The fifth Chamber of the Administrative Contentious Court, constituted in the Constitutional Court of Amparo, granted a provisional protection to the new authorities of the College of Bar Associations and Notaries of Guatemala (CANG) to take possession of the position this March 20, 2025.
The amparo 01145-2025-00075 indicates that the appeal raised by lawyer Percolfo Méndez against the Board of Directors of the College of Bar Associations of Guatemala 2023-2025 was admitted for processing.
The resolution of the Chamber indicates that the circumstances of the case make it advisable to decree the provisional amparo and orders the outgoing board of directors of the CANG to suspend and cease the claimed act, consisting of the threat, latent danger and true that it opposes, obstructs or does not completely specify the transmission of command to the new board of directors, the Court of Honor and the Advisory Committee of Investments for the period 2025-2027.
The document adds that the Board of Directors of CANG 2023-2025 It must transfer the charges to the elected on March 20, 2025 “without delay and under the warning of incurring responsibilities of all kinds.”
Also, Le sets a period of two days to inform this court that has complied with the order.
The room too gave a period of 48 hours To the outgoing Board of Directors of the CANG to refer the background of the case, the resolution or resolutions that are related to the claimed act and their respective notifications, or present a circumstantial report.
For this March 20, the inauguration of the new Board of Directors and the Court of Honor of the Professional College was planned. The first organ was won by the form led by Patricia Gámez, while the second by Alicia Franco.
The elected authorities to integrate the Board of Directors and the Court of Honor of the Cang They pointed to the outgoing directive, chaired by Mario Siekavizza, to usurp functions and want to retain their positions.
The new leaders of the CANG had to take possession, but the outgoing directive told them that as long as an appeal that challenges the choice is not resolved, The transition and inauguration of the charges cannot be carried out.
On Tuesday, March 19 at 3:13 pm, a statement signed by Sherly Maldonado Vásquez, secretary of the Board of Directors of the Cang, reported on the decision not to renew the charges.
“As soon as the appeal raised by lawyers Diego Sagastume Vidaurre and Ricardo Sagastume Morales is not resolved, It is estimated to refrain from carrying out the transition and inauguration proceedings of the positions of the Board of Directors, Court of Honor and the members of the CANG Investment Advisory Committee for the 2025-2027 period.indicates the document.
This March 20, Patricia Gámez Barrera, new president of the CANG and the elected vice president to integrate the Court of Honor, Jorge López Oliva, along with other members of the winning payrolls presented themselves to assume their functions, but all the doors of the headquarters of the College, in zone 10 capital, were closed locked.
They offered a press conference and Gámez explained that the governing body of the elections of the school is the Electoral Court and that it enjoys independence, So the outgoing directive could not usurp those functions.
He added that the appeal that challenges the election should be resolved, but that that should not hinder the position.
“What hinders possession is that the facilities of the Bar Association, headquarters, are completely closed. It means that today there are no active work by the staff, there is no one available and we are not going to break locks to enter, because it is not the form,” said Gámez.
The exjude said that they arrived legitimately elected by the Assembly of the Bar Association and Notaries of Guatemala, where the professionals expressed their decision and that the Electoral Court, independently, validated the results of the election of the Board of Directors, the Court of Honor and the Investment Advisory Committee.
“The mandate granted to the Board of Directors 2023-2025 expired yesterday-March 19-at four in the afternoon. The act issued by her is invalid for being completely completely to law, he is void of full right,” said Gamez.
He added that a protocol act is not necessary to take possession as new authorities of the period 2025-2027.