Santa Lucía

Cotzumalguapa, and Mr. Arturo Ismael Pérez González should be notified.

residence located at third avenue and second street two dash fourteen of the
zone two of the municipality of Santa Lucía Cotzumalguapa, based on the following:

STATEMENT OF FACTS

I) It is the case, Madam Judge, that on March thirtieth of two thousand twelve, Mr.

Sergio Manuel Figueroa Mazariegos who is a neighbor of my property above

identified the one I am requesting as preliminary evidence, it shall be carried out

judicial recognition, due to the felling of trees located on their property

trees close to my property fell onto my property damaging it
lamination and part of the wall causing me expenses for the reconstruction of my

property.

II) Madam judge, the property I own is under lease, so

it is causing me harm and damage because it would be very costly for me

preserve the property with the damage caused by the fallen trees
about her, and the monthly payment I have stopped receiving, it would make it more burdensome for me,

to start a process.

III) Your Honor, the case is that I had a conversation with Mr. Sergio.

Manuel Figueroa Mazariegos to reach an extrajudicial agreement on the

damages and losses caused. To which the gentleman did not agree.

IV) Therefore, I am interested in initiating an ordinary process for damages and

subsequent damages and as stated, the property was in

leasing and it would be burdensome for me to maintain the property in that condition

up to the procedural moment of gathering evidence in an ordinary trial and

damages and losses, and if I were to do so I would lose the monthly payments that the

the property subject to the requested judicial recognition provides me.

V) Therefore, I request that a judicial inspection be carried out at the property of my

property located at third avenue and second street two dash fifteen of
the zone two of the municipality of Santa Lucía Cotzumalguapa, since it is from my

interest in starting the repair and reconstruction of my property which as

I previously stated I was in a lease and taking everything into account.

Previously stated, I request that the submitted application be accepted for processing.

preliminary test of JUDICIAL RECOGNITION, on the property before

exposed.
FUNDAMENTAL OF LAW.
The Civil and Commercial Procedural Code stipulates: 'Both the one who is to file a lawsuit and

the one who credibly believes they will be sued may request before the

demand that a judicial recognition of the things that must be verified

be the subject of testing in the process and are expected to disappear soon

term. Recognition may also be requested when the thing threatens to collapse or
evident deterioration, or when its preservation in the state in which it is found
burdensome result... To carry out this diligence, notice will be given to those who must be mentioned

in the process as a part, contrary and …

TEST MEDIUMS.

I) JUDICIAL RECOGNITION: To the property located on the third avenue and

second street two dash fifteen of zone two of the municipality of Santa Lucía

Cotzumalguapa.
II) PRESUMPTIONS: legal and human that arise from the facts, from the knowledge of

judge and from the law derived.

PETITIONS

IN PROCESS:

I) It is hereby presented and the respective file shall be formed with this.

application

II) The place for receiving notifications is hereby designated.

III) The direction and power of attorney of the lawyer who represents me is conferred.

auxiliary.

IV) Notify Mr. Arturo Ismael Pérez González at his residence

located at third avenue and second street two dash fourteen of zone two
from the municipality of Santa Lucía Cotzumalguapa.

v) The present application is accepted for processing.

VI) Let the means of evidence be considered as offered.
IN THE BACKGROUND:

VIII) That a resolution be issued at the appropriate procedural opportunity declaring: a) Admissible

the present request for an anticipatory test. B) As a consequence, recognition is granted.

and document the damages and losses caused to my property as a result of the

felling of the tree, in the judicial recognition to be carried out, to be used

the resolution in a later process.

C I T A D E L E Y E S .I base my request on the law and cited articles, and

also in the following: 12, 28 of the Political Constitution of the Republic of

Guatemala, 1, 5, 7, 8, 12, 25, 26, 27, 31, 44, 50, 51, 61, 62, 63, 64, 65, 66, 67

68, 69, 70, 71, 72, 73, 74, 75, 78, 79, 81, 103, 106, 107, 109, 110, 111, 113, 115,
118, 123, 124, 125, 126, 127, 128, 129, 172 of the Civil Procedure Code and
Commercial and Articles 141, 142, 143 of the Judicial Organism Law.

I accompany a duplicate and a copy of this memorial.

Santa Lucía Cotzumalguapa, Escuintla, April twenty-sixth, two thousand twelve.

f.

IN HIS ASSISTANCE AND DIRECTION.

 ADVANCED TEST OF JUDICIAL RECOGNITION.

No. 03-2012 Of. 3rd. Not. 2nd.

PEACE COURT OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, TWENTY-SIXTH OF APRIL TWO THOUSAND
TWELVE.

I) The file identified above is formed with the submitted memorial.

identified with the number two hundred of the income book. II) It is noted that the
address and procurement under which the requesting party acts. III) It is noted that
place to receive notifications. IV) The indicated place is noted for
notify Mr. Arturo Ismael Pérez González V) It is accepted for processing the
present request for EARLY TEST OF JUDICIAL RECOGNITION.
VI) The means of proof are considered offered. VII) The DATE OF is noted.
MAY 2012, AT TWO PM; to process the
PRELIMINARY JUDICIAL RECOGNITION TEST of the property located
on third avenue and second street two dash fifteen of zone two of the
municipality of Santa Lucía Cotzumalguapa. VIII) The rest present for its
procedural opportunity. IX) Notify.
Artículos: 1, 7, 17, 25, 26, 27, 44, 50, 51, 61, 64, 65, 66, 67, 71, 79, 96, 103, 128,
172, 173, 174, 175, 176 of the Civil and Commercial Procedural Code, 141, 142, and 143 of
the Law of the Judicial Branch.

LICDA. MERCEDES GUADALUPE CORADO GOMEZ

JUDGE

ROSA GUADALUPE LARA JERÓNIMO

SECRETARY
EARLY JUDICIAL RECOGNITION TEST

No. 03-2012 Of. 3rd. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla,

twenty-seventh of April two thousand twelve, at ten thirty

minutes, I proceed to notify at; SIXTH STREET FOUR HYPHEN SEVENTEEN

FROM ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated TWENTY-SIX OF

APRIL OF TWO THOUSAND TWELVE, issued by the PEACE COURT OF THE MUNICIPALITY

FROM SANTA LUCIA COTZUMALGUAPA, ESCUINTLA DEPARTMENT,

SERGIO ARMANDO ORTEGA CRUZ, by means of a certificate that together with

the certified copies in the possession of LICDA. KIARA AMARILLIS BARÁN GARCÍA,

who was informed and for the record DID sign. I attest.

NOTIFIER
No. 03-2012 Of. 3rd. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla,

twenty-seventh of April two thousand twelve, at fourteen o'clock

TEN minutes, I proceed to notify at THIRD AVENUE SECOND STREET

TWO HYPHEN FOURTEEN, FROM ZONE TWO OF THE MUNICIPALITY OF SANTA LUCIA

COTZUMALGUAPA, ESCUINTLA DEPARTMENT, the resolutions of

date TWENTY SIXTH OF APRIL TWO THOUSAND TWELVE, issued by the COURT

FROM THE PEACE OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, ARTURO ISMAEL PEREZ GONZALEZ,

by means of a certificate that together with the legal copies in your possession of

ARTURO ISMAEL PEREZ GONZALEZ, who was informed and for

The constancy is signed. I attest.

NOTIFIER
NEW PRE-TRIAL. PARTY DECLARATION.
FROM ESCUINTLA.

JUAN MANUEL TAHUITE, (ONLY LAST NAME) thirty-two years old,

married, Guatemalan, mechanic, from this address, very respectfully before

you appeared and;

I STATE:

I act under the direction and assistance of Lawyer KIARA AMARILLIS BARÀN

GARCÍA; noted the office as the place to receive notifications and summons.

professional located at Sixth Street four dash seventeen of zone one, of the

municipality of Santa Lucia Cotzumalguapa

II) Before you, I respectfully appear to promote PRELIMINARY EVIDENCE

FROM THE DECLARATION of Mrs. LIZA RODRIGUEZ (UNIQUE

NAME AND UNIQUE LAST NAME), who can be notified at their residence

located on the second street and third avenue, lot fourteen of the municipality of

Santa Lucía Cotzumalguapa, based on the following:

STATEMENT OF FACTS

I) It is the case, Madam Judge, that on January twentieth of two thousand twelve, I contracted

marriage with Mrs. LIZA RODRIGUEZ, after a courtship relationship

for five years, during which I kept in touch with Mrs. LIZA's family
RODRIGUEZ, it turns out that upon getting married on the indicated date I noticed a

nervous state in Mrs. LIZA RODRIGUEZ (ONLY NAME AND

UNIQUE LAST NAME), a situation I thought was temporary, given that during the
In the years I had known her, she had never acted that way and because of the situation.
trees close to my property fell onto my property damaging it
lamination and part of the wall causing me expenses for the reconstruction of my

property.

II) Madam judge, the property I own is under lease, so

it is causing me harm and damage because it would be very costly for me

preserve the property with the damage caused by the fallen trees
about her, and the monthly payment I have stopped receiving, it would make it more burdensome for me,

to start a process.

III) Your Honor, the case is that I had a conversation with Mr. Sergio.

Manuel Figueroa Mazariegos to reach an extrajudicial agreement on the

damages and losses caused. To which the gentleman did not agree.

IV) Therefore, I am interested in initiating an ordinary process for damages and

subsequent damages and as stated, the property was in

leasing and it would be burdensome for me to maintain the property in that condition

up to the procedural moment of gathering evidence in an ordinary trial and

damages and losses, and if I were to do so I would lose the monthly payments that the

the property subject to the requested judicial recognition provides me.

V) Therefore, I request that a judicial inspection be carried out at the property of my

property located at third avenue and second street two dash fifteen of
the zone two of the municipality of Santa Lucía Cotzumalguapa, since it is from my

interest in starting the repair and reconstruction of my property which as

I previously stated I was in a lease and taking everything into account.

Previously stated, I request that the submitted application be accepted for processing.

preliminary test of JUDICIAL RECOGNITION, on the property before

exposed.
FUNDAMENTAL OF LAW.
I) DECLARATION BY: Mrs. LIZA RODRIGUEZ (UNIQUE

NAME AND UNIQUE LAST NAME) unique last name, who in person and not through

through a representative, must declare on the points raised in this document

request and in accordance with the interrogation attached in the document.

II) PRESUMPTIONS: legal and human that arise from the facts, from the knowledge of

judge and the law shall derive.

PETITIONS

IN PROCESS:
I) Let it be considered presented and let the respective file be formed with this.

request

II) The place for receiving notifications is hereby designated.

III) The direction and power of attorney of the lawyer who represents me is granted.

auxiliary.

IV) Notify Mrs. LIZA RODRIGUEZ (SOLE NAME AND SOLE

LAST NAME), at their residence located on the second street and third avenue, lot
fourteen of the municipality of Santa Lucía Cotzumalguapa.

v) The present application and the attached plea are admitted for processing.
which must remain under the reserve of the Secretary of the jurisdictional body.

VI) Let the means of proof be considered offered.

VII) Set a date and time for the statement from Mrs. LIZA
RODRIGUEZ (UNIQUE FIRST NAME AND UNIQUE LAST NAME).

BACKGROUND:
VIII) That at the appropriate procedural time a resolution be issued declaring: a) Admissible

this application for early evidence. B) As a consequence, it is carried out

minutes regarding the statement made by Mrs. LIZA RODRIGUEZ (UNIQUE

C I T A D E L E Y E S .I base my request on the law and cited articles, and

also in the following: 12, 28 of the Political Constitution of the Republic of

Guatemala, 1, 5, 7, 8, 12, 25, 26, 27, 31, 44, 50, 51, 61, 62, 63, 64, 65, 66, 67

68, 69, 70, 71, 72, 73, 74, 75, 78, 79, 81, 96, 98, 106, 107, 109, 123, 126, 127,
128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, delete
Civil and Commercial Procedural Code and 141, 142, 143, of the Law of the Organization

Judicial.
I accompany a duplicate and a copy of this memorial.

Santa Lucía Cotzumalguapa, Escuintla, April twenty-eight, two thousand twelve.

f.

IN HIS AID AND DIRECTION.

EARLY TEST OF STATEMENT BY PARTY

COURT ONE OF FIRST INSTANCE OF THE CIVIL BRANCH OF
MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF
ESCUINTLA, TWENTY-EIGHT OF APRIL TWO THOUSAND TWELVE.

I) The file identified above is formed with the submitted memorial.

identified with the number two hundred five of the income book. II) Note is taken
from the direction and procurement under which the requesting party acts. III) It is taken
note of the place to receive notifications. IV) The indicated place is noted
to notify Mrs. LIZA RODRIGUEZ (ONLY NAME AND ONLY
LAST NAME) V) This application for TEST is accepted for processing.
PRELIMINARY DECLARATION BY PARTY. VI) The offers are considered made.
evidence. VII) It is noted the FOURTH OF MAY OF TWO THOUSAND TWELVE, AT
THE NINE HOURS; to carry out the ANTICIPATED TEST OF
STATEMENT OF PART, based on the envelope that was kept in the Secretary's reserve.

of this jurisdictional body. VIII) The rest present for its opportunity
procedural. IX) Notify.
Artículos: 1, 7, 17, 25, 26, 27, 44, 50, 51, 61, 64, 65, 66, 67, 71, 79, 96, 98, 123,
128, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, of the Code
Civil and Commercial Procedural, Articles 141, 142, and 143 of the Law of the Judicial Organism.

LICDA. MERCEDES GUADALUPE CORADO GOMEZ

JUDGE

ROSA GUADALUPE LARA JERÓNIMO

SECRETARY
In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

twenty-nine of April two thousand twelve, at ten thirty

minutes, I proceed to notify at; SIXTH STREET FOUR HYPHEN SEVENTEEN

FROM ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated TWENTY-EIGHT OF

APRIL OF TWO THOUSAND TWELVE, issued by the FIRST COURT OF FIRST INSTANCE

CIVIL BRANCH INSTANCE, OF THE MUNICIPALITY OF SANTA LUCIA

COTZUMALGUAPA, ESCUINTLA DEPARTMENT, to JUAN MANUEL

TAHUITE (UNIQUE SURNAME), by means of a certificate that together with the

copies of the law in the possession of LICDA. KIARA AMARILLIS BARÁN GARCÍA, who

I acknowledge and for the record, yes, I signed. I certify.

Notifier
EARLY TEST OF STATEMENT BY PARTY
In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

TWENTY-NINE DAY OF APRIL two thousand twelve, being the FOURTEEN hours with

TEN minutes, I proceed to notify on SECOND STREET AND THIRD AVENUE,

LOT FOURTEEN OF THE MUNICIPALITY OF SANTA LUCÍA COTZUMALGUAPA, the

resolutions dated APRIL TWENTY-EIGHT, TWO THOUSAND TWELVE, issued

by the FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH OF

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

ESCUINTLA, LIZA RODRIGUEZ (SINGLE NAME AND SINGLE SURNAME), by

means of identification along with the legal copies in your possession of LIZA

RODRIGUEZ, who was informed and for the record DID sign. I certify.

NOTIFIER
 NEW PRE-TRIAL. WITNESS STATEMENT.

FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH OF

 CLARA LUZ OROZCO VALDEZ, thirty-two years old, married,

Guatemalan, certified accountant, residing at this address, very respectfully before

you appeared and;

I STATE:

I) I act under the direction and assistance of Lawyer KIARA AMARILLIS BARÀN

GARCÌA; indicated the office as the place to receive notifications and summons.

professional located at Sixth Street Four Dash Seventeen of Zone One,

municipality of Santa Lucia Cotzumalguapa;

II) I hereby respectfully appear to promote ADVANCED EVIDENCE

WITNESS STATEMENT of Mr. OSCAR ROLANDO TUCHE

BRAN, and Mr. JOSE ISMAEL RAMOS ROSALES is to be notified, who

you can be notified at your residence located on Second Street and Third

avenue, lot fourteen of the municipality of Santa Lucía Cotzumalguapa, based on the

next

STATEMENT OF FACTS

I) It is the case, Madam Judge, that on April fourth of two thousand four, I contracted

marriage with Mr. JOSE ISMAEL RAMOS ROSALES, a relationship in which

we lived together happily for six years, having not procreated any children, nor

having acquired no real estate during that time, however in

During that time, we constantly quarreled until he decided to leave the house in which

we shared our home.

For this reason, he left the house on October fifth, two thousand ten, date
marriage that unites us.

III) Therefore, I am interested in initiating an ORDINARY DIVORCE LAWSUIT

FOR A DETERMINED CAUSE, subsequently, but by virtue that it is convenient for me

it is essential to present the DECLARATION as a means of proof

TESTIMONIAL FROM MR. OSCAR ROLANDO TUCHE BRAN, I request from you
Admitted, by virtue of the fact that Mr. Tuche Bran will take a trip outside the country.

for several months, and by the time I start the process he will no longer be in this

country, for which I request that a WITNESS STATEMENT be taken as

PRE-TRIAL, to subsequently initiate the respective process and for

the effect is notified to Mr. JOSE ISMAEL RAMOS ROSALES, in his

residence located on second street and third avenue, lot fourteen of

Municipality of Santa Lucía Cotzumalguapa.

FUNDAMENTAL OF LAW.

Article 51 of the Civil and Commercial Procedural Code states: 'The person who

If you intend to enforce a right, or that it is declared to be yours, you can request it.

before the judges in the form prescribed in this Code....." Article 104.

Witness statement). It may be requested by the interested party, in the concept

to what the previous article refers or when the law so provides, that it be received

the testimony of very elderly witnesses, seriously ill or

about to leave the country. To receive these declarations, notification will be made to

who should appear in the process as the opposing party and, if not found, should be

if it is indeterminate or does not exist, the Public Ministry will be summoned.

SOURCES OF TEST.

I) WITNESS STATEMENT: From Mr. OSCAR ROLANDO TUCHE BRAN,

II) PRESUMPTIONS: legal and human that arise from the facts, from the knowledge of

judge and the law derive from.

PETITIONS

IN PROCESS:
I) Let it be considered presented and let the respective file be formed with this.

request

II) The place for receiving notifications is hereby designated.

III) The direction and power of attorney of the lawyer who represents me is granted.

auxiliaries.

IV) Mr. JOSE ISMAEL RAMOS ROSALES shall be notified at his residence.

located on second street and third avenue, lot fourteen of the municipality of

Santa Lucía Cotzumalguapa.

v) The present application and interrogatory are accepted for processing.

accompanies, which must remain under the confidentiality of the Secretariat of the body

jurisdictional.

VI) Let the proof be considered offered.

VII) Order and designate a day and time for the witness statement of Mr.

OSCAR ROLANDO TUCHE BRAN.

BACKGROUND:
VIII) That at its procedural opportunity a resolution be issued declaring: a) Favorable

the present request for early testing. B) As a consequence, it is carried out

minutes regarding the witness statement of Mr. OSCAR ROLANDO TUCHE BRAN.

to be used in a subsequent process.

C I T A D E L E Y E S. I base my request on the law and cited articles, and
furthermore in the following: 12, 28 of the Political Constitution of the Republic of

Guatemala, 1, 5, 7, 8, 12, 25, 26, 27, 31, 44, 50, 51, 61, 62, 63, 64, 65, 66, 67
Judicial.
I accompany a duplicate and a copy of this memorial.

Santa Lucía Cotzumalguapa, Escuintla, April thirtieth, two thousand twelve.

f.

In Your Help and Guidance.

PRELIMINARY TESTIMONY DECLARATION TEST

No. 06-2012 Of. 3rd. Not. 1st.

FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH OF

I) The file identified above is formed with the submitted memorial.
identified with the number two hundred twenty of the income book. II) It is taken
note from the management and delegation under which the requesting party acts. III) It is
Take note of the place to receive notifications. IV) It is rejected for processing.
request that precedes, by virtue that, as stated in the media and of
test and in its requests, it does not accompany the interrogation it refers to,
by virtue of what is established in article 145 of the Civil and Commercial Procedural Code.
V) Notify.
Artículos: 1, 7, 17, 25, 26, 27, 44, 50, 51, 61, 64, 65, 66, 67, 71, 79, 96, 104, 123,
128, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154,
155, 156, 157, 158, 159, 160, 161, 162, 163 of the Civil Procedural Code and
Commercial, 141, 142, and 143 of the Judicial Organization Law.

LICDA. MERCEDES GUADALUPE CORADO GOMEZ

JUDGE

ROSA GUADALUPE LARA JERÓNIMO

SECRETARY
ADVANCED TEST OF DECLARATION BY PARTY

No. 06-2012 Of. 3rd. Not. 1st.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

FROM ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated THIRTIETH OF

APRIL OF TWO THOUSAND TWELVE, issued by the FIRST COURT OF FIRST INSTANCE

CIVIL BRANCH INSTANCE OF THE MUNICIPALITY OF SANTA LUCIA

COTZUMALGUAPA, ESCUINTLA DEPARTMENT, to CLARA LUZ

OROZCO VALDEZ, by means of a certificate together with the copies of the law in

her power of LICDA. KIARA AMARILLIS BARÁN GARCÍA, who was informed

(a) and for the record, YES, he/she signed. I attest.

NOTIFIER
EARLY TEST OF PARTY DECLARATION

No. 06-2012 Of. 3rd. Not. 1st.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

twenty-ninth of April two thousand twelve, at fourteen hours with

TEN minutes, I proceed to notify at SECOND STREET AND THIRD AVENUE,

by the FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

ESCUINTLA, to JOSE ISMAEL RAMOS ROSALES, by means of a certificate that

together with the legal copies in your possession of JOSE ISMAEL RAMOS

ROSALES, who was informed and for the record DID sign. I attest.

Notifier
 ORDINARY TRIAL FOR DAMAGES AND HARM

No. 63-2012 Of. 3rd. Not. 2nd.

FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH, OF

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

ESCUINTLA.

SERGIO ARMANDO ORTEGA CRUZ, personal identification data

known within the trial identified above, I appear before you to request

PRECAUTIONARY MEASURE OF STAY, against Mr. ARTURO

 RELATION OF FACTS

I) It is the case, Madam Judge, that on May eleventh, two thousand twelve, I filed

lawsuit against Mr. Arturo Ismael Pérez González, for DAMAGES AND

DAMAGES, as I stated in the initial complaint, it turns out that I have the

fear that the defendant will leave the country, in light of some

comments I have heard about him considering the possibility of

to be absent while the process in question is being aired, a situation that I

it would affect, because otherwise I could not effectively collect DAMAGES later

AND DAMAGES, when declared in the sentence.

II) And as established in article two of Decree-Law 309 of the Congress of the

Republic of Guatemala, regarding the grounding established in article 523 of the

Civil and Commercial Procedural Code, I express the requirements for it to be able to

decree the arraigo against Mr. Arturo Ismael Pérez González, thirty and

two years old, married, mechanic, Guatemalan, from this address, he

identify with neighborhood ID number order E dash five and registry

ninety-five thousand eight hundred forty-eight extended by the Mayor

Municipal of the municipality of Santa Lucía Cotzumalguapa, department of

Escuintla, and Personal Identification Document nineteen sixty-one,

sixty-seven thousand one hundred ninety-one, zero five hundred two, issued by the

National Registry of Persons, from the municipality of Santa Lucía Cotzumalguapa,

Escuintla department.

III) By such virtue, I am compelled to request PRECAUTIONARY MEASURES OF

The Offices of the Directorate General of Migration.

FOUNDATION OF LAW:

The Civil and Commercial Procedural Code stipulates in its article 523: 'When there is'

fear that the person, against whom it should be initiated or that is to be hidden, will be absent

having filed a lawsuit, the interested party may request to be granted a restraining order.

place where the process must be followed....." Likewise, article 524 of the same

legal body, establishes: 'Upon decreeing the arraigo, the judge shall warn the defendant'

that he does not absent himself from the place where the process is being followed or is to be followed, without

appoint a representative who has expressly accepted the mandate and has powers

sufficient...

Republic of Guatemala, establishes: "In order for them to be able to register by the

Migration authorities appropriately, the ties that they decree

Courts, in the communication directed to them must express: the

full names and surnames of the rooted person unless only

you will have a surname in which this circumstance must be stated; the age,

marital status, profession or trade, nationality, address, the ID number of

neighborhood or passport, when it comes to non-resident foreigners, and

any other personal data that identifies the rooted person...

TESTS

I) DOCUMENTS:

Birth certificate of Mr. Arturo Ismael Pérez González, dated twelve

May twelfth, two thousand twelve, at number one hundred, page fifty of book twenty of
from Santa Lucía Cotzumalguapa, department of Escuintla.

II) LEGAL AND HUMAN PRESUMPTIONS: From the knowledge of the judge

and from the facts derive.

REQUESTS

IN PROCESS:

I) That this memorial and document be added to your records

attached.

II) That this memorandum of PROVIDENCE be admitted for processing.

PRECAUTIONARY MEASURE OF DETENTION against Mr. Arturo Ismael Pérez

González.

V) That the means of evidence be considered offered.

