POSSESSIONAL CLAIMS FOR DEMOLITION OR DEMOLITION OF

WORK THROUGH THE SHORT PROCESS AND PAYMENT OF DAMAGES

AND LOSSES. DOCUMENTS ARE ACCOMPANIED.- PETITION.- POWER
OF POWER.-

Civil Court of the Department of Francisco Morazán.

I, MARCO TULIO AYALA , of legal age, single, lawyer, Honduran and of this
address, registered in the honorable bar association of Honduras under
number 17,520 , acting in my capacity as ATTORNEY , with professional
office in the offices of the legal office from the Catholic University of
Honduras, located in the Morazán neighborhood, Boulevard Suyapa, Building
through the San Martin de Porres church, Tegucigalpa Municipality of the
Central District, with telephone number 2232-4043, which I establish for
future notifications; acting in my capacity as legal representative of Mrs.
LOURDES MARIA GABORIT RAUDALES , who is of legal age, single, sole
trader, Honduran, with identity number 0801-1991-11317 , with address
at Residencial Los Ángeles, San Pedro Street, Casa number 2247; with due
respect to you, promoting a DEMAND FOR DEMOLITION OR
DEMOLITION OF WORK THROUGH THE EXPERIENCED PROCESS AND
PAYMENT OF DAMAGES against Mr.: RAMON ALBERTO VALLADARES
HERNANDEZ , who is of legal age, Honduran and residing in Barrio
Casamata, San Pedro Street, House number 2248 of this city, so it can be
located there for summons purposes . Claim based on the following facts
and considerations:

FACTS
FIRST: That my client LOURDES MARIA GABORIT RAUDALES is the
President of the neighborhood association of Residencial Los Ángeles, and
also the owner of most of the condominiums in Residencial Los Ángeles.

SECOND: Mr. RAMON ALBERTO VALLADARES HERNANDEZ , who owns

five Gas Stations in the capital city, wants to continue with his sixth Gas
Station, a few kilometers behind the Residencial Los Ángeles, where the
water basin that supplies the Residencial Los Ángeles is born.

THIRD: Unfortunately, Mr. RAMON ALBERTO VALLADARES did not want

to comply with the request of the neighborhood association of Residencial
Los Ángeles, to desist from carrying out this work.
FOURTH: It turns out that Mr. RAMON ALBERTO VALLADARES alleges
that his work will not cause, nor does it cause, any problem and that he has
the corresponding permits for the construction of real estate of this nature,
even though he realizes that the water basin originates right where he treats
of digging the pits for their gas station and threatening the health and lives
of the residents of Residencial Los Ángeles, and denying them their Rights to
receive this valuable liquid.

FIFTH: A significant number of family members residing in this sector have

been affected by intestinal problems and skin problems caused by
contaminated water.

SIXTH: Acting in my capacity as legal representative of Mrs. LOURDES

MARIA GABORIT RAUDALES and the neighborhood association of
Residencial Los Ángeles, I went to said facilities to request the exhibition of
the construction permits to the defendant and these were immediately
denied. impolite manner.

SEVENTH: In the mayor's office of the municipality of the central district in

volume 34, 2012, there is the permit processed for the construction of this
real estate property, it is stated in the file that an environmental study was
presented with the affection that this type of structure would cause, but
nowhere was this document accompanied.

OFFERING MEANS OF EVIDENCE

To prove the extremes of said claim, the following means of evidence are
offered:
1.-Interrogation of parties: Consisting of the statement of the plaintiff
LOURDES MARIA GABORIT RAUDALES , to support the facts.
2.-Private Documents: 1.- It consists of the presentation of the document
that verifies the Investigation of the land where the water basin is born and
studies carried out where it is verified that this is a high risk for the
inhabitants of the Los Ángeles Residential. 2.- The written authorization
issued by the General Directorate of Public Health, which states that this
Land is not the best area to build a work of this type of work because it
affects human health.
3.- Technical Image Means: Which is based on photographs of the Land
and the water before the work began and after starting to build the gas
station.
4.-Interrogation of witnesses: NIELSEN AVILA ROVELO , Honduran, of
legal age, single, merchant, with identity number 0801-1989-00876, residing
in Residencial Los Ángeles, who is Vice-President of its neighborhood
association.
In the annexes to this application there are photocopies of the witnesses'
identity cards.

