ORAL ACCOUNTABILITY TRIAL

FILE NO.00017-10-2014. OFFICIAL 4to.

SEÑOR JUEZ DE PRIMERA INSTANCIA DE FAMILIA DEL DEPARTAMENTO DE
GUATEMALA.- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
MARIO ENRIQUE PELLECER ARREOLA, fifty years of age, married, physician, Guatemalan,
of this domicile, I respectfully appear before you and,

EXHIBIT

I. He acted under the direction and representation of attorney Lester Bryan Reyes Estrada
and designated his office located at thirteenth street two dash fifty two of zone nine of
Guatemala City, ABC building, fourth level, office 4B, as the place to receive notifications.

II. I appear before the judge in order to file the PREVIOUS EXEMPTION OF PRESCRIPTION,
to answer the lawsuit filed against me in the NEGATIVE SENTENCE, as well as to file the
PEREMPTIONAL EXCEPTION OF PROMPT COMPLIANCE OF THE ACCOUNTABILITY AND
DELIVERY OF THE PROPERTY UNDER MY ADMINISTRATION AND PEREMPTIONAL
EXCEPTION OF APPROVAL OF THE ACCOUNTABILITY AND TO COMPLY WITH THE
PROVISIONAL OBLIGATION TO RENDER THE ACCOUNTABILITY DECLARED AGAINST ME.N
AND PERMITTED EXCEPTION OF APPROVAL OF THE ACCOUNTABILITY AND TO COMPLY
WITH THE PROVISIONAL OBLIGATION TO ACCOUNTABILITY OF ACCOUNTABILITY
DECLARED TO ME, in the ORAL ACCOUNTABILITY TRIAL brought against me by RICARDO
PELLECER WAY.
Based on the following;

FACTS

BACKGROUND
El día diecisiete de octubre del año dos mil catorce, se me notifico la demanda de juicio
oral de rendición de cuentas en contra de mi persona, promovida por mi hijo RICARDO
PELLECER WAY (quien podrá conocérsele también as PLAINTIFF), on October fifteenth,
two thousand fourteen and of the resolution of the same date that admits to proceed
with the referred lawsuit, in which it is stated, on the part of the plaintiff, my lack of
compliance regarding the rendering of accounts on the assets of his son, RICARDO
PELLECER WAY (who may also be known as PLAINTIFF), on October fifteenth, two
thousand fourteen.The plaintiff, in which it is stated, my lack of compliance regarding the
rendering of accounts on the assets of his property, two real estate properties granted by
will to my son by his grandfather ROBERTO PELLECER NOSE, specifically two houses, which
I had under my administration during his minority, by virtue of the exercise of my legal
capacity, and which I had under my administration during the time he was a minor.The
same were delivered to me when he reached the age of majority, on March seventh, two
thousand seven, together with the rendering of accounts of the same, which will be
detailed later on in this memorial. And not being in agreement with the present lawsuit
filed against me, being at the opportune procedural moment and by the present means, I
hereby interpose the PREVIOUS EXCEPTION OF PRESCRIPTION, I CONTEST THE LAWSUIT
IN THE NEGATIVE SENTENCE, as well as the peremptory exception of PEREMPTIVE
EXCEPTION OF OPPTIMATE COMPLIANCE OF THE ACCOUNTABILITY AND DELIVERY OF THE
PROPERTY UNDER MY ADMINISTRATION AND PEREMPTIVE EXCEPTION OF THE
SURRENDER OF THE ACCOUNTABILITY N PEREMPTORY EXCEPTION OF PROMPT
COMPLIANCE OF THE ACCOUNTABILITY AND DELIVERY OF THE PROPERTY UNDER MY
ADMINISTRATION AND PEREMPTORY EXCEPTION OF APPROVAL OF THE
ACCOUNTABILITY IN THE PRESENT ORAL ACCOUNTABILITY TRIAL, because I do not agree
with the arguments and claims presented by the plaintiff regarding my accountability.