FROM THE BACK:

VI) That in its procedural opportunity, the resolution that is legally appropriate is issued.

it corresponds and consequently: a) that the ARRAIGO be decreed in favor of

Mr. Arturo Ismael Pérez González, thirty-two years old, married,

Mechanic, Guatemalan, from this address, identifies himself with a neighborhood ID.

order number E-five and record ninety-five thousand eight hundred

forty-eight extended by the Municipal Mayor of the municipality of Santa Lucía

Cotzumalguapa, Escuintla department, and Personal Document of

Identification nineteen sixty-one, sixty-seven thousand one hundred ninety

free the respective document to the General Directorate of Migration.

CITATION OF LAWS: I base myself on the aforementioned articles and the following: , 1, 2,

3, 5, 12, 28, 203, 204, of the Political Constitution of the Republic of Guatemala,

1, 44, 50, 51, 64, 65, 66, 67, 71, 79, 106, 107, 111, 112, 113, 114, 115, 128, 177,

178, 525 of Decree Law 107 Civil and Commercial Procedural Code, 3, 4, of the Decree-

Law 309 of the Congress of the Republic of Guatemala; 141, 142, 143 of the Law of

Judicial Body.

I attach a duplicate and a copy and attached documents.

Santa Lucia Cotzumalguapa, Escuintla. May 13, 2012.

f.

EN SU ASSISTANCE AND PROCUREMENT.

ORDINARY DAMAGES
No. 63-2012 Of. 3rd. Not. 2nd.
COURT OF FIRST INSTANCE OF THE CIVIL BRANCH,
MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF
Escuintla, May thirteenth, two thousand twelve.
I) The memorial preceding this one is added to your record. II) It is accepted for its
process the memorial for PRECAUTIONARY MEASURES OF RETENTION against
Mr. Arturo Ismael Pérez González. III) The means are considered offered.
of trial. IV) The DECREED the RETENTION against Mr. Arturo Ismael Pérez
González, thirty-two years old, married, mechanic, Guatemalan, from
Municipal Mayor of the municipality of Santa Lucía Cotzumalguapa, department of
Escuintla, and Personal Identification Document nineteen sixty-one,
sixty-seven thousand one hundred ninety-one, zero five hundred two, issued by the
National Register of Persons, of the municipality of Santa Lucía Cotzumalguapa,
Department of Escuintla. V) The respective official letter is sent to the General Directorate.

of Migration. VI) Notify.

Artículos: 1, 44, 50, 51, 64, 65, 66, 67, 71, 79, 106, 107, 111, 112, 113, 114, 115,
128, 177, 178, 523, 524, 525 of Decree Law 107 Civil Procedural Code and
Commercial, 1, 2, 3, 4, of Decree-Law 309 of the Congress of the Republic of
Guatemala; Articles 141, 142, 143 of the Judicial Organism Law.

LICDA. MERCEDES GUADALUPE CORADO GOMEZ

JUDGE

ROSA GUADALUPE LARA JERÓNIMO

SECRETARY
ORDINARY DAMAGES AND LOSS

No. 63-2012 Of. 3rd. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

fourteenth day of May two thousand twelve, at ten thirty hours

minutes, I proceed to notify at; SIXTH STREET FOUR DASH SEVENTEEN

FROM ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

CIVIL BRANCH INSTITUTION OF THE MUNICIPALITY OF SANTA LUCIA

COTZUMALGUAPA, ESCUINTLA DEPARTMENT, to SERGIO ARMANDO

ORTEGA CRUZ, through a notice along with the legal copies in his

power of LICDA. KIARA AMARILLIS BARÁN GARCÍA, who has been informed

and for the record, YES he/she signed. I attest.

NOTIFIER
ORDINARY DAMAGES AND LOSSES

No. 63-2012 Of. 3rd. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

Day FOURTEEN of May two thousand twelve, at FOURTEEN hours and TEN.

minutes, I proceed to notify at THIRD AVENUE SECOND STREET TWO

GUION FOURTEEN, FROM ZONE TWO OF THE MUNICIPALITY OF SANTA LUCIA

COTZUMALGUAPA, ESCUINTLA DEPARTMENT, the resolutions of

date THIRTEEN OF MAY TWO THOUSAND TWELVE, issued by the COURT OF

ARTURO ISMAEL PEREZ GONZALEZ, by means of a document that together

with the certified copies in his possession of ARTURO ISMAEL PEREZ GONZALEZ,

who was informed and for the record YES signed. I testify.

Notifier
PRECAUTIONARY MEASURE OF RECORDING A NEW LAWSUIT.

FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

ESCUINTLA.

ERIKA MARGO GARCIA VELASQUEZ, thirty-eight years old, married,

Guatemalan, merchant, of this address I come before you and

I expose

I) Who acted under the direction and procurement of Lawyer Kiara.

municipality of Santa Lucía Cotzumalguapa,

II) I appear to promote the present PRECAUTIONARY MEASURE OF

ANNOTATION OF DEMAND, against Mr. SERGIO LEONEL

GUTIERREZ ORTIZ, who can be notified at third avenue and second

Street Two Dash Fourteen of Zone Two of the Municipality of Santa Lucía

Cotzumalguapa based on the following:

RELATION OF FACTS

It is the case, Mrs. Judge, that on January fourteen of the year two thousand,

I married Mr. Sergio Leonel Gutierrez Ortiz, in front of the officiants

notarial acts of Notary José Humberto Carrillo Valdez, under the regime of

Community of Property, which I prove with the Marriage Certificate

number one hundred, folio ten, from book five of Marriages, dated the twenty-fifth of

April of two thousand twelve, issued by the National Registry of Persons of

Municipality of Santa Lucía Cotzumalguapa, department of Escuintla.

II) It turns out, Your Honor, that during the time we were living together

We have successfully made the purchase of a property which is located

on Second Avenue three hundred fifty-nine A of Colon Las

Delights, but it turns out that when the purchase was made it was done at

name of my husband Mr. Sergio Leonel Gutierrez Ortiz, in public deed

number fourteen dated March second, two thousand three, before the offices of the

Notary Rosa Guadalupe Lara Jerónimo, which is registered under the

property number six, folio five, of book one of Escuintla.

I want to divorce the mentioned gentleman later, but due to the fact that as

I expressed to him that we bought a property because it was the result of work.

both, and we are married under the Community of Property regime

as I mentioned earlier, and the property is only in the name of

from my husband, I request that the present PRECAUTIONARY MEASURE be admitted

NOTICE OF DEMAND, by virtue that I wish to later initiate a

ORDINARY LAWSUIT FOR DECLARATION OF COMMUNITY PROPERTY, where I am

declared the right to community property that I hold as a wife, over the

real estate located at the aforementioned address which is located

registered in the Real Estate Property Registry, under the property number fourteen,

folio ten, from book five of the department of Escuintla.

IV) Consequently, I find myself obliged to present the PROVISIONAL MEASURE

OF DEMAND ANNOTATION, in order to be able to subsequently initiate LAWSUIT

ORDINARY DECLARATION OF COMMUNITY PROPERTY, and consequently

NOTE THE DEMAND in the respective Property Registry.

FOUNDATION OF LAW:

The Civil Code stipulates in its article 124 that 'Community of Acquisitions.'

Through the regime of community of property, the husband and wife

they retain ownership of the assets they had at the time of marriage and of the

that they acquire during it, free of charge or with the value of one and the other; but

They will be theirs in half, upon the dissolution of the marital property, the following assets:

2. Those who purchase or exchange with those fruits, even if it is done the
special processing in this Code will be heard in ordinary court. Likewise

Article 526 of the same legal body stipulates: "Notation of the demand:"

When discussing the declaration, constitution, modification, or extinction of any

real right over real estate, the plaintiff may request the annotation of the lawsuit,

according to the provisions of the Civil Code. Likewise, it may be requested

annotation of the claim regarding movable goods when they are organized

respective records. Once the annotation is made, it will not harm the applicant.

any alienation or encumbrance that the defendant makes on the

mentioned goods. The transcribed legal norms fit into the

present case due to the existence of a property that was acquired during the

marriage for which I request to be declared the right to community property that I have

as a wife, consequently the RECORD OF THE LAWSUIT in the

Property Registry, respectively.

TESTS

I offer to test the aforementioned extremes with the following means

probatives:

I) DOCUMENTS:

a) First testimony of the public deed number public deed number

fourteenth of the date two of March of two thousand three, before the offices of the Notary

Rosa Guadalupe Lara Jerónimo.

b) Marriage certificate number one hundred issued by the National Registry

the people of the municipality of Santa Lucía Cotzumalguapa, department of

II) LEGAL AND HUMAN PRESUMPTIONS: That from the knowledge of the judge

and from the facts derive.

REQUESTS

IN PROCESS:

I) That this memorial and attached documents form the file.

respective.

II) That the address and power of attorney under which he acted and the place be noted.

marked to receive notifications

III) Note the designated place to notify Mr. Sergio Leonel.

Gutierrez Ortiz

IV) That the present application for PROVIDENCE be accepted for processing

PRECAUTIONARY MEASURE OF RECORDING A LAWSUIT.

V) That the means of proof be considered offered.

BACKGROUND:

VI) That at the appropriate procedural moment, the resolution that is legally required be issued.

corresponds and consequently: a) that the ANNOTATION OF is decreed in favor

DEMAND, concerning the property located at Second Avenue Three Dash One Hundred

fifty-nine A of Colonia Las Delicias, which is registered under the

farm number six, folio five, of book one of Escuintla, of the Registry of

Real Estate property, b) That the respective dispatch is issued to the Register of the
5, 12, 28, 203, 204, of the Political Constitution of the Republic of Guatemala,

109, 116, 117, 119, 124, 126, Decree Law 106 Civil Code, 1, 44, 50, 51, 61, 64

65, 66, 67, 71, 79, 96, 106, 107, 123, 128, 194, 195, 196, 526, 530, 531, 532 of

Decree Law 107 Civil and Commercial Procedural Code, 141, 142, 143 of the Law of

Judicial Body.

We accompany a duplicate and two copies and attached documents.

Santa Lucia Cotzumalguapa, Escuintla. June 1, 2012.

f.

IN THEIR ASSISTANCE AND PROCUREMENT.

 CAUTIONARY MEASURE OF DEMAND ANNOTATION

No. 03-2012 Of. 3rd. Not. 2nd.

FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH OF

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF
Escuintla, June 1, 2012.

I) The memorial that precedes is added to your records and the

file identified above. II) The address and power of attorney are noted under
which acts and the place designated for receiving notifications. III) Note is taken of the
designated place to notify Mr. Sergio Leonel Gutierrez Ortiz. IV) He
it admits for processing the request for PRECAUTIONARY MEASURE OF
Second Avenue three dash one hundred fifty-nine A of Colonia Las
Delicias, which is registered under property number six, folio five, of the
Book one of Escuintla, from the Property Registry. V) It is issued the
respective dispatch to the Property Registry. VI) Notify.

Artículos: 1, 44, 50, 51, 64, 65, 66, 67, 71, 79, 106, 107, 111, 112, 113, 114, 115,
128, 177, 178, 526, 530, 531, 532 of Decree Law 107 Civil Procedure Code and
Commercial, 141, 142, 143 of the Judicial Organization Law.

LICDA. MERCEDES GUADALUPE CORADO GOMEZ

JUDGE

ROSA GUADALUPE LARA JERÓNIMO

SECRETARY
PRECAUTIONARY MEASURE OF RECORDING A LAWSUIT

No. 03-2012 Of. 3rd. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

Day TWO OF JUNE of two thousand twelve, being TEN hours with THIRTY

minutes, I proceed to notify at; SIXTH STREET FOUR HYPHEN SEVENTEEN

FROM ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated JUNE FIRST

DEPARTMENT OF ESCUINTLA, to ERIKA MARGO GARCIA VELASQUEZ,

by means of a certificate that, along with the legal copies in their possession of LICDA.

KIARA AMARILLIS BARÁN GARCÍA, who was informed and for record

He/she signed. I certify.

Notifier
PRECAUTIONARY MEASURE OF RECORDING OF LAWSUIT

No. 03-2012 Of. 3rd. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

June second of two thousand twelve, at fourteen hours and ten minutes.

minutes, I proceed to notify at THIRD AVENUE SECOND STREET TWO

SCRIPT FOURTEEN, FROM ZONE TWO OF THE MUNICIPALITY OF SANTA LUCIA

COTZUMALGUAPA, ESCUINTLA DEPARTMENT, the resolutions of

date JUNE FIRST TWO THOUSAND TWELVE, issued by the FIRST COURT
LEONEL GUTIERREZ ORTIZ, by means of a certificate that together with the

copies of the law in the possession of SERGIO LEONEL GUTIERREZ ORTIZ, who

I acknowledge and for the record, yes, they signed. I certify.

Notifier
 ORDINARY TRIAL FOR DAMAGES AND LOSSES

No. 63-2012 Of. 3rd. Not. 2nd.

PEACE COURT OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA

DEPARTMENT OF ESCUINTLA.

SERGIO ARMANDO ORTEGA CRUZ, of personal identification data

known in the above-identified trial, I appear before you to request

PRECAUTIONARY EMBARGO MEASURE against Mr. ARTURO

ISMAEL PEREZ GONZALEZ, who is listed as the defendant in the present case.
It is the case, madam judge, that on May eleventh of two thousand twelve, I filed

lawsuit against Mr. Arturo Ismael Pérez González, for DAMAGES AND

DAMAGES, as I stated in the initial complaint, it turns out that I have the

fear that the defendant, upon the declaration of the lawsuit being granted, and therefore the

right that assists me, regarding DAMAGES AND LOSSES, do not impose them on me

effective, in that regard I request that a PROVISIONAL MEASURE be decreed

EMBARGO, in order to guarantee the results of the process.

II) And as established in article 527 of the civil procedural code, the seizure is

it can decree precautionarily, for which I request that it be decreed on the

BANK ACCOUNTS that Mr. ARTURO ISMAEL PEREZ has

GONZALEZ, in the BANKS OF THE SYSTEM, being aware of the

savings deposit account number two million

five hundred seventy-six thousand dash seventy-three (2576000-73) in the Bank

Industrial, Limited Company, and MONETARY DEPOSIT ACCOUNT

number three million seven hundred thousand twenty-four dash two (3700024-2), of the

AGROMERCANTIL BANK CORPORATION, about which I have

knowledge of their existence, requesting that the dispatch be released

corresponding to said banks and to the other BANKS OF THE SYSTEM.

iii) Therefore, I feel compelled to request a PRECAUTIONARY MEASURE OF

BANK ACCOUNT EMBARGO, in order to guarantee the results

of the process in question, requesting that the respective dispatches be issued to where

they correspond.
The Civil and Commercial Procedural Code stipulates in its article 527. (Seizure). It may

to provisionally decree the seizure of assets that cover the value

of the claimed amount, interest and costs, for which purpose the applicable are the

articles referring to this matter established for the execution process.

TESTS

I) DOCUMENTS:

Check drawn in the name of BLANCA ESTELA ALONZO RUIZ from the ACCOUNT OF

SAVINGS DEPOSITS number two million five hundred seventy-six thousand

script seventy-three (2576000-73) at the Industrial Bank, Public Limited Company, by

Mr. ARTURO ISMAEL PEREZ GONZALEZ, from February of this year

Check drawn in the name of LUIS ANTONIO CASTILLO RUANO from the ACCOUNT

OF MONETARY DEPOSITS number three million seven hundred thousand seven hundred twenty-four

script two (3700024-2), of the AGROMERCANTIL BANK PUBLIC LIMITED COMPANY,

by Mr. ARTURO ISMAEL PEREZ GONZALEZ, of March sixteenth

current year.

II) LEGAL AND HUMAN PRESUMPTIONS: From the knowledge of the judge

and from the facts are derived.

REQUESTS

IN PROCESS:

I) That the present memorial and document be added to your records.

attached.
PRECAUTORY EMBARGO against Mr. Arturo Ismael Pérez

González.

V) That the means of evidence are considered as offered.

BACKGROUND:

VI) That at the appropriate procedural time the resolution is issued that is in accordance with the law.

correspondingly and consequently: a) that the EMBARGO be decreed in favor of

the SAVINGS DEPOSIT ACCOUNT number two million five hundred

seventy-six thousand dash seventy-three (2576000-73) at the Industrial Bank,

Corporation, and MONETARY DEPOSIT ACCOUNT number three

seven hundred thousand seven hundred twenty-four dash two (3700024-2), from the BANK

AGROMERCANTIL LIMITED COMPANY, b) That the dispatch be released

regarding the Banks of the System.

CITATION OF LAWS: I rely on the aforementioned articles and the following ones: 1, 2,

3, 5, 12, 28, 203, 204 of the Political Constitution of the Republic of Guatemala

1, 44, 50, 51, 64, 65, 66, 67, 71, 79, 106, 107, 111, 112, 113, 114, 115, 128, 177,

178, 525 of Decree Law 107 Civil and Commercial Procedural Code, 3, 4, of the Decree-

Law 309 of the Congress of the Republic of Guatemala; 141, 142, 143 of the Law of

Judicial Body.

Santa Lucia Cotzumalguapa, Escuintla. May 13, 2012.

f.
 IN THEIR ASSISTANCE AND PROCUREMENT.

ORDINARY DAMAGES AND INJURIES

No. 63-2012 Of. 3rd. Not. 2nd.
PEACE COURT OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA
DEPARTMENT OF ESCUINTLA, MAY THIRTEEN OF TWO THOUSAND TWELVE.
I) Se agrega a sus antecedentes el memorial que antecede. II) Se RECHAZA
for your procedure the present memorial, due to the fact that it does not include the copies

respective of law, as established in article 63 of the Procedural Code

Civil and Commercial. iii) Notify.
Artículos: 1, 44, 50, 51, 63, 64, 65, 66, 67, 71, 79, 106, 107, 111, 112, 113, 114,
115, 128, 177, 178, 527 of the Decree Law 107 Civil and Commercial Procedural Code
 LICDA. MERCEDES GUADALUPE CORADO GOMEZ

JUDGE

ROSA GUADALUPE LARA JERÓNIMO

SECRETARY
ORDINARY CLAIMS FOR DAMAGES AND LOSS

No. 63-2012 Of. 3rd. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

fourteenth day of May two thousand twelve, at ten thirty

minutes, I proceed to notify at; SIXTH STREET FOUR HYPHEN SEVENTEEN

FROM ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated MAY THIRTEEN

SERGIO ARMANDO ORTEGA CRUZ, through an identity card that together with

the legal copies in the possession of LICDA. KIARA AMARILLIS BARÁN GARCÍA,

who was informed and for the record DID sign. I attest.

NOTIFIER
 Ordinary Paternity and Filial Relationship New

FIRST COURT OF FIRST INSTANCE OF THE MUNICIPALITY OF SANTA

LUCIA COTZUMALGUAPA, ESCUINTLA DEPARTMENT.

KARLA CECILIA ORTEGA CRUZ, thirty years old, single, High School graduate,

Guatemalan, from this address, I respectfully appear before you and

I EXPOSE

I act under the direction and assistance of Lawyer KIARA AMARILLIS BARÀN
professional located at Sixth Street four dash seventeen of zone one, of the

municipality of Santa Lucia Cotzumalguapa;

II) He acted on his own behalf and as the legal representative of my minor son CARLOS

MANUEL ORTEGA CRUZ, which I certify with the certification of the record of

birth number FOURTEEN (14) Folio FIFTY (50), from Book ONE HUNDRED (100)

which was issued to me on the third of May two thousand twelve by the

Civil Registrar of the National Registry of Persons of this city.

III) I respectfully appear before you to promote an ORDINARY LAWSUIT

ON PATERNITY AND FILIATION against Mr. SEBASTIAN PEREZ PAZ,

who can be notified at their residence located on first avenue and

sixth street two dash ten of zone two of the municipality of Santa Lucía

Cotzumalguapa, based on the following:

RECORD OF EVENTS

I) As I stated in the exposition part, I act on my own behalf and in

legal representation of my minor son CARLOS MANUEL ORTEGA CRUZ,

five years old, who was born in this city on the twenty-fourth of July of two

one thousand six, as I certify with the Birth Certificate

number FOURTEEN (14) Folio FIFTY (50), of Book ONE HUNDRED (100) which I

It was extended on May 3, 2012, by the Civil Registrar.

from the National Registry of Persons in this city.

II) I find myself needing to inform you, Madam Judge, that my

The youngest son was born from the dating relationship we had with the defendant.
the defendant had my parents' permission for us to keep said

dating, so both the defendant's family, my family, and our friends

they were aware of our relationship

III). From our relationship, a pregnancy occurred, when we both found out about

I was in a state of gestation at the end of November.

two thousand five, we talked about it and decided that we would live together but

what would happen later on, because at that moment he did not have a job. The

Defendant SEBASTIAN PEREZ PAZ came to my house to talk with my

parents in December two thousand three, to what we would face together

this situation and he told them that he was going to take on his responsibility, but that like he

he had no job, he had to go to work in Guatemala City. He returned on the

the month of February and he told me he was going to rent a room for me and the child, that he

I was going to pay and that I would come every two weeks, but that I would only do it for the child and

that in the month of March I was going to return so that we could see a place where

we could rent.

IV) From the point of having approximately five months of gestation

Defendant SEBASTIAN PEREZ PAZ distanced himself from me and did NOT SUPPORT me either.

morally, nor psychologically, much less economically, absenting oneself

completely on my side, without giving any explanation and knowing the

perfectly that HE IS THE FATHER of our youngest son CARLOS MANUEL

ORTEGA CRUZ for what it meant for me and my family to cover all the

expenses that involve pregnancy, childbirth, and the upbringing and health of our

son CARLOS MANUEL ORTEGA CRUZ.

CRUZ is currently five years old, a time during which he has not known

his father, since he hasn't even shown up out of curiosity to meet him, to greet him.

or simply to ask if you are in good health. I, as a mother of the

the minor did not want to act against the father of my youngest son, but I believe

that my son has the right to know his father and for him to acknowledge him as

Son, since our youngest child is my responsibility as well as that of the defendant.

CARLOS MANUEL ORTEGA CRUZ, who we must look after.

health, education, and everything that involves bringing a child into the world, due to the fact that the

the child is not to blame for the differences that we as parents may have

had before or after its birth.

VI). Taking into account what has been stated, Your Honor, and despite the fact that the

the couple's relationship didn't work as it should, that is not a reason for a father

he distances himself from his son and does not relate to him, showing signs of his immaturity with

not wanting to assume the responsibility of being a father that the defendant SEBASTIAN

PEREZ PAZ has for my son.

VII) Consequently, I am compelled to file a lawsuit in the ORDINARY WAY

PATERNITY AND FILIATION, for the purpose of recognizing that the defendant is the

father of my minor son CARLOS MANUEL ORTEGA CRUZ, as well as the costs

judicial.

FOUNDATION OF LAW:

Article 209 of the Civil Code regulates: 'The children conceived outside of the

marriage, enjoy the same rights as children born outside of

is established and proven, in relation to the mother, by the mere fact of birth; and,

Regarding the father, due to voluntary acknowledgment or by court judgment

that declares paternity”; Article 220 of the cited law states: “The child who does not

he was voluntarily recognized, has the right to request that it be judicially

declare his affiliation and this right never prescribes regarding him.....”, Article 287

The same legal body establishes: 'Parenthood can be judicially'

declared 1. When there are letters, writings or documents in which it is recognized;

When the result of the biological test of the Acid

Deoxyribonucleic acid -DNA- scientifically determines the affiliation with the presumed

father, mother, and son. If the alleged father refuses to undergo the practice of

such test, ordered by a competent judge, its refusal will be considered as evidence

of paternity, except proof to the contrary. The Acid Test

Deoxyribonucleic acid -DNA- must be ordered by a competent judge, being able to

be carried out in any public or private institution, national or

foreign experts in this field. This piece of evidence must comply with

with the requirements established by law for their admissibility." Article 5 of the

The Comprehensive Protection Law for Childhood and Adolescence establishes: 'The interest

The child's best interests are a guarantee that will be applied in every decision made.

in relation to childhood and adolescence, which must ensure the exercise and

enjoy your rights, respecting your family ties, ethnic origin,

religious, cultural, and linguistic,……….” Article 14 of the same legal body

regulation: "Children and adolescents have the right to have their identity,

including nationality and name, knowing their parents and being cared for by
they will be aired in an ordinary trial.

Means of proof

DOCUMENTARY:

A) Original birth certificate of my minor son CARLOS MANUEL

ORTEGA CRUZ, number FOURTEEN (14) Folio FIFTY (50), of Book ONE HUNDRED

which was issued to me on May third, two thousand twelve by the

Civil Registrar of the National Registry of Persons of this city.

b) Simple photocopy of my Personal Identification Document.

II). STATEMENT OF PART:

From the defendant Mr. SEBASTIAN PEREZ PAZ, which I will present in a sealed envelope.

timely before this court, who must testify in person and not

by proxy, under the warning that if you do not appear, it will be taken as

confessed at the request of one party.

testimonial

Witness Statement that I will propose in due course, as well as the

corresponding interrogation.

IV). JUDICIAL RECOGNITION:

About people, places, things, books, and anything else that may be of interest in it.

process.
Which must be practiced on the defendant and my minor son CARLOS MANUEL.