FOUNDATIONS OF LAW
He based the present lawsuit on the following articles:
1.-Constitution of the Republic: Articles 80, 82 and 90 that establish the
right of petition to invoke this procedural means on behalf of my client's
rights.
2.-Civil Code: Articles 1 on the law, articles 613, 869, 870, 872,874 on the
claim of ownership.
3.- Code of Civil Procedure: Articles 1 to 22, of the Principles that govern
all Civil Procedures, 23,27,28,29,30,35, to prove jurisdiction and
competence, 61 paragraph 4, 62 paragraph 2, 79 ,81, to prove the capacity
to be a party, 129,130 paragraph 6, 135, 143, on the necessary procedural
form, 251 on the means of proof in civil matters,
253,254,255,256,257,258,259,261,263,267,268 On the interrogation of
parties, 293,294,295, 296, about the test testimonial, 297, 298, 299, 300,
301, 309, 311, referring to the interrogation of witnesses, 271,273,275,
about the evidence of public documents and articles 479, 480 about the
evaluation of the evidence and the sentence.
5.-Law of Attribution and Organization of the Courts : Articles, 1, 40,
137, 249, 250, 251, 252, about the jurisdiction of the courts.

PETITION
To the judge I respectfully ASK:
1.- Admit this CLAIM FOR DEMOLITION OR DEMOLITION OF WORK
THROUGH THE SHORT PROCESS AND PAYMENT OF DAMAGES, together with
the original documents and simple copies of the claim and all documentary
evidence. Like the annexes that I accompany, open it to the indicated
procedure.
2.-Have the condition in which I acted and the legal powers conferred upon
me be proven.
3.- Summon the defendant, Mr. RAMON ALBERTO VALLADARES, through the
Receiver of the Office so that a hearing is scheduled within the corresponding
legal period.
4.-Once the evidence has been proposed and evacuated, this Honorable
Court declares the present lawsuit IN PLACE, condemning Mr. RAMON
ALBERTO VALLADARES to the abandonment and subsequent demolition of
the work that obstructs and contaminates the water basin that supplies the
Los Ángeles residential complex. and that affects my client, Mrs. LOURDES
MARIA GABORIT RAUDALES, and the neighborhood association of Residencial
Los Ángeles. As well as the PAYMENT OF DAMAGES to fifty of the residents of
the colony, of ten of the affected houses for the amount of twenty thousand
lempiras (Lps.20,000.00) for each one, with a sum of exactly one million
lempiras (Lps. . 1,000,000.00) as compensation for the physical and
psychological discomfort they have acquired due to the use of contaminated
water.
I expressly express my willingness to comply with the requirements
demanded by law, for the purposes of correcting possible defects.
Tegucigalpa MDC October 24, 2012.

_____________________________________
Abg. MARCO TULIO AYALA
Legal representative

STUDY CARRIED OUT ON THE LAND ACCORDING TO WATER

POLLUTION

INTRODUCTION
We decided to do research work on water pollution since this is a vital liquid
for the survival of our planet and all of us who live on it, but the growing
increase in population has affected the purity of this liquid as we will see.
later.

Therefore, it is convenient to begin this research work with a brief

description of what water is, its properties as well as its benefits; to later
analyze the different types of contaminants that damage this vital liquid, and
thus be able to reflect a little on the damage that we are causing to
ourselves by contaminating this indispensable resource.

WATER

The water molecule is dipolar, that is, it has a positive and a negative pole.
It is a molecule formed by two elements: oxygen and hydrogen, in the
following proportion: one part oxygen and two parts hydrogen, joined by
bonds and represented by H2O.

This structure allows many other similar molecules to be attracted and join
together very easily, forming enormous chains that constitute the liquid that
gives life to our planet: water .

Water is an odorless, tasteless substance, colorless in small quantities and

greenish or bluish in large masses.

It is the most abundant component of the earth's surface and, more or less
pure, forms rain, springs, rivers and seas; It is a constituent part of all living
organisms and appears in natural compounds.

PROPERTIES

 This liquid has density, which is the ratio of mass to volume. Hence,
one kilo of water occupies the volume of one liter.

 Like air, water has a force with which it pushes, this is called pressure
.

 Water by itself does not have a defined shape, that is why it takes the
shape of the container that contains it.

 Temperature and atmospheric pressure determine the different states

of water. Thus, at a temperature of 0° C, freezing occurs and water
becomes ice. On the other hand, at a temperature of 100° C, the liquid
transforms into vapor, this process is called boiling.

