Professional Documents
Culture Documents
Supplementary Degree Minutes
Supplementary Degree Minutes
Supplementary Degree Minutes
COURT OF FIRST INSTANCE OF THE CIVIL, FAMILY AND ECONOMIC COACTIVE BRANCH
JUAN FRANCISCO ESPAÑA NORIEGA, thirty-eight years old, single, bricklayer, Guatemalan
and of this address, I indicate as the place to receive notifications the professional office of
the lawyer who assists me, located on sixth avenue six dash ninety, zone one of this
population, to whom I confer the direction and prosecution, with my usual respect before the
FACTS
a fraction of urban real estate whose property title lacks the sine qua non formalities and
solemnities for its registration in the General Registry of Real Estate Property. respective,
b) The portion of the property that is the subject of these proceedings, whose legitimate
possession I hold, is located in Aldea Lo de Coy, zone one of the Municipality of Mixco,
Department of Guatemala, (without cadastral number), which shows a surface area of FOUR
URBAN.
c) The predicted property has the following measurements and boundaries: TO THE NORTH:
Forty-seven point twenty-five (47.25) meters, owned by Mirian Espa¤a Noriega, TO THE
SOUTH: Forty-six point twenty-two (46.22) meters, owned by Miguel Angel Espa¤a Noriega,
TO THE WEST: Ten point twelve (10.12) meters, owned by Narcisa Quisque G•mez and, TO
THE EAST: Nine point four hundred and sixty-five (9.465) meters, owned by Mrs. Engracia
d) I declare that said fraction of real estate does not have active or passive easements and, if
it has buildings, it is not registered in the General Registry of Real Estate Property of the
Central Zone, there are nor have been any litigations, limitations or judicial issues,
e) I declare Under Solemn Oath of Law, that I have possessed the portion of the property
referred to in a legitimate, continuous, peaceful, public manner, in good faith and in my own
name since August 3, 2000. one, by purchase made with Mr. CRISANTO ESPA¥A CANEL,
predecessor who owned the aforementioned property since the year of one thousand nine
hundred and fifty-three, also with the concurrence of the previously announced requirements,
possession n which I certify with JUST TITLE, consisting of the simple legalized copy of
public deed number one hundred and fifty-two, dated August 3, two thousand and one,
Barrera Men‚ndez, whom I allow myself to accompany, f) The multi-cited fraction of the
property referred to, does not have an open account number or tax registration, whose value I
propose Mr. FRANCISCO MENDEZ VASQUEZ, who must be informed of his appointment, for
the consequent legal effects, h) I propose the testimonial statements of JULIAN NAJARRO
FOUNDATION OF LAW
The Civil Code stipulates in article 620 the determining requirements for possession to
produce the effects of ownership, that is, the conditions for USUCAPION, as follows: "For
possession to produce the dominion must be founded on just title, acquired in good faith, in
a continuous, public, peaceful manner and for the time indicated in the law." The same Civil
Code, in article 633, stipulates: "In the case of real estate, possession for ten years, with the
other conditions indicated in article 620, gives the right to possessor to request its
supplementary title in order to be registered in the Property Registry. And finally the multi-
procedure established by the respective law, and the resolution approving them is the title to
For its part, the Law on Supplementary Titling, in article 1, determines: "The owner of real
estate who lacks a title that can be registered in the Property Registry, may request its
supplementary titling before the Judge of First Instance. The interested party must prove
legitimate, continuous, peaceful, public possession, in good faith and in their own name, for a
period of no less than ten years, and may add that of their predecessors, always that meets
the same requirements"... Just as happens in the present case. The same Law regulates in
article 2, leading part: "Only Guatemalans of origin can obtain supplementary title to real
estate."
1) Say, if it is true, that you are the owner of real estate located in the Municipality of Mixco,
department of Guatemala?
2) Tell the witness, if it is true, that you reside in the Municipality of Mixco, department of
Guatemala?
Aldea Lo de Coy, zone one of Mixco, Municipality of the department of Guatemala, which
4) Say the witness, if it is true, that the titleholder has owned the property that is the subject
of these proceedings, since August 3, 2001, whose possession has been legitimate,
continuous, peaceful, and public. , in good faith and in your own name?
5) Tell the witness, if it is true, that the titleholder obtained the property through a sale that he
6) If it is true, the witness must say that the owner's predecessor owned the property that is
good faith and in his own name since the year of One thousand nine hundred fifty three?
7) Does the witness say if it is true and to his knowledge that the property owned by the
8) Tell the witness, if it is true that the…surface area or extension of the property that is the
9) Say the witness, if it is true, that the multi-cited real estate owned by the titleholder lacks
11) Tell the witness, if it is true that the measurements and boundaries of the property
mentioned so many times are the following: TO THE NORTH: Forty-seven point twenty-five
(47.25) meters, owned by Mirian Espa¤a Noriega, TO THE SOUTH: Forty-five six point twenty-
two ( 46.22 ) meters, owned by Miguel Angel Espa¤a Noriega, TO THE WEST: Ten point twelve
( 10.12 ) meters, owned by Narcisa Quisque G•mez and, TO THE EAST: Nine point four
hundred and sixty-five ( 9.465 ) meters, with property of Mrs. Engracia G•mez SequŠn,
12) Does the witness say, if it is true, that the aforementioned real estate lacks registration in
the General Registry of Real Estate Property of the Central Zone? and,
thousand two, b) Fair title consisting of the Simple legalized copy of public deed number one
August 3, 2001, by Notary Amílcar Barrera Menández, c) Simple plan of the real estate object
been stated above, the stated legal foundations and individualized means of proof, I
PETITION
processing,
b) That with this memorial and attached documents, the formation of the respective file
begins,
c) The Direction and Procurement is deemed to be conferred on my part by the lawyer who
assists me,
e) The individualized means of proof are deemed to have been offered and the DOCUMENTS
f) That with a summons from the Attorney General's Office, the proposed testimonial
statements be received,
must be informed of the position placed on him, for his acceptance, discernment and other
legal effects,
h) The edicts are posted in the corresponding places, for the time indicated by the law,
i) The mandatory publications are ordered in the Official Gazette j) The neighbors of the
Mixco, department of Guatemala, in order for it to render its report in accordance with the
law.