ORTEGA CRUZ, by the Chemical Biologist who must be ordered by the

respectable judge, asking the Judge for it to be carried out in

a Public Institution within the country preferably of the National Institute of

Forensic Sciences INACIF and should cover the points that in its

I will propose a procedural opportunity.

VI) SCIENTIFIC MEANS OF PROOF:

The test for Deoxyribonucleic Acid -DNA- that must be ordered by the

respected judge to conduct it against the defendant SEBASTIAN PEREZ PAZ and to

my younger son CARLOS MANUEL ORTEGA CRUZ, requesting the judge

that it takes place in a public institution within the country, opinion that

The Biochemist who performs it must certify.

VII. LEGAL AND HUMAN PRESUMPTIONS:

That arise from the knowledge of the judge and the facts.

REQUEST

I) That this memorial and attached documents be used to form the file.

respective.

II) It is stated that I act on my own behalf and on behalf of my minor son CARLOS

MANUEL ORTEGA CRUZ.

III) That the address and procurement under which he/she acted and the place be recorded.
V) That the present demand be admitted for processing in the ORDINARY WAY OF

FATHERHOOD AND FILIATION, against the defendant.

VI) That the means of evidence be considered as offered.

VII) That the defendant be summoned for the legal term of nine common days.

in order to assert their exceptions or their opposition, under penalty that

if he does not appear, it will be considered as confessed at the request of a party.

VIII) That evidence be admitted at the appropriate procedural moment.

IX) That a day and time be set for the hearing at the appropriate procedural moment.

FROM THE BACKGROUND:

X) That at the appropriate procedural time a ruling is issued declaring: a) In favor of the

present ordinary demand for PATERNITY AND FILIATION. b) As

as a consequence, order the recognition of the defendant SEBASTIAN's child

PEREZ PAZ, towards my youngest son CARLOS MANUEL ORTEGA CRUZ, in the

birth certificate previously specified to the National Registry of the

People from this city, c) That the defendant be ordered to pay

the judicial costs.

LEGAL QUOTE: Cited articles 4, 209, 210, 211, 212, 215, 220, 221, 222, of

Civil Code; 1, 25, 26, 27, 28, 29, 31, 44, 50, 51, 61, 63, 64, 66, 67, 70, 71, 75

78, 79, 87, 88, 96, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 118,

119, 120, 121, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135,

136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151,
196, 197, 198, of the Civil and Commercial Procedural Code; 57, 58, 59, 135, 136, 137,

138, 139, 140, 141, 142, 143 of the Judicial Organ Law; 1, 2, 3, 4, 6, 8, 9,

10, 11, 12, 13, 14, 15, 16, 17 of the Comprehensive Child Protection Law and the

Adolescence.

I accompany a duplicate and a copy of this memorial and attached documents.

Santa Lucía Cotzumalguapa, Escuintla department, May 12, 2012.

IN THEIR ASSISTANCE AND PROCUREMENT:

ORDINARY PATERNITY AND FILIATION

No. 73-2012 Of. 3rd. Not. 1st.

FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH,

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF
ESCUINTLA, TWELFTH OF MAY TWO THOUSAND TWELVE.

I) The file identified above is formed with the submitted memorial.

identified with the number two hundred fifty of the income book. II) It is taken
noted to notify the defendant. V) It is accepted for processing the
I present a demand in the ORDINARY ROUTE OF PATERNITY AND FILIATION VI) It is
they have provided the means of proof. VII) The defendant is summoned by the
legal term of nine common days, under the warning that if not
Appearance is considered rebellious at the request of part. VIII) The rest is present.
for your procedural opportunity. IX) Notify.
Artículos: 1, 7, 17, 25, 26, 44, 45, 50, 51, 61, 64, 65, 66, 67, 71, 79, 96, 106, 107,
111, 112, 113, 123, 128, 129 of the Civil and Commercial Procedural Code, 141, 142 and
143 of the Judicial Organization Law.

LICDA. MERCEDES GUADALUPE CORADO GOMEZ

JUDGE

ROSA GUADALUPE LARA JERÓNIMO

SECRETARY
ORDINARY PATERNITY AND FILIATION

No. 73-2012 Of. 3rd. Not. 1st.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

thirteenth of May two thousand twelve, at ten hours and thirty

minutes, I proceed to notify at; SIXTH STREET FOUR HYPHEN SEVENTEEN

FROM TWO THOUSAND TWELVE, issued by the FIRST COURT OF FIRST INSTANCE

INSTANCE OF THE MUNICIPALITY OF SANTA LUCÍA COTZUMALGUAPA

DEPARTMENT OF ESCUINTLA, to KARLA CECILIA ORTEGA CRUZ, for

means of identification that together with the copies of law in the possession of LICDA.

KIARA AMARILLIS BARÁN GARCÍA, who has been informed and for the record

He/She signed. I attest.

NOTIFIER
Ordinary Fatherhood and Filiation

No. 73-2012 Of. 4th. Not. 1st.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

thirteenth day of May two thousand twelve, at fourteen hours with ten

minutes, I proceed to notify at FIRST AVENUE AND SIXTH STREET TWO

SCRIPT TEN OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

INSTANCE OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, to SEBATIAN PEREZ PAZ, by means of

document together with the legal copies in his possession of SEBASTIAN PEREZ

PEACE, who was informed and for the record DID sign. I attest.

Notifier
 ORDINARY TRIAL FOR DAMAGES AND LOSSES NEW

PEACE COURT OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA.

SERGIO ARMANDO ORTEGA CRUZ, thirty-eight years old, married,

Guatemalan, merchant, from this residence very respectfully before you

I appear and;
II) I act under the direction and assistance of the Lawyer KIARA AMARILLIS BARÀN

GARCÍA; indicated the office as a place to receive notifications and summons.

professional located at Sixth Street four dash seventeen of zone one,

municipality of Santa Lucia Cotzumalguapa;

III) I respectfully appear before you to promote ORDINARY TRIAL

FOR DAMAGES AND HARM against Mr. ARTURO ISMAEL PEREZ

GONZALEZ, who can be notified at his residence located on the third

avenue and second street two dash fourteen of zone two of the municipality of Santa

Lucía Cotzumalguapa, based on the following:

STATEMENT OF FACTS

It is the case, Madam Judge, that on the fourteenth of January of the year two thousand twelve,

I made a Purchase Agreement in which I acquired the property located at

third avenue and second street two dash fifteen of zone two of the municipality of

Santa Lucía Cotzumalguapa, as stated in public deed number fourteen.

dated January fourteenth of the year two thousand twelve, registered under the property number

ten, folio three of book four of the department of Escuintla authorized by the

Notary Efraín Rolando Gómez Paz, which is located on the third

Avenue and Second Street Two Dash Fifteen of Zone Two of the Municipality of Santa

Lucía Cotzumalguapa, property that is adjacent to that of Mr. Arturo Ismael

Pérez González.

It is the case that Mr. Arturo Ismael Pérez González as I stated

previously it is a neighbor of my property, located at the address before

approximately one meter away from the property boundary,

which are large in size and caused damage to my property, due to

to Mr. Arturo Ismael Pérez González on the date of March thirtieth of the

This year, due to personal interests, he proceeded to cut down some trees and to

They were talking on their property, but when they felled the tree closest to me.

property, this fell on the structure of my property damaging it regarding the

lamination and the wall adjacent to the defendant's property, due to the fact that it does not

I take the necessary precautions to avoid damaging my property.

III) By virtue of the damage caused to my property, I proceeded to speak with the now

demanded to take responsibility for the DAMAGES caused, the same day

in what was caused extrajudicially to which he responded that there had been

it was an accident and it was not his responsibility, so we did not arrive at

no agreement, in that conversation Mr. Julio Antonio was present

Gálvez Ramírez, a builder, who made an approximate budget for the

reconstruction of my property amounting to FIVE THOUSAND

THREE HUNDRED FORTY-FIVE, in which the lamination was included, the

construction of the damaged wall, the paint and all materials of

relevant construction.

IV) Madam judge, the property accredited in numeral one of this same document

I have it leased to a third party, but at the moment when it happened

damage to my property, they had to vacate the property due to the imminent

risk of further destruction of the property, in which case I will stop receiving the

monthly payments for this property that was already rented, the value of
Gentlemen had to vacate the property, and it is the case that it is almost fulfilled.

One month since the damage occurred and I stopped receiving that monthly payment.

V) Consequently, I am compelled to file a claim through the ORDINARY ROUTE FOR

DAMAGES AND INJURIES, for the effect that it is recognized that the defendant must

pay at the time the amount of SEVEN THOUSAND ONE HUNDRED FORTY-FIVE

QUETZALES, in the concept of DAMAGES AND LOSSES caused to my property,

as well as the legal costs.

FOUNDATION OF LAW:

The Civil Code stipulates in its article 1434 that 'Damages consist of the'

losses that the creditor suffers in their assets, and the damages are the

lawful earnings that are no longer received, must be an immediate consequence and

directly from the infraction, whether caused or that must necessarily be

to cause oneself. Likewise, article 1672 of the same legal body: "The owners,

tenants, holders and, in general, people who take advantage of the

goods, they will respond, likewise:.... 2nd. Due to the falling of trees, when it is not

caused by force majeure…. In all these cases, the affected party has

right to demand the cessation of the cause that motivates the damage or harm and the

compensation if applicable. Article 96 of the Civil Procedural Code stipulates

Commercial "The controversies that do not have a specified special procedure in this

Code, will be aired in ordinary trial." The transcribed legal norms are

they fall within the present case because there is damage and harm caused to

my property, so I find myself in the need to present the following

 TESTS

I) DOCUMENTS:

a) First testimony of public deed number fourteen dated fourteen of

January 2012, authorized by Notary Efraín Rolando Gómez Paz.

b) Budget prepared by the builder Julio Antonio Galvez Ramirez,

constructor, dated February sixteenth, two thousand twelve.

II) STATEMENT BY PARTY: Through positions taken under oath

the defendant must appear in person and not by means of a proxy,

under warning that if you do not appear, it will be taken as confessed and answered

in an affirmative sense the positions.

III) WITNESS STATEMENT: They must testify in due time.

procedural.

a) Julio Antonio Gálvez Ramírez,

b) Carlos Humberto Rodríguez Estrada,

c) María Guadalupe García López.

IV) JUDICIAL RECOGNITION: That by resolution dated TWO OF

MAY OF TWO THOUSAND TWELVE, issued by the First Court of First Instance

Civil Branch instance of the municipality of Santa Lucía Cotzumalguapa, within

from the file of ADVANCE TEST OF JUDICIAL RECOGNITION

No. 03-2012 Of. 3rd. Not. 2nd. It was practiced in the property located on the third.

Avenue, Second Street Two Hyphen Fifteen of Zone Two of the Municipality of Santa
which I accompany with this memorial.

VI) LEGAL AND HUMAN PRESUMPTIONS: That from the knowledge of

judge and from the facts derive.

REQUESTS

IN PROCESS:

I) That this memorial and attached documents create the file.

respective.

II) Let it be noted the quality with which I act.

III) That the address and power of attorney under which he acted and the place be noted

marked to receive notifications

IV) Let it be noted the place designated to notify the defendant.

V) That the present demand be admitted for processing through the ORDINARY PROCEDURE OF

DAMAGES AND PREJUDICE, against the defendant.

VI) That the means of evidence be considered offered.

VII) That the defendant be summoned for the legal term of nine common days.

to assert its exceptions or its opposition, under warning that

if you do not appear, the lawsuit will be considered answered in the negative

rebel at the request of a part.

VIII) That it be opened for evidence at the appropriate procedural moment.

X) That at the appropriate procedural time a sentence be issued declaring: a) Granted the

present ordinary lawsuit for DAMAGES AND LOSSES. b) As a consequence

the DAMAGES AND LOSSES caused to my property located at the

third avenue and second street two dash fifteen of zone two of the municipality of

Santa Lucía Cotzumalguapa, c) That the defendant be condemned to pay

of the judicial costs.

CITATION OF LAWS: I base myself on the aforementioned articles and on the following: 1, 2, 3,

5, 12, 28, 203, 204, of the Political Constitution of the Republic of Guatemala,

1645, 1673, Decree Law 106 Civil Code, 1, 7, 25, 26, 27, 44, 50, 51, 61, 63, 64

65, 66, 67, 69, 70, 71, 72, 75, 79, 87, 96, 106, 107, 111, 112, 113, 114, 115, 116,

117, 118, 119, 120, 121, 122, 123, 126, 127, 128, 129, 130, 131, 132, 133, 134,

135, 142, 146, 149, 172, 173, 177, 178, 186, 191, 194, 195, 196, 197, 198 deleted

Decree Law 107 Civil and Commercial Procedural Code, 141, 142, 143 of the Law of

Judicial Body.

We accompany a duplicate and a copy and attached documents.

Santa Lucia Cotzumalguapa, Escuintla. May 11, 2012.

f.

IN THEIR AID AND PROCUREMENT.

 ORDINARY DAMAGES AND HARM

No. 63-2012 Office 3rd. Not. 2nd.

PEACE COURT OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA

DEPARTMENT OF ESCUINTLA, MAY ELEVEN OF TWO THOUSAND TWELVE.

I) The file identified above is formed with the submitted memorial.

identified with the number two hundred twelve of the income book. II) It is noted
from the address and representation under which the plaintiff acts and from the place to
receive notifications. III) It is noted the place designated to notify you.
Defendant. IV) The present demand is accepted for processing in the WAY
ORDINARY DAMAGES AND INJURIES V) The means are considered offered
the demand in a negative and rebellious request from the party. VIII) The rest
present for your procedural opportunity. IX) Notify.
Artículos: 1, 7, 17, 25, 26, 44, 45, 50, 51, 61, 64, 65, 66, 67, 71, 79, 96, 106, 107,
111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 123, 126, 128, 129, 130, 131
132, 133, 134, 135, 142, 146, 149, 172, 173, 177, 178, 186, 191, 194, 195, 196,
197, 198 of the Civil and Commercial Procedural Code, 141, 142, and 143 of the Law of
Judicial Organism.

LICDA. MERCEDES GUADALUPE CORADO GOMEZ

JUDGE

ROSA GUADALUPE LARA JERÓNIMO

SECRETARY
ORDINARY DAMAGES AND LOSSES

No. 63-2012 Of. 3rd. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

twelfth day of May two thousand twelve, at ten thirty

minutes, I proceed to notify at; SIXTH STREET FOUR HYPHEN SEVENTEEN

FROM ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated MAY ELEVEN

SERGIO ARMANDO ORTEGA CRUZ, by means of a certificate that together with

the certified copies in the possession of LICDA. KIARA AMARILLIS BARÁN GARCÍA,

who was informed and for the record DID sign. I certify.

NOTIFIER
ORDINARY DAMAGES AND INJURIES

No. 63-2012 Of. 3rd. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla,

twelfth day of May two thousand twelve, being fourteen hours with ten

minutes, I proceed to notify at THIRD AVENUE SECOND STREET TWO

Script fourteen, from zone two of the municipality of Santa Lucia

COTZUMALGUAPA, ESCUINTLA DEPARTMENT, the resolutions of

date ONCE OF MAY OF TWO THOUSAND TWELVE, issued by the PEACE COURT
together with the legal copies in the possession of ARTURO ISMAEL PEREZ

GONZALEZ, who was informed and for the record DID sign. I certify.

NOTIFIER
 ORDINARY ANNULMENT OF MARRIAGE NEW

FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH OF

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

Escuintla.

MARIEL CORADO (ONLY NAME AND ONLY LAST NAME) twenty-eight years old

of age, single, Guatemalan, Accounting Technician, of this address, I act in

representation of Mr. JUAN MANUEL TAHUITE, (ONLY LAST NAME) from

thirty-two years old, married, Guatemalan, mechanic, from this address,

I respectfully appear before you and;

I DECLARE:
fourteen which contains GENERAL MANDATE WITH REPRESENTATION,

performed before the notarial offices of Notary María Alejandra Dubón Rosales,

April 14, 2012, which is duly registered in

the Powers Registry of the General Archive of Protocols.

II) I act under the direction and assistance of Lawyer KIARA AMARILLIS BARÀN

GARCÌA designated the office as the place to receive notifications and summons.

professional located at Sixth Street, four dash seventeen in zone one, of the

municipality of Santa Lucia Cotzumalguapa;

III) I respectfully appear before you to initiate a SUMMARY LAWSUIT

ON THE ANNULLING OF MARRIAGE against Mrs. LIZA

RODRIGUEZ (ONLY NAME AND ONLY LAST NAME), who can it be

notified on the second street and third avenue, lot fourteen of the municipality of

Santa Lucía Cotzumalguapa, based on the following:

RELATION OF FACTS

It is the case, Your Honor, that my client maintained a dating relationship.

with Mrs. LIZA RODRIGUEZ, (ONLY NAME AND ONLY LAST NAME),

for five years, a relationship in which he had communication with the family of the

Mrs. LIZA RODRIGUEZ (ONLY NAME AND ONLY LAST NAME) and vice versa,

relationship in which no action that could be called ever manifested

attention of my representative, as well as states of nervousness on the part of the

Mrs. LIZA RODRIGUEZ (ONLY FIRST NAME AND ONLY LAST NAME).

II) After five years of dating, my client decided to get married.

Rosales, on the twentieth of January two thousand twelve, with Mrs. LIZA

RODRIGUEZ (ONLY NAME AND ONLY LAST NAME), a situation they decided

both and made it clear to both families, however at the moment of the

celebration of the marriage my represented party realized that the defendant

he was acting strangely, but I believe it was due to the state of emotion he was in.

it was a normal situation for any woman to be in the

wedding moment, but as time went by, my client realized

She reports that her wife's behavior had not changed, a situation that my

represented I think it was normal due to the change of home that Mrs. LIZA

RODRIGUEZ (ONLY NAME AND ONLY SURNAME), had had and in

consequence of the separation of his parents, but some months passed and

the emotional state of the defendant did not change.

In such virtue, my client proceeded to inquire and discovered that the

the plaintiff had been suffering from a mental illness since the age of fifteen,

situation that has just come to light, because she never told him

manifestation of that disease.

IV) Such a situation had consequences because my represented party was affected

vulnerable due to the lack of trust from Mrs. LIZA RODRIGUEZ (UNIQUE

NAME AND ONLY LAST NAME), towards him, which caused him depression because of

he decided to travel to spend some time with his parents and think better

way the terrible experience that my client is now learning about.

IV) And as established by the Civil Code in its article 145 Nullity of
At the moment of getting married with my representative, I acted nervously.

As a result of this, my represented person inquired and discovered that such

She has been suffering from a mental illness since she was fifteen.

V) Consequently, my client is compelled to file a lawsuit in the VIA

ORDINARY ANNULMENT OF CIVIL MARRIAGE, for the purpose of

acknowledge the annulment of the civil marriage that my client entered into on the day

twenty of January two thousand twelve, with Mrs. LIZA RODRIGUEZ (UNIQUE

NAME AND ONLY LAST NAME), in order for it to be null and not to cause

legal effects on my defendant.

FOUNDATION OF LAW:

The Guatemalan Civil Code stipulates in its article 145 "Annulability of the

Marriage is voidable: …. 3. Of any person who suffers from

mental incapacity when celebrating it; and... Likewise, the Civil Procedural Code and

The Commercial Code establishes in its article 96 'Disputes that are not defined'

Special processing in this Code will be handled in ordinary trial.

MEANS OF PROOF

DOCUMENTARIES:

A) Certification of marriage certificate number eight hundred ninety-one

(891), Folio four hundred twenty-one (421) of Book fourteen (14) of Marriages,

extended by the Civil Registrar of the National Registry of Persons of Santa

Lucía Cotzumalguapa, dated March thirtieth, two thousand twelve.

notarial deeds of the Notary María Alejandra Dubón Rosales, on the fourteenth of April of the

two thousand twelve, which is properly registered in the Registry of

Powers of the General Archive of Protocols.

C) Act of legalization of the personal identification document of Mr. Juan

Manuel Tahuite (single surname)

D) Act of legalization of the personal identification document of the young lady

Mariel Corado (single name and single surname)

STATEMENT OF PARTY

From Mrs. LIZA RODRIGUEZ (UNIQUE NAME AND UNIQUE LAST NAME) unique

last name, who in person and not through a representative, must declare

regarding the points raised in this lawsuit and in accordance with the interrogation

that is accompanied by a fold.

TESTIMONIALS: They must declare at their procedural opportunity.

Carmen Rodriguez.

b) OTILIO GOMEZ VASQUEZ.

EXPERT OPINION: Which must be conducted on the defendant by the

Clinical psychologist Sergio Alberto Ortega Figueroa, about the emotional state of the

demanded.

ASSUMPTIONS:

Legal and Human that arise from the knowledge of the judge and the process.
IN PROCESS:

I) That this memorial and attached documents form the file

respective.

II) Let it be noted the quality with which I act.

III) That note be taken of the address and power of attorney under which he acted and the place

marked to receive notifications

IV) Let it be noted the place designated to notify the defendant.

V) That the present lawsuit be accepted for processing in the ORDINARY PROCEDURE OF

Annulment of marriage, against the defendant.

VI) That the means of evidence be deemed offered.

VII) That the defendant is summoned for the legal term of nine common days.

so that he may assert his exceptions or his opposition, under the warning that

If he/she does not appear, it will be considered as confessed at the request of a party.

VIII) That it be opened for evidence at the appropriate procedural moment.

IX) That a date and time be set for the hearing at the appropriate procedural moment.

AT THE BACK:

X) That in due time a ruling be issued declaring: a) Admissible the

present an ordinary annulment petition for marriage. b) How

the consequence is to recognize the annulability of marriage in order not to

CITATION OF LAWS: I base myself on the aforementioned articles and on the following: 1, 2, 3,

5, 12, 28, 203, 204, of the Political Constitution of the Republic of Guatemala, 8,

9, 10, 78, 79, 81, 92, 93, 99, 100, 101, 102, 103, 109, 116, 117, 118, 119, 124,

126, 150 of Decree Law 106 Civil Code; 1, 10, 17, 25, 26, 27, 44, 45, 50, 51,

61, 64, 65, 66, 67, 71, 72, 79, 96, 106, 107, 111, 112, 113, 123, 128, 129, 130,

131, 132, 133, 134, 135, 142, 146, 149, 164, 165, 177, 178, 186, 194, 195, 196,

197, 198 of Decree Law 107 Civil and Commercial Procedural Code, 141, 142, 143 of

the Law of the Judicial Body.

We accompany a duplicate and a copy and attached documents.

Santa Lucia Cotzumalguapa, Escuintla. MAY 10, 2012

f.

IN THEIR ASSISTANCE AND PROCUREMENT:

 Ordinary of Annulability of Marriage

No. 53-2012 Of. 4th. Not. 2nd.

FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH, OF

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF
Escuintla, May Tenth, Two Thousand Twelve.

I) The file identified above is formed with the submitted memorial.

identified with the number four hundred twelve of the income book. II) Based on
the accompanying document establishes the legal representation.
take note of the address and authorization under which the acting party operates and of
place to receive notifications. IV) The current one is rejected for processing
demand on the grounds that it does not mention the place to notify
the respondent is his residence or their residence is unknown, in accordance with the
Article 61 paragraph 5 of the Civil and Commercial Procedural Code. V) Notify.
Artículos: 1, 7, 17, 25, 26, 44, 45, 50, 51, 61, 64, 65, 66, 67, 71, 79, 96, 106, 107,
111, 112, 113, 123, 128, 129 of the Civil and Commercial Procedural Code, 141, 142 and
143 of the Judicial Organization Law.

LICDA. MERCEDES GUADALUPE CORADO GOMEZ

JUDGE

ROSA GUADALUPE LARA JERÓNIMO

ORDINARY OF MARRIAGE ANNULMENT

No. 53-2012 Of. 4th. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

eleventh day of May, two thousand twelve, at ten thirty hours

minutes, I proceed to notify at SIXTH STREET FOUR HYPHEN SEVENTEEN OF

ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated TEN OF MAY

FROM TWO THOUSAND TWELVE, issued by the FIRST COURT OF FIRST INSTANCE

INSTANCE OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, to MARIEL CORADO (Unique name and unique

last name), by means of a certificate that together with the legal copies in your possession

of LICDA. KIARA AMARILLIS BARÁN GARCÍA, who has been informed and for

The certificate has been signed. I attest.

NOTIFIER
 ORDINARY DAMAGES AND LOSSES

No. 63-2012 Of. 3rd. Not. 2nd.

PEACE COURT OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA AND

DEPARTMENT OF ESCUINTLA.

ARTURO ISMAEL PEREZ GONZALEZ, thirty-two years old, married,

Mechanic, Guatemalan, of this address, I respectfully appear and

I expose

I) Who acted under the direction and procurement of attorney Kiara Amarillis Barán
García pointed out the professional office as the place to receive notifications.

located on Third Street and Second Avenue, lot one hundred fifty-nine A of
Colonia Las Delicias, of this municipality.

