Opening Remarks and Audience Conduct

Introduction by the Doctor

• The session is introduced by a doctor from the Civil Registry of Cantomrio Bamba, emphasizing the need for complete silence during the proceedings.

• Attendees are reminded that disturbances will not be tolerated, setting a formal tone for the audience.

Presentation of Parties

• The parties involved in the case are identified: on one side, Carlos Fabiér Pizco Fiarios with his legal representative; on the other side, José Manuel Castillo Andrade with his defense attorney.

• The context of the hearing is established as it relates to an extraordinary prescription of domain case numbered 06-335-2016-247.

Legal Framework and Authority

Article 80 Overview

• Article 80 of the Organic General Code outlines that only competent judges can direct hearings in various courts, ensuring adherence to rights and norms.

Judge's Responsibilities

• Judges have specific powers including moderating discussions, preventing irrelevant arguments, and managing evidence presentation effectively. They also control speaking time during proceedings.

Case Details and Controversy

Nature of Controversy

• The case involves a claim by Carlos Fabiér Pizco Fiarios regarding an extraordinary prescription of domain over property owned by José Manuel Castillo Andrade. This sets up the central conflict for discussion.

Acceptance of Controversy Object

• Both parties agree on the object of controversy, which allows for further proceedings to continue without dispute over this aspect.

Legal Exceptions Raised

Competence Exception

• José Manuel Castillo Andrade raises an exception based on jurisdictional competence due to his domicile being outside where the case is filed, requesting dismissal based on this argument.

Response to Exception

• The judge notes that there has been no legal foundation provided for this exception raised by Andrade’s attorney; thus, it does not warrant halting proceedings at this stage.

Conciliation Efforts

Attempted Mediation

• The judge emphasizes their duty to facilitate conciliation as per constitutional mandates but notes that neither party has proposed any settlement terms during this session. Thus, they must proceed with formal hearings instead of mediation efforts.

Evidence Presentation Guidelines

Transcript Summary Legal Proceedings Overview

Evidence Submission and Ownership Claims

• The public writing accompanying the German document serves as proof that José Manuel Castillo is the owner of the property in question, indicating no legal impediments to ownership transfer.

• A request is made for a certificate of encumbrances on the property, which will further confirm there are no obstacles to ownership claims.

Testimonial Evidence and Expert Reports

• Testimony from Mauricio Fabián Amiles González is requested to substantiate claims regarding the timeline of events related to property use.

• An expert report from engineer Nancy Cabrita is also sought, emphasizing its importance in validating claims made during proceedings.

Procedural Developments and Upcoming Hearings

• The court emphasizes adherence to procedural rules, ensuring all parties have opportunities to present their evidence in an orderly manner. This includes upcoming hearings scheduled for December 7th and December 10th.

• All parties must attend these hearings with their respective representatives, highlighting the structured nature of legal processes involved.

Courtroom Protocol and Conduct

• Attendees are reminded about courtroom decorum, including restrictions on electronic devices during proceedings to maintain order and focus.

• The judge outlines roles within the courtroom, confirming presence of both plaintiffs and defendants along with their legal counsel before proceeding with case discussions.

Authority and Responsibilities in Court Proceedings

• The presiding judge has exclusive authority over courtroom management, including moderating discussions and ensuring relevance during debates as per Article 80 of the Organic General Process Code.

Preliminary Hearing on Extraordinary Acquisition Prescription

Overview of the Hearing

• The preliminary hearing is set for Monday, November 23, at 10:30 AM, presided over by Judge Les Fiel Herrera in the civil unit of Cantón Río Mama.

• Carlos Gavier is the plaintiff, suing José Manuel Castillo Andrade for extraordinary acquisition prescription regarding a plot of land measuring 841 square meters named Yuminino.

Arguments Presented

• The defendant claims lack of jurisdiction; however, the plaintiff rejects this exception as invalid. The plaintiff asserts ownership and requests recognition of extraordinary acquisition prescription while the defendant maintains absolute ownership.