BACKGROUND:
a) Once the meritorious proceedings are concluded, the Attorney General's Office is given a
hearing for the legal period and with or without its response, the resolution that corresponds
by law is issued, in which the SUPPLETORY TITLE OF THE REQUESTED REAL ESTATE IS
APPROVED and,
b) That at my expense and with the legal formalities, certification of the approving order be
CITALEGAL
Based on the cited articles and the following: From 616 to 624,632, from 635 to 638 of the Civil
Code; 25,26,27,29 30, 31,44,50,51,61, from 63 to 71, from 78 to 86, 106,107,108, from 126 to
129, from 142 to 149,161,164,177,186, 191,195y, from 401 to 404 of the C Civil and Commercial
Procedural Code; 2nd, 4th, 6th, 7th, 8th, 10, 11 and 14 of the Supplementary Qualification
Law; and 2nd. and 3rd. of Decree Law 128-85. ACCOMPANYING: Six copies of this memorial
TO YOUR HELP
Notary I attest: That the signature that precedes that of the Professional Assistance is
AUTHENTIC because it was signed in my presence on the day of today by Mr. JUAN
FRANCISCO ESPA¥A NORIEGA, a person of my knowledge. And the signatory signs again at
F)
IN FRONT OF ME:
SUPPLETORY QUALIFICATION No. 175-2001, Of. 2nd. ADELAIDA SPAIN NORIEGA requests
before this Court Supplementary Title of an URBAN real estate without construction located
in Aldea Lo de Coy, zone one of Mixco, department of Guatemala, with the following
measurements and boundaries. TO THE NORTH: Three measurements, like this: a) from point
zero to point one, 25.70 meters, owned by Don Juan Carlos Spain, b) from point one to point
two, 8.85 meters and, c) from point two to point three, 24.25 meters, both adjoin the property
of Mrs. Adelaida Espa¤a Noriega, TO THE SOUTH: 48.10 meters, with the property of Mirian
Espa¤a Noriega, TO THE WEST: 19.35 meters, with the property of Narcisa Quisque G•mez
and , TO THE EAST: 9.18 meters, with property of Engracia G•mez SequŠn, easement three
meters wide in between, with a surface area of 702.41 square meters. It has no active
easements, only a passive one or other limitation. For the purposes of the law, name the
people who have any interest. Mixco, Guatemala, January 2, 2002. FRANCISCO ANTONIO DE
LEON REGIL SAENZ, Secretary of the Coercive Civil, Family and Economic Court of First
Instance of the
Municipality of Mixco, department of Guatemala.
Mixco, on May 7, two thousand and one, at eight hours and thirty minutes, at the
headquarters of this Court, a person who says his name is JORGE LUIS RAMIREZ CACERES
appears before the undersigned Judge, assisted as appropriate, with the purpose of
assigning him the position of EXPERT MEASURER within the present process, proceeding
for this purpose to swear in the appearing party so that in the course of this procedure he
conducts himself only with the truth, thus offering to do so and to whom the relative
information is made known. to the crime of perjury, indicating that he is duly informed and
says that his name is exactly as it was written and that he is thirty-eight years of age, married,
a student, Guatemalan and of this address and residing at eighth street four dash zero one,
zone one of Mixco, Municipality of the department of Guatemala, identifying himself with the
neighborhood card number of order A SCRIPT ONE and registration forty-four thousand nine
hundred and eighteen, issued by the municipal mayor of Mixco, department of Guatemala,
document that was kept in view and is returned to you in this same act. He then informs him
of the position in the message which he accepts and promises to perform responsibly and in
accordance with the law, letting him know the consequences that this entails in case of non-
compliance, for which the Judge proceeds to formally assign him the position for the
purposes of law within the present process. This procedure is completed in the same place
and on the same date as its beginning, being eight hours and fifty-five minutes, which is
given by the appearing party and aware of its content, object, validity and other effects of law,
accepts, ratifies and signs it before the authorizing Judge and Secretary.
meters, all of them border the pitahaya farm, property of Mrs. Tomasa Gramajo, widow of
López, I don't know if she has another last name, on the way to Chiquirines in the middle, TO
THE SOUTH: From point twenty-one to twenty, six point zero three ( 6.03) meters, owned by
Mr. V ctor Arturo AlburŠz Rodrguez, TO THE WEST: Three measurements, like this: a) from
point one to point two, one thousand one hundred forty-two point forty-two (1142.42) meters,
b) from point two to point three A, two hundred ninety-eight point ninety-five (298.95) meters,
both adjoin the property of Mrs. Alicia AlburŠz G…lvez de Varona and, c) from point three A,
to point twenty-one six hundred sixty-and six point seventy-nine (666.79) meters, with
property of Luis Sarbelio AlburŠz Rodr guez and, TO THE EAST: Five measurements, like
this: a) from point twenty to point twenty-two, six hundred and sixty point thirty-one (660.31)
meters, with properties of Byron Rigoberto AlburŠz Rodr guez and Blanca Margarita AlburŠz
Rodr guez, b) from point twenty-two to point twenty-three, two hundred ninety-eight point
sixty-eight (298.68) meters, owned by Blanca Margarita AlburŠz Rodr guez, c) from point
twenty-three to point eighteen, eight hundred seventy point fourteen (870.14) meters, owned
by Blanca Margarita AlburŠz Rodr guez, d) from point eighteen to point fourteen, two hundred
sixty-four point ninety-eight (264.98) meters, owned by Blanca Margarita AlburŠz Rodr guez
and, e) from point fourteen to point fifteen, three hundred forty-nine point twenty-two (349.22)
meters, with the La Ventana farm, property of Don Ram•n L•pez, without another surname?,
7) Tell the witness, if it is true that the aforementioned real estate owned by Mr. Rigoberto
Say, if it is true, that the aforementioned real estate lacks registration in the Second Real
b) Fair Title consisting of the simple legalized copy of public deed number two hundred and
2000, by Notary Amí lcar Barrera Men‚ndez, c) lanodelbien Property object of these voluntary
procedures for supplementary certification, signed by the civil engineer Mr. Carlos H. Castillo
Mancilla and, d) PRESUMPTIONS: That inferences are made from the facts presented. For the
aforementioned,
foundations of law stated and means of evidence expressed, I respectfully formulate the
following.