II) I appear before you to raise a PRELIMINARY EXCEPTION OF

INCOMPETENCE, in the process that is being carried out against me based on the

next.
FACTS

I) Regarding the preliminary exception of incompetence, which in this case

I promote for the reason that the plaintiff filed an ordinary lawsuit for damages and

harm against me through a memo dated May eleventh, two thousand

twelve, which is being submitted to the knowledge of the Peace Court of

municipality of Santa Lucía Cotzumalguapa, department of Escuintla and is
identified with the number sixty-three dash two thousand twelve, in charge of the officer

third and notifier second, of the mentioned court, which was notified to me on
May twelfth, two thousand twelve.
junior judges, when the value in dispute does not exceed five hundred

quetzals..." and Mr. Sergio Armando Cruz Ortega is asserting his rights.
claim before the honorable peace judge, a situation that should have been addressed

in the First Civil Trial Court of the municipality of

Santa Lucía Cotzumalguapa, Escuintla department.

III) And being in time, I raise the preliminary exception of INCOMPETENCE due to the

reasons previously stated which must be declared as valid.

FOUNDATION OF LAW

Article 116 of the Civil and Commercial Procedural Code stipulates: 'The defendant

You can raise the following preliminary exceptions: 1st. Incompetence...

Likewise, Article 120 of the same legal body establishes: 'Within six days

From the location, the defendant may raise preemptive exceptions.... The
the procedure for exceptions will be the same as that for incidents" And article 121 of

the same code establishes: "The judge will resolve the exceptions in a single order"

previous. If the exception of incompetence is found among them and the judge
the unfounded declaration will be pronounced on the other preliminary exceptions in the

same car. If the incompetence were declared valid, the judge would refrain from

decide the remaining ones, until the decision in the matter is executed.

of incompetence. …" Article 135 of the Judicial Organism Law establishes:

Incidents. Any ancillary matter that arises and is promoted on the occasion

of a process and that is not indicated by law as procedure, must

to be processed as an incident...

TEST

LEGAL AND HUMAN PRESUMPTIONS: That from the knowledge of the judge and
IN PROCESS:

I) Let this memorial be added to their background.

II) That the address and authorization with which it acted be noted.

III) Let it be noted the designated place for receiving notifications.

IV) That the PRIOR EXCEPTION OF is admitted for processing

INCOMPETENCE raised.

V) That the means of proof be considered offered.

VI) That the respective procedure be given to the PRIOR EXCEPTION OF

INCOMPETENCE raised through the INCIDENTS.

VII) That the plaintiff be given a hearing for two days.

FROM THE BACK:

VIII) That following the corresponding procedure, the resolution is issued that in

the right corresponds, a) declaring the PRIOR EXCEPTION admissible

INCOMPETENCE and consequently the judge abstains from knowing the

Present the matter and forward the actions to the corresponding judge, which is the JUDGE.

FIRST OF FIRST INSTANCE OF THE CIVIL BRANCH OF THE MUNICIPALITY OF

SANTA LUCIA COTZUMALGUAPA, ESCUINTLA DEPARTMENT. b) It

condemn the acting party to legal costs.

FROM LAW CITATION: The cited articles and the following: 66, 67, 69, 70, of
Civil and Commercial Procedural Code and Articles 135, 138, 139, 140, 141, 142, and 143 of the Law

of the Judicial Body.

I accompany a duplicate and a copy of this memorial.

IN THEIR AID AND PROCURATION:
 ORDINARY DAMAGES

No. 63-2012 Of. 3rd. Not. 2nd.

PEACE COURT, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, FOURTEENTH OF MAY TWO THOUSAND

TWELVE.

I) Se agrega a sus antecedentes el memorial que antecede. II) Se toma nota de la

address and procurement under which it acts. III) Note is taken of the indicated place

to receive notifications IV) The PRIOR EXCEPTION is accepted for processing

OF INCOMPETENCE. V) The means of evidence are considered offered. VI) Of

the exception raised by the defendant, a hearing is scheduled for the party

actor for TWO DAYS to express their opinion on this matter. VII) The rest present

for your procedural opportunity. VIII) Notify------------------------------------------------

Artículos: 1, 44, 50, 51, 64, 65, 66, 67, 71, 79, 106, 107, 111, 112, 113, 114, 115,

116, 120, 121, 128, of Decree Law 107 Civil and Commercial Procedural Code, 135,

136, 137, 138, 139, 140, 141, 142, 143 of the Law of the Judicial Organization.

LICDA. MERCEDES GUADALUPE CORADO GOMEZ

JUDGE

Rosa Guadalupe Lara Jerónimo

SECRETARY
ORDINARY DAMAGES AND INJURIES

No. 63-2012 Of. 3rd. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla,

the FIFTEENTH day of May two thousand twelve, at TEN thirty hours

minutes, I proceed to notify at; SIXTH STREET FOUR HYPHEN SEVENTEEN

FROM ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated FOURTEEN OF

MAY OF TWO THOUSAND TWELVE, issued by the PEACE COURT OF THE MUNICIPALITY

FROM SANTA LUCIA COTZUMALGUAPA, ESCUINTLA DEPARTMENT, to

SERGIO ARMANDO ORTEGA CRUZ, by means of a document that together with

the legal copies in the possession of LICDA. KIARA AMARILLIS BARÁN GARCÍA,

Who was informed and for the record, YES, signed. I attest.

Notifier
ORDINARY DAMAGES AND LOSSES

No. 63-2012 Of. 3rd. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

fifteenth day of May two thousand twelve, at fourteen hours with ten

minutes, I proceed to notify at THIRD STREET AND SECOND AVENUE, LOT

ONE HUNDRED FIFTY-NINE A OF COLONIA LAS DELICIAS, OF

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

ESCUINTLA, the resolutions dated MAY FOURTEEN OF TWO THOUSAND

TWELVE, issued by the PEACE COURT OF THE MUNICIPALITY OF SANTA LUCIA

COTZUMALGUAPA, ESCUINTLA DEPARTMENT, ARTHUR ISMAEL

PEREZ GONZALEZ, by means of a certificate that, together with the legal copies

in the power of LICDA. KIARA AMARILLIS BARÁN GARCÍA, who remained

informed and for the record YES he/she signed. I attest.

Notifier
FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH, OF

MUNICIPALITY OF SANTA LUCÍA COTZUMALGUAPA, DEPARTMENT OF

ESCUINTLA.

Sergio Roberto Cifuentes Figueroa, twenty-eight years old, married,

Guatemalan, Agricultural Engineer, from this address, I appear before you and

I STATE:

I) Who acted under the advice and procurement of Lawyer KIARA AMARILLIS

BARAN GARCIA, and I designate the office as the place to receive notifications.

professional located at third street and second avenue, lot one hundred and fifty

nine A of Colonia Las Delicias, of this municipality.

II) I appear before you to raise a PRIOR EXCEPTION OF DEMAND

DEFECTIVE, pertaining to the ordinary lawsuit for DAMAGES AND INJURIES

that has been promoted against me by Mrs. Erika Margo García Velasquez,

in accordance with the following:

FACTS:

On June 2, 2012, I was notified of the Damage claim.

and damages that are being pursued in this jurisdictional body against me, raised

by Mrs. Erika Margó García Velásquez.

Mrs. García Velasquez, in the lawsuit filed on the twenty-fourth of

May of two thousand twelve, expresses: a) By means of this memorial I initiate proceedings

ordinary damages and losses that were caused to me and I file this lawsuit in

against Mr. Sergio Roberto Cifuentes Figueroa, who is notified in the first

street and eleven avenue, of this city, the plaintiff does not establish what regulates the
indicates if it is my residence, nor indicates if it ignores it, as expressly ordered by the

law.

III) Due to the above, before answering, I submit the aforementioned lawsuit.

prior exception of DEFECTIVE DEMAND, in order for it to be declared with

place this request.

FUNDAMENTAL OF LAW:

The Civil and Commercial Procedural Code in its Article 27 establishes: (Foundations

The courts will reject any request that does not fulfill the requirements in a reasoned manner.

the requirements that the law establishes. Likewise, Article 61 of the same body

Legal stipulates: (Initial writing). The first request that is submitted to the

courts of justice will contain the following: 1. …; 2. …; 3. …; 4. …; 5. ...

Names, surnames, and residence of the people from whom a claim is made.
law; if the residence is ignored, it will be noted: 6th...; 7th... and 8th...

Also in its article 116 of the Civil and Commercial Procedural Code states: 'The
The defendant can raise the following preliminary exceptions: 1st... 2nd... 3.

"Defective demand..." Article 135 of the Law of the Judicial Organism

Establishes: 'Incidents. Any ancillary matter that arises and is promoted

on the occasion of a process and that is not provided for by law procedure,
it should be processed as an incident...

MEANS OF PROOF

i) DOCUMENTS:

Claim that must be ratified by the plaintiff, in person

II) LEGAL AND HUMAN PRESUMPTIONS:

IN PROCESS:

I) That the present memorial be added to your records.

II) That the address and representation with which he acted is noted.

III) Take note of the designated place for receiving notifications.

IV) That the PRIOR EXCEPTION OF DEMAND be admitted for processing

Defective submitted.

V) That the means of evidence be considered offered.

VI) That the respective process be given to the PRIOR EXCEPTION OF DEMAND

DEFECTIVE raised through the INCIDENTS.

VII) That the plaintiff be given a hearing for two days.

BACKGROUND:
VIII) That following the corresponding procedure, the resolution is issued that in

The right corresponds, a) declaring the PRELIMINARY EXCEPTION ADMISSIBLE

DEFECTIVE CLAIM and b) The party is ordered to pay procedural costs.

actress..

CITATION OF LAWS: The cited articles and the following: 66, 67, 69, 70, 116, 121,
122 of the Civil and Mercantile Procedure Code and 135, 138, 139, 140, 141, 142, and 143 of

the Law of the Judicial Organism.

I accompany a duplicate and a copy of this memorandum.

Santa Lucía Cotzumalguapa, June 14, 2012.

f)
 ORDINARY DAMAGES AND LOSSES

No. 19-2012 Of. 2nd. Not. 2nd.

FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH OF

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

Escuintla, June Fourteenth, Two Thousand Twelve.

I) The memorial that precedes is added to your records. II) Note is taken of the

address and procurement under which it acts. III) The indicated place is noted

to receive notifications IV) The PRIOR EXCEPTION is accepted for processing

ON DEFECTIVE DEMAND. V) The means of proof are considered to be offered.

VI) From the exception raised by the defendant, a hearing is set for the

the acting party for TWO DAYS to respond accordingly. VII) The rest

present for your procedural opportunity. VIII) Notify----------------------------------

Artículos: 1, 27, 44, 50, 51, 64, 65, 66, 67, 71, 79, 106, 107, 111, 112, 113, 114,

115, 116, 120, 121, 122, 123, 128, of Decree Law 107 Civil Procedural Code and

Commercial, 135, 136, 137, 138, 139, 140, 141, 142, 143 of the Law of the Organism

Judicial.

LICDA. MERCEDES GUADALUPE CORADO GOMEZ

JUDGE

ROSA GUADALUPE LARA JERÓNIMO

SECRETARY
ORDINARY DAMAGES AND LOSSES

No. 19-2012 Of. 2nd. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

Fifteenth day of June two thousand twelve, at ten thirty hours.

Minutes, I proceed to notify at; SIXTH STREET FOUR HYPHEN SEVENTEEN

FROM ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated FOURTEEN OF

JUNE OF TWO THOUSAND TWELVE, issued by the PEACE COURT OF THE MUNICIPALITY

FROM SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF ESCUINTLA, to

SERGIO ROBERTO CIFUENTES FIGUEROA, by means of an identity card that

together with the legal copies in the possession of LICDA. KIARA AMARILLIS

BARÁN GARCÍA, who has been informed and for the record DID sign. I attest.

Notifier
No. 19-2012 Of. 3rd. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla,

FIFTEEN day of JUNE of two thousand twelve, being at FOURTEEN hours with TEN.

minutes, I proceed to notify on THIRD STREET AND SECOND AVENUE, LOT

One hundred fifty-nine A of Colonia Las Delicias, of

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

ESCUINTLA, the resolutions dated JUNE FOURTEENTH OF TWO THOUSAND

TWELVE, issued by the PEACE COURT OF THE MUNICIPALITY OF SANTA LUCIA

COTZUMALGUAPA, ESCUINTLA DEPARTMENT, to ERIKA MARGO

GARCIA VELASQUEZ, by means of a certificate together with the copies of

law in the possession of ERIKA MARGO GARCIA VELASQUEZ, who has been informed

(a) and for the record, yes, he/she signed. I certify.

Notifier
FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH,

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

ESCUINTLA.

Sergio Roberto Cifuentes Figueroa, twenty-eight years old, married,

Guatemalan, Agricultural Engineer, from this address, I appear before you and

I STATE:

I) Who acted under the advice and procurement of Lawyer KIARA AMARILLIS

BARAN GARCIA, who has his professional office located on the third street and

second avenue, lot one hundred fifty-nine A of Colonia Las Delicias,

this municipality.

II) I appear before you to raise an EXCEPTION OF LACK OF PRIORITY.

COMPLIANCE WITH THE DEADLINE TO WHICH THE OBLIGATION IS SUBJECT

THAT IT BE ENFORCED, regarding the ordinary lawsuit for NULLITY OF

LEGAL BUSINESS that has been initiated against me by Mrs. Karyn

Gyssell García Velasquez, in accordance with the following:

FACTS:

On June fifth of the year two thousand twelve, before the First Court of First Instance

Civil Branch instance of the municipality of Santa Lucía Cotzumalguapa, the lady

Karyn Gyssell García Velásquez initiated a lawsuit for ORDINARY TRIAL OF

NULLITY OF THE LEGAL TRANSACTION filed against me, identified with the

number twenty-seven dash two thousand twelve, by the first officer and notifier

first.

II) The claimant in her pleadings requests the Nullity of the Transaction
the said instrument was established on the fourteenth of June two thousand twelve, for the

execution of the legal transaction stipulated in the third clause of the aforementioned

instrument, however, I am surprised by the attitude of the claimant to promote

the demand for ORDINARY TRIAL FOR NULLITY OF THE LEGAL BUSINESS,

previously related because in that legal transaction the term set has not concluded

for the execution or extinguishment of the act, therefore the defendant cannot demand

III) Therefore, I request that it be accepted for processing and declared with cause.

prior exception OF FAILURE TO COMPLY WITH DEADLINE TO WHICH

I WAS SUBJECT TO THE OBLIGATION TO BE ENFORCED.

FOUNDATION OF LAW:

In accordance with article 1729 of the Civil Code, it establishes: “The term

just set the day or date of the execution or extinction of the act or business
legal. Likewise, article 1280 of the same legal body establishes: "Cannot

demand compliance with the service before the expiration of the deadline...
The Civil and Commercial Procedural Code in its Article 27 establishes: (Foundations

The courts will reasonably reject any request that does not meet

the requirements that the law establishes. Likewise, article 120 of our law
civil adjective, establishes: "Within six days of being summoned, the defendant may

enforce the prior exceptions…” Article 135 of the Law of the Organism

Judicial establishes: 'Incidents. Any accessory issue that arises and is'

promote on the occasion of a process and that is not indicated by law

procedure, it must be processed as an incident...

MEANS OF PROOF

I) DOCUMENTS:
b) Testimony of the public deed signed on June fifteenth of two thousand eleven,

before the offices of the notary ROSA GUADALUPE LARA JERONIMO.

II) LEGAL AND HUMAN PRESUMPTIONS:

That derive from the knowledge of the judge and the facts.

PETITION

IN PROCESS:

I) That the present memorial be added to its records.

II) That the address and representation with which it acted be noted.

III) Take note of the designated place for receiving notifications.

IV) That the PRIOR EXCEPTION OF LACK OF is accepted for processing

COMPLIANCE WITH THE DEADLINE TO WHICH THE OBLIGATION IS SUBJECT

THAT IT BE ENFORCED proposed.

V) Let the means of evidence be deemed offered.

VI) That the respective procedure be given to the PRIOR EXCEPTION OF LACK OF

COMPLIANCE WITH THE DEADLINE TO WHICH THE OBLIGATION WAS SUBJECT

LET IT BE ENFORCED raised by means of INCIDENTS.

VII) That the plaintiff be granted a hearing for two days.

VIII) That due to being a matter of fact, the present case be opened for evidence.

incident due to the legal deadline.

FROM THE BACKGROUND:

IX) That following the corresponding procedure, the resolution that is legally appropriate be issued.
THAT IT BE ESTABLISHED and b) The plaintiff be ordered to pay the legal costs.

CITATION OF LAWS: The cited articles and the following: 66, 67, 69, 70, 106, 107,
108, 116, 121, 122 of the Civil and Commercial Procedural Code and 135, 138, 139, 140,

141, 142, and 143 of the Judicial Organization Law.

I accompany a duplicate and a copy of the present memorial.

Santa Lucía Cotzumalguapa, June 8, 2012.

f)

IN HIS ASSISTANCE AND PROCUREMENT:

 ORDINARY NULLITY OF THE LEGAL BUSINESS

No. 27-2012 Of. 2nd. Not. 2nd.

FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH OF

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

Escuintla, June Fourteenth, Two Thousand Twelve.

I) The memorial that precedes is added to your records. II) A note is taken of the
address and procurement under which it acts. III) It is REJECTED for processing the
PRELIMINARY EXCEPTION FOR FAILURE TO COMPLY WITH THE DEADLINE TO WHICH

I WAS SUBJECT TO THE OBLIGATION TO ENFORCE IT, by virtue of,

the defendant is not consistent with their request, as they ask in the

numeral "III) That the designated place for receiving notifications be noted" and

It does not indicate which place should be notified. IV) Notify------------------

Artículos: 1, 27, 44, 50, 51, 64, 65, 66, 67, 71, 79, 106, 107, 111, 112, 113, 114,

115, 116, 120, 121, 122, 123, 128, of Decree Law 107 Civil Procedure Code and

Commercial, 135, 136, 137, 138, 139, 140, 141, 142, 143 of the Law of the Organization

Judicial.

LICDA. MERCEDES GUADALUPE CORADO GOMEZ

JUDGE

ROSA GUADALUPE LARA JERÓNIMO

SECRETARY
ORDINARY NULLITY OF THE LEGAL BUSINESS

No. 27-2012 Of. 2nd. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

fifteenth day of June two thousand twelve, at ten thirty

minutes, I proceed to notify at; SIXTH STREET FOUR DASH SEVENTEEN

FROM ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated FOURTEEN OF

JUNE OF TWO THOUSAND TWELVE, issued by the FIRST COURT OF FIRST INSTANCE

CIVIL BRANCH INSTANCE OF THE MUNICIPALITY OF SANTA LUCIA

COTZUMALGUAPA, ESCUINTLA DEPARTMENT, to SERGIO ROBERTO

CIFUENTES FIGUEROA, by means of a document that, together with the copies of

law in the possession of LICDA. KIARA AMARILLIS BARÁN GARCÍA, who remained

informed and for the record, YES signed. I attest.

NOTIFIER
No. 27-2012 Of. 3rd. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

FIFTEENTH day of JUNE of two thousand twelve, at FOURTEEN hours with TEN

minutes, I proceed to notify at THIRD STREET AND SECOND AVENUE, LOT

ONE HUNDRED FIFTY-NINE A OF COLONY LAS DELICIAS, OF

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

ESCUINTLA, the resolutions dated JUNE FOURTEENTH OF TWO THOUSAND

TWELVE, issued by the FIRST COURT OF FIRST INSTANCE OF

CIVIL BRANCH OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, to KARYN GYSSELL GARCIA

VELASQUEZ, by means of a writ that together with the legal copies in his

power of KARYN GYSSELL GARCÍA VELASQUEZ, who was informed and

For the record, SI signed. I attest.

Notifier
ORDINARY PATERNITY AND FILIATION No. 96-2012 Of. 3. Not. 2nd.
CARLOS MANUEL PEREZ VALDEZ, thirty years old, single, Bachelor,

Guatemalan, from this address, I respectfully appear before you and

I EXPOSE

I) I act under the direction and assistance of Lawyer KIARA AMARILLIS BARÀN

GARCÌA; indicated the office as the place to receive notifications and citations.

professional located at Sixth street four dash seventeen of zone one,

municipality of Santa Lucia Cotzumalguapa

II) I respectfully appear before you to submit myself in the process.

initiated against me by Mrs. KARLA CECILIA ORTEGA CRUZ, based on

the following:

STATEMENT OF FACTS

I was notified of the resolution dated May twenty-ninth, two thousand twelve,

in which I am notified of the ORDINARY PATERNITY LAWSUIT AND

PATERNITY, raised against me by Mrs. KARLA CECILIA ORTEGA

CRUZ, on behalf of the child CARLOS ABISAI ORTEGA CRUZ.

II) By virtue of what has been stated by the plaintiff, I express before the honorable

court that it is not necessary to consider the content of the claim

admitted against me, by virtue of the fact that I fully accept the claim

posed against me.

III) In such virtue, I request that my demand be considered as ALLANDED.

raised against me, for which I request the judge to issue the resolution that
 FUNDAMENTAL OF LAW:

Article 115 of the civil and commercial procedural code states: "if the defendant

If the demand is admitted, the judge, pending ratification, will rule without further proceedings.

MEANS OF PROOF

I) DOCUMENTARY:

A) Notification of the resolution dated May twenty-nine, two thousand twelve, the

which work in the cars.

b) Demand filed by Mrs. KARLA CECILIA ORTEGA CRUZ, dated

May twelfth, two thousand twelve, which is on record.

II. LEGAL AND HUMAN PRESUMPTIONS:

That derive from the knowledge of the judge and the facts.

REQUEST

I) That the present memorial be added to your records.

II) That the address and the power of attorney under which it acted and the place be noted

marked to receive notifications

III) That the present memorial of CONCESSION be admitted for processing.

IV) Let it be noted that what has been expressed and let me be considered as having acquiesced.

lawsuit filed against me by Mrs. KARLA CECILIA ORTEGA

CROSS.
BACKGROUND:

VI) That in its procedural opportunity without further processing, the sentence

corresponding.

Cited articles and 1, 25, 26, 27, 28, 29, 31, 44, 50, 51, 61, 63

64, 66, 67, 70, 71, 75, 78, 79, 87, 88, 96, 106, 107, 108, 109, 110, 111, 112, 113

114, 115, 198 of the Civil and Commercial Procedural Code; 57, 58, 59, 135, 136, 137,

138, 139, 140, 141, 142, 143 of the Judicial Organization Law; 1, 2, 3, 4, 6, 8, 9,

Articles 10, 11, 12, 13, 14, 15, 16, 17 of the Comprehensive Child Protection Law and the

Adolescence.

I enclose a duplicate and a copy of this memorial.

June 2, 2012

IN YOUR AID AND PROCURATION:

FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH,
MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF
ESCUINTLA, JUNE SECOND, TWO THOUSAND TWELVE.

I) The present letter is added to your records. II) It is noted that the

address and procuration under which it acts and the place designated for receiving

notifications. III) The present memorial is accepted for processing

ENTRY. IV) The rest is present for its procedural opportunity. V)

Notify.

Artículos: 1, 7, 17, 25, 26, 44, 45, 50, 51, 61, 64, 65, 66, 67, 71, 79, 96, 106, 107,

111, 112, 113, 115, 198 of the Civil and Commercial Procedural Code, 141, 142 and 143 of

the Law of the Judicial Body.

LICDA. MERCEDES GUADALUPE CORADO GOMEZ

JUDGE

ROSA GUADALUPE LARA JERÓNIMO

SECRETARIAT
In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

day FOURTH OF JUNE two thousand twelve, at TEN thirty

minutes, I proceed to notify at; SIXTH STREET FOUR DASH SEVENTEEN

FROM ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated JUNE TWO

OF TWO THOUSAND TWELVE, issued by the FIRST COURT OF FIRST INSTANCE

INSTANCE OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, to KARLA CECILIA ORTEGA CRUZ, for

means of identity card together with the legal copies in the possession of LICDA.

KIARA AMARILLIS BARÁN GARCÍA, who was informed and for the record

He signed. I bear witness.

NOTIFIER
ORDINARY PATERNITY AND FILIATION
In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

June FOURTH of two thousand twelve, at FOURTEEN hours with TEN

minutes, I proceed to notify at FIRST AVENUE AND SIXTH STREET TWO

SCRIPT TEN OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated JUNE TWO

OF TWO THOUSAND TWELVE, issued by the FIRST COURT OF FIRST INSTANCE

INSTANCE OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, to CARLOS MANUEL PEREZ VALDEZ, for

certificate medium that along with the legal copies in your possession of

SEBASTIAN PEREZ PAZ, who was informed and for the record DID sign.

I give faith.
ORDINARY OF MARRIAGE ANNULLABILITY No. 53-2012 Of. 4th. Not. 2nd.
FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH OF

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

ESCUINTLA.