OF THE PRIOR PRESCRIPTION EXEMPTION

In accordance with article 1517 of the Civil Code, it is appropriate to file the prior
exception of prescription, since it is the case, your Honor, that the plaintiff claimed by
means of his lawsuit the rendering of accounts on the assets of his property, administered
by my person during his minority and under my parental authority, outside the term
established in the aforementioned law.The plaintiff claimed by means of his lawsuit the
rendering of accounts on the assets of his property, administered by me during his
minority and under my parental authority, outside the term established in the
aforementioned law, since the plaintiff RICARDO PELLECER WAY had a term of three years
as of the date of the lawsuit.The plaintiff RICARDO PELLECER WAY had a term of three
years from the date of his majority to claim the rendering of accounts, obligation which I
duly complied with at the moment in which I delivered the goods of his property on March
eight, two thousand seven and the moment after my son RICARDO PELLECER turned
eighteen years old. I submit to your knowledge, Your Honor, certification of the birth
certificate of the plaintiff RICARDO PELLECER, issued on March ninth, two thousand six,
which was issued by the General Registry of Persons under certificate number twenty-six
thousand nine hundred and seventy-five (26975), wherein it is stated that as of the
present year, two thousand fourteen, the plaintiff is twenty-five years old, having been
born on March seventh, nineteen hundred and eighty-nine in Guatemala City, Guatemala,
being the case that seven years have passed since he was born in Guatemala City,
Guatemala.It is stated that as of the present year, two thousand fourteen, the plaintiff is
twenty-five years old, having been born on March seventh, nineteen hundred and eighty-
nine in the city of Guatemala, being the case that seven years have passed since he
reached the age of majority, that is to say, eighteen years of age. Based on the foregoing,
Article 1515 of the Civil Code establishes that "The obligation to render accounts that all
those who administer other people's property have, and the action to collect the balance
thereof, prescribe for a term of three years", likewise Article 1512 of the same law
establishes that "The statute of limitations for the obligation to render accounts begins to
run from the day on which the administration ends; and for the action to collect the
balance thereof, from the day on which the administration ends.Article 1512 of the same
law states that "The statute of limitations of the obligation to render accounts begins to
run from the day on which the obligor terminates his administration; and that of the
action to collect the balance thereof, from the day on which the account is approved by
the interested parties or by a final judgment." Therefore, your Honor, the action that the
plaintiff had to force me to render accounts on the administered goods and to collect the
balance of these, of which I REITERATE that if I rendered accounts at the time already
indicated and returned the goods, it should have been within three years from the end of
my administration of the goods, that is to say, between the eighteen and twenty I
REITERATE that if I rendered accounts at the time already indicated and made the return
of the assets, it should have been within three years from the end of my administration of
the assets, that is to say, between the eighteen and twenty-one years of age of the
plaintiff. The claim for rendering of accounts promoted by RICARDO PELLECER WAY is
therefore inadmissible, since seven years have elapsed since the end of the administration
of the assets, thus prescribing his right and action to claim the rendering of accounts four
years ago and which he did not carry out at the appropriate legal time, leaving no effect
whatsoever on the claim filed against me. his right and action to claim the rendering of
accounts four years ago and which he did not carry out in its opportune legal moment,
being without any effect whatsoever the claim filed against me.

OF THE NEGATIVE ANSWER TO THE COMPLAINT

I express my disagreement on the arguments and claims, demanded by the plaintiff
regarding my lack of compliance of rendering accounts, my son RICARDO PELLECER WAY,
answering his claim against me in the negative sense, since during the parental authority
and administration of the assets of my son RICARDO PELLECER WAY, I always watched
over his welfare in all possible measures, in which I allow myself to include the good
administration of his assets during all his minority, leaving aside and avoiding any damage
that could be caused by my administration over his assets, being likewise responsible for
the obligations derived from the administration and obligations derived from the
administration of his assets during all his minority, leaving aside and avoiding any damage
that could be caused by my administration over his assets.I also agree to be responsible
for the obligations derived from the administration and to fulfill them in good faith, on
behalf of my son.

OF THE PEREMPTORY EXCEPTION OF COMPLIANCE WITH THE RENDERING OF ACCOUNTS

OF THE ASSETS UNDER MY ADMINISTRATION
In order to attack the plaintiff's claims based on his complaint, I am filing the peremptory
plea of TIMELY COMPLIANCE WITH THE ACCOUNTABILITY AND DELIVERY OF THE
PROPERTY UNDER MY ADMINISTRATION. Article 272, states that "The parents must deliver
to the children, after they reach the age of majority, the property belonging to them and
render an account of their administration." In the event, Your Honor, once my son reached
the age of eighteen, the notary public Ana Isabel Calderón drew up a notarial act dated
March eighth, two thousand and seven, which is attached in a legalized photocopy to this
memorial, in which it was recorded THE ACCOUNTABILITY OF ACCOUNTS, as well as THE
SURRENDER OF THE PROPERTY, which were under my administration.In this document it
was stated THE ACCOUNTABILITY OF ACCOUNTS, as well as THE SURRENDER OF THE
PROPERTY, which were under my administration during the parental authority of my son
and plaintiff RICARDO PELLECER WAY. I submit to your consideration, Your Honor, that the
claim filed against me is inadmissible since the rendering of accounts, which the plaintiff is
seeking in this Oral Trial, was effectively carried out at the time, as I will demonstrate in
the respective section. Therefore, the plaintiff has no grounds to sustain or affirm my lack
of rendering of accounts on the assets that I administered and which I delivered upon
reaching the age of majority, since I rendered said accounts at the time, thus requesting
that the lawsuit filed against me by my son and plaintiff RICARDO PELLECER WAY be
declared SUSTAINED.