PETITION
COURT OF FIRST INSTANCE OF THE CIVIL, FAMILY AND ECONOMIC COACTIVE BRANCH,
OSCAR ENCARNACION CAAL BOROR, thirty-one years old, single, accounting expert,
Guatemalan and of this address, indicated as the place to receive notifications the
professional firm of the lawyer who is assisting me, located on sixth avenue six gui ¢nineties,
zone one of this population, to whom I confer the direction and prosecution, with my usual
respect before the judge, I appear to: PROMOTE IN THE VOLUNTARY JURISDICTION
FACTS
a fraction of urban real estate whose title of ownership lacks the sine qua non formalities and
solemnities for its registration. ¢n in the respective General Registry of Real Estate Property,
b) The portion of the property that is the subject of these proceedings, whose legitimate
possession I hold, is located at kilometer eighteen point seventy-five, lot nine, Inter-American
shows a surface area of FOUR HUNDRED THIRTY-FIVE (435.00) SQUARE METERS, whose
condition is URBAN,
c) The predicted property has the following measurements and boundaries: TO THE NORTH:
JosŠ Boror, Ram•n Espa¤and Carlos Boror, all without another surname, TO THE WEST: Four
point fifty (4.50) meters, with property of Mr. Julio Campos without another surname, Inter-
American highway in the middle and, TO THE EAST: Seven point ten (7.10) meters, owned by
d) I declare that said fraction of real estate does not have active or passive easements and, if
it has construction, it is not registered in the General Registry of Real Estate Property of the
Central Zone, there are nor have been any litigations, limitations or issues pending judicial,
e) I declare Under Solemn Oath of Law, that I have possessed the fraction of the property
referred to in a peaceful, public manner, in good faith, continuing and in my own name, since
January seventeenth, January seventeenth, thousand nine hundred and ninety-seven, for a
purchase that was made with Mr. Vitalino Caal Hernández, who owned the aforementioned
property for more than eleven years, possession that he accredited with JUST TITLE,
consisting of the simple legalized copy of public deed number seventy, dated March 6, two
f) The multi-cited fraction of the aforementioned property does not have an open account
g) As an expert empirical measurer, I propose Mr. JORGE LUIS RAMIREZ CACERES, who
CHINCHILLA and Mr. JULIAN NAJARRO MAZARIEGOS, who are neighbors and residents of
FOUNDATION OF LAW
The Civil Code stipulates in article 620 the determining requirements for possession
to produce the effects of ownership, that is, the conditions for USUCAPION, as follows: "For
possession to produce the dominion must be founded on just title, acquired in good faith, in
a continuous, public, peaceful manner and for the time indicated in the law." The same Civil
Code, in article 633, stipulates: "In the case of real estate, possession for ten years, with the
other conditions indicated in article 620, gives the right to possessor to request its
supplementary qualification in order to be registered in the Property Registry. And finally, the
multi-cited Civil Code prescribes in article 634 that: "The supplementary qualification
procedures must be subject to the procedure established by the respective law, and the
For its part, the Supplementary Titling Law, in article 1, determines: "The owner of real estate
who lacks
of title registrable in the Property Registry, may request its supplementary title before the
Judge of First Instance. The interested party must prove legitimate, continuous, peaceful,
public possession, in good faith and in their own name, for a period of no less than ten years,
and may add that of their predecessors, always that meets the same requirements"... Just as
happens in the present case. The same Law regulates in article 2, leading part: "Only
TEST MEANS
JULIAN NAJARRO MAZARIEGOS, who will testify in accordance with the following
interrogation.
1) Say, if it is true, that you are the owner of real estate located in the Municipality of Mixco,
department of Guatemala?
2) Say, if it is true, that you reside in the Municipality of Mixco, department of Guatemala?
3) Say if it is true and if you are aware that Mr. OSCAR ENCARNACION CAL BOROR, owns an
urban property located at kilometer eighteen point seventy-five, lot nine, Inter-American
4) Tell the witness, if it is true that Mr. OSCAR ENCARNACION CAL BOROR, owns the
legitimate, continuous, peaceful, public, in good faith and in one's own name?,
5) Tell the witness, if it is true, that the property owned by Mr. OSCAR ENCARNACION CAL
BOROR was obtained through a purchase that he made with Mr. VITALINO CAAL
HERNANDEZ?
6) Say the witness, if it is true and to his knowledge, that the owner's predecessor owned the
7) tell the witness, if it is true that the owner's predecessor owned the property legitimately,
continuously,
8) Tell the witness if it is true that the property owned by the titleholder lacks registration and
9) Tell the witness, if it is true that the…area or surface area of the property that is the subject
10) Does the witness say, if it is true, that the multi-mentioned real estate owned by the
11) Tell the witness, if it is true that the property that is the subject of these proceedings has
construction?
12) Tell the witness, if it is true that the measurements and boundaries of the property
Seventy-five (75.00) meters, owned by Messrs. JosŠ Boror, Ram•n Espa¤ay, Carlos Boror,
without another surname , TO THE WEST: Four point fifty (4.50) meters, owned by Don Julio
Campos without another last name, inter-American highway in between and, TO THE EAST:
13) Say, if it is true, that the aforementioned real estate lacks registration in the General
b) Fair Title consisting of the simple legalized copy of public deed number seventy,
c) Simple plan of the real estate object of these voluntary supplementary titling procedures,
and d) PRESUMPTIONS: That they can be inferred from the facts presented. Based on what
has been stated above, the stated legal foundations and individualized means of proof, I
processing,
b) That with this memorial and attached documents, the formation of the respective file
begins,
c) The direction and representation of the lawyer who assists me is deemed to have been
granted on my part.
e) The individualized means of proof are deemed to have been offered and the DOCUMENTS
f) That with a summons from the Attorney General's Office, the proposed testimonial
statements be received, indicating the date and time for this purpose,
g) Mr. JORGE LUIS RAMIREZ CACERES is appointed as an expert empirical measurer, who
must be informed of the position placed on him, for his acceptance, discernment and other
legal effects,
h) The edicts are posted in the corresponding places, for the time indicated by the law,
i) The mandatory publications are ordered in the Official Gazette j) Of these Voluntary
Procedures for Supplementary Titling, the neighbors of the property, the object of these
Jurisdictional Body,
l) Likewise, at the procedural opportunity, a hearing be granted to the Municipality of Mixco,
Municipality of
department of Guatemala, in order to render its report in accordance with the law,
BACKGROUND:
a) Once the meritorious proceedings are concluded, the Attorney General's Office is given a
hearing for the legal period and with or without its response, the resolution that corresponds
by law is issued, in which the SUPPLETORY TITLE OF THE REQUESTED REAL ESTATE IS
APPROVED and,
b) That at my expense and with the legal formalities, a certification of the approving order be
CITALEGAL
Based on the cited articles and the following: From 616 to 624,632, from 635 to
638 of the Civil Code; 25, 26, 27, 29, 30, 31, 44, 50, 51, 61, from 63 to 71, from 78 to 86, 106,
107, 108, from 126 to 129, from 142 to 149, 161, 164, 177, 186, 191,195 and, from 401 to 404 of
the Civil and Commercial Procedure Code: 2o.,4o.,6o., 7o.,8o.,10.,11 and 14 of the
Supplementary Titling Law; and 2nd. and 3rd. of Decree Law 128-85. ACCOMPANYING: Eight
copies of this memorial and identified documents that I attach. IN MIXCO, MUNICIPALITY OF
F)
TO YOUR HELP
IN MIXCO, Municipality of the department of Guatemala, on March 7, two thousand and two, in
my capacity as Notary I attest: That the signature that precedes that of the professional
assistance is AUTHENTIC because it was signed in my presence on the day of today by Mr.