LIZA RODRIGUEZ (UNIQUE FIRST NAME AND UNIQUE LAST NAME), twenty-nine

years old, married, Guatemalan, trader, of this address, acted under

the address and power of attorney of the lawyer KIARA AMARILLIS BARÁN GARCÍA,

I designate the professional office located at as the place to receive notifications.

third street lot two hundred three of the second avenue, zone one of the municipality

from Santa Lucía Cotzumalguapa, I appear before you to ANSWER THE

NEGATIVE DEMAND based on the following:

FACTS

It is the case, Mr. Judge, that I was notified on May eleventh, two thousand twelve, of the

resolution dated May tenth, two thousand twelve, by which I am

I place a deadline of nine common days regarding the following:

FROM THE RESPONSE IN A NEGATIVE SENSE: As I state, sir

Judge Mr. JUAN MANUEL TAHUITE (ONLY LAST NAME), who is currently

he is my husband, we met six years ago, he was perfectly aware of the state in

that I was found because it was obvious, because he knew about the accident of

the passing of my lord father in the year nineteen ninety-seven, and that is if

I stated it, however, he accepted to marry me even though I did not.

said nothing about post-traumatic stress, he didn't ask anything, now what

come to manifest that he knew nothing and that he fell into depression, these are lies,
personal reasons and not because he fell into depression, my husband currently has

a new relationship with a young lady of Swiss nationality, and now she says that

wants to make the civil marriage we entered into null and void is an illegality due to

as I manifest it, he knew perfectly well, including his family, his friends and

neighbors, in any case if what he wants is to be free to enter into a new relationship.

marriage, then let it be conducted through the indicated means, which in any case would be a

DIVORCE, to terminate the bond that connects us, however, my husband wants

that the judicial body declares the marriage null and void by virtue of

we got married under the regime of community property, and he

he stated that he was not going to leave me anything from what we have done in these months

of marriage.

II) For the above reason, I request that the ordinary lawsuit be declared without merit.

annulment of marriage. For the above reason, it is unnecessary and has no purpose that

the process of this case will continue, and it may be processed as a DIVORCE.

FOUNDATION OF LAW:

The Guatemalan Civil and Commercial Procedural Code stipulates in its article 118

response to the lawsuit: The response to the lawsuit must

fulfill the same requirements of the complaint. If it should be accompanied

documents will be subject to the provisions of articles 107 and 108. When responding to the

In the lawsuit, the defendant must raise any peremptory exceptions he may have.

against the claim of the plaintiff. Those born after the response of the

demands can be proposed at any instance and will be resolved in

DOCUMENTARIES:

A) Certification of Marriage Certificate number eight hundred ninety-one

(891), Folio four hundred twenty-one (421) of Book fourteen (14) of Marriages,

extended by the Civil Registrar of the National Registry of Persons of Santa

Lucía Cotzumalguapa, dated May twelfth, two thousand twelve.

b) Notification card of May eleventh, two thousand twelve, along with resolution,

what works within the ORDINARY FILE OF ANNULABILITY OF

MARRIAGE, No. 53-2012 Of. 4th. Not. 2nd.

c) Clinical study of post-traumatic stress conducted on myself.

STATEMENT OF PART

Mr. JUAN MANUEL TAHUITE (ONLY LAST NAME) who in a manner

personally and not through a representative, must declare on the points

cited in the present response to the complaint and according to the interrogatory

which will be submitted to the court at the appropriate procedural moment;

TESTIMONIALS: They must declare in their procedural opportunity.

a) CARMEN RODRIGUEZ, who is the mother of the plaintiff.

PRESUMPTIONS:

Legal and Human aspects that derive from the knowledge of the judge and the process.

REQUESTS:
respective.

II) That the address and authorization under which it acted and the place be noted

marked to receive notifications

III) That the RESPONSE IN A NEGATIVE SENSE be accepted for processing,

proposed.

IV) Let the means of proof be considered as offered.

V) That the evidence be opened at the appropriate procedural moment.

VI) That a day and time be set for the hearing at the appropriate moment in the proceedings.

BACKGROUND:

VII) That at the appropriate procedural time a judgment is issued declaring: a) Without merit the

ordinary lawsuit for annulment of marriage filed by Mr. JUAN

MANUEL TAHUITE (ONLY LAST NAME). b) As a consequence, he/she is sentenced to the

party ordered to pay the court costs.

CITATION OF LAWS: I base myself on the aforementioned articles and on the following: 1, 7,

17, 25, 26, 44, 45, 50, 51, 61, 64, 65, 66, 67, 71, 79, 96, 106, 107, 111, 112, 113,

116, 118, 123, 128, 129, 130, 131, 132, 133, 134, 135, 142, 146, 149, 164, 165,

Articles 177, 178, 186, 194, 195, 196, 197, 198 of Decree Law 107 Civil Procedural Code

Commercial, 1, 2, 3, 5, 12, 28, 203, 204, of the Political Constitution of the Republic

from Guatemala, 141, 142, 143 of the Judicial Organism Law.

We accompany a duplicate and a copy and attached documents.

f.

IN THEIR ASSISTANCE AND PROCUREMENT:

 Ordinary of Annulability of Marriage

No. 53-2012 Of. 4th. Not. 2nd.

FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH,

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF
Escuintla, May Seventeenth, Two Thousand Twelve.
address and representation under which the plaintiff acts and the place to receive

notifications. III) The RESPONSE IN THE SENSE is admitted for processing.

NEGATIVE. IV) The means of evidence are considered offered. V) The rest

Present for your procedural opportunity. VI) Notify.

Artículos: 1, 7, 17, 25, 26, 44, 45, 50, 51, 61, 64, 65, 66, 67, 71, 79, 96, 106, 107,

111, 112, 113, 118, 123, 128, 129, 196, 197, 198 of the Civil Procedural Code and

Commercial, 141, 142 and 143 of the Judicial Organization Law.

LICDA. MERCEDES GUADALUPE CORADO GOMEZ

JUDGE

ROSA GUADALUPE LARA JERÓNIMO

SECRETARY
Ordinary of Annulment of Marriage

No. 53-2012 Of. 4th. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

nineteenth day of May two thousand twelve, at ten thirty o'clock

ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated SEVENTEEN OF

MAY 2012, issued by the FIRST COURT OF FIRST INSTANCE

INSTANCE OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, to JUAN MANUEL TAHUITE, by means of

certificate along with the legal copies in the possession of LICDA. KIARA

AMARILLIS BARÁN GARCÍA, who was informed and for the record YES

signed. I bear witness.

Notifier
Ordinary of Annulment of Marriage

No. 53-2012 Of. 4th. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla,

nineteenth day of May two thousand twelve, at ten thirty

minutes, I proceed to notify at SIXTH STREET FOUR DASH SEVENTEEN OF

MAY OF TWO THOUSAND TWELVE, issued by the FIRST COURT OF FIRST INSTANCE

INSTANCE OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, to MARIEL CORADO (Unique name and unique

last name), by means of a certificate that together with the legal copies in their possession

of LICDA. KIARA AMARILLIS BARÁN GARCÍA, who was informed and for

Certificate SI signed. I attest.

Notifier
 ORDINARY DIVORCE No. 74-2012 Of. 4th. Not. 2nd.

FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH OF

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

ESCUINTLA.

GERBER ENRIQUE BARRERA DAVILA, thirty years old, married,

Guatemalan, merchant, from this address, acted under the direction and
lot two hundred three of the second avenue, zone one of the municipality of Santa

Lucía Cotzumalguapa, I appear before you to ANSWER THE LAWSUIT

IN A NEGATIVE SENSE based on the following:

FACTS

It is the case, Your Honor, that I was notified on May eleventh, two thousand twelve, of the

resolution dated May tenth, two thousand twelve, through which I am

place for the term of nine common days regarding which I indicate the following:

FROM THE CONTESTATION IN A NEGATIVE SENSE: As I express it

Mrs. SANDY CELESTE GARCIA HERNANDEZ, on April fourth, two thousand

four, I married the actress, a relationship in which we lived together

married for six years, without having procreated children nor having

acquired no real estate during that time, however I did not leave the

house for no reason, on the contrary, she had bad treatment towards me
work, ongoing quarrels and disputes towards my person, a situation that is not very

normal, however I tolerated everything because I loved her very much, however my
absence from the marital home was neither voluntary nor without cause, but due to the reason

previously indicated and she did it because she likes to go out with her friends at night, and if

Well, it's true, she is my wife and I gave her permission to go out, but she
Many times I wanted to go out daily, and he didn't even spend time with me anymore, so I

he insulted so that I wouldn't say anything to him anymore.

II) Therefore, I request that the ordinary divorce lawsuit be declared without merit.

instigated against me.

LEGAL FOUNDATION:
The Guatemalan Civil and Mercantile Procedural Code stipulates in its article 118

Answer to the lawsuit: The answer to the lawsuit must

meet the same requirements as the written complaint. If it must be accompanied

documents the provisions of articles 107 and 108 shall apply. When responding to the

In the lawsuit, the defendant must raise any peremptory exceptions they have.

against the claim of the plaintiff. Those born after the response of the

claims can be proposed at any instance and will be resolved in

sentence.

MEANS OF PROOF

DOCUMENTARIES:

A) Certification of marriage certificate number eight hundred ninety-one

(891), Folio four hundred twenty-one (421) of Book fourteen (14) of Marriages,

extended by the Civil Registrar of the National Register of People of Santa

Lucía Cotzumalguapa, dated May twelfth, two thousand twelve.

b) Notification letter dated May eleventh, two thousand twelve, along with resolution,

what work within the ORDINARY FILE OF ANNULABILITY OF

MARRIAGE, No. 53-2012 4th. Not. 2nd.

STATEMENT OF PART

From Mrs. SANDY CELESTE HERNANDEZ GARCIA who in person

and not through a proxy, must declare on the points raised in the

present answer to the lawsuit and in accordance with the interrogation that is enclosed
a) EMILIO MENDEZ ORTIZ, whom I will propose at the appropriate procedural time.

ASSUMPTIONS:

Legal and Human matters that arise from the knowledge of the judge and the process.

REQUESTS:

IN PROCESS:

I) That this memorial and attached documents be added to the file

respective.

II) That the address and representation under which it acted and the place be noted.

marked to receive notifications

III) That the RESPONSE IN NEGATIVE SENSE be admitted for processing,

posed.

IV) Let the means of proof be considered as offered.

V) That it be opened for evidence at the appropriate procedural moment.

VI) That a day and time be set for the hearing at the appropriate procedural moment.

BACKGROUND:

VII) That a judgment be issued at the appropriate procedural time declaring: a) Unfounded the

ordinary divorce petition filed by Mrs. SANDY CELESTE

HERNANDEZ GARCIA. b) As a consequence, the party is condemned

demanded the payment of legal costs.

116, 118, 123, 128, 129, 130, 131, 132, 133, 134, 135, 142, 146, 149, 164, 165,

177, 178, 186, 194, 195, 196, 197, 198 of Decree Law 107 Civil Procedural Code

and Commercial, 1, 2, 3, 5, 12, 28, 203, 204, of the Political Constitution of the Republic

from Guatemala, 141, 142, 143 of the Law of the Judicial Organism.

We accompany a duplicate and a copy and attached documents.

Santa Lucia Cotzumalguapa, Escuintla. May 17, 2012

f.

EN YOUR ASSISTANCE AND PROCURATION:

Ordinary Divorce

No. 74-2012 Of. 4th. Not. 2nd.

FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH,

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF
ESCUINTLA, SEVENTEENTH OF MAY TWO THOUSAND TWELVE.

I)Se agrega a sus antecedentes el memorial presentado. II) Se toma nota de la

address and representation under which the plaintiff acts and the place to receive

notifications. III) The present RESPONSE is REJECTED for processing.

IN A NEGATIVE SENSE because its relationship is not clear and precise

facts, nor consistent with what was requested. IV) The means are considered offered.
Artículos: 1, 7, 17, 25, 26, 44, 45, 50, 51, 61, 64, 65, 66, 67, 71, 79, 96, 106, 107,

111, 112, 113, 118, 123, 128, 129, 196, 197, 198 of the Civil Procedural Code and

Commercial, 141, 142 and 143 of the Law of the Judicial Organism.

LICDA. MERCEDES GUADALUPE CORADO GOMEZ

JUDGE

ROSA GUADALUPE LARA JERÓNIMO

SECRETARY
Ordinary Divorce

No. 74-2012 Of. 4th. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

nineteenth day of May two thousand twelve, at ten thirty hours

minutes, I proceed to notify at SIXTH STREET FOUR DASH SEVENTEEN OF

ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated SEVENTEEN OF

MAY 2012, issued by the FIRST COURT OF FIRST INSTANCE

INSTANCE OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA

KIARA AMARILLIS BARÁN GARCÍA, who is informed and for record

He signed. I bear witness.

NOTIFIER
Ordinary nullity of marriage

No. 74-2012 Of. 4th. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

nineteenth day of May two thousand twelve, at ten hours and thirty minutes

minutes, I proceed to notify at SIXTH STREET FOUR DASH SEVENTEEN OF

ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated SEVENTEEN OF

MAY 2012, issued by the FIRST COURT OF FIRST INSTANCE

INSTANCE OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, to SANDY CELESTE GARCIA

power of LICDA. KIARA AMARILLIS BARÁN GARCÍA, who is informed

and for the record, YES he/she signed. I attest.

Notifier
 ORDINARY ANNULMENT OF MARRIAGE

No. 53-2012 Of. 4th. Not. 2nd.

FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH OF

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

ESCUINTLA.

MARIEL CORADO, with personal identification data and accredited quality,

within the file identified above on behalf of Mr. JUAN

MANUEL TAHUITE, (ONLY LAST NAME) very respectfully before you

I present evidence, with the summoning of the opposing party based on

to the following:
It is the case, Madam Judge, that I was notified on the twenty-fifth of May, of the

resolution issued on the twenty-fourth of May by the First Court of First Instance

instance of the civil branch of this municipality, in which numeral IV) says as follows:

It is opened for a trial period of THIRTY DAYS, and once opened for trial

I appear to propose the means of evidence presented within the lawsuit.

initial, duly individualized, with citation of the opposing party.

I) Certification of Marriage Certificate number eight hundred ninety-one

(891), Folio four hundred twenty-one (421) of Book fourteen (14) of Marriages,

extended by the Civil Registrar of the National Registry of Persons of Santa

Lucía Cotzumalguapa, dated March thirtieth, two thousand twelve, which is recorded.

within the above-identified file.

II) First testimony of the public deed number fourteen which contains

GENERAL POWER OF ATTORNEY WITH REPRESENTATION, made before the offices

notarials of the Notary María Alejandra Dubón Rosales, on the fourteenth of April of

two thousand twelve, which is duly registered in the Registry of

Powers of the General Archive of Protocols, which is recorded within the file.

identified above.

III) Act of legalization of the personal identification document of Mr. Juan

Manuel Tahuite (only surname), authorized by Notary Kiara Amarillis Barán

García.

IV) Act of legalization of the personal identification document of Miss

Mariel Corado (single name and single surname) authorized by Notary Kiara
 FUNDAMENTALS OF LAW:

Our current civil adjective regulation establishes: 'The parties have the burden

to demonstrate their respective propositions of fact, whoever claims something must

prove the constitutive facts of your claim . . ." "The evidence will be received

with citation from the opposing party; and without this requirement, they will not be taken into

consideration. For the evidence proceedings, a day and time will be set when

they must be practiced and the opposing party will be summoned at least two days in advance

anticipation... Articles 126 and 129 of the Civil and Commercial Procedural Code.

REQUESTS

I. That this memorial be added to the file;

II. That with the citation of the opposing party, it be considered as evidence within the

present trial the documentation attached to my initial claim brief.

III. The corresponding opposing citation shall be made.

CITATION OF LAWS: I base myself on the cited articles and on the following: 10,

12, 25, 25, 29, 31, 34, 50, 51, 62, 63, 66, 67, 96, 106, 107, 123, 127, 130, 131,

132, 133, 134, 135, 142, 145, 146, 148, 149, 164, 167, 177, 178, 186, 194, 195,

234 of the Civil and Commercial Procedural Code, 28 of the Political Constitution of the

Republic of Guatemala.

I accompany a duplicate and a copy of this memorandum.

Santa Lucía Cotzumalguapa, May 26, 2012.

AT THE REQUEST OF THE PRESENTED, WHO AT THE MOMENT CANNOT SIGN AND
Lic. Kiara Amarillis Barán García

Lawyer and Notary

 ORDINARY OF MARRIAGE ANNULMENT

No. 53-2012 Of. 4th. Not. 2nd.

FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH OF

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

Escuintla, twenty-sixth of May two thousand twelve.

I. The memorial preceding is added to your records. II) With citation of

opposing party, it is taken as evidence by the presenter the documents

mentioned in the preceding memorial. III) Notify.

Artículos: 1, 27, 44, 50, 51, 64, 65, 66, 67, 71, 79, 106, 107, 123, 124, 125, 126,

127, 128, 129, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189,

190, of Decree Law 107 Civil and Commercial Procedural Code, 141, 142, 143 of the
 LICDA. MERCEDES GUADALUPE CORADO GOMEZ

JUDGE

ROSA GUADALUPE LARA JERÓNIMO

SECRETARY
 Ordinary of Annulability of Marriage

No. 53-2012 4th Office 2nd Notary.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

twenty-eighth of May two thousand twelve, at ten o'clock with

THIRTY minutes, I proceed to notify at; SIXTH STREET FOUR DASH

SEVENTEEN OF ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA

COTZUMALGUAPA, ESCUINTLA DEPARTMENT, the resolutions of

date TWENTY-SIXTH OF MAY TWO THOUSAND TWELVE, issued by the COURT

FIRST OF THE FIRST INSTANCE OF THE CIVIL BRANCH OF THE MUNICIPALITY OF

SANTA LUCIA COTZUMALGUAPA, ESCUINTLA DEPARTMENT,

MARIEL CORADO, by means of the document that together with the legal copies in
NOTIFIER
 Ordinary of annulability of marriage

No. 53-2012 Of. 4th. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

twenty-eighth of May, two thousand twelve, at fourteen hours with

TEN minutes, I proceed to notify on THIRD STREET AND SECOND AVENUE.

LOT ONE HUNDRED FIFTY-NINE A OF COLONIA LAS DELICIAS, OF

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

Escuintla, the resolutions dated twenty-sixth of May two thousand.

TWELVE, issued by the FIRST COURT OF FIRST INSTANCE OF

CIVIL BRANCH OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, to JUAN MANUEL TAHUITE, by means of

document that along with the legal copies in your possession of LICDA. KIARA

AMARILLIS BARAN GARCIA, who was informed and for record YES
NOTIFIER
 ORDINARY OF MARRIAGE ANNULMENT

No. 53-2012 Of. 4th. Not. 2nd.

FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH OF

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

ESCUINTLA.

MARIEL CORADO, of personal identification data and accredited quality,

within the above-identified file on behalf of Mr. JUAN

MANUEL TAHUITE (ONLY LAST NAME) very respectfully before you

I appear to SUBMIT EVIDENCE, with citation from the opposing party based on

to the following:

FACTS

It is the case, Madam Judge, that I was notified on the twenty-fifth of May, of the

resolution issued on the twenty-fourth of May by the First Court of First Instance

civil branch instance of this municipality, in which in numeral IV) it says the following:
I appear to propose the evidence offered within the lawsuit.

initially, duly individualized, with citation of the opposing party.

I) Mr. Judge, it is appropriate to set a date and time for the hearing.

of the statement from Ms. LIZA RODRIGUEZ (SOLE

NAME AND UNIQUE LAST NAME) unique last name, who in person and not by

by means of a representative, must declare on the points raised in the complaint

initial and in accordance with the interrogation that was attached to the court and remained

under the reservation of the secretary.

FUNDAMENTALS OF LAW:

Our current civil adjective system establishes: "The parties have the burden.

to demonstrate their respective factual propositions, whoever intends something must

test the constitutive facts of your claim . . ." " The evidence will be received

with the other party being cited; and without this requirement, they will not be taken into account

consideration. For the evidentiary proceedings, a day and time will be set when

they must be practiced and the opposing party will be summoned, at least two days in advance

anticipation... Articles 126 and 129 of the Civil and Commercial Procedural Code.

REQUESTS

I. That this memorial be added to the file;

II. That the day and time be set for the reception of the declaration from the party

what the defendant LIZA RODRIGUEZ must provide, personally and not by

through a representative, in accordance with the statement of positions contained in the bid

I accompany this memorial, under the warning that if I fail to

III. The corresponding counter citation shall be made.

IV. That the result of the proceeding with opposing citation be considered as evidence

in the process.

CITATION OF LAWS: I base myself on the cited articles and on the following: 10,

12, 25, 25, 29, 31, 34, 50, 51, 62, 63, 66, 67, 96, 106, 107, 123, 127, 130, 131,

132, 133, 134, 135, 142, 145, 146, 148, 149, 164, 167, 177, 178, 186, 194, 195,

234 of the Civil and Commercial Procedural Code, 28 of the Political Constitution of the

Republic of Guatemala.

I accompany a duplicate and a copy of this memorial.

May 26, 2012

AT THE REQUEST OF THE PRESENTED, WHO AT THE MOMENT CANNOT SIGN AND

IN YOUR ASSISTANCE.

Lic. Kiara Amarillis Barán García

Lawyer and Notary

 Ordinary Nullity of Marriage

No. 53-2012 Of. 4th. Not. 2nd.

COURT OF FIRST INSTANCE OF THE CIVIL BRANCH OF

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

Escuintla, twenty-sixth of May two thousand twelve.

I. The memorial that precedes is added to your records. II) With summons to the

Mrs. LIZA RODRIGUEZ, it is noted the THIRD OF JUNE OF TWO THOUSAND TWELVE,

At nine thirty, to appear in

form in a personal manner and not through a representative to clarify position that

were presented in submission by Mr. JUAN MANUEL TAHUITE, under

warning that if he fails to appear, unless for just cause, he will be declared

confessed at the request of a party. III) The result of this proceeding with summon

Let it be taken as evidence in the process. IV) Notify.

Artículos: 1, 27, 44, 50, 51, 64, 65, 66, 67, 71, 79, 106, 107, 123, 124, 125, 126,

127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, of Decree Law 107

Civil and Commercial Procedural Code, 141, 142, 143 of the Judicial Organism Law.
 JUDGE

ROSA GUADALUPE LARA JERÓNIMO

SECRETARY
 Ordinary of Marriage Nullity

No. 53-2012 Of. 4th. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

twenty-eighth day of May two thousand twelve, at ten o'clock with

THIRTY minutes, I proceed to notify at; SIXTH STREET FOUR HYPHEN

SEVENTEEN OF THE ONE ZONE, OF THE MUNICIPALITY OF SANTA LUCIA

COTZUMALGUAPA, ESCUINTLA DEPARTMENT, the resolutions of

date TWENTY-SIXTH OF MAY TWO THOUSAND TWELVE, issued by the COURT

FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH OF THE MUNICIPALITY OF

SANTA LUCIA COTZUMALGUAPA, ESCUINTLA DEPARTMENT,

MARIEL CORADO, by means of a document along with the legal copies in

her power of LICDA. KIARA AMARILLIS BARÁN GARCÍA, who was informed

and for the record, YES, he/she signed. I attest.

 ORDINARY OF ANNULMENT OF MARRIAGE

No. 53-2012 Of. 4th. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

twenty-eighth of May two thousand twelve, at fourteen hours with

TEN minutes, I proceed to notify at THIRD STREET AND SECOND AVENUE,

LOT ONE HUNDRED FIFTY-NINE A OF COLONY LAS DELICIAS, OF

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

ESCUINTLA, the resolutions dated TWENTY SIXTH OF MAY TWO THOUSAND

TWELVE, issued by the FIRST COURT OF FIRST INSTANCE OF

CIVIL BRANCH OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, to LIZA RODRIGUEZ, by means of a document

that together with the legal copies in her possession of LICDA. KIARA AMARILLIS

BARAN GARCIA, who was informed and for the record DID sign. I certify.
NOTIFIER
 ORDINARY OF MARRIAGE NULLITY

No. 53-2012 Of. 4th. Not. 2nd.

FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH OF

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

ESCUINTLA.

MARIEL CORADO, of personal identification data and accredited quality,

within the file identified above on behalf of Mr. JUAN

MANUEL TAHUITE, (ONLY LAST NAME) very respectfully before you

I appear to PROPOSE EVIDENCE, with citation from the opposing party based on

to the following:

FACTS

It is the case, Madam Judge, that I was notified on the twenty-fifth of May, of the

resolution issued on the twenty-fourth of May by the First Court of First Instance

instance of the civil branch of this municipality, in which paragraph IV) says as follows:

It is opened for a trial period of THIRTY DAYS, and once opened for trial

I appear to propose the means of evidence offered within the complaint.

initial, duly individualized, with citation of the opposing party.

I) Your Honor, it is appropriate to kindly set a date and time for the hearing of
testimonial from OTILIO GOMEZ VASQUEZ, fifty-nine years old,

single, Guatemalan, mechanic and from this address, who must respond to

next interrogation:

1. Say the witness CARMEN RODRIGUEZ, if it is true, that she has

awareness of Mrs. LIZA's illness or emotional state

RODRIGUEZ.

[Link] the witness CARMEN RODRIGUEZ, if it is true, that during the relationship

loving, you as the mother of the defendant inform Mr.

JUAN MANUEL TAHUITE, on the emotional state of Mrs. LIZA

RODRIGUEZ.

