CATHEDRATIC:

ABG. VICTOR ANTONIO CALIX PONCE

SUBJECT:
ADMINISTRATIVE PROCEDURAL PRACTICE

Group #4

TOPIC:
Complete Administrative Litigation File

ZOOM/
TIME:
SATURDAY
7:00 TO 10:00
A.M.

DELIVERY DATE
11-November-2021

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 Presented by:

TANIA YOSELYN SOLANO ROMERO 201730120042

KENIA MERCEDES FLORES MENDEZ 200640110215

KAREN JULISSA QUINTANA 200640210159

BLANCA SELENE CERRATO QUEZADO 201330010205

ASTRA VALESKA IRIAS GUZMAN 201061020056

LEANE LISBETH HERNANDEZ ACOSTA 201830010064

JULIO ALFREDO DIAZ VELASQUEZ 201910020134

LUIS ALBERTO ZEPEDA GONZALES 201920080031

MARCIO ISMAEL MORALES 200910620149

JORGE EDILBERTO BRIZO LOPEZ 201820010237

SINDY SUYAPA ARDON GOMEZ 201620060178

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 INTRODUCTION

This report contains information on the Preliminary Defense Hearing,

Preliminary Hearing, Evidentiary Hearing, and Judgment, which took place
in the Administrative Court of Appeals of Tegucigalpa. The preliminary
defenses were presented in the COMPLAINT FOR A DECLARATION OF
THE NULLITY OF AN ADMINISTRATIVE ACT IN PERSONNEL
MATTERS. - RECOGNITION OF A LEGAL SITUATION .
INDIVIDUALIZED FOR THEIR PROMPT REINSTATEMENT. –
REINSTATEMENT IS ORDERED UNDER THE SAME OR BETTER
CONDITIONS THAN THOSE PREVAILING AT THE TIME OF
ISSUANCE OF THE AGREEMENT TO CANCEL THE
APPOINTMENT. PAYMENT OF LOST WAGES AS DAMAGES. -
SALARY INCREASES AND OTHER COLLATERAL BENEFITS
DURING THE PENDENCY OF THIS LAWSUIT. -DOCUMENTS,
COSTS, POWER OF ATTORNEY ARE ENCLOSED. by the citizen
TANIA YOSELIN ZOLANO

CONTENTS

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THEORETICAL FRAMEWORK:

The lawsuit is the document through which a legal process is initiated, in which
the parties (defendant and plaintiff) will face each other.
It is the first procedural legal act that serves as a vehicle of the pretension
addressed to the jurisdictional organ, in the procedural legislation. A lawsuit is a
written petition formulated before a court of justice and also the written means
through which the plaintiff states some facts and reasons his claims against the
defendant, before a court, thus initiating a civil proceeding, in a broad sense
(civil, family, commercial, labor, contentious-administrative, etc.), constituting
the first act that initiates the procedural relationship.

DOCTRINE:

Hugo Alsina comments that the lawsuit is considered a skillful means to

exercise the right of action, this being the common way of exercising the right.
In most systems it must be written, although exceptionally it may be verbal, in
some oral proceedings.

Sergio Alfaro defines it as: A document whose presentation to the authority

(judge or arbitrator) has the purpose of obtaining the initiation of a proceeding to
substantiate in it, as many processes as the plaintiff has claims to be satisfied
by a person other than the authority.

Once filed before the competent court, the lawsuit must be accepted for
processing, by means of a resolution, and the defendant must be summoned
(that is, notified and given a term to answer the lawsuit).

According to our Honduran Code of Civil Procedure, all judicial proceedings

shall commence by means of a written complaint, in which the plaintiff shall file
the claim.
And in the demand shall be expressed, at least:
a) The precise designation of the court before which the action is brought and,
in the sum of the pleading, the indication of the procedural route that
corresponds to the claim.
b) The name of the claimant, his identity data and domiciliary address.
(c) The name and home or office address of the legal professional of the
The plaintiff, stating the fax number or the technical means that allows him to
receive direct communications from the court.
d) The name of the defendant and his domicile, if known, if any other address is
known
The provisions of this Code shall not be applicable;

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e) The facts on which the petition is based, set forth in numerical form, in the
following order
precise, orderly and clear.
f) The legal basis of the petition.
g) The request formulated, clearly and specifically stating what is requested,
indicating the value of the claim. When there are several requests, the
The latter shall be expressed with due separation. The petitions formulated in
the alternative, in the event that the main petitions are rejected, shall be made
in the following cases
The following are listed in their order and separately.
h) The offer of the pertinent means of evidence to prove each of the following
the facts that are in dispute.
(i) The place and date of filing and the signature of the claimant or the
claimant's representative or
proxy.
j) The accompanying annexes.

EFFECTS OF THE CLAIM:

1. From the filing of the claim, if it is admitted, the

lis pendens.
2. Lis pendens interrupts the statute of limitations, unless the plaintiff withdraws
the claim.
the lawsuit, abandon the proceeding or dismiss the case at any stage of the
proceedings, or
resource.

WITH RESPECT TO THE COURT:

It produces several obligations for the court, basically, to hear the arguments of
the litigants, process their submissions and resolve the case, generating the so-
called principle of inexcusability. That it is the procedural act that opens the
instance and determines the competence, given that the competence is
determined by the nature of the demanded pretension, and on the basis of the
facts exposed in the demand and the adduced right; independently of the
answer of the defendant and, therefore, without taking into account the
defenses used in the answer; with abstraction of the justice that could assist the
interested party.

WITH RESPECT TO THE PLAINTIFF:

It cannot initiate a new lawsuit against the defendant, on the same subject
matter, since in such a situation the defendant has the right to oppose by
alleging lis pendens (pending litigation).

WITH RESPECT TO THE DEFENDANT:

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It generates the procedural burden of appearing in court to defend himself,
otherwise the trial may be conducted in absentia.

SUBSTANTIAL EFFECTS
 It constitutes the debtor in default.
 Interrupts the running of the statute of limitations.
 The notification of the lawsuit interrupts the course of the statute of
limitations even if it is filed before an incompetent judge or, even if it is null
and void due to a formal defect. It prevents the extinction of rights subject to
expiration terms. Determines that the claimant has chosen one of the
alternative benefits if such a choice exists. Finally, it extinguishes the right to
try claims that are incompatible with the one asserted in the lawsuit.
 Upon service of process, the defendant is constituted in default and begins
to owe interest. Likewise, he becomes a holder in bad faith of the fruits
received and of those that he has failed to receive due to his negligence.

RESPONSIBILITY
The plaintiff, when filing the claim, may incur various types of liability:

PROCEDURAL LIABILITY: This translates into the payment of the costs

resulting from the trial. Generally, the plaintiff is liable for these when his claim
has been rejected for lack of merit.

CIVIL LIABILITY: It results in an indemnity to the defendant. The plaintiff may

incur in this type of liability when he/she has presented by his/her fault an
unfounded claim or makes an injurious imputation, causing a damage
assessable in money.

CRIMINAL LIABILITY: This results in a criminal sanction. The defendant may

incur this kind of liability if he or she commits a crime during the trial process,
such as presenting false witnesses or documents, or commits slander.

TYPES OF DEMAND THAT EXIST

PERSONAL CLAIMS:
Occurs when the claim for a given object is made by a single person.
Actions for cancellation or dismissal of public servants may be challenged, the
time limits for this procedure are reduced by half, in accordance with the answer
to the complaint and the presentation of evidence and pleadings, the judgments
issued in this matter annulling the challenged act, shall provide for the
reinstatement of the plaintiff in his position and the payment of his
corresponding salaries as of the date of cancellation or dismissal if so
requested in the complaint, or the payment of the corresponding indemnification
and the payment of his corresponding salaries, if so requested in the

6
complaint.The reinstatement of the plaintiff in his position and the payment of
his corresponding salaries as from the date of the cancellation or separation, if
so requested in the complaint, or the payment of the corresponding indemnity
and the payment of the salaries as from the effective date of the act of unjust
cancellation, if so requested.

DEMAND IN BIDS AND TENDERS

This type of administrative lawsuits are carried out when a public bidding
process does not comply with all or some of the requirements demanded for the
execution of the same, requirements that appear in the State Contracting Law
and in the ONCAE's Manual of Procurement by Bidding and Consultancy
(Oficina Normativa de Contratación y adquisiciones del Estado de Honduras).

DEMANDS IN SPECIAL MATTERS

They are those that are going to have a different processing to the ordinary trial,
that is to say, they have characteristics that make them special and different,
among which we can mention:
 Executive judgment
 Loss of parental rights of minors under the care of a public or private social
welfare institution.
 Of the rescisory action
 Foreclosure
 Of the special eviction trial.

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 CONCLUSIONS

 In matters of private law, the State, autonomous institutions and

municipalities may not be sued in court without a prior administrative
complaint filed before the head of the respective organ or entity. Likewise,
the administrative claim prior to the judicial process shall be based on the
same facts and rights that will be invoked in the eventual legal action.

 The administrative claim must be resolved within sixty days from the date of
filing.

 The administrative bodies shall carry out their activities, subject to the
hierarchy of norms established in Article 7 of the General Law of Public
Administration and in accordance with the rules of economy, speed and
efficiency, in order to achieve a prompt and effective satisfaction of the
general interest. And in those cases in which the Law grants discretionary
powers to the bodies, they shall proceed within the limits of such powers and
in accordance with the purpose for which they were granted.

 The administrative bodies shall collaborate with each other in the exercise of
their functions, carrying out diligently and promptly the actions entrusted to
them.

 No material action that limits the rights of individuals may be initiated without
the prior adoption and legal communication of the decision that serves as a
legal basis.

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 BIBLIOGRAPHY .

http://www.sefin.gob.hn/wp-content/uploads/leyes/LEY%20DE
%20PROCEDIMIENTO%20ADMINISTRATIVO.pdf

https://dle.rae.es/demanda

http://www.poderjudicial.gob.hn/transparencia/regulacion/diariooficiallagaceta/
Documents/demanda%20contra%20estado%20de%20honduras
%20contencioso%207%20de%20octubre.pdf

https://cursosonlineweb.com/demanda.html

https://www.google.com/search?
q=types+of+claims+that+exist+in+administrative+litigation+honduras&rlz=1C1G
CEU_enUS931US931&ei=qa6xYbv9KZmqwbkP45WjwAY&ved=0ahUKEwj79Z
K7l9b0AhUZVTABHePKCGGgQ4dUDCA4&uact=5&oq=types+of+claims+that+
exist+in+administrative+litigation+in+honduras&gs_lcp=Cgxnd3Mtd2l6LXNlcnA
QAQAzIECCEQCjoHCAAQRxCwAzoECAAQDToGCAAQBxAeOgUIABDNAko
ECEEYAFDZCFixe2DjgAFoBHACeAGAAYIJiAHwMJIBEDExLjkuMS4xLjEuMC
4xLjKYAQCgAQHIAQjAAQE&sclient=gws-wiz-serp

https://www.monografias.com/docs/Efectos-De-La-Presentacion-De-La-
Demanda-FK5XVWTPCDG2Y#:~:text=%2D%20The%20effects%20of%20the
%20presentation%20can%20be%20referred%20to%20another%20time.

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DEMAND FOR THE NULLITY OF AN ADMINISTRATIVE ACT IN PERSONNEL
MATTERS.-RECOGNITION OF AN INDIVIDUALIZED LEGAL SITUATION FOR ITS
PROMPT REINSTATEMENT.-ORDER THE REINSTATEMENT IN EQUAL OR BETTER
CONDITIONS THAN THOSE PREVAILING AT THE TIME OF ISSUANCE OF THE
AGREEMENT OF CANCELLATION OF APPOINTMENT.-PAYMENT OF LOST WAGES
AS DAMAGES.-WAGE INCREASES AND OTHER COLLATERAL BENEFITS DURING
THE COURSE OF THIS TRIAL.-DOCUMENTS, COSTS, POWER OF ATTORNEY ARE
ATTACHED.

ADMINISTRATIVE CONTENTIOUS COURT OF THE DEPARTMENT OF FRANCISCO

MORAZAN .

I, TANIA YOSELIN ZOLANO , of legal age, married Honduran, Bachelor in Business

Administration, residing in Residencial los robles II stage, block E, house number 2, in the city of
Tegucigalpa MDC, with telephone number 22247865, cell phone 88548161 with identity number
0801-1991-11881, email address tianah366@gmail.com i appear filing a lawsuit for a declaration of
the nullity of an administrative act in personal matters, RECOGNITION OF AN UNEQUAL
LEGAL SITUATION FOR ITS PROMPT REESTABLISHMENT AND AS A MEASURE TO
ORDER THE REINSTATEMENT TO THE JOB POSITION IN EQUAL CONDITIONS TO
THOSE PREVAILING AT THE TIME OF ISSUANCE OF THE CANCELLATION
AGREEMENT, PAYMENT OF THE SALARY FOREGONE AS DAMAGES, SALARY
INCREASES AND COMPENSATION FOR THE DAMAGES AND LOSSES, AS WELL AS THE
REINSTATEMENT TO THE JOB POSITION IN EQUAL CONDITIONS TO THOSE
PREVAILING AT THE TIME OF ISSUANCE OF THE CANCELLATION AGREEMENT.AND
DAMAGES, SALARY INCREASES AND OTHER COLLATERAL BENEFITS.
DURING THE SEQUEL of the PRESENT same that I direct against THE STATE OF HONDURAS
through the Secretary of State in the Offices of Security (SEDNA) to answer it through the attorney
KENIA MERCEDEZ FLORES in her condition of GENERAL ATTORNEY OF THE
REPUBLIC, who is of legal age, married, lawyer, Honduran, and of this domicile, whose habitual
residence is unknown, which I declare under oath, but for the effects of summons and subpoena she
can be located in the offices of the GENERAL ATTORNEY OF THE REPUBLIC, whose habitual
residence is unknown.o, and of this domicile, whose habitual residence is unknown, which I declare
under oath, but for purposes of summons and summons can be located at the offices of the
PROCURADURIA GENERAL DE LA REPUBLICA located in plaza COLPROSUMAH boulevard
Juan Pablo II, Tegucigalpa.
M.D.C. The complaint is based on the followingfacts, omissions and legal provisions:

FACTUAL BACKGROUND

FIRST: I began my service relationship with the state of HONDURAS through the Secretary of
State in the Security Offices (SEDNA), on March 1, 2008 by agreement SEDS -36-2008 with the
position of Administrative Officer I in the Personnel Department, with a salary of L 7,500.00;
Position held until September 30, 2013 by virtue of the fact that I was promoted to the position of
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Administrative Planner I by agreement number SEDS -25-2013 dated September 30, 2013, earning a
salary of L.15,000..00; subsequently through agreement number SEDS I-236-2017 dated March 1,
2017 I was promoted to the position of

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Administrative Planner II, with salary L.18,000.00 and finally by agreement number SEDNA-236-
2018 dated March 1, 2018 I was promoted to the position of Administrative Planner III from which I
was dismissed, in which I was earning L.23,000.00; fact that I will accredit at the appropriate
procedural moment.