OSCAR ENCARNACION CAL BOROR, a person of my knowledge. And the signatory signs
F)
IN FRONT OF ME:
COURT OF FIRST INSTANCE OF THE CIVIL, FAMILY AND ECONOMIC COACTIVE BRANCH,
TRANSITO VELASQUEZ CANEL, sixty-nine years old, single, day laborer, Guatemalan and of
this address,
I indicate as a place to receive notifications the professional law firm of the lawyer who
assists me, located on sixth avenue six guen ninety, zone one of Mixco, to whom I confer the
direction and representation, with my customary respect before the Mr. Judge, I appear to:
PROMOTE IN THE
VOLUNTARY JURISDICTION "SUPPLETORY QUALIFICATION PROCEDURES", in accordance
FACTS
By birth I am Guatemalan by origin, owner of urban real estate, whose property title
lacks the sine qua non formalities and solemnities for its registration in the respective
b) The property object of these proceedings, whose legitimate possession I hold, has been
located at sixth avenue twenty-one guin forty-five, Aldea Lo de Coy, zone one of the
Municipality of Mixco, department of Guatemala, the which has a surface area of SIX
c) The predicted property has the following measurements and boundaries: TO THE NORTH-
( 27.70 ) meters, owned by Mrs. Aurelia and Don Eligio, both with the surname Castro,
it is unknown if they have another surname, TO THE SOUTH: Twelve point fifty-five ( 12.55 )
meters, owned by Don Marco Antonio Coromac Santos, eighth avenue in the middle, TO THE
WEST: Two measurements, like this: Forty-two point thirty (42.30) meters, owned by Mrs.
Bonifacia Chin, it is unknown if she has another surname and, b) Twelve point ten (12.10)
meters , with
property of Mrs. Juana Alvarez, it is unknown if she has another surname and, TO THE
EAST: Two measurements, like this: a) twenty-eight point eighty (28.80) meters and, b)
thirteen point fifteen (13.15) meters, both with property of Mrs. Irma Yolanda Aranda Mu¤•z.
d) I declare that said property does not have active or passive easements and, if it has
construction, it is not registered in the General Registry of Real Estate Property of the Central
Zone, there are nor have been any litigations, limitations or judicial, administrative or legal
e) I declare under Solemn Oath of Law that I have possessed the aforementioned property
since April thirteenth, nineteen seventy, my possession is accredited with fair title, consisting
of a simple legalized copy of the deed p. Public document number ninety-nine, dated April 2,
f) The multi-cited property does not have an open account number or tax registration, whose
g) As an expert empirical measurer, I propose Mr. JORGE LUIS RAMIREZ CACERES, who
h) I also propose the testimonial statements of Messrs. JULIAN NAJARRO MAZARIEGOS and
EDUARDO ALEJANDRO
FERNANDEZ CHINCHILLA, who are neighbors and residents of the Municipality of Mixco,
department of Guatemala.
FOUNDATION OF LAW
The Civil Code stipulates in article 620 the determining requirements for possession
to produce the effects of ownership, that is, the conditions for USUCAPION, as follows: "For
possession to produce the dominion must be founded on just title, acquired in good faith, in
a continuous, public, peaceful manner and for the time indicated in the law." The same Civil
Code, in article 633, stipulates: "In the case of real estate, possession for ten years, with the
other conditions indicated in article 620, gives the right to possessor to request its
supplementary title in order to be registered in the Property Registry. And finally, the multi-
cited Civil Code prescribes in article 634 that: "The supplementary qualification procedures
must be subject to the procedure established by the respective law, and the resolution
For its part, the Law on Supplementary Titling, in article 1, determines: "The owner of real
estate who lacks a title that can be registered in the Property Registry, may request its
supplementary titling before the Judge of First Instance. The interested party must prove
legitimate, continuous, peaceful, public possession, in good faith and in their own name, for a
period of no less than ten years, and may add that of their predecessors, always that brings
leading part: "Only Guatemalans of origin can obtain supplementary title to real
ALEJANDRO FERNANDEZ CHINCHILLA, who will testify in accordance with the following
interrogation.
1) Say, if it is true, that you are the owner of real estate located in the Municipality of Mixco,
department of Guatemala?
2) Say, if it is true, that you reside in the Municipality of Mixco, department of Guatemala?
3) Say if it is true and if you are aware that Mr. TRANSITO VELASQUEZ CANEL is the owner
and possessor of an urban real estate located on sixth avenue twenty-one guin forty-five,
zone one of Mixco, department of Guatemala, whose possession has been legitimate,
4) Tell the witness, if it is true, that the property owned by Mr. TRANSITO VELASQUEZ CANEL
was obtained by voluntary partition that he celebrated with his brothers TOMASA, FELIPA,
5) Tell the witness, if it is true, that Mr. TRANSITO VELASQUEZ CANEL has owned this
6) Say if it is true and to your knowledge, that the worthy property owned by the titleholder
7) Tell the witness, if it is true that the…area or surface area of the property that is the subject
8) Tell the witness, if it is true, that the multi-cited real estate lacks active and passive
easements?
9) Tell the witness, if it is true, that the property mentioned so many times has construction?
10) Tell the witness, if it is true that the measurements and boundaries of the property that is
the subject of these proceedings are the following: TO THE NORTH-EAST: Twenty-seven
point seventy (27.70) meters, owned by Mrs. Aurelia and Mr. Eligio, both of last name Castro,
it is unknown if they have another last name, TO THE SOUTH: Twelve point fifty-five (12.55)
meters, owned by Mr. Marco Antonio Coromac Santos, eighth avenue in between, TO THE
WEST: Two measurements, like this: a) Forty-five two point thirty (42.30) meters, owned by
Mrs. Bonifacia Chin, it is unknown if she has another surname and, b) Twelve point ten
(12.10) meters, owned by Mrs. Juana Alvarez, it is unknown if she has another surname and,
Aranda Mu¤•z?
11) Say, if it is true, that the aforementioned real estate lacks registration in the General
two,
b.1) Fair Title consisting of the simple legalized copy of public deed number ninety-nine,
b.2) Plan of the real estate object of these voluntary supplementary titling procedures, signed
by engineer Roberto Guevara Aparicio, member number two thousand six hundred and sixty-
five and,
C) PRESUMPTIONS: That they are inferred from the facts presented. Based on what has been
stated above, the stated legal foundations and individualized means of proof, I respectfully
PETITION
processing,
b) That with this memorial and attached documents, the formation of the respective file
begins,
c) The direction and representation of the lawyer who assists me is deemed to have been
granted on my part.
e) The individualized means of proof are deemed to have been offered and the DOCUMENTS
f) That with a summons from the Attorney General's Office, the proposed testimonial
statements be received,
g) Mr. JORGE LUIS RAMIREZ CACERES is appointed as an expert empirical measurer, who
must be informed of the position placed on him, for his acceptance, discernment and other
legal effects,
h) The edicts are posted in the corresponding places, for the time indicated by the law,
j) Of these Voluntary Procedures for Supplementary Titling, the neighbors of the property, the
BACKGROUND:
a) Once the meritorious proceedings are concluded, the Attorney General's Office is given a
hearing for the legal period and with or without its response, the resolution that corresponds
issue certification of the approving car for the purposes of its registration.