OF THE PEREMPTORY EXCEPTION TO THE APPROVAL OF THE RENDERING OF ACCOUNTS

Pursuant to the foregoing, I have to inform you, Your Honor, that the rendering of
accounts of the plaintiff's property, which I had in my administration during my parental
authority and his minority, was duly APPROVED by Ricardo Pellecer Way, at the moment
in which I ceased my administration and delivered the property, leaving in clear form his
conformity as to the manner in which I carried out my administration and the economic
benefits generated by the same, which is evidenced in the notarial act drawn up by the
notary Ana Isabel Calderón on March eight, two thousand seven, which can be verified in
said notarial act drawn up by the notary Ana Isabel Calderón on March eight, two
thousand seven.This is evidenced in the notarial act drawn up by the notary Ana Isabel
Calderón on March eight, two thousand seven, being able to prove in said notarial act, not
only the delivery of the assets and the rendering of accounts, but also the APPROVAL of
the same by the plaintiff. Therefore, Your Honor, the arguments of the plaintiff, regarding
my failure to render accounts, are weak and unfounded, since the facts that occurred are
contained in the aforementioned document, which I will propose as evidence in this
memorial.

OF COMPLIANCE WITH THE PROVISIONAL OBLIGATION TO RENDER ACCOUNTS

In a resolution dated October fifteenth, two thousand fourteen, which admitted the claim, I was
ordered to comply with the provisional obligation to render accounts. Pursuant to the
foregoing, Your Honor, I reiterate that my obligation to render accounts on the assets
administered, property of my son, has already been duly complied with, therefore, I will
comply with the provisional obligation to render accounts, presenting the same rendering
of accounts that I gave at the time I delivered the assets I administered for my son
RICARDO PELLECER WAY and for him when he came of age.Therefore, I will comply with
the provisional obligation of rendering accounts, presenting the same rendering of
accounts that I gave at the moment of delivering the assets that I administered of my son
RICARDO PELLECER WAY and of this one when he reached the age of majority, reason for
which I proceed to comply with the requirement of the honorable Judge .

Rendering of accounts which consists of: - two real estate properties, specifically two
houses, which were already detailed by the plaintiff in his lawsuit, which were put in
property to my son RICARDO PELLECER WAY by means of a will granted by his grandfather
ROBERTO PELLECER NOSE, which would be under my administration until RICARDO
PELLECER WAY reached the age of majority, that is to say, eighteen years old. Said
property was given to my son on March seventh, two thousand six, at the age of
seventeen years by means of the aforementioned will, therefore I decided to give it in
lease which is recorded in public deed no. XXXXXXXXXX, executed by Notary CHAVELA
HERNANDEZ in this city, on March eighth, two thousand six by means of which the real
property described above is leased for a term of one year to Mrs. MARGARITA LOPEZ
LOPEZ, fixing the monthly rent of two thousand Quetzales for each real property,
obligation that the lessee had to comply with in advance the first five days of each month,
fixing the beginning of such leases on March eighth, two thousand six and ending on
March eighth, two thousand seven, in order to terminate such leases on March eighth,
two thousand seven, for a term of one year.The lessee had to comply in advance the first
5 days of each month, fixing the beginning of such leases on March eighth, two thousand
six and ending on March eighth, two thousand seven, in order to generate an economic
benefit to my son during my administration. The proceeds of the leases at the indicated
term amount to forty-two thousand Quetzals for both leases. When my son turned
eighteen years old, I delivered him the goods which are his property together with the
rendering of accounts of the same described above, which was approved by the plaintiff at
the time of delivery, and the totality of the monetary quotas that were generated from
the lease, which were deposited monthly during the year of my administration, in the
account number 123-1223-4534 of the Industrial Bank under the name of my son
RICARDO PELLECER WAY. of the lease, which were deposited monthly during the year of
my administration, in the account number 123-1223-4534 of the Industrial Bank under the
name of my son RICARDO PELLECER WAY, so when he turned eighteen years old, he
would dispose of everything administered. All of this, as mentioned above, is recorded in
the notarial deed described above.