3. Tell witness CARMEN RODRIGUEZ, is it true that Mrs. LIZA

RODRIGUEZ was undergoing treatment for the emotional state in which he found himself

find.

4. Ask the witness CARMEN RODRIGUEZ, if it is true, that they informed her to the

Mr. JUAN MANUEL TAHUITE, regarding the treatment under which he was.

Mrs. LIZA RODRIGUEZ.

5. Say the witness CARMEN RODRIGUEZ, if it is true, that she was present

in the civil marriage of Mr. JUAN MANUEL TAHUITE AND LIZA

RODRIGUEZ.

6. Tell witness CARMEN RODRIGUEZ if it is true that during the

civil marriage Mrs. LIZA RODRIGUEZ was nervous during the

celebration of the same.

7. Tell the witness, CARMEN RODRIGUEZ, if it is true that Mr. JUAN

MANUEL TAHUITE fell into depression upon learning about the

emotional state of Mrs. LIZA RODRIGUEZ.

8. Witness, CARMEN RODRIGUEZ, state the reason for what was said earlier.

9. Say the witness OTILIO GOMEZ VASQUEZ, if it is true, that he has

knowledge of the illness or emotional state of Mrs. LIZA

RODRIGUEZ.

10. Tell the witness OTILIO GOMEZ VASQUEZ if it is true that during the

romantic relationship, you as the cohabitant of the mother of the

the plaintiff informs Mr. JUAN MANUEL TAHUITE, of the

emotional state of Mrs. LIZA RODRIGUEZ.

[Link] the witness OTILIO GOMEZ VASQUEZ, is it true that Mrs. LIZA

RODRIGUEZ was under treatment for the emotional state in which he was.

find.

12. Say the witness OTILIO GOMEZ VASQUEZ, if it is true, that he

they informed Mr. JUAN MANUEL TAHUITE about the treatment under

the one who was Mrs. LIZA RODRIGUEZ.

13. Say the witness OTILIO GOMEZ VASQUEZ, if it is true, that he was

present at the civil marriage of Mr. JUAN MANUEL TAHUITE AND

LIZA RODRIGUEZ.

14. Tell the witness OTILIO GOMEZ VASQUEZ, if it is true, that during the

civil marriage Mrs. LIZA RODRIGUEZ was nervous during the

 15. Tell the witness, OTILIO GOMEZ VASQUEZ, if it is true that Mr.

JUAN MANUEL TAHUITE fell into depression upon finding out

about the emotional state of Mrs. LIZA RODRIGUEZ.

[Link] the witness, OTILIO GOMEZ VASQUEZ, the reason for what was previously stated.

FUNDAMENTALS OF LAW:

Our current civil adjective ordering states: "The parties have the burden

to demonstrate their respective propositions of fact, whoever seeks something must

prove the constitutive facts of your claim . . ." "The evidence will be received

with citation from the opposing party; and without this requirement, they will not be considered

consideration. For the evidence proceedings, a day and time will be set when

they must be practiced and the opposing party will be summoned, at least two days in advance

anticipation... Articles 126 and 129 of the Civil and Commercial Procedural Code.

REQUESTS

I. That this memorial be added to the file;

II. To set a date and time for the practice of WITNESS TESTIMONY

from the gentlemen CARMEN RODRIGUEZ AND OTILIO GOMEZ VASQUEZ.

III. The appropriate counter summons shall be carried out.

IV. Let the points to be addressed by the evidence be designated.

testimonial.

V. That the result of the diligence with opposing citation be taken as evidence.

in the process.
132, 133, 134, 135, 142, 145, 146, 148, 149, 164, 167, 177, 178, 186, 194, 195,

234 of the Civil and Mercantile Procedural Code, 28 of the Political Constitution of the

Republic of Guatemala.

I accompany a duplicate and a copy of this memorial.

Santa Lucía Cotzumalguapa, May 26, 2012.

AT THE REQUEST OF THE PRESENTED, WHO AT THE MOMENT CANNOT SIGN AND

IN YOUR ASSISTANCE.

Lic. Kiara Amarillis Barán García

Lawyer and Notary

 Ordinary annulment of marriage

No. 53-2012 Of. 4th. Not. 2nd.

FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH OF

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

ESCUINTLA, TWENTY-SIXTH OF MAY OF TWO THOUSAND TWELVE.

I. The memorial that precedes is added to its history. II) The rejection is made

memorial that precedes, by virtue that the applicant did not specify a place for

notify the witnesses. III) Notify.

Artículos: 1, 27, 44, 50, 51, 64, 65, 66, 67, 71, 79, 106, 107, 123, 124, 125, 126,

127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, of Decree Law 107

Civil and Commercial Procedural Code, Articles 141, 142, 143 of the Judicial Organism Law.

LICDA. MERCEDES GUADALUPE CORADO GOMEZ

JUDGE

ROSA GUADALUPE LARA JERÓNIMO

 ORDINARY ANNULMENT OF MARRIAGE

No. 53-2012 Of. 4th. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

twenty-eighth day of May two thousand twelve, at ten o'clock

THIRTY minutes, I proceed to notify at; SIXTH STREET FOUR DASH

SEVENTEEN FROM ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA

COTZUMALGUAPA, ESCUINTLA DEPARTMENT, the resolutions of

DATE TWENTY-SIXTH OF MAY TWO THOUSAND TWELVE, issued by the COURT

FIRST OF THE FIRST INSTANCE OF THE CIVIL BRANCH OF THE MUNICIPALITY OF

SANTA LUCIA COTZUMALGUAPA, ESCUINTLA DEPARTMENT,

MARIEL CORADO, by way of a certificate along with the legal copies in

his power of LICDA. KIARA AMARILLIS BARÁN GARCÍA, who was informed

(a) and for the record, YES, he/she signed. I attest.

 ORDINARY OF ANNULLABILITY OF MARRIAGE No. 53-2012 Of. 4th. Not. 2nd.

FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH OF

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

ESCUINTLA.

LIZA RODRIGUEZ (UNIQUE NAME AND UNIQUE LAST NAME), of data from

personal identification known within the above-mentioned trial, before the

judge appeared and

I EXPOSE

I.) It is the case, sir judge, that I was notified on June first of the year two thousand twelve,

from the resolution dated May thirty-first, two thousand twelve, in which

indicate the day and time for the hearing of VISTA, an opportunity in which each one of

the parties will have the opportunity to argue verbally or in writing our claims:

It is the case that just as I stated during my response to the complaint,

I show the honorable judge why he should declare WITHOUT PLACE THE

ORDINARY ACTION FOR ANNULMENT OF MARRIAGE FILED

BY JUAN MANUEL TAHUITE (ONLY LAST NAME), AGAINST ME

PERSONA LIZA RODRIGUEZ (UNIQUE FIRST NAME AND UNIQUE LAST NAME),
personhood since with that document it is true that it fulfills all the

Legal formalities are not ideal for acting in court, as...

the petitioner should have attached a SPECIAL JUDICIAL MANDATE, to

that the representation of MARIEL CORADO, in favor of JUAN MANUEL

TAHUITE (UNIQUE LAST NAME), would be valid.

IV) Likewise, I pointed out that the plaintiff asserted their right outside of the time limit.

since he states that he became aware of an abnormal emotional state in the

wedding celebration which took place on January twentieth of the year two thousand twelve, and

he filed his lawsuit on May tenth, two thousand twelve, even though before that

the celebration of the marriage the state I was in was evident, and to

It does not bring him any consequences, because it is a temporary mental illness.

(post-traumatic stress), a situation in which sixty days have already passed

What our Civil Code stipulates in its article one hundred and fifty, because what

he would have reasons to wait to file the lawsuit months later and still

traveling like this and hoping to be at his parents' house to be able to present the

demand.

V) Separately, as I stated, Mr. JUAN MANUEL TAHUITE (UNIQUE

LAST NAME), was aware of the temporary mental illness (post stress

(traumatic) that I suffer from, a disease that does not cause him any harm, nor is it

reason for requesting the annulment of the marriage, as it is only a

passenger status, situation that was under treatment, to reduce the

symptoms.
I knew about my lord father's traffic accident from the year one thousand.

nine hundred ninety-seven, and I did express it to him, however, he accepted

marry me even though I haven't said anything about post-stress

traumatic, he did not ask anything, now he comes to claim that he did not know

nothing and that fell into depression, are lies, because if it were so, what would be

traveling through Switzerland, enjoying the trip supposedly with their

parents, Mr. Judge, my current husband took a trip for personal reasons and not

because he fell into depression, my husband currently has a new relationship with

a Swiss young lady, who now says she wants to make the annulable.

the civil marriage we contracted is an illegality because as I state

he knew perfectly well, including his family, his friends, and neighbors, in any case

If what he wants is to be free to enter into a new marriage, then let him do it.

carry out through the indicated means, which in any case would be a DIVORCE, to extinguish

the bond that unites us, however, my husband wants the organ

jurisdictional declare the marriage annulable by virtue of contracting marriage

under the regime of community property, and he told me that he was not going to

leave nothing of what we have done in these months of marriage, so

I request that the ordinary annulment of marriage lawsuit be declared inadmissible.

For the above reason, it is unnecessary and pointless to continue with the processing of this.

process, being able to be processed as a DIVORCE.

VI) Separately, through the expert report that was issued, which

diligently during the processing of this case, it was verified that the mental state

the one I am in is temporary, and it does not have any consequences for me
VII) In such a capacity, a ruling will be issued DECLARING THE CLAIM WITHOUT MERIT

ORDINARY ANNULMENT OF MARRIAGE, filed by Mr.

Juan Manuel Tahuite (only surname), against my person LIZA

RODRIGUEZ, dated May tenth of the current year, is recorded in

the sentence that the civil marriage celebrated on January twentieth of two thousand twelve,

between Mr. JUAN MANUEL TAHUITE (ONLY LAST NAME) and myself LIZA

RODRIGUEZ (ONLY NAME AND ONLY LAST NAME) remains valid from

full right. Likewise, declare the EXCEPTION ADMISSIBLE

CERTIFICATE OF NOTARIAL AUTHENTICITY AND KNOWLEDGE OF DISEASE

TRANSITIONAL MENTAL (POST TRAUMATIC STRESS) PRIOR TO THE

CELEBRATION OF CIVIL MARRIAGE, PEREMPTORY EXCEPTION OF

LACK OF INHERENT ATTRIBUTE TO THE CONDITION OF REPRESENTATIVE

FROM THE ACTING PARTY TO FILE A CLAIM OF THE PARTY'S RIGHT

PLAINTIFF TO SUE, which were filed by me,

so that they are resolved in a judgment, and that the plaintiff is ordered to pay

of the court costs.

FUNDAMENTAL OF LAW

Article 28 of the Constitution of the Republic states: Right to Petition:

The inhabitants of the Republic of Guatemala have the right to direct individually or

collectively, requests to the authority. The one that is obliged to process them and

must resolve them in accordance with the law. Likewise, Article 196 of the Code

Civil and Commercial Procedure establishes: Once the evidentiary period has concluded, the secretary

it will be noted without the need for a ruling, it will add the evidence to the proceedings
opportunity in which the lawyers of the

parts and these if they so wish. The hearing will be public, if requested.

REQUEST:

I). Let this memorial be added to your records;

II). The present petition is admitted for processing.

III) Consider the HEARING OF VIEW to be VACATED.

BACKGROUND:
III) That a judgment be issued that DECLARES: a) WITHOUT BASIS THE CLAIM

ORDINARY ACTION OF ANNULMENT OF MARRIAGE filed by Mr.

Juan Manuel Tahuite (single surname), against my person LIZA

RODRIGUEZ, dated May tenth of this year, stating in

the sentence that the civil marriage celebrated on January twentieth, two thousand twelve,

between Mr. JUAN MANUEL TAHUITE and myself LIZA RODRIGUEZ, continues

being fully valid, b) The EXCEPTION is declared WITH PLACE

CERTIFICATE OF NOTORIETY AND KNOWLEDGE OF DISEASE

TRANSITORY MENTAL (POST TRAUMATIC STRESS) PRIOR TO THE

CELEBRATION OF CIVIL MARRIAGE, PEREMPTORY EXCEPTION OF

LACK OF INHERENT ATTRIBUTE TO THE CONDITION OF REPRESENTATIVE

FROM THE ACTOR'S SIDE TO DEMAND THE RIGHT OF THE PARTY

PLAINTIFF TO FILE A LAWSUIT. c) That the plaintiff be ordered to pay the

judicial costs.
QUOTE OF LAWS: I base myself on the aforementioned articles and the following: 1, 7,

17, 25, 26, 44, 45, 50, 51, 61, 64, 65, 66, 67, 71, 79, 96, 106, 107, 111, 112, 113,

116, 118, 123, 128, 129, 130, 131, 132, 133, 134, 135, 142, 146, 149, 164, 165,
from Guatemala, 141, 142, 143 of the Judicial Organization Law.

I accompany the original, duplicate, and a certified copy of this memorial.

Santa Lucía Cotzumalguapa, Escuintla department June 2, 2012

f)

IN THEIR ASSISTANCE AND PROCUREMENT

 Ordinary of annulment of marriage

No. 53-2012 Of. 4th. Not. 2nd.

FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH OF

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

Escuintla, June 2, 2012.

I. The memorial that precedes is added to your records. II) It is admitted for your

processing the statement that precedes. III) The VIEW is considered addressed. IV) It

other present for your procedural opportunity. IV) Notify.

Artículos: 1, 27, 44, 50, 51, 64, 65, 66, 67, 71, 79, 106, 107, 123, 124, 125, 126,

127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, of Decree Law 107

Civil and Commercial Procedural Code, 141, 142, 143 of the Judiciary Organization Law.

LICDA. MERCEDES GUADALUPE CORADO GOMEZ

JUDGE

ROSA GUADALUPE LARA JERÓNIMO

SECRETARY
 Ordinary annulment of marriage

No. 53-2012 Of. 4th. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

FIFTH OF JUNE two thousand twelve, at TEN hours and THIRTY

minutes, I proceed to notify at; SIXTH STREET FOUR DASH SEVENTEEN

FROM ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated JUNE TWO

FROM TWO THOUSAND TWELVE, issued by the FIRST COURT OF FIRST INSTANCE

CIVIL BRANCH INSTANCE OF THE MUNICIPALITY OF SANTA LUCIA

COTZUMALGUAPA, ESCUINTLA DEPARTMENT, to MARIEL CORADO,

by means of a notice that, together with the legal copies in your possession of LICDA.

KIARA AMARILLIS BARÁN GARCÍA, who is informed and for the record

He signed. I attest.

Notifier
 ORDINARY OF ANNULMENT OF MARRIAGE

No. 53-2012 Of. 4th. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

FIFTH OF JUNE two thousand twelve, at TEN thirty

minutes, I proceed to notify at; SIXTH STREET FOUR DASH SEVENTEEN

FROM ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated JUNE TWO

OF TWO THOUSAND TWELVE, issued by the FIRST COURT OF FIRST INSTANCE

CIVIL BRANCH INSTANCE OF THE MUNICIPALITY OF SANTA LUCIA

COTZUMALGUAPA, ESCUINTLA DEPARTMENT, to LIZA RODRIGUEZ,

through a decree along with the legal copies in your possession of LICDA.

KIARA AMARILLIS BARÁN GARCÍA, who is informed and for the record

He/She signed. I attest.

NOTIFIER
 ORDINARY DAMAGES AND INJURIES No. 45-2012 Of. 4th. Not. 2nd.

PEACE COURT OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA.

ANA ELIZABETH MONTERROSO AVILA, of personal identification data

known within the above-identified trial, I appear before the judge and

STATEMENT OF FACTS

It is the case, Your Honor, that I was notified on the first of June of the year two thousand twelve, of the

resolution dated thirty-first of May twenty twelve, in which it is stated

day and time for the hearing of VIEW, an opportunity in which each one of the

sides will have to argue verbally or in writing our claims:

It is the case that as I stated in the initial complaint, the defendant,

Mr. Pérez González has fruit trees on his property which do not limit

with my property but if they are close to it, approximately about a meter away

from the boundary of the properties, which are of large size and

these caused damage to my property, due to Mr. Arturo Ismael

Pérez González on the thirtieth of March of this year for interests of his

the person proceeded to knock down some trees and to cut down on their property, but

when they fell the tree closest to my property, it fell on the

structure of my property damaging it in terms of the lamination and the wall

next to the defendant's property, due to the fact that precautions were not taken

necessary to avoid damaging my property.

in what occurred extrajudicially to which he responded that there had been

it was an accident and that it was not his responsibility, so we did not arrive at

no agreement, Mr. Julio Antonio was present in that conversation

Gálvez Ramírez, contractor, who prepared an approximate budget for the

reconstruction of my property amounting to the sum of FIVE THOUSAND

THREE HUNDRED FORTY-FIVE, in which the lamination was included,

construction of the damaged wall, the paint and all the materials of

pertinent construction.

III) Therefore, I declare that the property is leased to a third party.

person, but at the moment when the damage to my property occurred, they had

to evict the property due to the imminent risk of it continuing to be destroyed

property, in this case I stopped receiving the monthly payments for this property that

it was already leased, also stating that the lease value is

ONE THOUSAND EIGHT HUNDRED QUETZALES, and as I stated, the gentlemen had to

evict the property, and it happens that almost a month has passed since it started.

I caused the damage and I stopped receiving that monthly payment.

IV) Consequently, I found myself obliged to file a lawsuit in the ORDINARY WAY

FOR DAMAGES AND INJURIES, in order to recognize that the defendant

must pay at the time the amount of SEVEN THOUSAND ONE HUNDRED FORTY AND

FIVE QUETZALES, in concept of DAMAGES AND LOSSES caused to me

property, as well as the legal costs.

V) And having duly accredited and proven my claim with the means
both properties, as well as the budget certified by the builder Julio

Antonio Galvez Ramirez, with whom the established amount was accredited by the

damages and losses, the testimonial declaration of the individuals who attest to the harm

that was caused to my property due to the felling of trees in the neighborhood,

facts that were duly proven to declare in favor of my

pretension.

VI) Therefore, I request that the VIEW be considered as addressed and that the judgment be issued in

at the appropriate procedural moment, declaring the ORDINARY LAWSUIT valid

FOR DAMAGES AND HARM filed against ARTURO ISMAEL PEREZ

GONZALEZ.

FOUNDATION OF LAW

Article 28 of the Constitution of the Republic establishes: Right of Petition:

The inhabitants of the Republic of Guatemala have the right to direct individually or

collectively, requests to the authority. The one that is obliged to process them and

must resolve them in accordance with the law. Likewise, Article 196 of the Code

Civil and Commercial Procedural establishes: Once the trial period is concluded, the secretary

It will be noted without the need for a provision, and will add the evidence to the records.

surrendered and will report to the judge. The judge, on his own initiative, will set a date and time for the hearing

within the term indicated in the Constitutive Law of the Judicial Body,

opportunity in which the lawyers of the

parts and they may do so if they wish. The hearing shall be public, if requested.
DE T R A M I T E:

I). That the present memorial be added to its records;

II). Let this memorandum be accepted for processing.

III) The VIEWING HEARING is considered to be VACATED.

BACKGROUND:
III) That a sentence be issued DECLARING: a) THE LAWSUIT ADMISSIBLE

ORDINARY LAWSUIT FOR DAMAGES filed against Mr. ARTURO

ISMAEL PEREZ GONZALEZ, stating the amount to which it amounts to

DAMAGES AND INJURIES caused to my property. b) That the party be condemned

the party liable for the payment of legal costs.

CITATION OF LAWS: I base myself on the aforementioned articles and on the following: 1, 7,

17, 25, 26, 44, 45, 50, 51, 61, 64, 65, 66, 67, 71, 79, 96, 106, 107, 111, 112, 113

116, 118, 123, 128, 129, 130, 131, 132, 133, 134, 135, 142, 146, 149, 164, 165,

177, 178, 186, 194, 195, 196, 197, 198 of Decree Law 107 Civil Procedure Code

and Commercial, 1, 2, 3, 5, 12, 28, 203, 204, of the Political Constitution of the Republic

from Guatemala, 141, 142, 143 of the Law of the Judicial Organism.

I accompany the original, duplicate, and a certified copy of this memorial.

Santa Lucía Cotzumalguapa, Escuintla department, June 2, 2012

f)

In Their Aid and Procurement

 Ordinary Damages and Losses

No.45-2012 Of. 4th. Not. 2nd.

FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH OF

MUNICIPALITY OF SANTA LUCÍA COTZUMALGUAPA, DEPARTMENT OF

Escuintla, June 2, 2012.

I. The memorial that precedes is added to your records. II) It is admitted for your

proceed with the preceding memorial. III) The VIEW is considered to be addressed. IV) It

others present for their procedural opportunity. IV) Notify.

Artículos: 1, 27, 44, 50, 51, 64, 65, 66, 67, 71, 79, 106, 107, 123, 124, 125, 126,

127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, of Decree Law 107

Civil and Commercial Procedural Code, 141, 142, 143 of the Law of the Judicial Organism.

LICDA. MERCEDES GUADALUPE CORADO GOMEZ

JUDGE

ROSA GUADALUPE LARA JERÓNIMO

SECRETARY
 ORDINARY DAMAGES AND INJURIES

No. 45-2012 Of. 4th. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

June fifth, two thousand twelve, at ten thirty.

minutes, I proceed to notify at; SIXTH STREET FOUR HYPHEN SEVENTEEN

FROM ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated JUNE SECOND

FROM TWO THOUSAND TWELVE, issued by the FIRST COURT OF FIRST INSTANCE

CIVIL BRANCH INSTANCE OF THE MUNICIPALITY OF SANTA LUCIA

COTZUMALGUAPA, ESCUINTLA DEPARTMENT, to ANA ELIZABETH

MONTERROSO AVILA, by means of a certificate that together with the copies of

law in the possession of LICDA. KIARA AMARILLIS BARÁN GARCÍA, who remained

informed and for the record YES signed. I attest.

Notifier
 No. 45-2012 Of. 4th. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

FIFTH OF JUNE two thousand twelve, at TEN hours and THIRTY

minutes, I proceed to notify at; SIXTH STREET FOUR DASH SEVENTEEN

FROM ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated JUNE SECOND

FROM TWO THOUSAND TWELVE, issued by the FIRST COURT OF FIRST INSTANCE

CIVIL BRANCH INSTANCE OF THE MUNICIPALITY OF SANTA LUCIA

COTZUMALGUAPA, ESCUINTLA DEPARTMENT, to ARTURO ISMAEL

PEREZ GONZALEZ, by means of a certificate together with the legal copies

in the possession of LICDA. KIARA AMARILLIS BARÁN GARCÍA, who remained

Aware and for the record, YES, he/she signed. I certify.

Notifier
FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH OF

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

ESCUINTLA.

ESTELA CORINA GAMEZ ALDANA, of personal identification data

known within the aforementioned trial, I appear before the judge and

STATEMENT OF FACTS

It is the case, Mr. Judge, that I was notified on June first of the year two thousand twelve, of the

resolution dated May thirty-first, two thousand twelve, in which it is stated

day and time for the VIEW hearing, an opportunity in which each one of the

parts will have to argue orally or in writing our claims:

It is the case that as I stated in the initial complaint, I got married.

with the defendant, Mr. VICTOR MANUEL ESTRADA NUÑEZ, on the twentieth of

February of two thousand five, before the notarial offices of Notary MARIA

ALEJANDRA DUBON ROSALES, who has been duly registered in the

entry number ten, page five, of book two of marriages of the Registry

National of the People of the municipality of Santa Lucia Cotzumalguapa,

department of Escuintla, stating that it was filing a regular lawsuit for

DIVORCE, for a specific cause of ABSENCE AND ABANDONMENT

UNMOTIVATED, from the marital home, since two thousand nine, date from which

We have been separated, and as I stated, it has been since two thousand nine, the absence and

unmotivated and voluntary abandonment has lasted more than a year, as I have attested.

with the evidence that was offered, proposed, and processed in their
having requested alimony, having expressly renounced

she.

II) And my claim being duly accredited and proven with the means

of the tests that were offered, proposed, and processed in due time

procedural, such as the documentary evidence with which the link was accredited

matrimonial, as well as the testimonial evidence that strengthened my argument and

I confirm the voluntary and unmotivated absence as well as the abandonment of the home.

conjugal by the defendant.

III) Therefore, I request that the VIEW be considered as addressed and that the sentence be issued in

at the appropriate procedural moment, declaring the ORDINARY CLAIM admissible.

FOR DIVORCE ON SPECIFIED GROUNDS filed against VICTOR

MANUEL ESTRADA NUÑEZ.

FOUNDATION OF LAW

Article 28 of the Constitution of the Republic establishes: Right of Petition:

The inhabitants of the Republic of Guatemala have the right to direct individually or

collectively, requests to the authority. The one that is obliged to process them and

must resolve them in accordance with the law. Likewise, article 196 of the Code

Civil and Commercial Procedure establishes: Once the term of evidence is concluded, the secretary

it will be recorded without the need for a provision, it will add the evidence to the case files

surrendered and will report to the judge. The judge, on his own initiative, will schedule a date and time for the hearing.

within the term specified in the Constitutive Law of the Judicial Body,

opportunity in which the lawyers of the

DE T R A M I T E:

I). That the present memorial be added to your records;

II). The present memorandum is admitted for processing.