SECOND: During the performance of my work, I was never subject to calls of attention since I
performed with all responsibility and diligence trying to maintain my labor stability as established in
Article 64 and 169 of the Constitution of the Republic.

THIRD: Your Honor, allow me with much respect to illustrate clearly how my dismissal happened;
on (8) April 8, 2018, I was beginning my work day when I received an official notice and Agreement
of Cancellation of my appointment number SEDS - 328-2018, effective as of (15) April 15, 2018; in
said agreement it states that I am being cancelled due to dismissal from the position I held.n of my
appointment number SEDS - 328-2018 being effective as of the day (15) fifteenth of April; in this
agreement it is expressed that I am being canceled by termination of the position in which I had been
working due to a reduction in staff due to a reduction in the number of employees due to a reduction
in the number of employees.The aforementioned agreement states that I am being cancelled due to a
reduction of personnel due to an administrative restructuring without indicating why my position is
affected by said reduction and furthermore without having observed the procedure that the law and
its Civil Service regulations prescribe in articles 53 and 55 of the law and 279 and 283 of the
aforementioned Regulations, which clearly and fully establishes the procedure to be followed. This
cancellation agreement is attached to the present lawsuit.

FOURTH: It is of my knowledge that when there is an Administrative Restructuring, the existing

position must be eliminated, in my case the position of Administrative Planner III still exists in the
Department of Planning and Budget in the Secretary of State in the Offices of Security SEDS, and
another person has even been appointed to the position, violating my right to opt for it, since I was
denied the opportunity to take the competitive examination.

ADMINISTRATIVE ACT BEING CHALLENGED

It is challenged and demanded the nullity of the CANCELLATION AGREEMENT of Appointment
number SEDS 328-2018 dated (8) April eighth, two thousand eighteen (2018) issued by the
Secretary of State in the Security Offices (SEDS) in which I am notified of my cancellation due to
severance, which is in violation of the provisions of Article 55 of the Civil Service Law in relation to
Article 283 of the Civil Service Regulation, since both legal precepts establish thatn Por Cesantía , el
cual es violatorio a lo establecido en el artículo 55 de la ley de Servicio Civil en relación al artículo
283 del reglamento del Servicio Civil ya que ambos preceptos legales establecen que la notificacióIn
my case, it was done seven (7) days after it was issued, this is visible both in the official notice and
in the cancellation agreement dated (8) March, 2008, which is dated (8) March, 2008 and (9) March,
2008.This is visible both in the official notice and in the cancellation agreement dated April eighth
(8), two thousand eighteen (2018) and effective on April fifteenth (15), two thousand eighteen
(2018); therefore, the present action is admissible.

SCOPE OF RECOGNITION OF INDIVIDUALIZED LEGAL STATUS

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That the defendant Appointing Authority be obliged to REINSTATE me to my job under the same
conditions as those prevailing at the time of my cancellation of my appointment to my job and, as
Damages, to pay me the salaries I did not receive from the date of my cancellation until the date on
which, subject to the procedural rules, I am entitled to the payment of the salaries I did not receive
from the date of my cancellation.

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I hereby request that I be reinstated to my job and the costs of the present lawsuit.

AMOUNT OF THE CLAIM

The amount of the claim will be determined by simple arithmetic operations and will be the result of
the wages accrued from the date of my cancellation until the date I am reinstated in my job with the
corresponding trial costs.

LIST OF MEANS OF EVIDENCE

In order to prove the points of this contentious-administrative lawsuit, I will use the following means
of evidence: the first and third facts will be proven by documentary evidence and the second and
fourth facts will be proven by means of personal inspection by the judge associated with his clerk of
Proceedings and legal presumptions and expert evidence if necessary.

LEGAL BASIS
I base this Complaint on the following legal precepts:1,59,60,61,64,70 third paragraph,
80,82,90,94,303,314,321, and 323 of the Constitution of the Republic; 1 and 40 of the Law of
Organization and Powers of the Courts, 1,38,53,55,57 and other applicable1,6,7,279,280,282,283 of
the Regulations of the Civil Service Law; 1,2,3
letterch,5,6,7,12,13,14,17,24,24,28,46,47,49,50,55,57,57,59,62,68,69,75,76,77,78,79,82,84,84,86,89,
89,90,91,95,
96,97,98,100,101,108,109,112,132 and 134 of the Law of the Contentious Administrative
Jurisdiction, 81 and 82 of the Code of Civil Procedure.

REQUEST
To the judge I respectfully request: Admit the present lawsuit with the simple copy and other
documents that I am enclosing, order to summon and personally summon in legal and due form
attorney KENIA MERCEDEZ FLORES in her capacity as Attorney General of the Republic so
that within the term ordered by law, she answers the lawsuit of merit, if she does not answer it, it is
declared in rebellion, and if upon answering it she opposes it, the trial is opened to evidence for the
term ordered by law so that the parties may make use of the right that the law confers on them, to
continue with the trial in evidence for the term ordered by law so that the parties may make use of
the right that the law confers on them.If the answer is opposed, the trial will be opened to evidence
for the term ordered by law so that the parties may make use of the right conferred by law, to
continue with the procedure until a final judgment is issued in which the action filed is declared
admissible, consequently ordering the requested REINSTATEMENT and the payment of the back
wages. With costs as it corresponds in accordance with the law.

POWER
In order to represent me in the present lawsuit, I grant power of attorney to attorney LUIS
ALBERTO ZEPEDA , of legal age, married, Honduran, registered in the Honorable Bar
Association of Honduras under card number 12345, with professional offices located in the
METROPOLIS building, SECOND FLOOR, LOCAL 202, with mobile phone number 9497-4251
and e-mail .I hereby grant power of attorney to attorney LUIS ALBERTO ZEPEDA, of legal age,
married, Honduran, registered in the Honorable Bar Association of Honduras under card number
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12345, with professional offices located in the METROPOLIS building, SECOND FLOOR, LOCAL
202, with cell phone number 9497-4251 and e-mail lzepeda2013@gmail.com ; to whom I grant the
General Powers of Attorney and the Special Powers of Attorney: To desist in first instance of the
deduced action , to absolve positions, to waive the resources or legal terms, to conciliate, to
compromise, to approve agreements, to perceive,

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to substitute and delegate to accept the opposing claim, to defer the decisive oath, to all those consigned
in article 81 and 82 of the civil procedural code.

TEGUCIGALPA, M.D.C on the 5th day of the month of November 2020.

TANIA YOSELIN ZOLANO

SUBMITTED

The foregoing document was filed on November fifth, two thousand twenty, at seven o'clock in the
evening, together with the copy of this document, originals of the Testimony (387) authorizing
Power of Attorney, Appointment Agreement Number SEDS-36-2008 of Mrs. TANIA YOSELIN
ZOLANO in the position of Administrative Officer I in the Planning and Budget Department,
Promotion Agreement Number 25-2013 Administrative Planner II, Promotion Agreement Number
236-09 Administrative Planner III, Dismissal Agreement 328-2018 in the position of Administrative
Planner III and Dismissal Agreement 328-2018 in the position of Administrative Planner III and
Dismissal Agreement 328-2018 in the position of Administrative Planner III and Administrative
Planner III.n, Promotion Agreement Number 25-2013 Administrative Planner II, Promotion
Agreement Number 236-09 Administrative Planner III, Dismissal Agreement 328-2018 in the
position of Administrative Planner III and the Appointment Agreement Number 331-2018 of Mrs.
Gabriela Alejandra Lazo Trejo in the position of Administrative Planner III.

SIGNATURE AND SEAL OF THE SECRETARY OR RECEIVER, IF APPLICABLE.

EXP. 0801-2020-00034
ADMINISTRATIVE CONTENTIOUS COURT OF THE

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DEPARTMENT OF FRANCISCO MORAZÁN. - Tegucigalpa , Municipality of the Central District,
November eighth, two thousand twenty-one.

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The present lawsuit, together with the simple copy of the same and the accompanying documents,
shall be deemed filed and admitted, and the plaintiff shall succinctly publish the contents of the
lawsuit in the manner provided for in Article 50 of the Law of this jurisdiction, which must be
accredited within a period of five days.
(5) working days after the notification of this ruling. The claim is to be served on Attorney KENIA
MERCEDES FLORES, in her capacity as Attorney General of the Republic, through the receiver of
the office, who shall deliver to her in the same act the corresponding writ of summons, a simple copy
of the claim so that she may answer within the term of ten (10) working days, warning her that she
shall attach to this answer the file in which the contested act was issued.The latter shall deliver to her
in the same act the corresponding summons, a simple copy of the claim so that she may answer
within ten (10) working days, warning her that the file in which the challenged act was issued must
be attached to the present written answer.- And if after this term has elapsed, the Secretary of the
Office shall be informed of this circumstance for the corresponding legal effects. having Mrs.
TANIA YOSELIN ZOLANO as appearing and having conferred the power of attorney to Attorney
LUIS ALBERTO ZEPEDA , with the faculties conferred to her, registered in the Bar Association
of Honduras under No.12345.ARTICLES: 46, 47 and 134 of the Law of the Contentious
Administrative Jurisdiction; 81, 82 and 201 numeral 2 of the Code of Civil Procedure - NOTIFY.

SIGNATURE OF THE JUDGE

SECRETARY'S SIGNATURE

EXP. 0801-2020-00034 CERTIFICATE OF SUMMONS.

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In the city of Tegucigalpa, Municipality of the Central District, on the 24th day of the month of
November 2020, in compliance with the order of November 8, 2020, the Receiver of the Court of
Letters of the Administrative Contentious of Tegucigalpa, M.D.C., proceeded to serve the complaint
and summons in legal and due form to KENIA MERCEDES FLORES in her capacity as
Attorney General of the Republic, delivering her a simple copy of the brief of the complaint and
the respective writ of summons, so that within ten (10)working days, she may appear before the
Court of Letters of Administrative Litigation of Tegucigalpa, M.D.C., with the purpose of answering
the Personal Lawsuit with order of entry No. 0801-2020-00034, promoted by Mrs. TANIA
YOSELIN ZOLANO , against the State of Honduras through the Secretary of State in the
Offices of Security (SEDNA), requesting the nullity of an administrative act.....- The warning is
made that the original of the administrative file in which the act that is challenged in the related
lawsuit was dictated must be attached to the written answer, and also the legal prevention is made
that if the answer is not given within the indicated term, the trial will be continued in default.The trial
will be continued in default and all the orders and sentences that fall in the trial will be notified by
the Technical Means established in the Code of Civil Procedure, of which it is understood and signed
for the record, being 5:20 pm:20 pm.

SIGNATURE OF RECIPIENT

RECIPIENT'S SIGNATURE

EXP. 0801-2020-00034

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THE LAWSUIT FOR A DECLARATION OF NULLITY IS NOT ADMISSIBLE.

OF AN ADMINISTRATIVE ACT IN THE AREA OF PERSONNEL - RECOGNITION OF THE

DE A SITUATION LEGAL INDIVIDUALIZED FOR SU SOON

REINSTATEMENT - REINSTATEMENT IN THE SAME OR BETTER CONDITIONS IS ORDERED

CONDITIONS TO THOSE PREVAILING AT THE TIME THE AGREEMENT WAS ISSUED.

PAYMENT OF SALARIES FORFEITED BY THE COMPANY FOR THE CANCELLATION OF

APPOINTMENT

DAMAGES - SALARY INCREASES AND OTHER BENEFITS, AND

OTHER COLLATERAL BENEFITS DURING THE AFTERMATH OF THE CURRENT

TRIAL.- DOCUMENTS ARE ATTACHED.- COSTS.- POWER OF ATTORNEY.

ADMINISTRATIVE CONTENTIOUS JUDGE OF TEGUCIGALPA

I, KENIA MERCEDES FLORES, of legal age, married, Attorney at Law, Honduran and of this

domicile, registered in the Honorable Bar Association of Honduras under number 1704, with office

at the Attorney General's Office Building of the Republic in Bulevar la Hacienda in this City of

Tegucigalpa, Municipality of the Central District, with telephones 2230-3656, 2230-3655, e-mail ,

indicating said address to receive legal services in this City of Tegucigalpa.blica in Bulevar la

Hacienda of this City of Tegucigalpa, Municipality of the Central District, with telephones 2230-

3656, 2230-3655, e-mail procuradora@gob.hn, indicating said address to receive all kinds of

instruments.