CITALEGAL
Based on the cited articles and the following: From 616 to 624,632, from 635 to
638 of the Civil Code; 25,26, 27,29 30, 31,44,50,51,61, from 63 to 71, from 78 to 86, 106,107,108,
from 126 to 129, from 142 to 149,161,164,177,186, 191,195y, from 401 to 404 c Civil and
Commercial Procedural Code; 2nd, 4th, 6th, 7th, 8th, 10, 11 and 14 of the Supplementary
Qualification Law and, 2nd. and 3rd. of Decree Law 128-85. ACCOMPANYING: Eight copies of
this memorial and identified documents that I attach. IN MIXCO, MUNICIPALITY OF THE
And the applicant, because he does not know how to sign, leaves his digital impression,
doing so at the express request of Mrs. Karina Marleni Vel…squez, without another last name.
F)
IN YOUR AID
IN MIXCO, Municipality of the department of Guatemala, on April 8, two thousand and two, in
my capacity as Notary I attest: That the signature that precedes that of the Professional
request of Mr. TRANSITO VELASQUEZ CANEL, both are people of my previous knowledge.
And the signatory signs again at the end of this document, likewise Mr. Vel…squez CanŠl
F)
IN FRONT OF ME:
COURT OF FIRST INSTANCE OF THE CIVIL, FAMILY AND ECONOMIC COACTIVE BRANCH
VALERIANO CRUZ GOMEZ, sixty years old, single, electrotechnician, Guatemalan and of this
address, indicated as the place to receive notifications the Professional Law Firm of
lawyer who assists me, located on sixth avenue six dash ninety, zone one of this population,
to whom I confer the direction and prosecution, with my usual respect before the judge I
FACTS
a fraction of urban real estate whose title of ownership lacks the sine qua non formalities and
solemnities for its registration. ¢n in the respective General Registry of Real Estate Property,
b) The fraction of the property that is the subject of these proceedings, whose legitimate
possession I hold, has been located on nineteen street "A" ten dash zero one,
Guatemala, which has a surface area of THREE HUNDRED EIGHTY-THREE POINT SIXTY-FIVE
condition is URBAN .
c) The predicted property has the following measurements and boundaries: TO THE NORTH:
Ten point zero five (10.05) meters, with the Lehnsen School, a street in between, TO THE
SOUTH: Ten point zero five (10.05) meters, with warehouses of the Improalsa and Hyuntex
entities, TO THE WEST: Thirty-eight point fifteen (38.15) meters, with property of
HŠctor Balcarcel, it is unknown if he has another surname and, TO THE EAST: Thirty-eight
point twenty (38.20) meters, owned by Erika González, it is unknown if he has another
surname.
d) I declare that said fraction of real estate does not have active or passive easements and, if
it has buildings, it is not registered in the General Registry of Real Estate Property of the
Central Zone, there are not and have not been any litigation, limitations or judicial issues,
e) I declare Under Solemn Oath of Law, that I have possessed the portion of the property
referred to in a legitimate, continuous, peaceful, public manner, in good faith and in my own
name, through a purchase made with the Now LUISA ROSARIO HERNANDEZ ALVARADO,
possession that I certify with JUST TITLE, consisting of the simple legalized copy of the
public deed number ------------------date --------- --- of March of the year two thousand and one,
authorized in this Municipality by Notary Amílcar Barrera Men‚ndez, who I allow myself to
accompany,
f) The aforementioned fraction of the property referred to does not have an open account
QUETZALES.
g) As an expert empirical measurer, I propose Mr. JORGE LUIS RAMIREZ CACERES, who
FOUNDATION OF LAW
The Civil Code stipulates in article 620 the determining requirements for possession
to produce the effects of ownership, that is, the conditions for USUCAPION, as follows: "For
possession to produce the dominion must be founded on just title, acquired in good faith, in
a continuous, public, peaceful manner and for the time indicated in the law." The same Civil
Code, in article 633, stipulates: "In the case of real estate, possession for ten years, with the
other conditions indicated in article 620, gives the right to possessor to request its
supplementary title in order to be registered in the Property Registry. And finally, the multi-
cited Civil Code prescribes in article 634 that: "The supplementary qualification procedures
must be subject to the procedure established by the respective law, and the resolution
For its part, the Law on Supplementary Titling, in article 1, determines: "The
owner of real estate who lacks a title that can be registered in the Property Registry, may
request its supplementary titling before the Judge of First Instance. The interested party must
prove legitimate, continuous, peaceful, public possession, in good faith and in their own
name, for a period of no less than ten years, and may add that of their predecessors, always
article 2, leading part: "Only Guatemalans of origin can obtain supplementary title to real
FERNANDEZ CHINCHILLA, who will testify in accordance with the following interrogation.
1) Say, if it is true, that you are the owner of real estate located in the Municipality of Mixco,
department of Guatemala?
2) Say, if it is true, that you reside in the Municipality of Mixco, department of Guatemala?
3) Say if it is true and if you know that Mr. VALERIANO CRUZ GOMEZ, owns a fraction of
urban real estate located on nineteen street "A" ten hyphen zero one, Colonia San Ignacio,
4) The witness must say, if it is true, that the title holder has owned the property that is the
subject of these proceedings, since November 20, 1985, whose possession has been
legitimate, continuous, peaceful, p public, in good faith and in its own name?
5) Tell the witness, if it is true, that the titleholder obtained the property through a sale that he
7) Tell the witness, if it is true that the…surface area or extension of the property that is the
8) Say if it is true that the multi-cited real estate property owned by the titleholder lacks active
10) Tell the witness, if it is true that the measurements and boundaries of the property
mentioned so many times are the following: TO THE NORTH: Ten point zero five (10.05)
meters, with the Lehnsen School, in the middle street, TO THE SOUTH: Ten point zero five
(10.05) meters, with warehouses of the Improalsa and Hyuntex entities, TO THE WEST: Thirty-
eight point fifteen (38.15) meters, owned by HŠctor Balcarcel, it is unknown if he has another
surname and, TO THE EAST: Thirty-eight point twenty (38.20) meters, owned by Erika
11) Say, if it is true, that the aforementioned real estate lacks registration in the General
of a simple legalized copy of the public deed number --------------------, authorized in the
and one, by Notary Amílcar Barrera Men‚ndez, c) Simple plan of the real estate object of these
voluntary procedures for supplementary titling and, d) PRESUMPTIONS: That they are
inferred from the facts presented. Based on what has been stated above, the stated legal
foundations and individualized means of proof, I respectfully allow myself to formulate the
following.