Depending on temperature and pressure, water changes very easily from one
state to the other. It may appear as a flowing liquid, or a gas rising through
the atmosphere, or a still solid stored in the refrigerator.

Solid Liquid Gas

Shape and ownIt takes the shape ofWithout shape or

volume. the container thatvolume of its
contains them. own.
 Incompressible ownCompressible.
Incompressible.
volume . They expand.
Extremely slow diffusion
Slow diffusion of
of particles.
particles

BENEFITS OF WATER

Water is one of the most important components in all living beings. It is the
most abundant element in our body and is involved in several vital functions
for our body, without it our body would not function properly.

Almost all the substances that form and nourish our body are dissolved in
water, which is why it is known as the universal solvent; It also allows the
transport of all nutrients, removes waste materials and participates in all the
reactions that are carried out to produce energy; In addition, it keeps our
body temperature constant, regardless of what exists in the environment.

When it is very hot or we do intense exercise, an excessive amount of water

is lost, causing an imbalance in this control; For this reason, we must drink
more fluids than usual to compensate for the additional loss that occurs
through heavy breathing and sweat caused by exercise and heat.

POLLUTION

When the water falls with the rain due to the cooling of the clouds, it drags
impurities from the air. When circulating on the surface or at the level of
deep layers, other chemical, physical or biological contaminants are added.

There is therefore natural contamination, but at the same time there may be
another very notable contamination of human origin, due to agricultural,
livestock or industrial activities, which exceeds nature's self-purification
capacity.

Water pollution is the incorporation into water of foreign matter such as

microorganisms, chemicals, industrial and other types of waste, or
wastewater. These materials deteriorate the quality of the water and make it
useless for its intended uses.

TO CONCLUDE THE STUDY

It is worth mentioning that this work carried out in this area is high risk since
it can threaten the lives of the inhabitants of this residential area, including
Men, Women, Women in states of pregnancy, children, the elderly and
others. It is advisable not to carry out any work near or around this basin.

Technical Imaging Media

 Land

Water Before Being Contaminated Contaminated Water

REPUBLIC OF HONDURAS
HEALTH SECRETARY
GENERAL DIRECTORATE OF HEALTH REGULATION
Tegucigalpa MDC, Honduras CA
Tel: 237-97-02

Office No. 126-2012 UT October 15, 2012

Dear Mr. RAMON ALBERTO VALLADARES: with due respect, I address you,
through this authorization and following the regulations established in the
Health Code, with the purpose of ordering that the activities of the Gas
Station located a few kilometers be immediately stopped. of the Residencial
Los Ángeles, because the community living there is supplied with pure water
from a basin coming from said Residencial.

We ask you, Mr. ALBERTO VALLADARES, for your understanding of this

request, as we have received requests from the residents of Residencial Los
Ángeles, for its construction to be stopped as it pollutes the environment,
and may cause damage to the headwater basin of which they benefit.

This request must be fulfilled immediately on the day you become aware of
it, without any fault, otherwise you will have to be responsible for damages
and losses caused to the aforementioned Community.

I thank you in advance for your collaboration and I hope for your
understanding response to my request. I say goodbye to you.

REQUEST FOR THE NEIGHBOR ASSOCIATION OF THE LOS ANGELES

RESIDENTIAL

As president of the Association of the entire Neighborhood Community of La

Residencial los Ángeles, I, Lourdes Gaborit, hereby address you, Mr. Alberto
Valladares, to request that you please cease the activity of the gas station
located a few kilometers from our Los Ángeles Residential, since it is an
industrial work that contains harmful chemicals that are detrimental to the
environment of said Residential.

Furthermore, within our community there is a drinking water basin from

which the neighbors and inhabitants of the residential complex are supplied.
The place is not suitable for the installation of an industrial work such as a
gas station because it can contaminate the water service that purely reaches
all the residents of the community.
I respectfully ask you, on behalf of all the residents of Residencial Los
Ángeles, to consider our request, and take into account that its construction
can damage the environment and harm us, the inhabitants.

I thank you in advance for your understanding.

Tegucigalpa MDC Dept., Francisco Morazán on the 10th day of October 2012.