I am acting in my capacity as Attorney General of the Republic and therefore, Legal Representative

of the State of Honduras, as evidenced by the enclosed duly authenticated photocopy of the

Legislative Decree of Appointment No. 10-2020 dated March 15, 2020, issued by the sovereign

National Congress of the Republic and in which my election is recorded, with due respect I appear

before you, Your Honor, answering in due time and form an improper Complaint that is contracted to

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request: TO DECLARE THE

NULLITY DE A ACT ADMINISTRATIVE EN MATERIA DE PERSONNEL.

RECOGNITION OF AN INDIVIDUALIZED LEGAL SITUATION FOR THEIR

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PROMPT RECOVERY. - REINSTATEMENT BE ORDERED ON EQUAL OR BETTER TERMS.

CONDITIONS TO THOSE PREVAILING AT THE TIME THE AGREEMENT WAS ISSUED.

OF CANCELLATION OF APPOINTMENT. - PAYMENT OF UNPAID WAGES

TO RECEIVE AS DAMAGES. - SALARY INCREASES AND

OTHER COLLATERAL BENEFITS DURING THE AFTERMATH OF THE CURRENT

TRIAL.- DOCUMENTS ARE ATTACHED.- COSTS.- POWER OF ATTORNEY. Promoted against me

represented by the State of Honduras through the Secretariat of State in the Offices of Security

(SEDS) by Mrs. TIANA MELISSA HERNÁNDEZ BONILLA, of known generals in the lawsuit

of merit; Answer to the Lawsuit based on the following facts and legal considerations:

NULLITY OF THE CONTESTED ADMINISTRATIVE ACT

The section of the Claim of Nullity of the Challenged Administrative Act, which consists of the

issuance of Agreement of Cancellation of Appointment number SEDNA - 328-2018 dated April 8,

2018, issued by the Secretary of State in the Security Offices (SEDS) adjusted to law, is totally

rejected.

LIST OF FACTS AND OMISSIONS

FIRST: This first fact is fully accepted as being true as stated by the plaintiff.

SECOND: It is totally rejected, since the plaintiff was the object of attention calls during her work

for the defendant Secretariat, which will be proven at the appropriate procedural moment.

THIRD: The third fact is rejected, for being totally false what is stated by the plaintiff, since the

Agreement of Cancellation of Appointment number SEDS - 328-2018 dated April 8, 2018, issued by

the Secretary of State in the Security Offices (SEDS) was notified to the plaintiff with the time

established in Article 238 of the Civil Service Regulations, and that said Agreement states that it is

effective as of May 08, 2018.

22
FOURTH: The fourth fact is totally rejected, since the defendant has not violated any legal order as

expressed by the plaintiff.

Since it is important to point out that the position occupied by Mrs. TANIA TOSELIN SOLANO

will be merged with two other positions, in order to proceed with Administrative restructuring,

generating an annual savings of L 223,793.03 (Two Hundred Twenty-three Thousand Seven

Hundred Ninety-three Lempiras and three cents), therefore the position occupied by the plaintiff will

no longer be available for her, which will be proven during the trial process.

AMOUNT OF THE CLAIM

The amount of the claim is totally rejected, whatever it may be, since what my client is obliged to do

is to pay the acquired rights in accordance with the Law, since the administrative act that he is

requesting to challenge was issued in accordance with the law.

LIST OF MEANS OF EVIDENCE

In order to prove the points sustained in the answer to the claim, I will avail myself of the following

means of evidence:

Documentary:

 Copy of the Appointment Agreement SEDS -36-2008 dated March 01, 2008.

 Copy of Agreement No. SEDS -328-2018 of dismissal dated April 08, 2018 effective as of

May 08, 2018.

 Notification of Agreement No. SEDS -328-2018 dismissal dated April 08, 2018.

 Call for Attention Memoranda number 25 dated August 10, 2016.

 Call for Attention Memoranda number 30 dated July 25, 2017.

Likewise, I will make use of any means of testimonial evidence, expert testimony, legal

presumptions that may be necessary to accredit the intended purpose.

LEGAL ARGUMENT

23
I base the present defense on Articles 1, 80, 82, 228, 303 of the Constitution of the Republic; 59 of

the Civil Service Law; 206 of the Regulations of the Civil Service Law; 23, 24 of the Administrative

Procedure Law; 3, 6, 7, 9, 12, 24, 47, 58 with respect to the

Articles 46, 68, 73, 74, 78, 79, 80, 134 of the Law of Contentious Administrative Jurisdiction, 7, 11,

16, 36 of the General Law of Public Administration, 1 and 40 numeral 1) of the Law of Organization

and Powers of the Courts, 8 and 19 First Powers of the Organic Law of the Attorney General of the

Republic.1 and 40 numeral 1) of the Law of Organization and Powers of the Courts, 8 and 19 First

Powers of the Organic Law of the Office of the Attorney General of the Republic.

REQUEST

To the Judge, I respectfully REQUEST; To admit the present writ, together with the simple copy of

the same, and the other documents that accompany it, to consider the claim as answered in time and

form, having facts to prove, to open the trial to evidence for the period required by the Law, to

continue with the proceedings until a definitive sentence is issued declaring the claim unfounded,

with special condemnation in costs for the plaintiff for not having sufficient motives to litigate.

Tegucigalpa, Municipality of the Central District, November 13, 2020.

KENIA MERCEDESFLORES

ATTORNEY GENERAL OF THE REPUBLIC

FILED IN THE ANSWER TO THE COMPLAINT, WHICH IS MADE BY THE

COURT RECEIVER

24
EXP. 0801-2020-00034
ADMINISTRATIVE CONTENTIOUS ADMINISTRATIVE COURT OF THE
DEPARTMENT OF FRANCISCO MORAZÁN - Tegucigalpa, Municipality of the Central District, on
thetwenty-second day of November of the year two thousand and twenty.

The present answer to the claim of exp. 0801-2020-00034, together with the simple copy of the same
and the accompanying documents.- The undersigned KENIA MERCEDES FLORES , of legal age,
married, Honduran Attorney at Law, of this domicile, registered in the Honorable Bar Association of
Honduras under number 1704, with office at the Office of the Attorney General of the Republic at
Bulevar lamero 1704, with office in the Building of the Attorney General's Office of the Republic in
Bulevar la Hacienda of this City of Tegucigalpa, Municipality of the Central District, with telephones
2230-3656, 2230-3655, e-mail , indicating that said office is located in the building of the Attorney
General's Office of the Republic in Bulevar la Hacienda of this City of Tegucigalpa, Municipality of
the Central District. I am acting in my capacity as Attorney General of the Republic and therefore,
Legal Representative of the State of Honduras, as evidenced by the enclosed duly authenticated
photocopy of Legislative Decree of Appointment No. ARTICLES: 46, 47 and 134 of the Law of the
Contentious Administrative Jurisdiction; 81, 82 and 201 numeral 2 of the Code of Civil Procedure;
and the date of the Preliminary hearing is set for November eighteenth (18), two thousand and
eleven.
NOTIFY.

SIGNATURE OF THE JUDGE

SECRETARY'S SIGNATURE

EXP. 0801-2020-00034

PRELIMINARY DEFENSE HEARING

ACCOUNT ASSIGNMENT

25
SECRETARY LEANE HERNADEZ : Good evening, in the city of Tegucigalpa, Municipality of
the Department of Francisco Morazán, on the 22nd day of the month of November of the year 2020
being 8:10 pm of the night, of the day and hour indicated for the celebration of the present hearing of
PREVIOUS DEFENSE; the same begins with the presence of the parties attorney KENIA
MERCEDES FLORES acting in her capacity as Attorney General of the State of Panama, Attorney
General of the State of Panama, attorney KENIA MERCEDES FLORES acting in her capacity as
Attorney General of the State of Panama.The hearing begins with the presence of the parties
Attorney KENIA MERCEDES FLORES acting in her condition of Attorney General of the State
of Honduras and Attorney LUIS ABERTO ZEPEDA acting in her condition of Legal
Representative of Mrs. TANIA YOSELIN SOLANO , and it is requested to those present to turn off
their cell phones, and to keep respect and the due do in the present hearing.

with you the honorable Judge: MARCIO MORALES

JUDGE: MARCIO MORALES Good day Madam Secretary, to the parties and the public in
general, having verified the appearance of both parties and having listened to the hearing, the present
hearing is declared open. The purpose of which is to elucidate the preliminary defenses that have
been filed by Attorney KENIA MERCEDES FLORES as Attorney General of the State of
Honduras, who considers that the lawsuit filed does not meet the admissibility requirements,
specifically the lack of exhaustion of administrative remedies.

Likewise, I must point out the rules to be followed during the development of this hearing, there will
be a time for each of the parties to speak, interruptions are not accepted because each party will have
the right to reply, the use of cell phones is not accepted during the course of the hearing and I also
ask you to keep the due respect at the time that any of the parties has the floor to maintain order:

JUDGE: MARCIO MORALES Prior to ratifying the previous defenses, we proceed to the first
moment of the hearing, which is the conciliation:
ATTORNEY: KENIA MERCEDES FLORESDoyou have the power to conciliate?
KENYA : ANSWER NO...

In view of the fact that the attorney does not have the power to conciliate, the conciliation is deemed to have
failed.

26
JUDGE: MARCIO MORALES I ask the Attorney General of the State of Honduras if he ratifies the
previous defenses:

KENYA : Thank you very much your Honor, in effect I ratify the previous defenses presented by
this Party, however it is worth mentioning your Honor that according to article 63 literal c) of the
Law of Jurisdiction of the Contentious Administrative Matters, I appear in time and form promoting
previous defenses by virtue of the fact that Ms.ora TANIA YOSELIN SOLANO omitted the fact
that prior to filing a complaint TO DECLARE THE NULLITY OF AN ADMINISTRATIVE
ACT before the Contentious Administrative Court of the Department of Francisco Morazá , she
should have exhausted the administrative process. n, it should have exhausted the administrative
process as indicated in article 42 of the law, since the file includes the resolution issued by the
superior organ of the respective administrative hierarchy, in which the administrative process is
exhausted, therefore, I consider that the lawsuit filed against my client, the State of Honduras, is
inadmissible.

JUDGE: MARCIO MORALES The previous defenses have been ratified by the attorney of the
State of Honduras, and in accordance with the principle of contradiction and defense, the floor is
given to Attorney LUIS ALBERTO ZEPEDA in his capacity as legal representative of Mrs.
TANIA YOSELIN SOLANO.

REPLY FROM LUIS ALBERTO ZEPEDA

PARTE INCIDENTADA: Buenas noches su Señoría y a todos en general, queremos rechazar
fehacientemente las defensas previas presentadas por la parte demandada DE LA
PROCURADURIA GENERAL DE LA REPUBLICA DE HONDURAS. In accordance with the
arguments raised by the defendant in the brief of defenses to be developed in this hearing, I proceed
to answer as follows based on Article 68 paragraph 5 of the regulations of the Secretary of Security.
On April 8, 2018, I received an official notice and Agreement of Cancellation of my appointment
number SEDS - 328-2018, effective as of April (15) fifteenth ; then continuing in that the action
against my client was not respected due process and also in the arguments of the state representative
that Mrs. TANIA has been called to attention for misconduct in her work performance, a situation
that we reject.The State representative's arguments also state that Mrs. TANIA has been called to
attention for misconduct in her work performance, a situation that we reject.

27
at any time the due process to proceed with the agreement of cancellation of its services.

28
Judge: MARCIO MORALES By virtue of having fixed the pretensions and the terms of the same
one, the word is given to the incidental party Attorney, KENIA MERCEDES FLORES in her
condition before indicated so that she may propose her means of proof as it is established in article
593 of the Civil Procedural Code. -

KENIA MERCEDES FLORES : Thank you your honor, I propose as evidence the note of the
administrative claim before the superior of the secretary of security dated April 15, 2021. Here we
can see that indeed, the plaintiff has shortened the term to file a lawsuit.

JUDGE: MARCIO MORALES The floor is given to Attorney LUIS ALBERTO ZEPEDA, in her
capacity as legal representative of Mrs. TANIA YOSELIN SOLANO, as defendant, to pronounce
on the means of evidence proposed by the plaintiff, asserting the principle of contradiction and also
to propose her means of evidence:

ATTORNEY: LUIS ALBERTO ZEPEDA Thank you, Your Honor, I do not oppose the evidence
presented by the plaintiff, but as evidence I present the proof of the permission granted, to prove that
on the day that supports the cancellation agreement, my client did not go to work because he was
attending personal matters.

JUDGE: MARCIO MORALES

The floor is given to Attorney KENIA MERCEDES FLORES, in her supraindicated condition, so
that she may pronounce on the means of proof proposed by the defendant. -

ATTORNEY KENIA FLORES: I have no objection your Honor.

HERE THE JUDGE DECIDES:

JUDGE MARCIO MORALES: the parties having proposed the means of evidence which, in their
opinion, are useful and pertinent for the clarification of the case at hand and for the clarification of
the case.