PETITION
processing,
b) That with this memorial and attached documents, the formation of the respective file
begins,
c) The Direction and Procurement is deemed to be conferred on my part by the lawyer who
assists me,
notifications,
e) The individualized means of proof are deemed to have been offered and the DOCUMENTS
statements be received,
g) Mr. JORGE LUIS RAMIREZ CACERES is appointed as an expert empirical measurer, who
must be informed of the position placed on him, for his acceptance, discernment and other
legal effects,
h) The edicts are posted in the corresponding places, for the time indicated by the law,
i) The mandatory publications are ordered in the Official Gazette j) Of these Voluntary
Procedures for Supplementary Titling, the neighbors of the property, the object of these
Mixco, department of Guatemala, in order for it to render its report in accordance with the
law.
BACKGROUND:
a) Once the meritorious proceedings are concluded, the Attorney General's Office is given a
hearing for the legal period and with or without its response, the resolution that corresponds
by law is issued, in which the SUPPLETORY TITLE OF THE REQUESTED REAL ESTATE IS
APPROVED and,
b) That at my expense and with the legal formalities, certification of the approving order be
CITALEGAL
to 71, from 78 to 86, 106,107,108, from 126 to 129, from 142 to 149,161,164,177,186, 191,195y,
from 401 to 404 of C of C Civil and Commercial Procedural Code; 2nd, 4th, 6th, 7th, 8th, 10, 11
and 14 of the Supplementary Qualification Law; and 2nd. and 3rd. of Decree Law 128-85.
ACCOMPANYING: Seven copies of this memorial and identified documents that I attach. IN
F)
IN YOUR AID
thousand and one, in my capacity as Notary I attest: That the signature that precedes that of
the Professional Assistance is AUTHENTIC because it was signed in my presence on the day
of today by Mr. VALERIANO CRUZ GOMEZ, a person of my knowledge. And the signatory
F)
IN FRONT OF ME:
Supplementary Qualification No. 05 - 2002
Officer: 3rd.
GUATEMALA.
JORGE ADOLFO GOMEZ CENTENO, of personal identification data known in the process
I EXPOSE
a) Respectable Mr. Judge, in the Court under your worthy responsibility I process voluntary
procedures for supplementary qualification, which are identified with the number zero five
b) This being the ideal procedural opportunity, I appear to present my witnesses, Messrs.
JULIAN
who will testify in accordance with the interrogation inserted in the memorial that gave rise to
c) That the day and time be indicated in order to evacuate the testimonial statements of the
proposed people.
FOUNDATION OF LAW
the
testimonial information, proposal, with citation of the Public Ministry ". By virtue of the
I ASK
a) That this memorial be admitted for processing and added to the judicial file of merit,
b) That with a summons from the Attorney General's Office, the day and time be indicated for
c) That the result of the same be taken as evidence on my part and in my favor.
CITALEGAL
Based on the cited article and: 20, 25 to 29, 44, 50, 51, 62, 63, 64, 66, 67, 68,
105, 107, 108, 126, 142, 143, 145 146 and 149 of the Civil and Commercial Procedure Code,
Extra. ACCOMPANYING: Three copies of this document. IN MIXCO, on January 22, 2002.
At the request of the person presented that he does know how to sign, but at the
IN YOUR AID
TITLE No.112-2001
OFFICER: 1st.
LORD JUDGE OF FIRST INSTANCE OF THE CIVIL, FAMILY AND ECONOMIC COACTIVE
I EXPOSE
I) As ordered in the first resolution issued within the proceedings of merit, the order to make
publications in the Official Gazette has been complied with as well as the posting of the
II) By virtue of what has been stated, I attach to this document the copies of the Official
Gazette, and the edict issued in the Municipality of Mixco, Municipality of the department of
Guatemala.
FOUNDATION OF LAW
Republic, which: "If the request is in accordance with the law, the Judge will order: That
edicts containing the names be published in the Official Gazette, three times during a month.
and surnames of the applicant and the precise identification of the property (location,
municipal address, extension, boundaries, current adjoining properties, buildings and crops
").
PETITION
a) This document is admitted, added to its antecedents and given legal status,
b) The respective edicts, copies of which I allow myself to accompany, are deemed to have
been published in the Official Gazette three times within a period of thirty days, being dated
February twenty-sixth, March twelve and twenty-seventh, all of two thousand two,
respectively, also the edict exhibited in the Municipality of San Antonio La Paz, Municipality
c) The edicts are considered fixed in the Court and in the Municipality of San Antonio La Paz,
Municipality of the department of El Progreso, for the term established in the Law of the
matter,
CITALEGAL
Commercial Procedure Code; 1st. and 7th. of the Supplementary Qualification Law.
ACCOMPANIED: Two Copies of this document, as well as two copies of the related edicts.
MIXCO, January 22, 2002. At the request of the person presented who does know how to
IN YOUR AID
qualification number: 112/2001
Officer: 1st.
LORD JUDGE OF FIRST INSTANCE OF THE CIVIL, FAMILY AND ECONOMIC COACTIVE
I EXPOSE
a) That having sent the file to the Attorney General's Office, this institution is of the opinion
PETITION
a) That it be admitted for processing and added to the judicial file of merit,
b) That since these proceedings have been concluded and there is a favorable opinion from
the Attorney General of the Nation, it is appropriate to issue the resolution that corresponds
by law, through which the aforementioned voluntary procedures and, at my expense and with
c) For the purposes of the notification, I expressly authorize that it be made to the solicitor of
the lawyer who assists me, Mr. JORGE LUIS RAMIREZ CACERES, as well as
any matter related to the same process.
CITALEGAL
Articles: 20, 25 to 29, 44,50,51, 62 to 64, 66 to 68, 106 to 108 and 126 of the Civil and
Commercial Procedure Code, 10th. and 11th. of the Supplementary Qualification Law.
Guatemala, on January 16, 2002. At the request of the person presented that she knows how
IN YOUR AID
Officer: 5th.
LORD JUDGE OF FIRST INSTANCE OF THE CIVIL BRANCH OF THE
DEPARTMENT OF SACATEPEQUEZ.
you,
I ASK
Supplementary Qualification, 405 and 406 of the Civil Procedure Code and
Officer: 1st.
LORD JUDGE OF FIRST INSTANCE OF THE CIVIL, FAMILY AND ECONOMIC COACTIVE
Guatemalan and of this address, I indicate as the place to receive notifications sixth avenue
six dash ninety, zone one of this Municipality, professional office of the lawyer who assists
I EXPOSE
a) I was proposed as an empirical measurer of these proceedings and appointed for the
purpose, discerning me and making me aware of the position placed on me, for the pertinent
legal effects,
subject of these voluntary supplementary titling procedures and, based on the knowledge I
possess and in strict application of the general land measurement rules, I verified the
measurement of the land. located on ninth avenue “A” nine dash fourteen, zone one of Mixco,
b.1) Surface Extension: THREE HUNDRED EIGHTEEN POINT FIFTEEN (318.15) SQUARE
METERS,
follows: a) Slightly broken line to the south of eight point zero five (8.05) meters; b) Slightly
broken line south of thirteen point seventy-two (13.72) meters; c) Slightly broken line south of
seven point sixty (7.60) meters; d) Line slightly broken to the south of three point ninety-
seven (3.97) meters, all adjoining the property of Mr. Rigoberto Gómez Toc, ninth avenue “A”
zone one of the Municipality of Mixco, in the middle. TO THE NORTH-EAST: Thirteen point
seventy-five (13.75) meters, with Mr. Juan Enrique Cruz Vásquez. TO THE NORTH-WEST:
Two measurements like this: a) Slightly broken line to the North-East of twelve point zero six
(12.06) meters, b) Slightly broken line to the North-East of seven point twenty-eight (7.28)
meters, both properly adjoin by Rigoberto Gómez Toc. TO THE SOUTH-WEST: Fourteen
point thirty-three (14.33) meters adjoining the property of María Isabel Gómez Castro.
