IS IT CORRECT TO REGISTER THE ADJUDICATION -TROUGH ILLEGAL AUCTION – OF THE FARMS LA CLEMENTINA, EL TEJANO AND RIO PLAYON IN THE PROPERTY REGISTRY OF BABAHOYO?



Through the media, the now “representative” of the workers of La Clementina Farm, Carlos Ordenana Carrion, announces his pretension to register the deed of sale, trough an illegal auction, of 3 farms, in the Property Registry of the Babahoyo canton.

It is evident that Mister Carlos Ordeñana Carrion, who is also a tax warehouse keeper of the farms, ignores some basic issues of the Law, which I will proceed to clarify to him, as legal representative of EBNSA:

1) The Property Registry of Babahoyo, when registering  the seizure of the farms El Tejano and Rio Playon, pointed out the following:

THE MATTER: The certification of the properties which are located in the Montalvo canton, is valid only until January  31 of 1985, date from which the Property Registration of that canton started operating. 

As we can see the Property Registry of Babahoyo RECOGNISES that the farms El Tejano and Rio Playon ARE LOCATED IN THE MONTALVO CANTON, in addition, it also recognises that the entity started operating on January 31 of 1985.

This same official, in spite of the recognition, in the same document she proceeds to register both properties in the Registry she is responsible for, in spite of not having competence to do so and therefore violating the numeral 3 of the letter a) of Article 4 of the Registration Law which expressly prohibit the Registration officials to register documents regarding properties that are not located in their respective cantons. In other words, she violated what the law states.

2) As a previous step before filing an application of habeas data against this official so SHE CAN BE FORCED TO RECTIFY HER MISTAKE, we have asked her to recognise that she has violated the law and to refrain from acting within this subject and to REVOKE what has been done, ILLEGALLY,  until the moment. 

In the other hand, we have filed, under the numeral 23 of Article 66 of the Constitution, a petition to the Mayor of Babahoyo to certify how much money has been payed to her Municipality regarding the taxes for domain transfer, a sine qua non requisite, without which, nobody can approach a Notary to list absolutely NOTHING. We note that the CFN granted a loan to a group of workers to buy the farms but we don’t know yet from where they are going to get the money for the payment of listings, registrations, taxes, and the most important, to start the operation of those farms. 

4)  But maybe, one of the MAIN aspects that prevent any registration of transfer of domain of the 3 farms auctioned by the SRI, corresponds to the undeniable fact of the EXISTENCE OF A REQUEST FOR THE  REVOCATORY OF THE AUCTION, based on the various  irregularities that has nulled the process and that are of public knowledge.

Bananera Noboa, makes it clear, that, in spite of the brutal persecution carried out against us, motivated by a strictly political event to damage Alvaro Noboa Ponton, and now continues with demands against our attorneys, we will continue to exhaust the recourses provided by the Ecuadorian Law and we will have an answer to this judicial drama in an international court in which we will demonstrate each one of the aberrations that are part of this collection process, clearly unrealistic.

 

Attorney. Roberto Ponce Noboa

LEGAL REPRESENTATIVE

BANANERA NOBOA S.A. EXPORTING COMPANY

 

Dr.Juan Vizuete Ronquillo

ATTORNEY

BANANERA NOBOA S.A. EXPORTING COMPANY

 

Msc. Pedro Javier Granja

ATTORNEY

BANANERA NOBOA S.A. EXPORTING COMPANY


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