29
admitted or inadmissible under the principles of sound criticism and logical
reasoning, this COURT RESOLVES: 1. - To consider as proposed and
admitted the means of evidence called certification of exhaustion of
administrative remedies, presented by the Incident, since the same was issued
on a date prior to the filing of the legal action, likewise the means of evidence
provided by Attorney LUIS ALBERTO ZEPEDA is inadmissible , since it was
found that the administrative remedies were NOT effectively exhausted; 2. -
The preliminary defenses filed by Attorney KENIA MERCEDES FLORES,
in his capacity as Attorney General of the State of Honduras, are declared
admissible, since the existence of the cause of non-exhaustion of
administrative remedies has been proven, as stated in Article 63, paragraph c)
of the Constitution. Article 63 paragraph c) of the Law of the Contentious
Administrative Jurisdiction, in view of the fact that it has been proven,
according to a certificate issued by the superior hierarchical body of the
Property Institute, that the administrative procedure has NOT been exhausted;
SECOND: The claim filed by Mrs. TANIA YOSELIN SOLANO ,
represented by Attorney LUIS ALBERTO ZEPEDA , as Plaintiff, against the
State of Honduras, represented by the Attorney General of the Republic
KENIA MERCEDES FLORES as defendant , requesting the NULLITY OF
AN ADMINISTRATIVE ACT IN PERSONNEL MATTERS, is declared
Inadmissible , and in view of the fact that this resolution has been issued in this
act, and in view of the fact that this resolution has been issued in this act, it is
hereby declared Inadmissible, and in view of the fact that this resolution has
been issued in this act, and in view of the fact that this resolution has been
issued in this act, it is hereby declared Inadmissible.n has been dictated in this
act, the same cannot be challenged and no appeal can be filed as established in
Article 64 of the Law of the Jurisdiction of the Contentious Administrative
Jurisdiction:45 pm, hour in which the present hearing of Preliminary Defenses
is concluded and failed, indicating date and time for the preliminary hearing.-

Incidental part KENIA

MERCEDES FLORE:

30
 notified
Incident : LUIS ALBERTO
SEPEDA
notified

EXP. 0801-2020-0003

PRELIMINARY ADMINISTRATIVE CONTENTIOUS HEARING

SECRETARY LEANE HERNADEZ : Good morning to all present in the room, today,
Tuesday, November 4, 2021, at 10:30 a.m.; you are requested to maintain order and
composure, as well as to keep your electronic devices closed or turned off. We welcome the
honorable Judge

JUDGE BLANCA CERRATO : Good morning to all present in this courtroom, to

witness the development of this Hearing that concerns us, for which she requested the
secretary to verify the appearances of the parties and to inform this Court what is the
purpose of this hearing.

SECRETARY: LEANE HERNADEZ , On the date and time set for the preliminary
hearing of the lawsuit filed by Ms. TANIAYOSELIN SOLANO , against SECRETARY
OF SECURITY . The presence of Attorney LUIS ALBERTO ZEPEDA, with identity
#0601-1998- 00548 representative of the plaintiff and Attorney JORGE BRIZO LOPEZ ,
with identity #0601-1990-00687 representative of the defendant, is established, making it
known to them that they must address the honorable judge under the solemnity and respect
that such investiture holds.

31
JUDGE BLACA CERRATO : at this moment in the present hearing, we formulate to the
parties, the proposal to a settlement to a solution to the conflict so that they can conciliate, I
consult the parties if they have any conciliation, they can manifest it in this court.

32
In this same act, the floor is given to the defendant so that it may state whether it has any
conciliatory settlement to offer.

PLAINTIFF LUI ZEPEDA: No, Your Honor.

DEFENDANT JORJE BRIZO: does not intend to settle.

JUDGE BLANCA CERRATO : Thank you lawyers, having heard the defendant and
plaintiff, this court resolves : that not having conciliated, on the pretensions, it is estimated
to continue with the development of this hearing, we proceed to the fixation of the
pretensions and opposition to the terms of its debate, as well as the raising of exceptions
and answer to the same, for which we yield the word to the plaintiff so that it ratifies the
arguments of the plaintiff and the plaintiff, so that it ratifies the arguments of the
plaintiff.Therefore, we give the floor to the plaintiff so that it may ratify its claim and
establish in a timely manner its claims, and subsequently give the floor to the defendant so
that it may answer the claim.

The procedural representative of the plaintiff has the floor.

LEGAL REPRESENTATIVE FOR THE PLAINTIFF: Attorney at Law

Luis Zepeda Thank you very much your honor, for my part I ratify each and every one of
the facts of the lawsuit and the defendant is ordered to pay the costs of these proceedings.
That is all your honor.

JUDGE: Thank you counsel

JUDGE WHITE : The floor is given to the defendant to state if they have any exception to
propose.

33
I give the floor to the procedural representative of the defendant so that he may propose the
procedural exceptions or incidents in the present trial.

REPRESENTATIVE OF THE PLAINTIFF: Attorney LUIS ZEPEDA: Thank you

very much your Honor, I will not file any exception.
JUDGE: Continuing with the next hearing, I give the floor to the plaintiff, so that it may
file the procedural exceptions it deems appropriate.

DEFENDANT ATTORNEY JORGE BRIZO: No, Your Honor.

we have exceptions to propose. Thank you.

JUDGE BLANCA CERRATO: To which the court RESOLVES: With all of the
foregoing, this stage is deemed to have been evacuated and precluded. Next, the floor is
given to Attorney LUIS ZEPEDA as procedural representative of the plaintiff so that he
may precisely state his claim, he has the floor.

PLAINTIFF ABG. LUIS ZEPEDA : Thank you very much your honor, in my capacity as
procedural representative of Mrs. TANIA SOLANO , I set my claim consisting in the
annulment of the administrative act for illegal and unfair cancellation of the appointment
agreement of my client, and that measures be taken for her full reinstatement in the position
she held, payment of the corresponding benefits and indemnities and the salaries she ceased
to receive as of the date of cancellation until the date of her appointment.I also request the
adoption of measures for her full reinstatement in the position she held, payment of the
corresponding benefits and indemnities and the salaries she has not been paid since the date
of the cancellation until the execution of the judgment declaring the action to be admissible.

34
JUDGE BLANCA CERRATO Next, the floor is given to attorney JUAN ALBERTO
RODRIGUEZ, to establish his opposition to the object of the debate, he has the floor.

DEFENDANT ABG JUAN ALBERTO: Thank you your honor, acting in my capacity as
legal representative Secretary of health it is alleged that the plaintiff did not exhaust the
due process that is governed in the present law since she herself has not accredited having
requested the entity for which she works a reinstatement in the exercise of her functions,
since, how could someone determined to exercise the judicial route without having
exhausted or established the administrative route, attached to the articles.
80 and 63 paragraph a) of the present law on administrative litigation.

JUDGE ORLANDO AYALA: This Court RESOLVES: once both parties have been heard
this court fixes the terms of the debate in the following manner: upon acceptance of the first
fact, it is considered as resolved and it is proceeded to evacuate the pertinent evidence of
the disputed facts, the second fact to the third fact, with all the aforementioned, this stage of
the debate is considered as evacuated and precluded, the floor is given to attorney LUIS
JOSE CALIX LAINEZ, as representative of the plaintiff to propose his means of proof
and on the terms of debate previously stated.

PROPOSITION OF THE MEANS OF EVIDENCE

PLAINTIFF ATTORNEY LUIS JOSE CALIX: Your Honor, I propose as evidence and
according to the order established by Article 252 of the CPC the following:

35
PUBLIC DOCUMENT: Agreement No.064/2012 dated June 7, 2012, issued by the
SECRETARY OF HEALTH to accredit the appointment and the position to which I
represent.

PRIVATE DOCUMENTS: 1- duly authenticated photocopy of Memorandum

SS-422-2016, dated September 7, 2016, signed by the Secretary of Health DENIS
VARELA showing the demotion in the position of my client.

2- Notification Letter, which is attached in duly authenticated photocopy and for the
purpose of appearing at the Hearing of Discharges held on Friday, January 23, 2020.

3- Agreement No.905/2016 dated December 20, 2016 issued by the SECRETARY OF

HEALTH, where my client was dismissed from the position of Chief of the
Financial Planning Section.

 Interrogation of the parties

1. Mrs. Carmen Martinez, with identity number 0107-1983-27380
2. Mr. Denis Varela, with identity number 0107-1980-34670.

 Examination of Witnesses
1.- Mrs. Mariana Gómez, with identity number 0107-1981-78340

ATTORNEY LUIS : that the means of proof be taken as proposed to prove the
disputed facts and that the documentary evidence be considered as having been
evacuated at this moment.

JUDGE ORLANDO AYALA: The floor is given to the legal representative of the
defendant so that he may rule on the means of evidence proposed by the defendant.

36
The plaintiff, asserting the principle of contradiction and also propose its means of proof.

PARTY DEFENDANT ABG JUAN ALBERTO RODRIGUEZ: in my capacity of

We do not oppose any means of proof and I propose the following means of proof in order
to prove the following points

For the FIRST, SECOND, THIRD, FOURTH and FIFTH facts, we propose the Means of Proof
denominated PUBLIC DOCUMENTS, consisting of:
1) CITATION CODE dated December 12, 2016.
2) DISCHARGE HEARING MINUTES dated January 23, 2017.
3) AGREEMENT No. 905/2017 dated January 29, 2017.
4) OPINION No.027/2017 subscribed by the Labor Officer of the Department of Human Resources
of the Ministry of Health.
That the same be considered as filed in due time and form and that the documentary means
be considered as having been evacuated.

JUDGE ORLANDO AYALA: for the foregoing and presented by the parties this court
resolves:

A- To consider the stage of proposing and admitting the evidence presented by both parties
as completed and precluded.

B- Once the proposal of evidence has been completed, following the process according
to art. 252 of the CPC. An evidentiary hearing is set for Tuesday, November
twentieth at 2:20 p.m. The parties having been notified in this act, the present
hearing is closed at eleven o'clock in the morning and the parties have signed before
the undersigned judge and the secretary of the office who attests.

37
PLAINTIFF ABG LUIS JOSE CALIX: Notified and Understood

your honor.
RESPONDENT ABG JOHN ALBERTO RODRIGUEZ: Notificado y
Your Honor, I understand.

HEARING

DISPOSAL OF EVIDENCE

Good morning to all the people in this courtroom, we will proceed to examine the evidence
proposed by the parties.

JUDGE ORLANDO AYALA: Madam Secretary KIMBERLY ESCOBAR: please bring

Mrs. Carmen Martinez to the stand to make her statement.

JUDGE:ORLANDO AYALA: GOOD AFTERNOON, Mrs. Carmen Martinez , when

you hear the word objection refrain from continuing until I give you back the floor, I ask
you to answer in a clear precise manner and in a loud voice because the hearing is being
recorded.

NEXT, FOLLOWING THE PROCESS, WE WILL SWEAR IN THE WITNESS.

OATH to the party.

38
 JUDGE: ORLANDO AYALA, (SWEARING IN) Mrs. Carmen Martinez , raise your
right hand and place your left hand on the constitution of the republic. Promise to tell the
truth, only the truth and nothing but the truth.

Carmen Martínez: yes I swear

Carmen Martínez: YES I WANT.

 The floor is given to the procedural representative of the plaintiff - attorney ABG LUIS
JOSE CALIX, to question Mrs. Martinez, his questions must be in the affirmative,Carmen
in a
concrete, clear and precise manner.

 LUIS JOSE LAWYER.

Mrs. CARMEN, were you hired by the Secretary of Health?

R/ Yes, of course.

what modality was contracted? r/ by agreement.

What did your work consist of?

r/ was the secretary's finance administrator.

Have you ever failed to perform your duties without justification? A/ not missing
work,

then how are you informed that you are suspended?

A/ I just want to clarify that I have not failed at any time, so this accusation is false.

Were you shown any minutes where you did not show up for work?

39
A/ not at any time.

Who is DENIS VARELA?

R/ The Secretary of Health and it was the man who gave me the memorandum. Whenhe
gave you the memorandum, what did he mean, what did it say?

R/said I was fired because I allegedly missed 2 days without justification.

When you received the termination memorandum, did it contain a date until which
you would work?

R/ None

what motivated you to file this lawsuit?

. A/ I was disappointed and realized the abuse of authority that was committed against me.

LUIS JOSE; Only your honor no further questions.

JUDGE ORLANDO: Does Attorney Rodriguez have any questions to ask Mr. Martinez?

JUAN ALBERTO: Yes, your honor.

JUAN ALBERTO: Mrs.Martinez, have you missed work?

CARMEN MARTINEZ: No, never.

JUAN ALBERTO: Your Honor only. .

Judge Orlando: Mrs. Carmen Martínez, you may be seated.

Judge Orlando: Madam Secretary, please turn to Denis Varela.

JUDGE: ORLANDO AYALA, (SWEARING IN) Mr. Denis Varela, raise your right hand
and place your left hand on the constitution of the republic.

Promise to tell the truth, only the truth and nothing but the truth.

40
Denis Varela: yes I swear

Denis Varela: YES I WANT.

The floor is given to the procedural representative of the plaintiff - attorney ABG LUIS
JOSE CALIX, to question Mr. DENIS VARELA.

ATTORNEY LUIS JOSE CALIX

What do you do? R/

I am the secretary of the secretary of health.

What did your work consist of?

A/ I am the person who attests to what happens in the institution and I am in charge of
delivering any type of note.

By whom are these notes signed?

R/ are signed by the head of human resources with the approval of the minister of health.

Whyis the termination memorandum signed with your name?

because at the time I was given those instructions by my superiors.

Had thisprocedure been carried out with another person? No first time

Judge Orlando: the plaintiff is asked if he has any questions for Mr. DENIS VARELA.

ABOG. Juan Rodríguez: YES, Your Honor

41
ATTORNEY JUAN RODRIGUEZ, why did you take the attribution of firing Mrs.
CARMEN MARTINEZ? A/ because those were my instructions

JUAN RODRIGUEZ: NO MORE QUESTIONS

Judge Orlando: Mr. VARELA can OCCUPY YOUR PLACE

Judge Orlando: Madam Secretary, please pass the witness Mariana Gómez.

JUDGE: ORLANDO AYALA, (SWEARING IN) Mrs. Mariana Gómez , raise your
right hand and place your left hand on the constitution of the republic.

Promise to tell the truth, only the truth and nothing but the truth.

MARAINA GOMEZ : yes I swear

He is warned that, if he lies, he incurs in the crime of false testimony, which is punishable
with 5 to 7 years of imprisonment, as established in the Penal Code in its art. 519.
HAVING HEARD THIS WARNING, WISHES TO CONTINUE AS A WITNESS AT
THIS HEARING.