FOUNDATION OF LAW
to the requirements indicated in article 61 of the Civil and Commercial Procedure Code, the
initial document of Supplementary Titling Procedures must contain a statement from the
applicant on the following points..... e) Proposal of an expert measurer, who may be empirical
or a collegiate professional.
TEST MEANS
In order to prove what was stated in the expository part, I am attaching a merit plan.
PETITION
a) The requested opinion is considered presented and with the plan that I allow myself to
c) That it be noted that I act under the Direction and Procuracy of the Lawyer who assists me,
d) THIS OPINION IS CONSIDERED RELEASED ON MY PART, IN MY QUALITY AS AN EXPERT
MEANS OF PROOF.
CITALEGAL
129,178 and 186 of the Civil and Commercial Procedure Code. ACCOMPANIMENT: Two
Copies of this document and the merit plan. IN MIXCO, ON JANUARY 10, 2005.
F)
TO YOUR HELP:
as Notary I attest: That the signature that precedes that of the Professional Assistance is
AUTHENTIC because it was signed in my presence today, by Mr. JUAN ALEXANDER SEQUÉN
ESPAÑA, a person of my knowledge. Who signed the opinion in his capacity as an expert
Qualification, identified with the number two hundred eighteen dash zero four, in charge of
the first officer and, promoted before the Judge of First Instance of the Civil Branch, Family
and Cooperative Economic of the Municipality of Mixco, Department of Guatemala, by Mr.
ALFONSO LEONEL MÉNDEZ ELÍAS. The signatory reads what is written, accepts it, ratifies
F)
IN FRONT OF ME:
FIRST COURT OF FIRST INSTANCE OF THE CIVIL BRANCH OF THE MUNICIPALITY OF
MARIA CRISTINA FUENTES SOTO DE SEQUEN, of personal identification data known in the
above process
identified, I respectfully appear and,
I EXPOSE
a) That in the document at the beginning of these proceedings I proposed Ms. ANDREA DEL
b) Later I proposed Mr. FRANCISCO GREGORIO MARTINEZ, with the aim of replacing Miss
ORANTES RAMOS,
c) Today, I once again request to replace Mr. Gregorio Martínez since, for reasons totally
beyond his control and mine, it will not be possible for him to render his opinion when the
d) For the reason stated above, I appear to propose Miss CARLOTA LORENA OSORIO
FOUNDATION OF LAW
PETITION
a) That this document be admitted for processing and added to its antecedents,
b) That Mr. FRANCISCO GREGORIO MARTINEZ (the last two are surnames) be replaced as
CITALEGAL
Procedure Code, 1st, 7th, 10 and 11 of Decree 49 - 79 of the Congress of the Republic.
ACCOMPANYING: Eight copies. Villa de Mixco, February twenty-third, one thousand nine
At the request of the person presented, who at the moment cannot sign and,
IN YOUR AID
Supplementary Qualification No. 172 - 00
Officer: 2nd.
LORD JUDGE OF FIRST INSTANCE OF THE CIVIL, FAMILY AND ECONOMIC BRANCH OF THE
HILDA TUN SOTO DE CARRANZA, of personal identification data known in the process
I EXPOSE
a) That within the aforementioned voluntary procedures for supplementary qualification, the
Attorney General of the Nation was given a hearing, believing that it is not appropriate to
access the request in the sense that one must fully identify to the witness LIDIA ALBERTO
RODAS
SIGUENZA, which is impossible on our part since said witness is outside the department of
Guatemala,
b) In accordance with our current legal system, I have the right to propose up to five
witnesses on each of the facts that must be accredited, which is why I proposed Mr.
ALBERTO RODAS SIGUENZA, whose proceedings were scheduled for November 7 at ten
o'clock sharp, at the court headquarters under her dignified charge, which could not be
CHINCHILLA and to propose Mr. JULIAN NAJARRO MAZARIEGOS as our witness. Today I
CHINCHILLA, who is civilly cap z, suitable and owner of real estate located in the Municipality
aforementioned memorial, pointing out for the day and time effect for your evacuation.
FOUNDATION OF LAW
Article 142 of the Civil and Commercial Procedure Code, the leading part, states that: "The
parties may prove their respective propositions of fact through witnesses, in cases where the
PETITION
a) That this document be admitted for processing, adding it to the judicial file of merit and,
b) That the day and time be indicated for the practice of receiving testimonial evidence,
CITALEGAL
based on the aforementioned article and, 44,51,62,63, from 143 to 146, 148 and 149 of the Civil
OF THE TWO THOUSAND AND ONE. At the request of the person presented, who does know
TO YOUR HELP
Degree Volunteer No. 112-2001.
Officer: 1st.
LORD JUDGE OF FIRST INSTANCE OF THE CIVIL, FAMILY AND ECONOMIC COACTIVE
ANGELA NU¥EZ GONZALEZ DE CHAVEZ, of known personal identification data and quality
with which she acted within the voluntary procedures identified above, I respectively appear
and,
I EXPOSE
a) in accordance with the pertinent laws and in accordance with the laws of the matter, these
proceedings are concluded and the previous dictate has been complied with, so it is
appropriate that they be substantiated in their final phase, that is, GRANT NEW HEARING TO
FOUNDATION OF LAW
are concluded, the judge will give a hearing for eight days to the representative of the Public
Ministry, and with or without his response, dictate resolution, in which the supplementary
conferred on it and,
b) Being in its final phase, the present voluntary procedures for supplementary qualification,
the Attorney General's Office of the Nation will be given a hearing by the legal term and with
its response or without it, it will be issue the respective order declaring: THE PRESENT
CITALEGAL
Based on the cited article and; 25,26,29,44,45,62,63 and 66 of the Civil and Commercial
Procedure Code, and 1o.7o. and 11 of Decree 49 - 79 of the Congress of the Republic.
ACCOMPANYING: Two copies. IN MIXCO, on May 9, 2002. At the request of the person
presented, who knows how to sign, but at the moment cannot do so and,
IN YOUR HELP.
Degree Volunteer No. 169-94
Notifier: 4th.
DEPARTMENT OF GUATEMALA.