• The judge facilitates discussions between parties and continues with evidence presentation. The plaintiff submits various documents including public deeds and testimonies to support their case.

Evidence Submission

• The defendant presents evidence including land plans and expert testimonies to counter the claims made by the plaintiff. This preliminary hearing respects legal principles and aims to conclude proceedings efficiently.

Plaintiff's Testimony

• The plaintiff expresses gratitude for being heard and emphasizes their long-term use of the property since March 15, 1979, claiming peaceful possession without violence or interruption.

• They argue that denying them rights would undermine their livelihood as they have improved the land significantly over time.

Legal Justifications

• The plaintiff references Article 33 of Ecuador's Constitution which guarantees work as a fundamental right. They assert that their continuous use of the property justifies their claim for extraordinary acquisition prescription.

• Citing legal articles from Ecuadorian Civil Code regarding property rights and prescriptions, they argue against any notion that suggests abandonment or neglect on their part.

Conclusion of Arguments

• The plaintiff contends that the defendant cannot be considered an owner but merely a holder due to past agreements. They urge respect for constitutional rights during deliberations.

Legal Proceedings and Testimonies

Introduction to Legal Documentation

• The speaker requests the delivery of fully legalized documents regarding a property, indicating the importance of proper legal procedures in real estate transactions.

• A certificate is mentioned that accompanies a demand, asserting there are no impediments to the sale of the property.

Expert Testimony and Evidence Presentation

• An expert report is introduced, highlighting its relevance in legal proceedings concerning property disputes.

• The speaker emphasizes the need for clarity about ownership and possession of the urban property involved in the case.

Witness Statements and Legal Obligations

• The speaker urges witnesses to provide their personal details for record purposes during the hearing, underscoring procedural requirements.

• A witness discusses their background, emphasizing their credibility by mentioning family ties and experience relevant to the case.

Oath and Truthfulness in Testimony

• A warning is issued regarding perjury; witnesses are reminded of their obligation to tell the truth under penalty of law.

Witness Relationships and Observations

• Inquiry into how long a witness has known another party (Carlos Cabillero), establishing connections between individuals involved in the case.

• The witness describes Carlos Pico's activities related to land use, providing context for his involvement with the property over five years.

Property Use and Conditions

• Discussion on whether any construction has occurred on the land during this time frame; a witness confirms seeing temporary structures used as housing.

Identification of Other Parties Involved

• Questions arise about other individuals connected to Carlos Pico; one witness admits not knowing José Manuel Castillo Enrade, indicating gaps in knowledge among parties involved.

Further Clarifications on Land Usage

• Another witness is questioned about their relationship with Carlos Pico; responses suggest limited interaction or friendship.

Expert Insights on Property Characteristics

• An engineer introduces herself, affirming her qualifications while preparing to present findings related to land conditions.

• Detailed descriptions of land measurements are provided, including boundaries relative to neighboring properties which may impact ownership claims.

Agricultural Observations

• Witnesses discuss agricultural activities observed on-site, noting specific crops grown which could be relevant for assessing land value or usage rights.

Transcript Summary Legal Proceedings and Testimonies

Overview of the State and Economic Context

• The speaker notes a perfect state regarding economic conditions, specifically mentioning "mariz," though they admit limited knowledge in economics.

• Discussion revolves around measurements from a specific point (840 meters), indicating an inquiry into geographical or property-related matters.

Examination of Evidence and Documentation

• Reference to types of documents being scrutinized as evidence, with repeated mentions of "badoga," suggesting a focus on legal terminology or procedures.

• The conversation touches on property rights and responsibilities, hinting at potential legal implications for individuals involved.

Audience Conduct and Identification

• A request for silence in the audience indicates the formal nature of proceedings, emphasizing decorum during testimonies.

• An individual is asked to provide personal details such as name, surname, and nationality, highlighting procedural requirements in legal settings.

Presentation of Police Reports

• A police report is introduced as part of the evidence presented in court; it warns about potential penalties related to false statements.