MARAIANA GOMEZ: YES I DO.

The floor is given to the procedural representative of the plaintiff - attorney ABG LUIS
JOSE CALIX, to question Mrs. MARIANA GOMEZ.

ATTORNEY LUIS JOSE CALIX,

42
 As head of human resources of the Ministry of Health, what did you do to take
into account the dismissal of the people I represent?

R/ due process was performed.

Who was the person who fired my client?

A/According to due process, the person who makes the dismissals is me with the approval of
the Minister of Health.

LUIS JOSE LAWYER: NO MORE QUESTIONS your honor

 The floor is given to the procedural representative of the DEFENDANT - attorney Juan
Rodriguez , to ask her questions.

ATTORNEY JUAN : I HAVE NO QUESTIONS to ask the witness, your honor.

JUDGE: I cede the opportunity to attorney JUAN RODRÍGUEZ, for the presentation and
evacuation of his means of proof.

JUDGE ORLANDO AFTER EVALUATING THE EVIDENCE PROPOSED BY THE

PARTIES, WE WILL PROCEED WITH THE FINAL ARGUMENTS TO WHICH TIME
WILL BE GIVEN 15 MINUTES.

 The floor is given to the procedural representative of the plaintiff - attorney LUIS
JOSE CALIX, to formulate his arguments and conclusions.

43
 ATTORNEY LUIS JOSE

This procedural part makes its allegations as follows; with the statement of my client the
following was accredited in this hearing, number one that she was hired by the Secretary of
Health in the modality of agreement, that she was subject to coercion by Mr. DENIS
VARELA who, in a manner not in accordance with due process, was the one who fired my
client, for which said statement must be taken into account and valued under the criteria of
sound criticism, since it was the one who fired my client. DENIS VARELA who, in a
manner not in accordance with due process, was the one who fired my client; therefore,
said statement must be taken into account and evaluated under the criteria of sound
criticism, since it was clear. 2 with the statement of the gentleman, this defense was able to
prove that the corresponding process to dismiss a person who works for the Ministry of
Health must be done through the head of human resources with the approval of the Minister
of Health, and the statement of Mr. Denis Varela, who answered that this is the first time
that a person is dismissed by her, making it clear and evident that the fundamental rights of
my client, such as the right to work, are being violated.Mr. DENIS VARELA, who
answered that this is the first time that a person is dismissed by her, making clear and
evident that the fundamental rights that assist my client such as the right to work, to defense
and due process, for which I request your Honor that our claim be declared admissible.I
therefore request that our lawsuit be declared admissible because it is in accordance with
the law and that therefore the nullity of said act be decreed, therefore the legal situation of
my client be recognized and the State of Honduras be ordered to pay the payments that
have not been received since her dismissal until the date on which this resolution is
declared final, likewise we request that my client be reinstated to the position she held in
the Ministry of Health.

 The floor is given to the procedural representative of the DEFENDANT -

attorney JUAN RODRÍGUEZ, so that he may formulate his arguments
and corresponding conclusions.

44
 Well, your honor, this party makes its pleadings in the following manner;
with the plaintiff's statement, it was proved that

45
 She held a public position and that she was dismissed in a legal and due
manner since she stated in this hearing that she had no record of having
attended her work on Wednesdays and Thursdays of the month of June
2016, with which said dismissal is in accordance with the law with the
statements of Mr. DENIS VARELA, this party accredited that DENIS in his
capacity as minister of faith of his institution received the power that by law
he is entitled to, since he received orders from the high command to dismiss
her. DENIS VARELA , this party accredits that DENIS in his condition of
minister of faith of his institution received this power that by law assists
him, since he received orders from the high command to dismiss the
plaintiff, therefore, once again, it has been accredited that there was no
evidence that she had not attended work on Wednesdays and Thursdays of
the month of June of the year 2016.This defense has proven that Mr.
DENIS VARELA , in the exercise of his duties, was the hierarchical
superior of the plaintiff, and therefore the dismissal to which the plaintiff
alludes is framed in the law, since only the hierarchical superior is in charge
of dismissing the plaintiff, and therefore the dismissal of the plaintiff is
framed in the law.With the means of evidence called expert evidence, the
plaintiff was not able to prove that such dismissal was unjustified; therefore,
it is requested that the claim filed be dismissed as unjustified because the
dismissal of Mrs. CARMEN MARTINEZ was in accordance with the law.

JUDGE ORLANDO : SENTENCING HEARING IS CONVENED FOR

10/NOVEMBER 2021, THE PROCEDURAL REPRESENTATIVES, ATTORNEY LUIS
CALIX, ARE HEREBY NOTIFIED.

LUIS CALIX :UNDERSTOOD

ATTORNEY JUAN RODRIGUEZ: NOTIFIED.

46
 SENTENCING HEARING

SECRETARY KIMBERLY ESCOBAR: Good morning to all present in the room, today
Tuesday, November 10, 2021, at 10:30 a.m.; you are requested to maintain order and
composure, as well as to keep your electronic devices closed or turned off. We welcome the
honorable Judge ORLANDO AYALA.

JUDGE ORLANDO AYALA: Good morning to all present in this courtroom, to witness
the development of this Hearing that concerns us, for which he requested the secretary to
verify the appearances of the parties and to inform this Court what is the purpose of this
hearing.

KYMBERLY IF PARTS ARE FOUND

RESOLUTION:

JUDGE ORLANDO: In my capacity as Judge, of the Court of Administrative Litigation

of Tegucigalpa M.D.C. THE PRESENT JUDGMENT SHALL BE RENDERED.

COURT OF LETTERS OF THE ADMINISTRATIVE COURT OF

TEGUCIGALPA, DEPARTMENT OF FRANCISCO MORAZAN ON THE
TENTH DAY OF NOVEMBER TWO THO THOUSAND AND TWENTY ONE.

Attorney ORLANDO AYALA, Judge of the Administrative Court of Appeals of

Tegucigalpa, Department of Francisco Morazán, on behalf of the State of Honduras,
resolves by means of a SENTENCE:

IN VIEW: To render a Judgment resolving the ADMINISTRATIVE CONTENTION

LAWSUIT: IN THE MATTER OF PERSONNEL FOR THE DECLARATION OF

47
 NOT BEING IN ACCORDANCE WITH THE LAW AND THE NULLITY OF
AN ADMINISTRATIVE ACT OF A PARTICULAR NATURE. RECOGNITION
OF AN INDIVIDUALIZED LEGAL SITUATION DUE TO THE ILLEGAL
AND UNFAIR CANCELLATION OF THE APPOINTMENT AGREEMENT,
ADOPTION OF MEASURES FOR ITS FULL REINSTATEMENT, PAYMENT
OF THE CORRESPONDING BENEFITS AND INDEMNITIES AND THE
SALARIES LOST FROM THE DATE OF THE CANCELLATION UNTIL THE
EXECUTION OF THE JUDGMENT DECLARING THE ACTION TO BE
VALID...,
filed by Attorney LUIS JOSE CALIX LAURA PALADA , of legal age, married,
Honduran, lawyer member registered in the Honorable Bar Association of Honduras under
number 26300 and of this domicile, in his capacity as procedural representative of Mrs.
CARMEN MARTINEZ, of this domicile, against the Secretary of Health represented by
Attorney JUAN ALBERTO RODRIGUEZ.

PARTIES: Attorney LUIS JOSE CALIX, in his capacity as procedural representative of

Mrs. CARMEN MARTINEZ, and Attorney JUAN RODRIGUEZ, in his capacity as
procedural representative of the STATE SECRETARIAT OF HEALTH.

OBJECT OF THE PROCESS:

1. On the part of the Plaintiff: To prove that Mrs. CARMEN has been the victim of
damages by the Secretary of Health.

2. On the part of the Respondent: To distort the facts, evidence and claims of the
Respondent through the answer to the lawsuit, because it considers that its representative at
no time was unjustifiably dismissed.

MOTIVATION

48
FIRST: The Constitution of the Republic recognizes that every person or
association of persons has the right to present petitions to the authorities either
for reasons of particular or general interest, and also protects the right to
defense by giving them free access to the courts, as well as protecting its
citizens that no one may be judged except by a competent judge or court.It
also protects the right to defense by giving them free access to the courts, as
well as protecting its citizens that no one can be judged except by a competent
judge or court, and being that the power to impart justice emanates from the
people and is imparted free of charge on behalf of the state through the
Judicial Power. Articles eighty (80), eighty-two (82), ninety (90), three
hundred and three (3), eighty-two (82), ninety (90), and three hundred and
three (3).
(303) of the Constitution of the Republic.

SECOND: That the power to judge and execute what has been judged
belongs exclusively to the Courts and Tribunals of Justice, and also that the
judges of the court of first instance shall hear the acts of jurisdiction in the first
instance. - Articles one (1), of the Law on the Organization and Powers of the
Courts.

THIRD: That article 1539 of the Civil Code establishes that: Contract is a
convention by virtue of which one or more persons are obliged to
another or others, or reciprocally, to give, to do or not to do
something.

49
FOURTH: Our civil law establishes that the REAL contract, in order to be
perfect, requires the tradition of the thing to which it refers; it is SOLEMN
when it is subject to the observance of certain special formalities, so that
without them it does not produce any civil effect and it is CONSENSUAL
when it is perfected by consent alone. - Article one thousand five hundred and
forty-four (1544) of the Civil Code.

FIFTH: A contract does not exist unless the following requirements are met:
1) Consent of the contracting parties. - 2) Certain object that is the subject
matter of the contract; 3) Cause of the obligation to be established; Article
fifteen hundred and fifty-two (1552) of the Civil Code.

SIXTH: Absolute nullity may be alleged by anyone who has an interest in it,
and must be declared ex officio, even if the parties do not allege it, and cannot
be remedied by confirmation or ratification by the parties, nor for a shorter
period of time than that required for ordinary statute of limitations.

SEVENTH: That the final judgments and resolutions issued by the judge shall
be notified and filed in the Court's secretary's office, giving them publicity in
the manner permitted or ordered by the Constitution of the Republic and the
laws; the secretary of the court or tribunal shall place in the files a literal
certification of the same and shall keep under his custody a book of judgments
in which shall be included.

50
signed all final and writs of the same nature articles: two hundred and two
numeral one, two and three (2012.1, 2 and 3) of the Code of Civil Procedure.

EIGHTH: According to Article 219 number 1 of the Code of Civil Procedure:

In declaratory proceedings, the costs of the first instance shall be imposed on
the party that has had all its claims rejected.

NINTH: According to Article 14 of the Contentious Administrative Law, it

does not stipulate If in addition to the declaration of illegality or nullity, the
recognition of an individualized legal situation and its reestablishment is
sought, only the holder of a subjective right derived from the law that is
considered infringed by the challenged act will have standing.

TENTH : According to Article 96 of the Contentious-Administrative Law in

its second paragraph establishes that when the nullity of an act of a particular
or general nature is declared, and the sentence is final, the act in question shall
be without effect, and the defendant administration shall act in accordance
with the provisions of the preceding paragraph.

51
Eleventh: In Article 30, first paragraph, which stipulates that acts of a
general nature or provisions issued by the Public Administration may be
directly challenged before the Contentious-Administrative Jurisdiction, once
they have entered into force administratively.

TWELFTH: Article 34 of the Contentious-Administrative Law stipulates that

the plaintiff, legitimized in accordance with the provisions of Article 14 of the
Contentious-Administrative Law, may request the recognition of an
individualized legal situation and the adoption of the necessary measures for
the full reestablishment of the same, among them the compensation of
damages, when applicable.

THIRTEENTH: That after having made an exhaustive analysis and a precise

evaluation of the evidence, it is appropriate to declare the present lawsuit
SUSTAINABLE .

FAILUR
E:

52
FIRST: DECLARES THE NULLITY OF AN ADMINISTRATIVE ACT
NULL AND VOID. DE CHARACTER
PARTICULAR. RECOGNITION OF AN
INDIVIDUALIZED LEGAL SITUATION DUE TO THE ILLEGAL AND
UNFAIR CANCELLATION OF THE APPOINTMENT AGREEMENT,
ADOPTION OF MEASURES FOR ITS FULL REINSTATEMENT,
PAYMENT OF THE CORRESPONDING BENEFITS AND
INDEMNITIES AND THE SALARIES FOREGONE FROM THE DATE
OF THE CANCELLATION UNTIL THE EXECUTION OF THE
RULING THAT
DECLARE THE ACTION brought by Mrs. CARMEN MARTINEZ, against
THE STATE OF HONDURAS THROUGH THE OFFICE OF THE
ATTORNEY GENERAL OF THE REPUBLIC, PROCURADURAS
GENERAL DE LA REPÚBLICA, PROCURADURAS GENERAL DE
LA REPÚBLICA, PROCURADURAS GENERAL DE LA REPÚBLICA,
PROCURADURAS GENERAL DE LA REPÚBLICA,
PROCURADURAS GENERAL DE LA REPÚBLICA,
PROCURADURAS GENERAL DE LA REPÚBLICA

SECOND: ORDER the nullity of the administrative act by which Mrs.

CARMEN MARTINEZ was dismissed.

THIRD: IT IS ORDERED that Mrs. CARMEN

MARTINEZ be reinstated to the functions she
performed , AND THAT THE PAYMENT OF THE

53
 CORRESPONDING BENEFITS AND
INDEMNIFICATIONS AND THE SALARIES
FORFEITED FROM THE DATE OF THE
TERMINATION UNTIL THE EXECUTION OF
THIS RULING BE IMPOSED.

FOURTH: The secretary of this judicial office is instructed to inform as soon

as possible to Mr.

54
Minister of Health to proceed to comply with the above order.

FIFTH: In this case, it is not appropriate to condemn in procedural or personal

costs in view of the fact that the party whose claim was rejected is the State of
Honduras.