___________________________________
President of the Neighborhood Association
of the Los Angeles Residential

POWER IS CONFERRED

CIVIL COURT OF LETTERS OF THE DEPARTMENT OF FRANCISCO

MORAZAN

I, LOURDES MARIA GABORIT RAUDALES , Honduran, of legal age,

merchant, married, with identity card number: 0801-1991-11317 and from
this address in the city of Tegucigalpa MDC By this act I come to confer
power to the lawyer: MARCO TULIO AYALA CABALLERO of legal age,
single, Honduran and of this address, registered in the Honorable College of
Lawyers of Honduras under the number: 17,520 , with mobile telephone
number. 32-43-8721 and email [email protected] to receive
notifications from this court, in its capacity as ATTORNEY , with professional
office in the offices of the Legal Clinic of the Catholic University of Honduras,
located in the Morazán neighborhood, Boulevard Suyapa , Building through
the San Martin de Porres church, Tegucigalpa Municipality of the Central
District, with telephone number 2-230-4346 ; whom I vest with the general
powers of the Judicial Mandate and the special powers of withdrawing in the
first instance from the deduced action, absorbing provisions, denouncing
legal resources and terms, conciliating, compromising, approving
agreements, receiving, substituting and delegating, recorded in Article 81,
paragraph 2, article 82, paragraph 3 of the Civil Procedure Code to represent
me in the proceedings relating to the ABBREVIATED DEMAND FOR
DEMOLITION OR DEMOLITION OF WORK THROUGH THE
ABBREVIATED PROCESS AND PAYMENT OF DAMAGES AND LOSSES.-
Against Mr. RAMON ALBERTO VALLADARES.

Tegucigalpa MDC October 24, 2012.

________________________________
LOURDES MARIA GABORIT RAUDALES

CIVIL COURT OF LETTERS OF THE DEPARTMENT OF FRANCISCO

MORAZÁN.-

Tegucigalpa, Municipality of the Central District, October twenty-six (26), two

thousand twelve.-

FACTUAL BACKGROUND

FIRST: Lawyer MARCO TULIO AYALA CABALLERO, in his capacity as legal

representative of LOURDES MARIA GABORIT RAUDALES, has filed a
DEMAND FOR DEMOLITION OR DEMOLITION OF WORK THROUGH
THE ABSTRACT PROCESS AND PAYMENT OF DAMAGES.- , on October
24 of the current year.

FOUNDATIONS OF LAW
FIRST: That articles 601, 602, 603, 604, 605,606 and 607 of the Civil
Procedure Code refer to the specialty in the matter of the abbreviated
process “Possessory Claims” -

SECOND: That articles 62,63 and 64 talk about the procedural assumptions
of capacity, legitimation and representation in court.

THIRD: That article 29 of the Civil Procedure Code speaks about Basic
Competence, on which the accumulation of claims appropriate to the
abbreviated process can be based.

FOURTH: That article 96 of the Civil Procedure Code speaks about the
requirements for the accumulation of claims.

FIFTH: That article 199 talks about the formal content of the records. As a
form of communication from the Jurisdictional Body.

POSITIVE SIDE:

Based on the above, this Court resolves: FIRST: The main claim of
demolition and demolition of the work is admitted for compliance with all
legal requirements, including procedural budgets.
SECOND: The plaintiff is REQUIRED based on article 96, paragraph 4 of
the Code of Civil Procedure to remedy the accumulation of the claim for
payment of damages amounting to One Million Exacto Lempiras (Lps.1,
000,000.00) since for reason of its amount greater than fifty thousand
Lempiras (Lps. 50,000.00) its adaptation is not possible through the
abbreviated process; The claim will be inadmissible if it is not corrected
within a period of five (5) days from the notification.- NOTIFIQU

REQUIREMENT CARD

CIVIL COURT OF LETTERS OF THE DEPARTMENT OF FRANCISCO

MORAZAN

Tegucigalpa, Municipality of the Central District, October twenty-six (26), two

thousand twelve.-

REQUIRED , Lawyer MARCO TULIO AYALA CABALLERO, of legal age, single,

Honduran and of this address, registered in the honorable bar association of
Honduras under number 17,520 , acting in his capacity as ATTORNEY ,
with professional office in the offices of the legal office of the Catholic
University of Honduras, located in the Morazán neighborhood, Suyapa
Boulevard, building through the San Martin de Porres church, Tegucigalpa
Municipality of the Central District.
YOU ARE REQUIRED to correct within five (5) days the improper
accumulation of claims in the lawsuit filed on Wednesday, October 24 of the
current year.- COMPLY.