CONCLUSION
Based on the aforementioned facts, as plaintiff, I appear before you, Your Honor, in order
to file the preliminary exception of Prescription against the plaintiff's action, as well as my
answer to the complaint in the negative, the peremptory exception of compliance with
the rendering of accounts of the assets under my administration and the peremptory
exception of approval of the rendering of accounts in the present Oral Trial of
Accountability promoted by the plaintiff.n peremptory exception of compliance with the
rendering of accounts of the assets under my administration and the peremptory
exception of approval of the rendering of accounts in the present Oral Trial of Rendering
of Accounts promoted by the plaintiff, my son RICARDO PELLECER WAY.

The foregoing is based on the following;

LEGAL BASIS

SUBSTANTIVE RULES APPLICABLE TO THE CASE

CIVIL CODE
"ARTICLE 8. The capacity to exercise civil rights is acquired at the age of majority. Those
who have reached eighteen years of age are of legal age."

"ARTICLE 254. Parental authority includes the right to legally represent the minor or
incapacitated person in all acts of civil life; to administer his property and to take
advantage of his services in accordance with his age and condition." In which I emphasize
that I administer in the best possible way the assets of my son during my parental
authority and take advantage of such administration to generate an economic benefit for
him until his eighteenth birthday.

"ARTICLE 272. The parents must deliver to the children, after they reach the age of
majority, the property belonging to them and render an account of its administration."
Since I duly complied with my obligation to render accounts and deliver the goods of his
property to the Alcazar, my son RICARDO PELLECER WAY, the majority of age, of the goods
under my administration, which I stated at the time already indicated above.

ARTICLE 1515. The obligation to render accounts that all those who administer other
people's property have, and the action to collect the balance thereof, prescribe for the
term of three years.

ARTICLE 1512. The statute of limitations for the obligation to render accounts begins to
run from the day on which the obligor terminates its administration; and the statute of
limitations for the action to collect the balance thereof, from the day on which the
account is approved by the interested parties or by final judgment.

ADJECTIVE RULES

CIVIL AND COMMERCIAL PROCEDURAL CODE

ARTICLE 205. (Exceptions). All defenses shall be raised at the time of answering the claim
or counterclaim, but those arising thereafter and those of res judicata, lapse of time,
statute of limitations, payment, transaction and lis pendens may be raised at any time, as
long as a judgment has not been rendered in the Second Instance. The judge must resolve
in the first hearing the preliminary objections that he may, in accordance with the
provisions of Article 121, but he may also resolve them in a separate order. The other
exceptions will be resolved in the judgment. (...)

ARTICLE 217. (...) the judge, based on the documents on which the claim is based, shall
provisionally declare the obligation of the defendant to render accounts and shall warn
him to comply with this obligation at the first hearing he may designate, (...). Making clear
my compliance with the obligation to account for the assets which I had under my
administration, during the minority of the plaintiff, in the present memorial.
Article 217. "...Against the assertions of the plaintiff, the defendant may submit the
evidence offered when answering the claim..." making clear my disagreement regarding
the arguments and assertions of the defendant in the present oral accountability trial filed
against me.

I offer to prove the propositions of fact based on the following:

MEANS OF EVIDENCE

STATEMENT OF THE PARTIES

1. Confession with Positions: To be absolved by the plaintiff, my son RICARDO PELLECER
WAY, in person and not by proxy, at the hearing appointed by this court for such purpose,
based on the statement of positions that I attach to this memorial.

2. Confession without Positions: By means of ratification by the defendant, of the

memorials and other actions that are necessary during the course of the process.

DOCUMENTS

1. Certification of the birth certificate of the plaintiff RICARDO PELLECER, which was issued
by the General Registry of Persons on March ninth, two thousand six under certificate
number twenty-six thousand nine hundred seventy-five (26975), wherein it is stated that
as of the present year, two thousand fourteen, the plaintiff is twenty-five years old, having
been of legal age since March seventh, two thousand seven, having been born on March
seventh, nineteen hundred eighty-eight (26975).o, two thousand fourteen, the plaintiff is
twenty-five years old, being of legal age since March seventh, two thousand seven, having
been born on March seventh, nineteen hundred eighty-nine in the city of Guatemala.