III) The hearing is recognized as VACATED.

BACKGROUND:

III) That a sentence be issued declaring: a) THE DEMAND ADMITTED

ORDINARY DIVORCE FOR SPECIFIED CAUSE filed against

of Mr. VICTOR MANUEL ESTRADA NUÑEZ, declaring the dissolution of

marriage bond and consequently the respective letter is issued to the registry
National of the People, from the municipality of Santa Lucia Cotzumalguapa,

department of Escuintla, canceling the respective registration. b) That it is

condemn the acting party to pay the legal costs.

CITATION OF LAWS: I base myself on the aforementioned articles and on the following: 1, 7,

17, 25, 26, 44, 45, 50, 51, 61, 64, 65, 66, 67, 71, 79, 96, 106, 107, 111, 112, 113,

116, 118, 123, 128, 129, 130, 131, 132, 133, 134, 135, 142, 146, 149, 164, 165

177, 178, 186, 194, 195, 196, 197, 198 of Decree Law 107 Civil Procedural Code

and Mercantile, 1, 2, 3, 5, 12, 28, 203, 204, of the Political Constitution of the Republic

from Guatemala, 141, 142, 143 of the Law of the Judicial Body.

I accompany the original, duplicate, and a certified copy of this memorial.

Santa Lucía Cotzumalguapa, Escuintla department June 2, 2012

f)
ORDINARY DIVORCE
FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH OF

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

Escuintla, June second of two thousand twelve.

I. The memorial that precedes is added to your records. II) It is admitted for your

proceed with the preceding memorandum. III) The VIEW is considered to be addressed. IV) It

others present for their procedural opportunity. IV) Notify.

Artículos: 1, 27, 44, 50, 51, 64, 65, 66, 67, 71, 79, 106, 107, 123, 124, 125, 126,

127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, of Decree Law 107

Civil and Commercial Procedural Code, 141, 142, 143 of the Judicial Organization Act.

Mercedes Guadalupe Corado Gomez

JUDGE

ROSA GUADALUPE LARA JERÓNIMO

SECRETARY
Ordinary Divorce
In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

FIFTH OF JUNE two thousand twelve, at TEN thirty

minutes, I proceed to notify at; SIXTH STREET FOUR HYPHEN SEVENTEEN

FROM ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated JUNE SECOND

OF TWO THOUSAND TWELVE, issued by the FIRST COURT OF FIRST INSTANCE

CIVIL BRANCH INSTANCE OF THE MUNICIPALITY OF SANTA LUCIA

COTZUMALGUAPA, ESQUINTLA DEPARTMENT, to ESTELA CORINA

GAMEZ ALDANA, through a document which together with the legal copies in

her power of LICDA. KIARA AMARILLIS BARÁN GARCÍA, who was informed

(a) And for the record, YES, he/she signed. I certify.

NOTIFIER
Ordinary Divorce
In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla,

FIFTH OF JUNE two thousand twelve, at TEN hours with THIRTY

minutes, I proceed to notify at; SIXTH STREET FOUR DASH SEVENTEEN

FROM ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated JUNE SECOND

From two thousand twelve, issued by the FIRST COURT OF FIRST INSTANCE

CIVIL BRANCH INSTANCE OF THE MUNICIPALITY OF SANTA LUCIA

COTZUMALGUAPA, DEPARTMENT OF ESCUINTLA, to VICTOR MANUEL

ESTRADA NUÑEZ, by means of a certificate that together with the legal copies in

her power of LICDA. KIARA AMARILLIS BARÁN GARCÍA, who was informed

(a) and for the record HE signed. I attest.

Notifier
ORDINARY OF MARRIAGE ANNULMENT
FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH, OF

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

ESCUINTLA, JUNE SIXTH OF THE YEAR TWO THOUSAND TWELVE.

It is in sight to issue a ruling within the present trial of

ANNULABILITY OF MARRIAGE, promoted through the ORDINARY procedure by

MARIEL CORADO (UNIQUE FIRST NAME AND UNIQUE LAST NAME), acting in

representation of Mr. JUAN MANUEL TAHUITE (ONLY LAST NAME), in

against: LIZA RODRIGUEZ (ONLY FIRST NAME AND ONLY LAST NAME). The

parts are civilly capable of appearing in court, both with an address in the

Escuintla department. The plaintiff acts under the direction and representation of the

Lawyer Kiara Amarillis Barán García, having indicated a place for

receive notifications from the professional office of the aforementioned lawyer,

located at Sixth Street four dash seventeen of zone one, of the municipality of

Santa Lucia Cotzumalguapa; and the defendant LIZA RODRIGUEZ (UNIQUE

NAME AND UNIQUE LAST NAME), residing on second street and third

Avenue, lot fourteen of the municipality of Santa Lucía Cotzumalguapa, acted under the

address and procuration of Attorney Kiara Amarillis Barán García, having

designated as the place to receive notifications the professional office located at

the third street lot two hundred three of the second avenue, zone one of

municipality of Santa Lucía Cotzumalguapa, the professional office of the Lawyer

aforementioned, located at third street lot two hundred three of the second

Avenue, Zone One of the municipality of Santa Lucía Cotzumalguapa.

CLASS, TYPE AND OBJECT OF THE PRESENT PROCESS:

The present trial is being processed through the ORDINARY route, and corresponds to

ANNULABILITY OF MARRIAGE, and its purpose is that in the sentence it is made

THE DECLARATION OF ANNULMENT OF MARRIAGE OF THE MARRIAGE

CIVIL OF MR. JUAN MANUEL TAHUITE (ONLY LAST NAME) AND LIZA

RODRIGUEZ (UNIQUE NAME AND UNIQUE LAST NAME).

FROM THE STUDY OF THE ACTED UPON, THE FOLLOWING ARE EXTRACTED

SUMMARIES:

I. FROM THE COMPLAINT MEMORANDUM: The plaintiff Mr. JUAN MANUEL

TAHUITE (UNIQUE LAST NAME), by means of a memorial of claim dated the tenth of

May of this year, he/she appeared before this court filing a lawsuit.

Ordinary Action for Annulment of Marriage represented by Miss MARIEL

CORADO (UNIQUE FIRST NAME AND UNIQUE LAST NAME), against Mrs. LIZA

RODRIGUEZ (ONLY NAME AND ONLY LAST NAME), stating the following:

That with the claimant, a civil marriage was contracted before the notary offices of the

Notary María Alejandra Dubòn Rosales, on the twentieth day of January two thousand twelve,

with Mrs. LIZA RODRIGUEZ (ONLY NAME AND ONLY LAST NAME), without

at the time of the marriage ceremony, it was noticed that the now her

wife was acting strangely, but I think it was due to the state of emotion

in which it was found was normal, but over time it became

He reports that his wife's behavior has not changed, so he proceeded to...

investigated and discovered that the defendant suffered from a mental illness since

the age of fifteen, a situation that until now has come to learn about, due to

that she never revealed her illness to him, such a situation caused him to fall.
think in a better way about the terrible experience he had learned about.

Therefore, the present Ordinary Trial for Annulment of Marriage is initiated

effect that the annulability of the civil marriage contracted on the day is recognized

twenty of January two thousand twelve, in order for it to be null and void and not to provoke

legal effects on my defendant. The plaintiff grounded his right and made

your requests for both procedure and judgment.

II. RESPONSE TO THE LAWSUIT: The plaintiff Mrs. LIZA

RODRIGUEZ (ONLY NAME AND ONLY LAST NAME), by means of a memorial of

Response to the lawsuit dated May twelfth, two thousand twelve, appeared to

this Court presenting a response to the lawsuit initiated in your

against Mr. JUAN MANUEL TAHUITE (ONLY NAME AND ONLY

(LAST NAME), stating the following: That she was notified on May eleventh of two

one thousand twelve, from the resolution dated May tenth, two thousand twelve, by means of the

which is set for a period of nine common days and regarding this

I declare that Mr. JUAN MANUEL TAHUITE (SINGLE LAST NAME),

currently my husband, they met six years ago, that the plaintiff

he was fully aware of the state he was in because it was obvious, because

he knew about his lord father's car accident from the year one thousand

nine hundred ninety-seven, and that was manifested to him, however, he accepted

to marry her even when he hasn't told her anything about post stress

traumatic, he did not ask anything, and now he comes to say that he knew nothing

and fell into depression, the plaintiff states that it is lies, because if

it would have been like this, that I would be doing traveling through Switzerland, enjoying the trip
new relationship with a young lady of Swiss nationality, and now says that

wants to make the civil marriage contracted for the defendant annulable.

illegality because as I stated, he knew perfectly well, even his

family, their friends and neighbors, in any case, the defendant states that if he

What he wants is to be free to marry again, so let him do it.

by the indicated means, which in any case would be a DIVORCE, to terminate the

link that unites them, however, her husband wants the jurisdictional body

declare the marriage annulable by virtue of the fact that we entered into marriage under the

community property regime, and he told her that he was not going to leave her

nothing of what they have done in these months of marriage. so answer

in a negative sense the present Ordinary Judgment of Annulment of Marriage

initiated against him by Mr. JUAN MANUEL TAHUITE (SOLE NAME AND

UNIQUE LAST NAME), Therefore, in the sentence, it requests that it be declared Unfounded the

ordinary lawsuit for annulment of marriage. The defendant based her

right e did sus requests so muchof procedure as of

sentence.---------------------III. OF THE EXCEPTIONS PERENTORIAS

INTERVIEWS:

A) FROM THE PERENTORY EXCEPTION OF NOTORIOUSNESS AND KNOWLEDGE

TRANSIENT MENTAL ILLNESS (POST TRAUMATIC STRESS)

BEFORE THE CELEBRATION OF THE CIVIL MARRIAGE

The plaintiff Mrs. LIZA RODRIGUEZ (SOLE NAME AND SOLE

LAST NAME), through a memorandum in response to the lawsuit dated twelfth of

May 2012, appeared before this Court presenting a response to

TAHUITE (UNIQUE FIRST NAME AND UNIQUE LAST NAME), as well as the exception before.

mentioned exposing the following: That she was notified on May eleventh of two

mil twelve, of the resolution dated May tenth of two thousand twelve, through the

which I am summoned for a period of nine common days and in this regard

I declare that Mr. JUAN MANUEL TAHUITE (ONLY LAST NAME) had

knowledge of transient mental illness (post-traumatic stress) that

suffers, illness, that does not cause him any harm nor is a reason for him to

I requested the annulment of the marriage, as it is only a temporary state.

situation in which I experienced the death of your dad and of other people in a

traffic accident and survived, occurred in November of the year one thousand

nine hundred ninety-seven, a situation that was under treatment, to decrease

the symptoms, for which he requested that when resolving in a sentence, it be declared CONT.

PLACE, the present PEREMPTORY EXCEPTION OF NOTORIETY AND

KNOWLEDGE OF TRANSIENT MENTAL ILLNESS (POST-STRESS)

TRAUMATIC), PRIOR TO THE CELEBRATION OF THE CIVIL MARRIAGE.

B) OF THE PERENTORY EXCEPTION OF LACK OF INHERENT ATTRIBUTE

AS THE REPRESENTATIVE OF THE PLAINTIFF PARTY TO

DEMAND:

The applicant Mrs. LIZA RODRIGUEZ (ONLY NAME AND ONLY

LAST NAME), through a response to the lawsuit dated twelve of

May 2012, appeared before this Court raising a response of

demand of the process initiated against him by Mr. JUAN MANUEL

TAHUITE (UNIQUE NAME AND UNIQUE LAST NAME), also the exception before
one thousand twelve, from the resolution dated May tenth of two thousand twelve, through the

which is set for a period of nine common days and regarding this

I declare that Mr. JUAN MANUEL TAHUITE (ONLY LAST NAME) acted

with representation from Miss MARIEL CORADO (ONLY NAME AND

UNIQUE LAST NAME), by virtue of a GENERAL MANDATE WITH

REPRESENTATION, a document that, according to the defendant, is not suitable.

to be able to represent it in this process, as I would need another document in

that her husband grants the authority to MARIEL CORADO (ONLY NAME AND )

UNIQUE LAST NAME) to represent him in court, so the document that

presents to be able to act on his behalf, it is not the suitable document and

necessary in this process, whereby, for which he requested when resolving in

sentence, the present PEREMPTORY EXCEPTION is declared ADMISSIBLE

LACK OF INHERENT ATTRIBUTE TO THE CONDITION OF REPRESENTATIVE

FROM THE ACTING PARTY TO FILE A LAWSUIT.

IV) OF THE FACTS SUBJECT TO PROOF:

a) That the plaintiff married the defendant LIZA RODRIGUEZ

(UNIQUE FIRST NAME AND UNIQUE LAST NAME) b) That the plaintiff suffers from a

mental illness before marrying the plaintiff.

That the defendant did not inform the plaintiff about the

mental illness that he/she suffers or has suffered. d) The consequences of the

mental illness towards the defendant as for her.

V. OF THE LEGAL CONSIDERATIONS THAT GROUND THE

VALUE OF THE TESTS TAKEN:-----------------------------------------------------

(Annulability of marriage). The marriage is annulable: 1. 2. 3.

any person who suffers from mental disability at the time of celebrating it; and 4th. … The

nullity due to mental incapacity of one of the spouses can be claimed by

the capable spouse, by the father, mother or guardian of the incapacitated person and by the Ministry

Public, within sixty days counted from the moment they become aware of

marriage. The declaration of nullity or of non-existence of the marriage is

will order to be published by the judge in the Official Gazette and will be communicated to the registers

civil and property for cancellations or annotations to be made

corresponding.

VI. CONSIDERING WHICH OF THE FACTS SUBJECT TO DISCUSSION

PROVEN ESTIMATES: "The parties have the burden of proving their

respective propositions of fact. Whoever claims something must prove the facts.

extinctives or the hindering circumstances of that claim. Without prejudice to the

application of the preceding rules, the judges will evaluate according to what

established by law, the omissions or deficiencies in the production of the

test." The courts, unless otherwise provided by law, will assess the merits of

The evidence according to the rules of sound criticism will be discarded in the

moment of rendering judgment, the evidence that does not conform to the points of

facts presented in the complaint and its response." In such a way then after

to carry out the stages of due process, proceed to the establishment of the

facts that were subjected to testing and that they were corroborated with the
marriage with the defendant LIZA RODRIGUEZ (ONLY NAME AND ONLY

LAST NAME), this fact was verified with the Certification of the Record of

marriage number eight hundred ninety-one (891), Folio four hundred

twenty-one (421) of Book fourteen (14) of Marriages, issued by the

Civil Registrar of the National Registry of Persons of Santa Lucía

Cotzumalguapa, dated March thirty of two thousand twelve, submitted by

JUAN MANUEL TAHUITE (ONLY LAST NAME) and Certification of the Certificate of

marriage number eight hundred ninety-one (891), Folio four hundred

twenty-one (421) of Book fourteen (14) of Marriages, extended by the

Civil Registrar of the National Registry of Persons of Santa Lucía

Cotzumalguapa, dated May twelfth, two thousand twelve, submitted by LIZA

RODRIGUEZ (ONLY NAME AND ONLY LAST NAME). b) That the claimant

suffers from a mental illness since before marrying the party

actress, a fact that was proven by the clinical study of post

traumatic, carried out on the person of LIZA RODRIGUEZ (ONLY NAME AND

UNIQUE LAST NAME), presented by her and the report from the experts that was issued by the

Clinical psychologist Sergio Alberto Ortega Figueroa, on the emotional state of the

defendant, c) That the defendant did not inform the party

actress, about the mental illness she suffers from or suffered, a fact that remained

verified with the statement from Mr. JUAN MANUEL TAHUITE

(UNIQUE LAST NAME), statement from Mrs. LIZA RODRIGUEZ

(UNIQUE FIRST NAME AND UNIQUE LAST NAME), testimonial statements from the

gentlemen CARMEN RODRIGUEZ and OTILIO GOMEZ VASQUEZ. d) The

Clinical Psychologist Sergio Alberto Ortega Figueroa, about the emotional state of the

demanded.

VII. CONSIDERING WHICH OF THE FACTS SUBJECT TO

DISCUSSION NOT ESTIMATED PROVEN: a) The representation of Mr.

JUAN MANUEL TAHUITE (ONLY LAST NAME), through Miss MARIEL

CORADO (UNIQUE NAME AND UNIQUE LAST NAME), which I present First

testimony of the public deed number fourteen which contains MANDATE

GENERAL WITH REPRESENTATION, carried out before the notarial offices of the

Notary Maria Alejandra Dubón Rosales, on April fourteenth of two thousand twelve, the

which is duly registered in the Powers Registry of the Archive

General Protocols, a document that, while it is true, is a public instrument

what is registered is not suitable for acting within the

present process. b) The consequences that the plaintiff claims

illness of Mrs. LIZA RODRIGUEZ (ONLY NAME AND ONLY

LAST NAME), was not proven by Mr. JUAN MANUEL TAHUITE (ONLY

SURNAME), by virtue of not demonstrating the consequences that he claims to have

affect his/her person.

VIII. FUNDAMENTAL DOCTRINES OF LAW AND PRINCIPLES THAT

SEAN APPLICABLE AL CASE:

On the right of representation

conjugal: By being a right and in order to uphold the equality of the

spouses in the home, in relation to the education and upbringing of the children and

the family economy. From the duality of marriage, a principle in which this
It is foreseen that the institution of marriage is to unite two people and link them.

for cohabitation and procreation.

VIII. ANALYSIS OF THE LAWS ON WHICH THE REASONING IS BASED

MAY THE SENTENCE REST.

Regarding the exceptions raised by the defendant, a) exception

notoriety parenthesis and knowledge of transient mental illness

(POST TRAUMATIC STRESS), prior to the celebration of the civil marriage, the

The judge believes that the peremptory exception does not apply because it does not

demonstrated the notoriety and knowledge of the transient mental illness, due to

part of the actor. b) peremptory exception of lack of inherent attribute to the

condition of being a representative of the acting party to file a lawsuit, a situation that

it is duly proven by virtue of the document presented by the party

actor who is a GENERAL MANDATE WITH REPRESENTATION, document

not suitable in the present trial.

Given the above, the facts subject to discussion are granted the

next evidentiary value as follows: a) That the plaintiff got married to the

defendant LIZA RODRIGUEZ (SINGLE NAME AND SINGLE LAST NAME) b) That

the claimant has been suffering from a mental illness since before contracting

marriage with the plaintiff. c) That the defendant did not inform him

from the acting party, regarding the mental illness that they suffer from or have suffered. d) The

consequences of mental illness towards the defendant as for

she. Due to this, the one who judges, in the sentence that ends the present process,
that the acting party acted with representation of Miss MARIEL CORADO

(UNIQUE NAME AND UNIQUE LAST NAME), and said representation is not valid

within the present process because it is not the appropriate document for

the acting party would assert their representation within the present trial.

IX. ON PROCEDURAL COSTS:

In accordance with Article 573 of the Civil and Commercial Procedural Code regulates:

The judge in the ruling that concludes the process before him must

to condemn the losing party to reimburse the costs in favor of the other party.

CITATION OF LAWS: Articles: 145, 150 of Decree Law 106 Civil Code, 1 to 12

Family Courts Law, 1, 7, 10, 12, 17, 24, 25, 26, 27, 28, 30, 31, 37, 44

45, 50, 51, 61, 62, 63, 64, 65, 66, 67, 70, 71, 77, 79, 80, 81, 96, 97, 106, 107,

110, 111, 112, 113, 116, 118, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132,

133, 134, 135, 142, 146, 149, 164, 165, 177, 178, 183, 186, 194, 195, 196, 197,

198 of Decree Law 107 Civil and Commercial Procedural Code, 1, 2, 3, 5, 12, 28

203, 204, of the Political Constitution of the Republic of Guatemala, 1, 10, 45, 51,

57, 58, 94, 108, 135, 141, 142, 143, 144, 145, 146, 147, 171, 172 of the Law of

Judicial Body.

THEREFORE: This Court based on the considerations and cited laws at

To resolve declares: I) WITHOUT PLACE THE ORDINARY DEMAND OF

ANNULLABILITY OF MARRIAGE, RAISED BY MR. JUAN

MANUEL TAHUITE (ONLY LAST NAME) against LIZA RODRIGUEZ

(UNIQUE NAME AND UNIQUE LAST NAME) II) WITHOUT PLACE FOR THE EXCEPTION
CIVIL MARRIAGE CELEBRATION proposed by Mrs. LIZA

RODRIGUEZ (ONLY NAME AND ONLY LAST NAME), III) WITH PLACE THE

PEREMPTORY EXCEPTION OF LACK OF INHERENT ATTRIBUTE TO THE

CONDITION OF REPRESENTATIVE OF THE ACTING PARTY FOR

DEMAND filed by Mrs. LIZA RODRIGUEZ (ONLY NAME AND

UNIQUE LAST NAME) IV) For the reasons previously considered, a conviction is recorded.

to the acting party, by virtue of being the defeated party, Mr. JUAN MANUEL

TAHUITE (UNIQUE LAST NAME) V) Notify.

LICDA. KIARA AMARILLIS BARÁN GARCÍA

JUDGE

MERCEDES GUADALUPE CORADO GOMEZ

SECRETARY
 No. 53-2012 Of. 4th. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

Ninth of June, two thousand twelve, at ten thirty.

minutes, I proceed to notify at; SIXTH STREET FOUR HYPHEN SEVENTEEN

FROM ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated JUNE SIXTH

FROM TWO THOUSAND TWELVE, issued by the FIRST COURT OF FIRST INSTANCE

INSTANCE OF THE FIRST CIVIL BRANCH OF THE FIRST INSTANCE BRANCH

CIVIL DEL MUNICIPALITYDE SAINT LUCIA COTZUMALGUAPA

DEPARTMENT OF ESCUINTLA, to MARIEL CORADO, by means of a notice

that along with the certified copies in her possession of LICDA. KIARA AMARILLIS

BARÁN GARCÍA, who was informed and for the record DID sign. I attest.

NOTIFIER
In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

Ninth of June two thousand twelve, at ten thirty

minutes, I proceed to notify at; SIXTH STREET FOUR HYPHEN SEVENTEEN

FROM ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated JUNE SIXTH

OF TWO THOUSAND TWELVE, issued by the FIRST COURT OF FIRST INSTANCE

CIVIL BRANCH INSTANCE OF THE MUNICIPALITY OF SANTA LUCIA

COTZUMALGUAPA, ESCUINTLA DEPARTMENT, to JUAN MANUEL

TAHUITE, by means of a certificate along with the copies of the law in its possession

of LICDA. KIARA AMARILLIS BARÁN GARCÍA, who was informed and for

Certificate signed. I attest.

Notifier
ORDINARY PATERNITY AND FILIATION
FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH,

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

ESCUINTLA, TWENTY OF JULY OF THE YEAR TWO THOUSAND TWELVE.

It is ready to pass judgment in the present trial of

PATERNITY AND FILIATION, promoted in the ORDINARY way by the lady

AMALIA MAGDALES SANTAY RAMIREZ, against JORGE LUIS SANTA

ANDREA. The parties are civilly capable of appearing in court, both with

residence in the department of Escuintla. The plaintiff acts under the direction and

power of attorney of Lawyer Kiara Amarillis Barán García, having indicated

as a place to receive notifications, the lawyer's professional office before

mentioned, located at Sixth Street four dash seventeen in zone one, of the

municipality of Santa Lucia Cotzumalguapa; and the defendant JORGUE LUIS

SANTA ANDREA, residing on second street and third avenue, lot fourteen

of the municipality of Santa Lucía Cotzumalguapa, who did not act under the direction and

procuration of a lawyer, and the warning was made effective

notify him through the notice boards of this court, due to not having

designated place for the effect.

CLASS, TYPE AND OBJECT OF THE PRESENT PROCESS:

The present trial is processed through the ORDINARY procedure, and corresponds to

PARENTALITY AND FILIATION, and its purpose is that the sentence establishes THE

DECLARATION OF JUDICIAL RECOGNITION OF PATERNITY AND

AFFILIATION OF THE CHILD LUIS DAVID SANTAY RAMIREZ, on behalf of

FROM THE STUDY OF ACTED ARE EXTRACTED THE

NEXT

I. FROM THE STATEMENT OF CLAIM: The claimant Mrs. AMALIA

MAGDALES SANTAY RAMIREZ, through a formal complaint, appeared to

this court filing an Ordinary lawsuit for Paternity and Filial Relationship against

Mr. JORGE LUIS SANTA ANDREA, presenting the following: That with the

the defendants maintained a relationship and as a result of that relationship they procreated

two-year and eight-month-old Luis David Santay Ramírez,

being registered only with the mother's surnames as stated in the

birth certificate certification that is part of the case, due to the denial of the

defendant for not recognizing it. That the defendant as of this date has not

demonstrated a genuine interest in legally knowing his son Luis David

Santay Ramírez, who is two years and eight months old, continues to refuse.

in helping you with the child. That as it is a right of your minor child and with the purpose

that the best interests of the child prevail, which is a guarantee that must be

applying in every decision made regarding childhood is mandatory and

inexcusable that the now defendant complies with what the law stipulates in

relationship that every child has the right to have their identity, including the

nationality and the name, knowing their parents and being cared for by them. Therefore,

that initiates the present ORDINARY TRIAL OF PATERNITY AND FILIATION

because how is it possible that the rights of your youngest child are being violated

that like every child must enjoy protection, care, and assistance
consequently, the right to use the paternal surname and to be fulfilled

registered in accordance with the law. And in order to restore the right that

The legislation recognizes that having a name must declare the relationship.

paternal-filial relationship of Mr. Jorge Luis Santa Andrea, with his son Luis David Santay

Ramirez and obtaining certainty from the law recognizing a paternity

undoubtedly provides permanent, firm, and lasting stability so that

promotes Ordinary Lawsuit of Paternity and filiation and due to the constant

indications that cast doubt on his paternity request that the

DNA acid test in order to establish the relationship

paternal filiation of his son Luis David Santay Ramírez to determine the relationship

biological kinship. The plaintiff substantiated her right and made her

requests for both procedure and judgment.