• Inquiry into property dimensions suggests ongoing discussions about land ownership or disputes involving specific measurements (840 square meters).

Clarification on Expert Testimony

• Questions arise regarding the qualifications of an expert witness ("perito"), focusing on their credibility and experience over 28 years.

• The expert confirms their involvement in preparing reports related to agricultural conditions (maize cultivation), which may be central to the case's context.

Challenges to Evidence Validity

• Concerns are raised about discrepancies between reported findings and actual observations made by witnesses during inspections.

• Emphasis on verifying claims made during testimonies reflects a critical approach towards ensuring accuracy in legal proceedings.

Introduction of New Witnesses

• A new witness, Nancy Olmeco, enters the courtroom; her background is briefly outlined as part of establishing her relevance to the case.

• The witness affirms her identity and nationality while expressing readiness to provide testimony relevant to ongoing discussions.

Legal Framework References

• Mentioned are procedural rules governing courtroom conduct; these include consequences for non-compliance with attendance requirements.

Discussion on Legal Matters and Property Rights

Introduction to the Audience and Participants

• The speaker addresses the audience, emphasizing the importance of clarity in communication.

• Acknowledgment of a participant, José Manuel Castillo Andránez, indicating familiarity with legal proceedings.

Inquiry About Property Pricing

• A question is posed regarding the pricing of a property located in Enxambuí.

• Discussion about potential improvements in property value since previous assessments were made.

Clarification on Legal Representation

• The speaker expresses gratitude towards Mr. Perlito for his contributions.

• An appeal for fairness and opportunity is made by another participant, highlighting collaborative efforts.

Examination of Witnesses and Evidence

• Questions arise concerning witnesses related to the case, specifically mentioning Andrés' parish.

• Reference to Carlos Pico indicates an ongoing discussion about relevant individuals involved in the case.

Addressing Claims of Possession

• The speaker argues that discussions should focus on possession rather than personal disputes regarding residence.

• Emphasis on demonstrating that José Manuel Castillo's distance from certain locations does not affect legal principles being discussed.

Legal Framework Surrounding Property Acquisition

Definition of Extraordinary Prescription

• Introduction to extraordinary prescription as a means of acquiring ownership through possession over time.

Requirements for Validating Ownership Claims

• Explanation that good faith belief in ownership is necessary alongside just title according to civil code provisions.

Historical Context and Legal Precedents

• Discussion on historical understanding of property acquisition rights through long-term possession without force or interruption.

Legal Articles Referenced

• Article 2410 outlines conditions under which property can be claimed through prescription after 15 years of peaceful possession.

Evidence Presentation

• The speaker asserts that no evidence has been presented against their claims regarding peaceful use and possession by their client.

Conclusion and Final Arguments

Summary of Evidence Presented

• Request for consideration of documentary evidence supporting claims about property usage over time by Carlos Caber Pinto Fiarios.

Counterarguments Against Opposing Claims

Legal Proceedings and Property Dispute

Overview of the Case

• The speaker discusses ownership of a property, asserting that they have documented evidence proving their absolute ownership over the land in question.

• Citing Ecuadorian Civil Code Article 2411, the speaker emphasizes that possession for 15 years is necessary to claim ownership, arguing that the opposing party has neglected their land.

• The speaker mentions financial obligations incurred to acquire the property, highlighting unfairness in the opposing party's attempt to claim it.

Arguments Presented

• The speaker requests dismissal of the demand against them, advocating for recognition of their rights over the property based on established legal principles.

• A summary of the case is provided, detailing parties involved and referencing a notarized document from March 1977 establishing property boundaries and dimensions.

Evidence and Testimonies

• The speaker claims peaceful possession of the property since October 1977, supported by basic utilities like water and electricity being present at the site.

• The opposing party argues lack of improvements or services on their part, questioning compliance with legal requirements for claiming prescriptive rights.

Court Proceedings

• Mention is made of absent parties (mayor and prosecutor), indicating procedural challenges faced during hearings.