SIXTH: AND ORDERS: That if within the legal term of ten (10) working
days counted from the following working day of its notification no appeal is
filed against the present judgment, in agreement, That the Clerk proceeds to
place in the files, literal certification of the present and in the original of this,
in the book of Judgments and final orders that for such effect is kept in the
General Secretary's Office of this Judicial Office.-

NOTIFY LA PRESENT RESOLUTION A THE

PROCEDURAL PARTIES.

ORLANDO JUDGE: Both parties are hereby notified. Claimant:

notified

Demnadado: notified

55
EXP. 0801-2020-00034
AN APPEAL FOR RECONSIDERATION IS FILED AGAINST A RESOLUTION

JUDGMENT DE LETTERS DE LO CONTENCIOSO ADMINISTRATIVE OF

THE DEPARTMENT OF FRANCISCO MORAZAN.

56
I, LURBIN JOHANA GARCÍA MONTES, of legal age, married, Attorney at Law, Honduran and

of this domicile, registered in the Honorable Bar Association of Honduras under number 1704, with

office at the Attorney General's Office Building of the Republic in Bulevar la Hacienda in this City

of Tegucigalpa, Municipality of the Central District, with telephone numbers 2230-3656, 2230-3655,

e-mail address , indicating said address to receive legal services in this City of Tegucigalpa.blica in

Bulevar la Hacienda of this City of Tegucigalpa, Municipality of the Central District, with

telephones 2230-3656, 2230-3655, e-mail procuradora@gob.hn, indicating said address to receive all

kinds of instruments.

I am acting in my capacity as Attorney General of the Republic and therefore, Legal Representative

of the State of Honduras, as evidenced by the enclosed duly authenticated photocopy of the

Legislative Decree of Appointment No. 10-2020 dated March 15, 2020, issued by the sovereign

National Congress of the Republic and in which my election is recorded, in the administrative

challenge against the Property Institute for the nullity of an administrative act; With due respect I

appear before you, filing in due time and form THE APPEAL OF REPEAL against the order of

admission of the conclusions presented by the plaintiff, because I consider that the same were

presented out of time.

FACTS

FIRST: On the twenty-eighth day of June of the year two thousand and twenty-one was held the

Probative Hearing of the lawsuit filed by Attorney GEOVANNY ALEXANDER LÓPEZ

ARRIAGA, procedural representative of Mrs. ALEJANDRA MARILY JIMÉNES ORTEGA

against the State of Honduras through the Property Institute, which is in this Court under file number

025. ALEJANDRA MARILY MARILY JIMÉNES ORTEGA against the State of Honduras

through the Property Institute, which is in this Court under file number 025-2021.

SECOND: That on July fourteenth, two thousand twenty-one, the brief of conclusions was filed by

Attorney GEOVANNY ALEXANDER LÓPEZ ARRIAGA, legal representative of the plaintiff.

THIRD: That on July seventeenth of the year two thousand twenty-one, this Court issued an order
57
admitting the conclusions presented by the procedural representative of the plaintiff, from the

58
which I was notified on July nineteenth, two thousand twenty-one. This Respondent considers that

the aforementioned conclusions brief is untimely, since it was filed twelve days after the evidentiary

hearing was held, and the term established in Article 75 of the Law of the Contentious

Administrative Jurisdiction is ten (10) working days, which begin to count as of the day following

the date of said hearing.

LEGAL ARGUMENT

I base the present appeal on Articles 60, 80, 82 of the Constitution of the Republic; 44, 75, 76,

77, 89, 134 of the Law on Contentious-Administrative Jurisdiction; 3, 5, 694, 695, 696, 697, 699 of

the Code of Civil Procedure.

REQUEST

To this Court I respectfully REQUEST: To admit the present motion for reconsideration; to consider

it as filed in due time and form; to give it the corresponding legal process and finally to declare this

motion admissible leaving without value and effect the admission order indicated and finally to

resolve it according to the law.

San Pedro Sula, July 20, 2021.

ABOG. LURBIN JOHANA GARCÍA MONTES

ATTORNEY GENERAL OF THE REPUBLIC

PRESENTED BY THE RECEIVER OF THE REPOSITION LETTER

EXP. 0801-2020-00034

59
ADMINISTRATIVE CONTENTIOUS ADMINISTRATIVE COURT OF THE
DEPARTMENT OF FRANCISCO MORAZÁN - Tegucigalpa, Municipality of the Central District,
November eighth, two thousand and twenty.

FACTUAL BACKGROUND
FIRST: On May six (06), two thousand twenty (2020), this Court issued an order rejecting the
evidence proposed by the appellant in this instance.

LEGAL BASIS
FIRST: The reinstatement proceeds against all orders and non-final orders so that the same court
that issued them may proceed to their reconsideration - In the appeal, in all cases, the legal
infringement contained in the challenged resolution shall be expressed, and a succinct explanation of
the appellant's reasons shall be given. Article 694 of the Code of Civil Procedure.

SECOND: Unless the challenged decision was issued orally at a hearing, the appeal shall be filed in
writing within three (3) days. If it is manifestly inadmissible, because it does not meet the
requirements of origin and grounds, the court will reject it without any further procedure. Article 695
of the Code of Civil Procedure.

SECOND: Once the written appeal for reconsideration has been admitted for processing, the parties
are granted three (3) common days within which to file a written opposition. Article 696 of the Code
of Civil Procedure.

ENACTING PART
In view of the foregoing, this Court orders: FIRST: Admit the foregoing brief together with the
simple copy thereof, which is ordered to be added to the record. SECOND: Consider the appeal for
reconsideration filed by attorney LURBIN JOHANA GARCÍA, against the order issued by this
Court on May six (06), two thousand and twenty (2020). THIRD: The opposing party is granted a
term of three (3) days in order for it to pronounce on the appeal filed. - NOTIFY.
SIGNATURES AND SEALS OF THE JUDGE AND CLERK

60
EXP. 0801-2020-00034
AN APPEAL FOR RECONSIDERATION AGAINST THE RESOLUTION DATED
JULY SEVENTEENTH, TWO THOUSAND AND TWENTY-ONE IS DENIED.

ADMINISTRATIVE CONTENTIOUS COURT OF THE DEPARTMENT OF FRANCISCO

MORAZAN.

I, ROLANDO ALBERTO DURON ANDINO, of legal age, married, Attorney at Law, Honduran

and of this domicile, registered in the Honorable Bar Association of Honduras under number 1704,

with office in the Building of the Attorney General's Office of the Republic at Bulevar la Hacienda in

this City of Tegucigalpa, Municipality of the Central District, with telephones 2230-3656, 2230-

3655, e-mail , indicating said address to receive legal services in this City of Tegucigalpa.blica in

Bulevar la Hacienda of this City of Tegucigalpa, Municipality of the Central District, with

telephones 2230-3656, 2230-3655, e-mail procuradora@gob.hn, indicating said address to receive all

kinds of instruments.

I am acting in my capacity as Attorney General of the Republic and therefore, Legal Representative

of the State of Honduras, as evidenced by the enclosed duly authenticated photocopy of the

Legislative Decree of Appointment No. 10-2020 dated March 15, 2020, issued by the sovereign

National Congress of the Republic and in which my election is recorded, in the administrative

challenge against the Property Institute for the nullity of an administrative act; With due respect I

appear before you, filing in due time and form THE APPEAL OF REPEAL against the order of

admission of the conclusions presented by the plaintiff, because I consider that the same were

presented out of time.

FACTS

FIRST: On the twenty-eighth day of June of the year two thousand and twenty-one, an evidentiary

hearing was held on the lawsuit filed by Attorney ROLANDO ALBERTO DURON ANDINO,

procedural representative of Mrs. ALEJANDRA MARILY JIMÉNES ORTEGA against the State

61
of Honduras through the Property Institute, which is in this Court under file number 025-2021.

62
SECOND: That on July fourteenth, two thousand twenty-one, the brief of conclusions was presented

by Attorney ROLANDO ALBERTO DURON ANDINO, legal representative of the plaintiff.

THIRD: That on July seventeenth of the year two thousand twenty-one this Court issued an order of

admission of the conclusions presented by the procedural representative of the plaintiff, of which I

was notified on July nineteenth of the year two thousand twenty-one. This Respondent considers that

the aforementioned conclusions brief is untimely, since it was filed twelve days after the evidentiary

hearing was held, and the term established in Article 75 of the Law of the Contentious

Administrative Jurisdiction is ten (10) working days, which begin to count as of the day following

the date of said hearing.

LEGAL ARGUMENT

I base the present appeal on Articles 60, 80, 82 of the Constitution of the Republic; 44, 75, 76,

77, 89, 134 of the Law on Contentious-Administrative Jurisdiction; 3, 5, 694, 695, 696, 697, 699 of

the Code of Civil Procedure.

REQUEST

To this Court I respectfully REQUEST: To admit the present motion for reconsideration; to consider

it as filed in due time and form; to give it the corresponding legal process and finally to declare this

motion admissible, leaving without value and effect the admission order indicated and finally to

resolve according to the law.

San Pedro Sula, July 20, 2021.

63
 ABOG. ROLANDO ALBERTO DURON ANDINO

SUBMITTED FROM THE FOREGOING LETTER.....

EXP. 0801-2020-00034
ADMINISTRATIVE CONTENTIOUS ADMINISTRATIVE COURT OF THE
DEPARTMENT OF FRANCISCO MORAZÁN - Tegucigalpa, Municipality of the Central District, on
the twelfth day of November, two thousand and twenty.

FACTUAL BACKGROUND
FIRST: On August 27, 2020, this Court issued an order, in which the appeal for reconsideration filed
by the representative of the PROCURADURIA was admitted for processing, and a term of three
days was granted to the procedural representative of the appealed party, so that she could formulate
her written opposition to said appeal for reconsideration.

LEGAL BASIS
FIRST: Once the period for opposition has elapsed, whether or not a writ has been filed, the court
will decide without further formalities, by means of an order, within three (3) days. Article 697 of
the Code of Civil Procedure.

SECOND: Therefore, this Court pronounces that upon reviewing the motion for reconsideration
filed by attorney LURBIN JOHANA GARCÍA, in which she states that it is not attributable to her
representation, the fact that the evidence now offered could not have been offered in the first
instance, since such evidence arises from the interrogation of the parties at the hearing, by virtue of
which this Court, in accordance with Article 241 of the Code of Civil Procedure, considers declaring
that the motion for reconsideration is not admissible, since attorney ROLANDO ANDINO should
have argued at the time of the hearing that the evidence offered could not have been offered in the
first instance, since such evidence arises from the interrogation of the parties at the hearing.By virtue
of this, this Court, in accordance with Article 241 of the Code of Civil Procedure, considers that the
64
appeal for reinstatement requested by the plaintiff is not admissible, since attorney ROLANDO
ANDINO should have argued the new fact that he invokes today at the time of the hearing and
proposed the evidence that was convenient to his right, which would be resolved on the spot and if
the resolution was not favorable to him,

65
The parties may protest at the same time to the effect of asserting their rights in the appeal that may be
filed against the final judgment.

ENACTING PART
In view of the foregoing, this Court orders: I) to consider as filed in due time and form the opposition
brief to the motion for reinstatement by attorney ROLANDO ALBERTO DURON ANDINO. II)
TO DISMISS the motion for reconsideration filed by attorney LURBIN JOHANA GARCÍA,
against the order dated May six, two thousand twenty issued by this Court, for the reason stated in
Second Captions of the Grounds of Law of this Resolution. III) -NOTIFY.

SIGNATURES AND SEALS OF THE JUDGE AND CLERK

EXP. 0801-2020-00034

MINUTES OF THE PRELIMINARY HEARING

JUDGE JEOVANI
Good morning to those present:
In order to start the hearing, I request the secretary to verify the attendance of the parties.

SECRETARY JENNIFER: Good morning, everyone in the room is asked to please turn off their
cell phones or put it on vibrate as the hearing begins.

In the city of San Pedro Sula, Department of Cortes, being eight o'clock and twenty minutes in the
morning of Tuesday, August three of the year two thousand and twenty-one, the time appointed for
the celebration of the present PRELIMINARY hearing , the hearing begins in the lawsuit with
EXP.02456 - 2021 containing an ORDINARY SUIT IN PERSONAL MATTERS IN PERSONAL
MATTERS OF THE

66
ADMINISTRATIVE LITIGATION FOR NULLITY OF AN ADMINISTRATIVE ACT.
Promoted by Attorney ROLANDO DURON, in his capacity as legal representative of Mrs. TIANA
MELISSA HERNANDEZ BONILLA, against the State of Honduras, through the Attorney General
of the Republic, Attorney LURBIN JOHANA GARCIA MONTES, in her capacity as defender of
the State of Honduras.
The same is opened in the presence of attorney GEOVANNY ALEXANDER LÓPEZ ARRIAGA,
Judge of the Administrative Court of Appeals.

I then proceed to verify the appearance of the parties, Attorney ROLANDO DURON , Plaintiff's
procedural representative and Attorney LURBIN JOHANA GARCIA MONTES, legal
representative of the defendant.

Mr. Judge takes the floor.

JUDGE JOVANNY:

Once the appearance of the parties has been verified, the present hearing begins, the purpose of
which is to develop the preliminary hearing of the claim contained in file number 123-2021. JUDGE
GEOVANNI:

First of all, I ask attorney LURBIN JOHANA GARCIA MONTES, in her capacity as attorney, if
she has authorization or executive agreement to conciliate.

PROCURATOR LURBIN GARCIA: No, Your Honor, I do not have authorization to conciliate.

JUDGE GEOVANNI:

The conciliation stage was deemed to have failed because the attorney general did not have the power to
conciliate.

The floor is given to the plaintiff to express if it has any procedural defect to denounce.