VICTORIANO VICENTE only last name, with known personal identification data and quality
with which I acted within the voluntary procedures identified above, I respectively appear
and,
I EXPOSE;
a) That having been granted a hearing to the Public Ministry, this institution was of the
opinion that it was appropriate to approve these proceedings, so it is legal to issue an order
approving them.
FOUNDATION OF LAW;
Article 10 of the Supplementary Titling Law prescribes: "Once the proceedings are
concluded, the judge will give a hearing for eight days to the representative of the Public
response, or without it, issue a resolution, in which the supplementary degree will be
PETITION;
b) That the order be issued by means of which these proceedings are declared admissible
and that, at my expense and with the legal formalities, certification be issued for its
registration in the General Registry of Real Estate Property of the Central Zone.
CITALEGAL
Based on the cited article and; 25,26,29,44,45,62,63 and 66 of the Civil and Commercial
Procedure Code, and 1o.7o. and 11 of Decree -49-79 of the Congress of the Republic.
At the request of the person presented, who does know how to sign, but at the
Officer: 1st.
LORD JUDGE OF FIRST INSTANCE OF THE CIVIL, FAMILY AND ECONOMIC BRANCH OF THE
MUNICIPALITY OF MIXCO,
DEPARTMENT OF GUATEMALA.
I EXPOSE
a) As ordered in the first resolution of the procedure, the proposed testimonial statement has
been received, notification to the neighboring parties and, the opinion of the named expert
empirical measurer has been rendered, so it is the ideal procedural opportunity to resubmit
the respective file so that the Municipality of Retalhuleu, Municipality of the department of
Retalhuleu,
FOUNDATION OF LAW
"That the Municipality in whose jurisdiction the property is located renders within the
a) This application is admitted for processing and ordered added to the respective file and,
b) Due to the status of the present proceedings subject to supplementary qualification, THE
CITALEGAL
Articles; 20, from 25 to 29, 44, 50, 51, from 62 to 64, from 66 to 68, from 106 to 108 and 126 of
the Civil and Commercial Procedure Code; 6th. and 7th. of the Supplementary Qualification
present writing. IN MIXCO, on March 6, 2002. At the request of the person presented, who
TO YOUR HELP
LORD FOURTH JUDGE OF FIRST INSTANCE OF THE CIVIL BRANCH OF THE DEPARTMENT
OF GUATEMALA.
VICTORIANO VICENTE only surname, personal identification data known in the process
I ASK
a) Please order that the Secretariat of the Court make visible the supplementary qualification
procedures identified in the upper section, due to the urgent need to obtain data on what was
done in them, issuing them for the effect the respective judicial ruling.
CITALEGAL
1568, 30 Civil and Commercial Procedural Code, 112 and 162 of the Agency Law
Judicial. ACCOMPANYING: Two copies of this document. GUATEMALA CITY on May 16, one
At the request of the person presented, who does know how to sign, but at the
YOUR HELP
In the city of Guatemala, on May twenty-second of one thousand nine hundred and ninety-
seven, at nine o'clock before the undersigned Judge, authorizing Secretary and the
Processing Officer, a person appears for the purpose of giving a testimonial statement. so it
is protested in accordance with the following legal formula: "YOU PROMISE UNDER OATH
TO TELL THE TRUTH IN EVERYTHING YOU ARE ASKED TO WHICH YOU RESPOND IF I
PROMISE TO TELL THE TRUTH IN EVERYTHING YOU ARE ASKED", immediately afterwards
you are made aware of what regarding the crime of false testimony and well informed, he
says his name is: OLIVERIO BARRERA MEDRANO, seventy-one years old, single, farmer,
Guatemalan and residing in the department of Jutiapa, with residence on the Valle Dorado
farm, Aldea Las Moritas, Jalpatagua, Municipality of the department of Jutiapa and, is
identified with the neighborhood card number U - Twenty-two and registration twenty-two
one thousand three hundred and twenty-nine, issued by the municipal mayor of Jalpatagua,
Municipality of the department of Jutiapa, immediately afterward the legal questions are
directed to him to know the blemishes of the law and he states that he is not a relative, nor a
debtor, nor a creditor, nor a servant and that he is not has no interest in giving a statement,
which is why the questions inserted in the filing memorial of the present voluntary
procedures for supplementary qualification promoted by Mrs. Marlen Eldina Velasco are
Escobar de Men‚ndez, recording only the answer given to each of the questions: NUMBER
PERSONALLY. With nothing more to record, this document is finalized thirty minutes after its
beginning, read by the appearing party, accepts it, ratifies it and signs it.
qualification No.58-2001
Officer: 1st.
LUIS CATALAN UNIQUE SURNAME, of personal identification data known in the process
I EXPOSE
a) Mr. Judge in the court in his dignified charge I process voluntary procedures for
supplementary qualification
of the property located on eighth avenue four dash thirty-nine, zone one of the
That having referred the process in question to the Attorney General of the Nation, this
institution It was my opinion in a resolution dated October 2 of this year, that what was stated
1) a) That the promoter state whether or not the land constitutes excess property: "By this act
and under a solemn oath taken in accordance with the law and well aware of the penalty
related to the crime of perjury, I declare that the property that I claim holder no
constitutes excess ownership, since none of the adjacent properties belong to me, as
can be seen from reading the fair title and plan that appear in the merit file."
2) If your possession and that of the predecessor have been under all the requirements
established by the Supplementary Titling Law: "ALSO UNDER SOLEMN OATH TAKEN IN
ACCORDANCE WITH THE LAW AND WELL AWARE OF THE PENALTY RELATING TO THE
CRIME OF PERJURY , LET ME STATE THAT BOTH I AND MY PRECESSOR OWN THE
THE MENTIONED LAW, IN RESPONSE NUMBER FIVE, OF THE MEMORIAL WHICH GAVE
3) The opinion of the expert meter does not coincide with the report of the Municipality of
4) Attach a certificate of the record containing the visual inspection carried out on the
property to be owned, said report must be approved by the Municipal Council: FOR THIS
5) Attach the edict that must remain on the court bench: "EDICT TO BE ATTACHED IN DUE
OPPORTUNITY",
6) The requirement regulated in article 1 is met. of Decree 33-2000 of the Congress of the
Republic. "IN THIS CASE, AS STATED IN THE SECOND PARAGRAPH OF THE MENTIONED
ARTICLE, IT IS NOT NECESSARY TO COMPLY WITH THE MENTIONED ARTICLE, SINCE THE
PETITION
b) That the previous dictates by the OFFICE GENERAL OF THE NATION, contained in the
c) That the file in question be sent again to the ATTORNEY GENERAL OF THE NATION, in
CITALEGAL
Articles: 20, 25 to 29, 44, 50, 51, 62, 66, 67, 69, 70, 71, 72 and 186 of the Civil and Commercial
Procedure Code.
At the request of the person presented that he does know how to sign,
HELP