2. Legalized photocopy of the notarial act dated March eight, two thousand seven, in
which the ACCOUNTABILITY ACCOUNTABILITY, as well as the DELIVERY OF THE PROPERTY
and its APPROVAL by the plaintiff RICARDO PELLECER WAY.

3. Legalized photocopy of the savings book of the account number xxxx-xxx-xxxx, in the
name of Ricardo Pellecer Way, issued by Banco Industrial, S.A, in which reflects the
amount of forty two thousand Quetzals generated by the lease of the goods, delivered to
the plaintiff on March eight, two thousand seven.

PRESUMPTIONS: Legal and Human that are derived from the proven facts.

Based on the foregoing, I respectfully submit the following:

REQUESTS
OF PROCEDURE
1. That the present document be incorporated into the file with the accompanying
documentation;
2. That note be taken of the direction and direction under which he acted,
3. That note be taken of the place to receive notifications.
4. That the provisional obligation to render accounts, ordered in the resolution dated
October fifteenth, two thousand fourteen, be deemed to have been fulfilled.

OF PROCESSING THE PRELIMINARY OBJECTION OF STATUTE OF LIMITATIONS

1. That the prior exception of Prescription be admitted for processing within the
process of the incidents established in article ARTICLE 207 CPCYM.
2. That the means of evidence listed in the respective section be deemed to have
been offered and the documents indicated be deemed to have been submitted.
3. That the plaintiff be given a hearing for a period of twenty-four hours.
4. That the evidence offered by the parties be received in a timely manner.

THE MERITS OF THE PRELIMINARY OBJECTION OF PRESCRIPTION

That at the appropriate procedural moment it be declared:
1. TO ALLOW the previous exception of Prescription, in consequence that the right to
render accounts and the action to demand the balance of the same on the part of
RICARDO PELLECER has lapsed and the file is ordered to be archived.
2. Order the plaintiff RICARDO PELLECER WAY to pay the costs.
3. In the event that the preliminary objection of statute of limitations is declared
inadmissible, the judge shall rule on the following motions:

OF THE DEFENSE IN THE NEGATIVE, THE PEREMPTORY EXCEPTION OF COMPLIANCE

WITH THE RENDERING OF ACCOUNTS OF THE ASSETS UNDER MY ADMINISTRATION AND
THE PEREMPTORY EXCEPTION OF APPROVAL OF THE RENDERING OF ACCOUNTS.
1. That the present lawsuit be considered as answered in the NEGATIVE SENTENCE
and that the PEREMPTIVE EXCEPTION of compliance with the rendering of
accounts of the assets under my administration and the PEREMPTIVE EXCEPTION
OF APPROVAL OF THE ACCOUNTABILITY OF ACCOUNTS be considered as filed.
2. That the means of evidence listed in the respective section be deemed to have
been offered and the documents indicated be deemed to have been submitted.
3. That a hearing be scheduled for the plaintiff to give his statement in person and by
proxy, on the basis of the statement of positions that I am enclosing in this
memorial, which I request to be kept under reserve in the Secretariat of this court,
under penalty of being declared confessed if he fails to appear without just cause.
4. That the evidence offered by the parties be received in a timely manner.

BACKGROUND
That at the appropriate procedural moment it be declared:
1. TO ALLOW the peremptory exception of compliance with the rendering of
accounts of the assets under my administration.
 2. As a consequence, I timely rendered accounts of the assets under my
administration and delivered the balance thereof.
3. TO GRANT the peremptory exception of approval of the rendering of accounts.
4. As a consequence, I rendered timely accounts of the assets under my
administration and these were approved at the time by the plaintiff.
5. DISMISSED the claim for accountability against me filed by my son RICARDO
PELLECER WAY.
6. The plaintiff is ordered to pay the costs of the proceedings.

QUOTATION OF LAWS: I base my petition on the aforementioned articles and the following: 12,
28, 29, 203, 204 of the Political Constitution of the Republic of Guatemala; 252, 253, 254, 255, 256,
257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267; 1, 7, 8, 204, 205, 206, 207, 217, 218 of the
Code of Civil and Commercial Procedure; 1, 2, 3, 4, 12, 13 of the Family Court Law.

I enclose three copies of this memorial, escrow and attachments.

Guatemala, October nineteenth, two thousand fourteen.

IN YOUR HELP:

LESTER REYES BRYAN ESTRADA