PLAINTIFF ATTORNEY ROLANDO DURON:

No, Your Honor, I have no procedural defects to announce.

JUDGE JEOVANNI:

For the principle of equality, the floor is given to the attorney to express if she has any procedural
defect to denounce.
PROCURADORA LURBIN GARCIA:
No, Your Honor, I have no procedural defects to denounce.

67
JUDGE JOVANNI:

The floor is given to the plaintiff so that he may precisely state his claim and terms of the debate,
based on articles 458 and 459 of the CPC.
PLAINTIFF ATTORNEY ROLANDO DURON:

Rolando sets out his claim and terms of the debate

Thank you Mr. Judge, the claims in the present lawsuit in the nullity of the CANCELLATION
AGREEMENT of Appointment number SEDNA -328-2018 dated (8) eight of April Two Thousand
Eighteen (2018), issued by the Secretary of State in the Security Offices (SEDNA). Since the
cancellation is made in violation of Article 55 of the Civil Service Law, in relation to Article 283 of
the Civil Service Regulations, since both legal precepts establish that the notification of the
cancellation due to Severance must be made one month in advance, and in this case it was made
seven (7) days after the cancellation was issued.Both legal precepts establish that the notification of
the cancellation due to Severance must be made by the Appointing Authority one month in advance
and in this case it was made seven (7) days after it was issued. It is also requested the reinstatement
of my client to her position in equal or better conditions than those prevailing at the time of her
cancellation of her appointment, and as Damages, the payment of the salaries lost since the date of
her cancellation plus the costs of the lawsuit.
That is all, Your Honor.
JUDGE JOVANNI:

Based on the principle of contradiction contained in article 4 CPC, the floor is given to the
prosecutor of the Republic of Honduras so that she may precisely state her claim, opposition and
terms of the debate.
PROCURADORA LURBIN GARCIA:
Thank you Mr. Judge, Being at the time to accurately state the claim and the opposition and acting in

my capacity as legal representative of the State of Honduras, I hereby state my opposition and the

first fact of the claim is declared uncontroverted because it is true and the second fact is declared

controverted since the plaintiff was the object of calls for attention during her work for the

Secretariat of State in the Security Offices (SEDNA), which will be proven at the appropriate

procedural moment.The third fact of the claim is declared controverted, as it is totally false what the

plaintiff has stated, since the Agreement of Cancellation of Appointment number SEDNA - 328-

68
2018 dated April 8, 2018, was personally notified to the plaintiff, and the fact that the plaintiff was

not notified of the cancellation of the appointment is declared controverted, as it is not true.

69
fourth, since the plaintiff's rights have not been violated as expressed by the plaintiff. Therefore, I

request the judge to declare the plaintiff's claim dismissed and to order the plaintiff to pay the costs.

JUDGE JOVANNI:
Once the claims have been established by the plaintiff, and the opposition has been presented by the
plaintiff, the object of the debate consists of the NULLITY OF AN ADMINISTRATIVE ACT
CONSISTENT IN THE CANCELLATION AGREEMENT NUMBER SEDNA JUNE 15,
DATED APRIL 7, 2021, ISSUED BY THE PROPERTY INSTITUTE.
Therefore, the means of evidence to be proposed must be oriented solely and exclusively to the fact
that said act was not issued in accordance with the law.
Continuing with the next moment of the hearing, consisting of the presentation of evidence, based on
article 463 of the CPC.
The plaintiff is given the floor to propose its means of proof.
PLAINTIFF ATTORNEY ROLANDO DURON:

Rolando proposes proof

Thank you, Your Honor, this plaintiff proposes as evidence the private documents consisting of:

- Agreement SEDNA-36-2008 dated March 1, 2008, which certifies that on this date my client began
working in the position of Administrative Officer I in the Personnel Department.

- Agreement number SEDNA-236-2018 dated March 1, 2018, where it is shown that my represented
was promoted to the position of Administrative Planner III, in which I was earning the amount of
L.23,000.00, from which I was dismissed.

- The CANCELLATION AGREEMENT of Appointment number SEDNA -328-2018 dated (8)

eighth day of April, Two Thousand Eighteen (2018) issued by the Secretary of State in the Security
Offices (SEDNA).

- Copy of the administrative file kept by the human resources department of SEDNA, where it is
evidenced that my client, during all the time she worked for this institution, has never been
reprimanded or sanctioned in any way.

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Evidence that I request your Honor, be admitted as useful, pertinent and necessary, since it serves to
demonstrate that my client was terminated in violation of her job.

JUDGE JOVANNI:
Once the evidence has been proposed by the plaintiff, the floor is given to the prosecutor of the
Republic of Honduras to express if she has any opposition to the evidence proposed by the plaintiff,
and in turn to propose her own evidence.
PROCURADORA LURBIN GARCIA:
I have no objection to the means of proof proposed by the plaintiff and I will use the following
means of proof to prove the points sustained in the answer to the claim:
Documentary:

 Copy of the Appointment Agreement SEDNA -36-2008 dated March 01, 2008.

 Copy of Agreement No. SEDNA -328-2018 of dismissal dated April 08, 2018 effective

as of May 08, 2018.

 Notification of Agreement No. SEDNA -328-2018 dismissal dated April 08, 2018.

 Call for Attention Memoranda number 25 dated August 10, 2016.

 Call for Attention Memoranda number 30 dated July 25, 2017.

 Witness evidence, consisting of the statement of Mrs. PATRICIA TERESA GIRON, with
identity card number 1101-1987-02905, domiciled at Kenny
neighborhood in the city of Tegucigalpa, M.D.C., evidence proposed to prove the fourth fact of
the answer to the claim.
Evidence that I request, Your Honor, to be admitted as useful, pertinent and necessary for the
clarification of the object of the debate.

JUDGE JOVANNI:
The plaintiff has the floor to state whether it has any objection to the means of evidence proposed by
the Prosecutor.

PLAINTIFF ATTORNEY ROLANDO DURON:

No your Honor, I have no objection to the evidence proposed by the defendant.

JUDGE JOVANNI:

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After the parties have proposed their means of proof, based on article 479 of the CPC,
THIS COURT RESOLVES:
Proceed to admit the means of evidence proposed by the plaintiff, as they are considered useful,
pertinent and necessary for the clarification of the object of the debate, consisting of:
Admitting means of evidence of the plaintiff
Admitting means of evidence of the procurator.
These being the means of evidence admitted, a PROBATORY HEARING is scheduled for Friday,
August sixth of the year two thousand twenty-one, at nine o'clock in the morning, pursuant to Article
465 of the CPC, for Friday, August sixth of the year two thousand twenty-one, at nine o'clock in the
morning. -
The parties have been notified in stratus. -
PLAINTIFF ATTORNEY ROLANDO DURON: Notified, Your Honor.

PROCURATOR LURBIN GARCIA: Notified, Your Honor.

The present hearing is hereby adjourned, being ten o'clock in the morning and signed for the

record before the undersigned judge and secretary of the Office who attests. –

EXP. 0801-2020-00034

Minutes of Evidentiary Hearing

ROLANDO JUEZ:
Good evening to those present:
In order to begin the development of the present evidentiary hearing, I request Secretary LURBIN
GARCIA to verify the concurrence of the parties.
SECRETARY LURBIN: Good evening to the parties and the public present, it being 08 pm on
August 11, 2021, being the day and hour appointed for the present evidentiary hearing, which is
about the ORDINARY COMPLAINT FOR A DECLARATION OF THE NULLITY OF AN
ACT
ADMINISTRATIVE IN PERSONNEL MATTERS, promoted by Attorney GEOVANNI
LOPEZ, in his capacity as legal representative of Mrs. ARGELIA SIERRA, against the State of
Honduras, through the Attorney General of the Republic, Attorney JENIFFER CARMONA, in her
capacity as defender of the State of Honduras, and Attorney JENIFFER CARMONA, in her
capacity as defender of the State of Honduras, against the State of Honduras.
Also, your honor: the plaintiff is Mrs. ARGELIA SIERRA, and her legal representative, attorney
GEOVANNI LOPEZ and attorney JENIFFER CARMONA in her capacity as legal representative
of the State of Honduras.
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ROLANDO JUDGE: The present hearing is declared open, Secretary LURBIN read the Minutes of
the Preliminary Hearing dated August 04, 2021, where the object of the process, the disputed facts
and admitted evidence were established, as established in Article 466 numeral 2 of the Code of Civil
Procedure.
SECRETARY LURBIN: Thank you, Your Honor. Minutes of the Preliminary Hearing dated
August 4, 2021, the object of the process, the facts in controversy and the evidence admitted were
established in accordance with Article 466 paragraph 2 of the Code of Civil Procedure. As:
SUBJECT OF THE DEBATE:
THE NULLITY OF THE AGREEMENT OF CANCELLATION OF APPOINTMENT NUMBER
SEDNA 328-2018 DATED APRIL 8, 2018, ISSUED BY THE SECRETARY OF STATE IN THE
OFFICES OF SECURITY (SEDNA).
EVIDENCE ADMITTED TO THE PLAINTIFF CONSISTING OF PRIVATE
DOCUMENTS:
1. Agreement SEDNA -36-2008 dated March 1, 2008 by which it is accredited that on this date
Mrs. ARGELIA SIERRA began to work in the position of Administrative Officer I in the
Personnel Department.

2. - Agreement number SEDNA-236-2018 dated March 1, 2018, where it is shown that Mrs.
ARGELIA SIERRA was promoted to the position of Administrative Planner III, in which she
was earning the amount of L.23,000.00, from which she was dismissed.

3. The CANCELLATION AGREEMENT of Appointment number SEDNA -328-2018 dated (8)

eighth day of April, Two Thousand Eighteen (2018) issued by the Secretary of State in the Security
Offices (SEDNA).
4. Copy of the administrative file kept by the human resources department of SEDNA, where it is
accredited that Mrs. ARGELIA SIERRA in all the time she worked for this institution, was never
called to attention or sanctioned in any way.
EVIDENCE ADMITTED TO THE DEFENDANT CONSISTING OF PRIVATE
DOCUMENTS AND INTERROGATION OF THE PARTIES:

1) Documentary evidence consists of:

 Appointment agreement number 0131-2012 issued on June 14, 2012.

 Memorandum number 16 dated March 22, 2021.

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  Cancellation Agreement number 4123-2021, issued on April 07, 2021.

 Proof of permission granted.

 Note of Administrative Claim before the hierarchical superior dated April 15, 2021.

 Resolution of administrative claim dated seventeen seventeen 17 of May of the year two
thousand and twenty-one (2021)

2) Witness evidence, consisting of the declaration of Mrs. PATRICIA TERESA GIRON, with
identity card number 1101-1987-02905, with domicile in Colonia Kennedy of this city of
Tegucigalpa, M.D.C., evidence proposed to prove the fourth fact of the answer to the claim.

ROLANDO JUDGE: according to art. 252 of the C.P.C, which establishes the order of the practice
of the evidence, proceeds to evacuate the testimonial evidence, beginning with the practice of the
attorney of the procurator's office JENIFFER CARMONA, since she was the one who proposed this
means of evidence, which consists in the interrogation of Mrs. PATRICIA TERESA GIRON, in her
condition of being a witness. JENIFFER CARMONA because it was she who proposed this means
of evidence which consists of the interrogation of Mrs. PATRICIA TERESA GIRON, in her
condition of plaintiff, Please Mrs. PATRICIA GIRON to take the stand.
JUDGE What is your name?
witness.. . PATRICIA TERESA GIRON.
JUDGE: Are you single or
married? witness: yes, I am
married
JUDGE: Can you tell us your profession and where you live?
Plaintiff: I am a graduate in Marketing with domicile in this city of ROATAN.
JUDGE: Counsel for the Respondent has the floor.
ATTORNEY JENIFFER CARMONA ASKS:
Mrs. Patricia, since when have you been working at the Secretariat of State in the Security Offices
(SEDNA)?
MRS. PATRICIA:
I have been working at the Secretariat since June 5, 2010.

ATTORNEY JENIFFER CARMONA ASKS:

What is your position?
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Mrs. PATRICIA TERESA GIRÓN:

75
Human Resources Manager.

ATTORNEY JENIFFER CARMONA ASKS:

Do you know Mrs. ARGELIA SIERRA?

Mrs. PATRICIA TERESA GIRÓN:

If I know her, she worked as an Administrative Planner III in the Secretariat.

ATTORNEY JENIFFER CARMONA ASKS:

When Ms. ARGELIA SIERRA was dismissed, was someone assigned to that position?

Mrs. PATRICIA TERESA GIRÓN:

No, this position was merged with two other positions in order to proceed with administrative
restructuring, thus generating savings for the Secretariat.

ATTORNEY JENIFFER CARMONA:

That is all, Your Honor.
ROLANDO JUEZ: Plaintiff GEOVANNI LOPEZ has the floor to ask any questions he deems
appropriate.
GEOVANNI LOPEZ MANIFESTA I have no questions, your honor. .
JUDGE ROLANDO: The present stage is deemed to have been completed, therefore, the

documentary evidence proposed by both procedural parties will be presented in the following

manner, which consists in the exhibition of the same, since both parties claim to know the content of

such evidence, which was admitted by this Court in the preliminary hearing. NOW, THEREFORE,

THIS COURT RESOLVES: that the means of evidence proposed by both parties having been

presented, a period of 10 working days is granted to the parties so that they may proceed to present

their final conclusions in writing in accordance with Article 75 of the Law of the Contentious-

Administrative Jurisdiction. Wherefore, on this date of August 11, 2021, this hearing is hereby

adjourned at (09:00 p.m.) signed by the undersigned Judge, the parties appearing and the clerk of the

Office who attests.