II. ON THE RESPONSE TO THE COMPLAINT: The defendant Mr. JORGE

LUIS SANTA ANDREA did not appear to answer the lawsuit filed against him.

against the legal deadline, therefore in a resolution dated April twenty-sixth of the

In two thousand twelve, he was declared in REBELLION at the request of one party.

III. ON RECOUNTERCLAIMS AND EXCEPTIONS

INTERVIEWEES:------------For not having opposed the defendant JORGE LUIS

SANTA ANDREA, counterclaim or any exception established by law, not

exists none pronouncement to the

regarding.

IV) OF THE FACTS SUBJECT TO PROOF:-----------------------------------------------

DAVID SANTAY RAMIREZ. B) That the plaintiff gave birth to the minor Luis David

Santay Ramírez, who at the time of filing the lawsuit had

two years and eight months old. C) That the defendant JORGE LUIS SANTA

ANDREA has refused to acknowledge the child Luis David as her legitimate son.

Santay Ramírez. D) The refusal of the defendant JORGE LUIS SANTA ANDREA

in performing the scientific test of Deoxyribonucleic acid molecular genetics

(DNA).

V. ON THE LEGAL CONSIDERATIONS THAT WARRANT

VALUE OF THE TESTS TAKEN: ----------------------------------------------------

Children born out of wedlock enjoy the same rights as those

children born of marriage… When parentage does not result from marriage nor from

the registered common-law union established by the parents is established and proven with

relationship to the mother, simply by the fact of birth; and, with respect to the father, by

the voluntary acknowledgment, or by court ruling that declares parenthood...

Voluntary recognition can be made 1... 2... 3... 4... 5. By confession

judicial. In the last three sections of this article, it must be presented to the

Civil registrar testimony or certification of the document in which it states the

recognition for your registration and annotation of the birth certificate

the child who is not voluntarily acknowledged has the right to

to request that filiation is declared judicially, and this right never prescribes

regarding him... paternity can be judicially declared... 1... 2... 3... 4

When the father has lived marital life with the mother during the time of

the conception…. It is presumed the children of the parents who have lived

marriage-wise... The voluntary and judicial recognition with declarative acts

of parenthood, and consequently take effect from the date of

birth of the child. There can be no transaction regarding the quality of the child nor

any commitment; but regarding monetary rights, that may

deduced from the filiation. Proof to the contrary, against the presumption of the article

previously, no other tests are accepted other than the genetic molecular acid test.

Deoxyribonucleic acid DNA, as well as having been physically impossible for the husband.

to have access with your spouse during the first one hundred twenty days of the

three hundred that preceded birth, illness, impotence or any

father, mother and child, ordered by competent judge, their refusal will be considered as

paternity test, unless proven otherwise. The acid test

Deoxyribonucleic acid DNA, must be ordered by a competent judge, being able to

carry out in any public or private institution, national or

foreign specialists in this subject, this means of evidence this means of

the test must comply with the requirements established by law for its

admissibility.

VI. CONSIDERING WHICH OF THE FACTS ARE SUBJECT TO DISCUSSION

IT IS ESTIMATED PROVEN: "The parties have the burden of proving their

respective propositions of fact. Whoever claims something must prove the facts

extinctives or the circumstances preventing that claim. Without prejudice to the

application of the preceding rules, the judges will assess according to what

established by law, the omissions or deficiencies in the production of the

"test." The courts, unless there is a contrary legal text, will assess the merit of

the evidence in accordance with the rules of sound judgment will discard in the

moment of issuing a sentence, the evidence that does not conform to the points of

facts presented in the lawsuit and its response." Thus, after

the stages of due process are carried out, proceed to the establishment of the

facts that were subject to testing and that they were corroborated with the

evidence presented in the process. a) That the plaintiff maintains a

romantic relationship with the defendant: JORGE LUIS SANTA ANDREA, and due to

from that relationship they procreated the child Luis David Santay Ramirez, this fact does not

It has been proven by virtue that the plaintiff Mrs. AMALIA MAGDALES SANTAY
the date of the filing of the lawsuit had two years and eight months of

age, this fact was attested by the claimant Mrs. AMALIA

MAGDALES SANTAY RAMIREZ, who offered and proposed at her opportunity

as evidence, the certification of birth certificate number three

one thousand six hundred thirty-one (3631) in the name of the child Luis David Santay

Ramírez, where it is recorded that upon appearing before the National Registry

People from the municipality of Tiquisate in the department of Escuintla made the

registration in her status as a single mother, therefore, the minor is registered with the

maternal surnames, which is corroborated with the document that is part of the case

which is given evidentiary value by virtue of having been issued by

public employee in the exercise of his position and was not challenged for nullity or

falsehood, therefore, produces full proof. C) That the defendant JORGE LUIS

SANTA ANDREA has refused to recognize the child Luis as his legitimate son.

David Santay Ramírez, this fact was not proven, due to the fact that the plaintiff

I do not believe such an extreme, although it is true that I present proof of the statement.

on behalf of Mr. JORGE LUIS SANTA ANDREA, but it

finds incomplete by not having requested that a confession be declared to the

demanded for which there is no evidence whatsoever. D) The defendant's denial

in performing the genetic molecular test of Deoxyribonucleic Acid DNA,

regarding this fact, it was not proven, as it is true and

It is recorded in the proceedings that the plaintiff offered and proposed at her opportunity as a means of

test the genetic molecular test of deoxyribonucleic acid DNA, which

it was ordered in a resolution dated May twelfth, two thousand twelve, it is also
SANTA ANDREA, as the actress AMALIA MAGDALES SANTAY RAMIREZ does not

they appeared at the hearing despite having been legally notified and

in time, so it was not possible to complete said means of evidence. Therefore

On June eighteenth of two thousand twelve, an order was issued to better adjudicate.

reorganizing the practice of the genetic molecular test of acid

Deoxyribonucleic acid DNA, which was not carried out again due to the

non-appearance of the parties both from the plaintiff and the defendant and that of

representative of the National Institute of Forensic Sciences, as stated in the reason

filed by the secretary of this court on the eighteenth of June of two

one thousand twelve, dated June twentieth, two thousand twelve, the National Institute of

Forensic sciences submitted via fax a letter informing that due to having

the audience in another court could not appear for the practice of said test due to

what by virtue of the content of said letter in resolution dated twenty-one of

June of two thousand twelve, a new hearing was scheduled for the presentation of evidence.

molecular genetics of deoxyribonucleic acid DNA, noted for the day

June twenty-eight, two thousand twelve, was suspended due to the fact that only

I present the representative of the National Institute of Forensic Sciences, Mr.

JORGE DESTARAC GODOY, not so again the plaintiff nor the defendant.

despite both having been legally notified and within the time frame of it

audience. Therefore, the plaintiff demonstrated no interest in having the

molecular test of Deoxyribonucleic Acid DNA, as it was necessary that

will be presented in the company of his minor son Luis David Santay Ramírez for the

practice of said test. In conclusion, a judgment cannot be issued.

controversial. In addition, the defendant was not subjected to the study

socioeconomic ordered since the social worker assigned to this court

I inform you that I became aware that the defendant lived on Second Street and

second avenue lot number one hundred of the Chalon colony in the municipality of Tiquisate

from the department of Escuintla, however, upon arriving at the place, I was informed of a

close relative who lived the defendant in that for a period of twelve years

address and according to what he found out, it was due to matters related to the lawsuit that

decided to change residence with his family unit that includes, to the

claimant in resolution of May twenty-first of two

one thousand twelve, it was made known to him to this extent who to date does not

I indicate another address in where could it be located

defendant Jorge Luis Santa Andrea.

VII. FUNDAMENTAL DOCTRINES OF LAW AND PRINCIPLES THAT

APPLICABLES TO THE CASE:

On the right to an identity.

to be a right and with the aim of ensuring the best interests of the child prevail that

it is a guarantee that should be applied in every decision that is made with

In relation to childhood, it is mandatory and unavoidable that the law is fulfilled.

establishes that every child has the right to have their identity included

nationality, the name, to know their parents and to be cared for by them, for which

must prevent the rights of a child to enjoy from being violated

from the protection, care, and assistance necessary to achieve an adequate

physical, mental, social, and spiritual development rights recognized from their
the law, to enjoy the right to equality. From the declaration of the relationship

parental - filial. With the aim of restoring the right recognized by the legislation

to have a name, the parent-child relationship must be declared and obtained

certainty on the part of the law, recognizing an undeniable paternity that

provide permanent, firm, and lasting stability. And due to the doubt of

Fatherhood must undergo the scientific acid test.

Deoxyribonucleic acid, DNA, by court order with the purpose of establishing the

parent-child relationship between the applicant's son and the defendant, for

determine the biological relationship of kinship, taking into account the high

degree of reliability that this technique can provide.---------VIII. ANALYSIS

FROM THE LAWS ON WHICH THE REASONING THAT

SUSPEND THE SENTENCE.

Due to the above, the facts under discussion are NOT deemed.

tested, due to this, the one who judges, in the ruling that concludes the present

process, when analyzing the file in the case at hand, determines that it does not

may issue a ruling in favor of the plaintiff's claims in

by virtue of the fact that during the corresponding procedural phase no evidence was provided

some that would corroborate the disputed facts and by virtue of article 126

of the Civil and Commercial Procedure Code, establishes: 'that the parties have the burden

to demonstrate their respective factual propositions. Anyone who claims something must

prove the constitutive facts of your claim; the one who contradicts the claim

The opponent must prove the extinguishing facts or the obstructive circumstances.

of that claim. Without prejudice to the application of the preceding rules,

arguments of the plaintiff AMALIA MAGDALES SANTAY RAMIREZ, in

how long he had a relationship with the defendant JORGE LUIS SANTA

ANDREA, and as a result of that romantic relationship, they had the minor LUIS.

David Santay Ramírez, were NOT accredited or supported due to the

the party during the corresponding procedural phase did not provide any evidence that

to corroborate the disputed facts. It is recorded that as stated in

the plaintiff did not appear at the three hearings set for the practice of

the scientific test of deoxyribonucleic acid, DNA. Therefore, the judge

based on article 222 of the civil code, determines that in

this kind of trials is the evidence is conclusive for

determine the kinship between the defendant and the child,

coming to the conclusion that a sentence cannot be issued

favorable to the claims of the plaintiff for the above reasons,

reasons why the statements should be made as required by law

correspond.

IX. ON THE PROCEDURAL COSTS:

In accordance with Article 573 of the Civil and Commercial Procedural Code regulates:

The judge in the ruling that concludes the process before him must

condemn the losing party to reimburse the costs in favor of the other party.

the present case is not considered bad faith on the part of the plaintiff, so

the result is to not condemn her to costs.

CITATION OF LAWS: Articles: 145, 150 of Decree Law 106 Civil Code, 1 to 12
110, 111, 112, 113, 116, 118, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132,

133, 134, 135, 142, 146, 149, 164, 165, 177, 178, 183, 186, 194, 195, 196, 197,

198 of the Decree Law 107 Civil and Commercial Procedural Code, 1, 2, 3, 5, 12, 28,

203, 204, of the Political Constitution of the Republic of Guatemala, 1, 10, 45, 51,

57, 58, 94, 108, 135, 141, 142, 143, 144, 145, 146, 147, 171, 172 of the Law of

Judicial Body.

THEREFORE: This Court based on the considerations and cited laws

I) DECLARE UNFOUNDED THE ORDINARY PATERNITY LAWSUIT

AND FILIATION, PRESENTED BY MRS.: AMALIA MAGDALES SANTAY

RAMIREZ, who acts as a mother and in the exercise of parental authority

of the child Luis David Santay Ramirez against JORGE LUIS SANTA ANDREA.

For the reasons previously considered, no special costs are imposed.

procedural to the defeated party. III) Notify.

LICDA. KIARA AMARILLIS BARÁN GARCÍA

JUDGE

MERCEDES GUADALUPE CORADO GOMEZ

SECRETARY
 ORDINARY PATERNITY AND FILIATION

No. 50-2012 Of. 4th. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

thirteenth of July two thousand twelve, at ten thirty

minutes, I proceed to notify at; SIXTH STREET FOUR HYPHEN SEVENTEEN

FROM ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

ESCUINTLA DEPARTMENT, the resolutions dated NINTH OF JULY

OF TWO THOUSAND TWELVE, issued by the FIRST COURT OF FIRST INSTACE

INSTANCE OF THE FIRST CIVIL BRANCH OF FIRST INSTANCE OF THE BRANCH

CIVIL DEL MUNICIPALITYDE SANTA LUCIA COTZUMALGUAPA,

KIARA AMARILLIS BARÁN GARCÍA, who was informed and for the record

He signed. I attest.

NOTIFIER
 ORDINARY PARENTAL AND FILIATION

No. 50-2012 Of. 4th. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

day THIRTEEN OF JULY of two thousand twelve, being TEN hours with THIRTY

minutes, I proceed to notify in; COURTS OF THE FIRST JUDGE OF

FIRST INSTANCE OF THE CIVIL BRANCH OF THE MUNICIPALITY OF SANTA LUCIA

COTZUMALGUAPA, ESCUINTLA DEPARTMENT, the resolutions of

date NINE OF JULY TWO THOUSAND TWELVE, issued by the COURT

FIRST OF FIRST INSTANCE OF THE CIVIL BRANCH OF THE MUNICIPALITY OF

SANTA LUCIA COTZUMALGUAPA, ESCUINTLA DEPARTMENT, to

copies of the law in your possession of, ________________ who became aware and

for the record, did NOT sign. I certify.

 ORDINARY DIVORCE BY DETERMINED CAUSE

No. 29-2012 Of. 4th. Not. 2nd.

FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH

MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA, DEPARTMENT OF

Escuintla, June sixth of the year two thousand twelve.

The court is ready to issue a ruling in the present divorce case.

FOR DETERMINED CAUSE, promoted in the ORDINARY route by EDUARDO

ALFONSO DE LEON LOPEZ against MARIA CELESTE ARRIAGA

GONZALEZ. The parties are civilly capable of appearing in court, both

with an address in the department of Escuintla. The plaintiff acts under the

address and representation of Lawyer Kiara Amarillis Barán García, having

zone one, of the municipality of Santa Lucia Cotzumalguapa; and the defendant MARIA

CELESTE ARRIAGA GONZALEZ, residing at Second Street and Third

Avenue, lot fourteen of the municipality of Santa Lucía Cotzumalguapa, acted under the

address and procurement of Lawyer Kiara Amarillis Barán García, having

designated as the place to receive notifications the professional office located at

the third street lot two hundred three of the second avenue, zone one of

municipality of Santa Lucía Cotzumalguapa, the professional office of the Lawyer

aforementioned, located at third street lot two hundred three of the second

Avenue, zone one of the municipality of Santa Lucía Cotzumalguapa.

CLASS, TYPE, AND OBJECT OF THE PRESENT PROCESS:

The present trial is processed through the ORDINARY route and corresponds to DIVORCE.

ORDINARY FOR DETERMINED CAUSE, and is intended that in judgment

the divorce declaration is made for the determined cause of

Mr. Eduardo Alfonso de Leon Lopez and Maria Celeste

ARRIAGA GONZALEZ, ------------------------------------------------------------------------

FROM THE STUDY OF THE ACTED, THE FOLLOWING ARE EXTRACTED

SUMMARIES:-----------------------------------------------------------------------------------------

I. FROM THE COMPLAINT: The plaintiff Mr. EDUARDO ALFONSO

DE LEON LOPEZ, by means of a memorial presented to this court on the tenth

stating that on the sixth of October two thousand five he/she got married to

Ms. MARIA CELESTE ARRIAGA GONZALEZ, which she does with the

certification of the marriage certificate, also stating that they chose the
today demanded with the date of October fifteenth of two thousand ten, without there being

for any reason, he/she left the marital home, abandoning it, in a manner

voluntary, causal invoked for the divorce being requested. The plaintiff

basis on law and made his requests both procedural and of

sentence.

II. FROM THE RESPONSE OF THE DEMAND: The claimant

Mrs. Maria Celeste ARRIAGA GONZALEZ,

appeared answering the demand in a negative sense,

on March thirtieth of two thousand twelve, claiming that what was stated by the

the actor is completely false and filed a peremptory exception of NON-EXISTENCE OF

GROUNDS FOR FILING FOR DIVORCE BY THE PLAINTIFF, as she

was forced to leave the marital home because her husband was abusing her.

he was hitting and the day the actor indicates that he left home was because he saw himself

forced to leave the home that she had formed as a couple. The defendant

foundation on the right and made his requests both for procedure and for

sentence.----------------------------------------------------------------------III. DE THE

PEREMPTORY EXCEPTIONS FILED:

A) FROM THE PEREMPTORY EXCEPTION OF NON-EXISTENCE OF THE CAUSE

SERVED BY THE PLAINTIFF TO REQUEST DIVORCE.

The defendant based the exception on the fact that she at no time in

voluntarily and without any reason I left the marital home that

she had formed with her husband, but on the contrary, it was the actor who pulled her out of
September fifteenth, two thousand ten. When beginning to analyze the proposal

previously, the procedural records and what the law establishes, the judge is of the

criterion for declaring this exception admissible, since the defendant with the

testimonial statements given as evidence in the trial of PEDRO PABLO

BARRIOS PORTILLO AND LUCRECIA MARISOL PEREZ PEREZ, and the respective

medical certification, I show before this court that she was forced to leave

from the conjugal home they had formed with her husband because he

constantly subjected her to beatings and mistreatment and that specifically on the day

the actor indicates that she left the marital home voluntarily and without

the reason was that the actor assaulted the respondent and took her out of his house,

situation that highlights the reason invoked by the plaintiff to request the

divorce does not exist and the evidence he presented in his favor, in the opinion of

of the judge who performs the legal, logical, mental operation between them,

the medical certifications are added in which it is stated that the defendant

she was treated several times by him for injuries caused by her husband, in such

order of ideas when analyzing the aforementioned testimonial statements,

according to the rules of sound criticism and the assessed evidence established for the

documents, it is evident to declare the origin of this exception and so it must

to be resolved.

IV) OF THE FACTS SUBJECT TO EVIDENCE:

a) That the plaintiff married the defendant MARIA CELESTE

ARRIAGA GONZALEZ b) On the existence of voluntary abandonment for more than one

year on the part of the defendant as a fundamental basis for the dissolution of the
V. CONSIDERATIONS OF LAW THAT WARRANT

VALUE OF THE SUBMITTED TESTS:-----------------------------------------------------

What the substantive civil law establishes in its article 155: 'Marriage is

modify for the separation and it dissolves by divorce. They are

common causes for obtaining the separation or divorce..... 4.

The separation or abandonment volunteer of the house

to conjugate o the absence unmotivated for more than one

year.

VI. CONSIDERING WHICH FACTS ARE SUBJECT TO DISCUSSION

PROVEN ESTIMATES: "The parties have the burden of proving their

respective propositions of fact. He who claims something must prove the facts.

extinctive or the circumstances that hinder that claim. Without prejudice to the

application of the preceding rules, the judges will assess according to what

established by law, the omissions or deficiencies in the production of the

test". The courts, unless otherwise provided by law, will assess the merit of

the evidence, according to the rules of sound judgment, will dismiss in the

moment of passing sentence, the evidence that does not conform to the points of

facts presented in the complaint and its response." Thus, after

the stages of due process are carried out, the establishment of the

facts that were subjected to testing and that they were corroborated with the

evidence presented in the process. a) That the plaintiff contracted

marriage with the defendant MARIA CELESTE ARRIAGA GONZALEZ, which

I am accredited with marriage certificate number one hundred, folio ten of

book one of marriages from the National Registry of People, of the municipality of

Santa Lucia Cotzumalguapa, Escuintla department.

VII. CONSIDERING WHICH OF THE FACTS SUBJECT TO

DISCUSSION NOT ESTIMATED PROVEN: a) Regarding the existence of abandonment

volunteer for over a year on the part of the defendant as a fundamental basis

for the dissolution of the marriage bond, which was not proven as

according to the evidence provided by the defendant, it was established that she left

the house because the plaintiff took her out of the house and beat her.

VIII. ANALYSIS OF THE LAWS ON WHICH THE REASONING IS BASED

MAY THE SENTENCE REST.

Upon reviewing the proceedings, the judge specifically leans toward the

current ruling, as the validity of the peremptory exception is upheld

interposed by the defendant regarding the non-existence of the cause invoked by the plaintiff

to request the divorce, this court is of the opinion that the defendant

I distort the cause invoked by the plaintiff to request the divorce, the lawsuit of

the merit becomes inadmissible and thus it must be resolved.

IX. ON PROCEEDING COSTS:

In accordance with Article 573 of the Civil and Commercial Procedural Code regulates:

The judge in the ruling that concludes the process before him must

to condemn the losing party to reimburse the costs in favor of the other party. In

in this case, this court considers it appropriate to condemn the actor to pay

costs in favor of the defendant for having acted in bad faith by the plaintiff.
154, 155, of Decree Law 106 Civil Code, 1 to 12 Law on Family Courts,

1, 7,10, 12, 17, 24, 25, 26, 27, 28, 30, 31, 37, 44, 45, 50, 51, 61, 62, 63, 64, 65,

66, 67, 70, 71, 77, 79, 80, 81, 96, 97, 106, 107, 110, 111, 112, 113, 116, 118,

123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 142, 146, 149,

164, 165, 177, 178, 183, 186, 194, 195, 196, 197, 198 of

Decree Law 107 Procedural Code Civil and Commercial, 1, 2, 3, 5

12, 28, 203, 204, of the Political Constitution of the

Republic of Guatemala, 1, 10, 45, 51, 57, 58, 94, 108, 135,

141, 142, 143, 144, 145, 146, 147, 171, 172 of the Law of the Judicial Body.

----------

THEREFORE: This Court based on the considerations and cited laws

The resolver declares: I) TO GRANT THE PEREMPTORY EXCEPTION OF

NONEXISTENCE OF THE CAUSE INVOKED BY THE PLAINTIFF TO REQUEST THE

DIVORCE, which I am filing against the defendant MARIA CELESTE ARRIAGA

GONZALEZ, in this court. II) THE DIVORCE CLAIM IS DENIED

FOR A DETERMINED CAUSE promoted by Mr. EDUARDO ALFONSO

DE LEON LOPEZ. III) For the reasons mentioned above, a conviction is recorded against

the acting party, by virtue of being the defeated party, Mr. EDUARDO ALFONSO

DE LEON LOPEZ. IV) Notify.

 JUDGE

MERCEDES GUADALUPE CORADO GOMEZ

SECRETARY
 ORDINARY DIVORCE BY DETERMINED CAUSE

No.29-2012 Of. 4th Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

Ninth day of June two thousand twelve, at ten thirty o'clock

minutes, I proceed to notify at; SIXTH STREET FOUR DASH SEVENTEEN

FROM ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated SIXTH OF JUNE

FROM TWO THOUSAND TWELVE, issued by the FIRST COURT OF FIRST INSTANCE
DEPARTMENT OF ESCUINTLA, to EDUARDO ALFONSO DE LEON LOPEZ,

by means of a certificate together with the legal copies in the possession of LICDA.

KIARA AMARILLIS BARÁN GARCÍA, who is informed and for the record

He signed. I bear witness.

NOTIFIER
 ORDINARY DIVORCE FOR DETERMINED CAUSE

No. 29-2012 Of. 4th. Not. 2nd.

In the municipality of Santa Lucía Cotzumalguapa in the department of Escuintla, the

Ninth of June two thousand twelve, at ten thirty.

minutes, I proceed to notify at; SIXTH STREET FOUR DASH SEVENTEEN

FROM ZONE ONE, OF THE MUNICIPALITY OF SANTA LUCIA COTZUMALGUAPA,

DEPARTMENT OF ESCUINTLA, the resolutions dated JUNE SIXTH

FROM TWO THOUSAND TWELVE, issued by the FIRST COURT OF FIRST INSTANCE
ARRIAGA GONZALEZ, by means of a certificate together with the copies of

law in the possession of LICDA. KIARA AMARILLIS BARÁN GARCÍA, who remained

informed and for the record, YES, he/she signed. I attest.

NOTIFIER