SIGNATURES OF THE PARTIES

76
 SENTENCE

ADMINISTRATIVE CONTENTIOUS COURT OF THE DEPARTMENT OF FRANCISCO

MORAZÁN

EXP. 0801-2020-00034
ADMINISTRATIVE CONTENTIOUS COURT OF THE
DEPARTMENT OF FRANCISCO MORAZÁN - Tegucigalpa, Municipality of the Central District,
on the thirtieth day of November, two thousand and twenty.

IN VIEW: For the purpose of rendering judgment in the APPLICATION FOR A

DECLARATION OF THE NULLITY OF AN ADMINISTRATIVE ACT IN THE MATTER
OF PERSONNEL - RECOGNITION OF AN INDIVIDUALIZED LEGAL SITUATION FOR

77
ITS PROMPT

78
REINSTATEMENT - ORDER THE REINSTATEMENT IN EQUAL OR BETTER
CONDITIONS TO THOSE PREVAILING AT THE TIME OF ISSUANCE OF THE
AGREEMENT OF CANCELLATION OF APPOINTMENT - PAYMENT OF LOST WAGES
AS DAMAGES - SALARY INCREASES AND OTHER COLLATERAL BENEFITS DURING
THE SEQUEL OF THE PRESENT CASE.
JUDGMENT, filed on November 02, 2020, by Mrs. TIANA MELISSA HERNANDEZ BONILLA.

PLAINTIFF: TIANA MELISSA HERNANDEZ BONILLA. DEFENDANT: THE STATE OF

HONDURAS.

FORMAL PARTIES: PLAINTIFF: Attorney ROLANDO ALBERTO DURON ANDINO.

DEFENDANT: Attorney LURBIN JOHANA GARCIA.

OBJECT OF THE PROCESS: To hear and resolve the cancellation made in violation as
established in Article 55 of the Civil Service Law, in relation to Article 283 of the Civil Service
Regulations, since both legal precepts establish that the notification of the cancellation due to
Severance must be made by the Appointing Authority one month in advance and in this case it was
made seven (7) days after it was issued.Both legal precepts establish that the notification of the
cancellation due to Severance must be made by the Appointing Authority one month in advance and
in this case it was made seven (7) days after it was issued. It is also requested the reinstatement of
my client to her job in equal or better conditions than those prevailing at the time of her cancellation
of appointment, and as Damages, the payment of the salaries lost since the date of her cancellation
plus the costs of the trial.

FACTUAL BACKGROUND

FIRST: On November 02, 2020, Mrs. TIANA MELISSA HERNANDEZ BONILLA appeared
before this Court, suing the STATE OF HONDURAS, since through the Secretary of State in the
Security Offices (SEDNA) the plaintiff states that she was terminated in violation of the law since
she was never notified of her dismissal in the manner established in the law. Visible at folios 2 to 5
of this document.

SECOND: On November 10, 2020, the Attorney of the Republic LURBIN GARCIA proceeded to
answer the aforementioned lawsuit, and in the same document requested preliminary defenses, which
were resolved in a hearing and which were dismissed for not complying with the requirements
established by law. Proceeding to file a reinstatement of the resolution issued by this Court, which
was admitted by means of an order, also by the principle of contradiction, the following was

79
admitted

80
The opposing party, attorney ROLANDO DURON, proceeded to transfer the appeal to the opposing
party, stating in his opposition that the appeal be dismissed. See folios 12 to 21.

THIRD: On the 12th day of the same month and year, this Court issued an order, which in its
operative part states: I) to consider as filed in due time and form the opposition to the motion for
reconsideration by the attorney ROLANDO ALBERTO DURON ANDINO. II) TO DISMISS the
motion for reconsideration filed by attorney LURBIN JOHANA GARCÍA, against the order dated
May six, two thousand twenty issued by this Court, for the reason stated in Second Captions of the
Grounds of Law of this Resolution. III) -NOTIFY. Therefore, the preliminary hearing was then
held, where the parties were asked if they had any intention of conciliating, the same intention failed
because they did not reach any agreement, then the object of the debate was set, once the object of
the debate was set, the evidence was presented by both parties. Once the object of the debate was
fixed, the parties proceeded with the presentation of evidence by both parties. Once this stage was
completed, this court admitted all the evidence offered by the parties and also fixed the evidentiary
hearing, notifying the parties on the witness stand. See folios 23 to 28.
FOURTH: On November 20, 2020, an evidentiary hearing was held where the evidence proposed
by both parties was examined, beginning with the evidence of private documents proposed by the
plaintiff, consisting of:

1. Agreement SEDNA -36-2008 dated March 1, 2008 by which it is accredited that on this date
Mrs. ARGELIA SIERRA began to work in the position of Administrative Officer I in the
Personnel Department.

2. - Agreement number SEDNA-236-2018 dated March 1, 2018, where it is shown that Mrs.
ARGELIA SIERRA was promoted to the position of Administrative Planner III, in which she
was earning the amount of L.23,000.00, from which she was dismissed.

3. The CANCELLATION AGREEMENT of Appointment number SEDNA -328-2018 dated (8)

eighth day of April, Two Thousand Eighteen (2018) issued by the Secretary of State in the Security
Offices (SEDNA).

4. Copy of the administrative file kept by the human resources department of SEDNA, where it is
accredited that Mrs. ARGELIA SIERRA in all the time she worked for this institution, was never
called to attention or sanctioned in any way. Which were evacuated

81
The evidence admitted by the defendant, consisting of the following, was then examined:
1) Documentary evidence consists of:
 Appointment agreement number 0131-2012 issued on June 14, 2012.

 Memorandum number 16 dated March 22, 2021.

 Cancellation Agreement number 4123-2021, issued on April 07, 2021.

 Proof of permission granted.

 Note of Administrative Claim before the hierarchical superior dated April 15, 2021.

 Resolution of administrative claim dated seventeen seventeen 17 of May of the year two
thousand and twenty-one (2021)

Witness evidence, consisting of the declaration of Mrs. PATRICIA TERESA GIRON, with
identity card number 1101-1987-02905, with domicile in Colonia Kennedy of this city of
Tegucigalpa, M.D.C., evidence proposed to prove the fourth fact of the answer to the claim. They
were evacuated in their entirety.

FUNDAMENTALS OF RIGHTS

FIRST: This Court is competent to hear the claim filed before this Court of Administrative
Litigation of the Department of Francisco Morazán, since it exercises its jurisdiction within the same
territorial circumscription - Articles 23, 28, 33 of the Code of Civil Procedure, hereinafter referred to
as CPC, and 139 of the Law of Organization and Powers of the Courts.

SECOND: It is necessary to point out once again that, due process must be understood as a peaceful
means of conflict resolution, as a suitable remedy for conflicts through the eradication of illegitimate
force, and as a debate in which two parties participate with the intervention of an independent and
impartial third party who interprets and applies the law to each specific case, governed in a
constitutional and democratic state of law, by a series of basic principles and guarantees that ensure
the protection of the law in each specific case.It is governed in a constitutional and democratic state
by a series of basic principles and guarantees that ensure the effective judicial protection of
fundamental rights, and ultimately a fair trial for the parties. Therefore, due process is said to be a
right that contains, groups or encompasses other rights,
82
which are contemplated as "Judicial Guarantees" in Article 8 of the American Convention on Human
Rights (Pact of San José). Among these other rights, we find the right of the parties to a judicial
process, without alterations or deformations, during the course, development or logical procedural
unfolding of the same. Consequently, it is clear that the parties have the right to a trial in which they
are guaranteed due process; and, furthermore, to a judicial decision that presents sufficient
motivation, foundations or legal arguments that justify what occurred in the various stages of said
process; and that is CONGRUENT with the claims opportunely deduced by the parties, in any type
of process. The requirement that judicial decisions be reasoned guarantees that judges, regardless of
the instance to which they belong, express the mental process that has led them to decide a
controversy, ensuring that the exercise of administering justice is done subject to the Constitution
and the law; but also, with the purpose of facilitating an adequate exercise of the right of defense of
the parties. It is understood that the foregoing must occur both in the proven facts and in the legal
grounds, which are the basis for the operative part or judgment, therefore, there must be coherence
between them. And it is through the legal grounds that judgments will always be reasoned, a
reasoning that must cover all the claims that have been timely deduced, as well as the other litigious
points that have been the subject of debate. Articles 193.1.b), 199, 206, 207, 208 of the CPC.

THIRD: That access to justice is understood as the fundamental right under the guarantee of equal
treatment before the law and non-discrimination that makes it possible for all persons to have access
to the knowledge, exercise and defense of their rights and obligations, as well as to resort to and
promote the activity of the bodies in charge of providing public service in the administration of
justice, in order to obtain legal protection of their interests through a prompt, complete, and complete
resolution.That access to justice is understood as a fundamental right under the guarantee of equal
treatment before the law and non-discrimination that allows all persons to have access to the
knowledge, exercise and defense of their rights and obligations, as well as to resort to and promote
the activity of the bodies in charge of rendering the public service of justice, with the purpose of
obtaining the legal protection of their interests through a prompt, complete and impartial resolution.
When exercising the right to petition, the parties must express in a punctual, clear and concrete
manner what they are requesting, that is to say, what they demand, request or intend that the Court
resolve. Articles 80 of the Constitution of the Republic; 424.2.g, 700, 701 of the Code of Civil
Procedure. State employees have no powers other than those expressly conferred to them by law.
Any act performed outside the law is null and void. Article 80, 321 of the Constitution of the
Republic.

FOURTH: In the instant case, it is possible to verify, in the facts expressed and in the evidence

83
provided by the plaintiff, the concept of the infraction, which they allege was committed by the
Secretary of State in the Security Offices (SEDNA), since with the documentary evidence this
Jurisdictional Body is able to verify that the memorandum provided by the defendant, it is not
possible to clarify that this is a cause for the dismissal of a person, since the memorandum provided
by the defendant, does not clarify that this is a cause for the dismissal of a person.risdictional Body is
able to appreciate that the memorandum provided by the defendant does not make it clear that this is
a cause for the dismissal of a person, since this only corrects the conduct of the personnel, and there
are mechanisms to sanction the personnel, but it is not a cause for the dismissal of a person.

84
The evidence provided by the plaintiff, consisting of the administrative file of the now plaintiff, also
shows that she was never subject to a monetary sanction or suspension sanction, also in that file it is
possible to observe that she was never legally given a discharge hearing, which gives rise to a true
violation of the dismissal carried out by (SEDNA).Also in that file it can be seen that she was never
legally given a discharge hearing, which with this action gives rise to a true violation of the dismissal
carried out by (SEDNA), for such reason this Court is obliged to correct such conduct and order the
reinstatement of Mrs. TIANA MELISSA HERNANDEZ BONILLA, to her job position. Likewise,
this Court considers that based on its function to remedy the due process and the right of defense, it
must make use of the constitutional principle of nullity of the agreement of cancellation of the
CANCELLATION AGREEMENT of Appointment number SEDNA -328-2018 dated (8) April
eighth, two thousand eighteen (2018) issued by the Secretary of State in the Security Offices
(SEDNA) and reestablish the process to the person in question.The Court considers that based on its
function of remedying the due process and the right of defense, it must make use of the constitutional
principle of nullity of the agreement of cancellation of the CANCELLATION AGREEMENT of
Appointment No. SEDNA -328-2018 dated April 8, 2018 issued by the Secretary of State in the
Security Offices (SEDNA) and reinstate the process in order not to violate the right of defense of the
now plaintiff. Articles 321 of the Constitution of the Republic; 1 and 40 of the Law on the
Organization and Powers of the Courts, 1,38,53,55,57 and other applicable articles of the Civil
Service Law; 1,6,7,279,280,282,283 of the Regulations of the Civil Service
Law1,6,7,279,280,282,283 of the Regulations of the Civil Service
Law;1,2,3letrach,5,6,7,12,13,14,17,17,24,28,28,46,47,49,50,55,55,57,59,62,68,
69,75,76,77,78,79,82,84,86,89,90,91,95, 96,97,98,100,101,108,109,112,132 and 134 of the Civil
Service Law.
jurisdiction, 81 and 82; 234.1, 690, 700, 701.3, 705.1.2, 715.1 of the Code of Civil Procedure.

ENACTING PART

THEREFORE: This Court of Administrative Litigation of the Department of Francisco Morazán,

on behalf of the State of Honduras. ORDER: FIRST: WITH PLACE OF LAWSUIT FOR THE
DECLARATION OF THE NULLITY OF AN ADMINISTRATIVE ACT IN PERSONNEL
MATTERS.- RECOGNITION OF AN INDIVIDUALIZED LEGAL SITUATION FOR ITS
PROMPT RESTATEMENT.ORDER THE REINSTATEMENT IN EQUAL OR BETTER
CONDITIONS TO THOSE PREVAILING AT THE TIME OF ISSUANCE OF THE
AGREEMENT OF CANCELLATION OF APPOINTMENT.PAYMENT OF LOST WAGES
AS DAMAGES.-WAGE INCREASES AND OTHER COLLATERAL BENEFITS.-

85
PAYMENT OF LOST WAGES AS DAMAGES.-WAGE INCREASES AND OTHER
COLLATERAL BENEFITS.-PAYMENT OF LOST WAGES AS DAMAGES.-PAYMENT OF
LOST WAGES AND OTHER COLLATERAL BENEFITS.-PAYMENT OF LOST WAGES
AS DAMAGES.-PAYMENT OF LOST WAGES AS DAMAGES.
DURING THE SEQUEL OF THE PRESENT JUDGMENT, filed by Mrs. TIANA MELISSA
HERNANDEZ BONILLA. SECOND: That he be reinstated to his job and that he be compensated
for all wages lost since the cancellation was made THIRD: An appeal may be filed against this
judgment, which shall be filed before this same court. NOTIFY.

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SIGNATURE OF THE JUDGE

SECRETARY'S SIGNATURE

87