RECEIVER

ABG. MARCO TULIO AYALA

EXP.___________

CONSTANCY

The undersigned secretary by law of the Civil Court of Letters of

the Department of Francisco Morazán, STATES: That YES ( ) NO
( ) Notify the lawyer (a)
___________________________________, as plaintiff ( )
defendant ( ). The order ( ) providence ( ) sentence ( ), dated
_______________ being ________________ via telephone
number _____________________.- Signing for record in the city
of Tegucigalpa Municipality of the Central District on the
____________ days of the month of _____________________ of
the year ________________ (2012). -

SECRETARY BY LAW

DEFECTS ARE CORRECTED

Civil Court of the Department of Francisco Morazán.

I, MARCO TULIO AYALA , acting in my capacity as legal representative of

Mrs. LOURDES MARIA GABORIT RAUDALES , remedy the accumulation of
claims in a DEMAND FOR DEMOLITION OR DEMOLITION OF WORK
THROUGH THE ABSTRACT PROCESS AND PAYMENT OF DAMAGES AND
LOSSES :

FACTS
FIRST: The Order dated October twenty-six (26) of two thousand and twelve
resolves in its first paragraph, admitting the main claim of demolition and
demolition of work to comply with all legal requirements, including
procedural budgets.-

SECOND: The Order dated October twenty-six (26) of two thousand twelve
resolves in its second paragraph, to disallow the accumulation of the claim
for payment of damages amounting to One Million Exacto Lempiras (Lps.1,
000,000.00) and that due to its amount greater than fifty thousand Lempiras
(Lps. 50,000.00) it is not possible to adapt it through the abbreviated
process.

FOUNDATIONS OF LAW

He founded this written remedy on the following articles:

1.-Constitution of the Republic: Articles 80, 82 and 90 that establish the
right of petition to invoke this procedural means on behalf of my client's
rights.
2.- Code of Civil Procedure: Articles 1 to 22, of the Principles that govern
all Civil Procedures, 23,27,28,29,30,35, to accredit jurisdiction and
competence, 61 paragraph 4, 62 paragraph 2, 79 .81, to prove the capacity
to be a party, 129,130 section 6, 135, 143, on the necessary procedural
form, 429 formulate complementary allegations, 430 expansion of the claim,
585 accumulation, 601 object and claims, 603 accumulation of claims 3.-
Law of Attribution and Organization of the Courts : Articles, 1, 40, 137,
249, 250, 251, 252, about the jurisdiction of the courts.

PETITION
To the Lord Judge I respectfully ASK:

1.- Admit this document of CORRECTION on DEMAND FOR DEMOLITION OR

DEMOLITION OF WORK THROUGH THE SHORT PROCESS AND PAYMENT OF
DAMAGES.

2.- Sentencing Mr. RAMON ALBERTO VALLADARES to PAY DAMAGES to fifty

of the residents of the neighborhood, from ten of the affected houses for the
amount of one thousand lempiras (Lps. 1,000.00) for each one, with a sum
of exactly fifty thousand lempiras (Lps. 50,000.00) as compensation for the
physical and psychological discomfort that the residents of the Residencial
Los Ángeles have acquired due to the use of contaminated water, said
change to remain in the specialty given that the lawsuit has already been
admitted. And seeking to satisfy the need of the plaintiff as well as her
neighbors, due to the inconvenience caused by the irresponsibility and
disrespect for the laws on the part of Mr. RAMON ALBERTO VALLADARES.

I expressly express my willingness to comply with the requirements

demanded by law, for the purposes of correcting possible defects.

Tegucigalpa MDC October 26, 2012.

_____________________________________
Abg. MARCO TULIO AYALA
Legal representative

CIVIL COURT OF LETTERS OF THE DEPARTMENT OF FRANCISCO

MORAZÁN.-

Tegucigalpa, Municipality of the Central District, October thirty (30), two

thousand twelve.-

FACTUAL BACKGROUND

FIRST: Lawyer MARCO TULIO AYALA CABALLERO, in his capacity as legal

representative of LOURDES MARIA GABORIT RAUDALES, has filed a
DEMAND FOR DEMOLITION OR DEMOLITION OF WORK THROUGH
THE ABSTRACT PROCESS AND PAYMENT OF DAMAGES.- , on October
24 of the current year.

SECOND: That this HONORABLE COURT , resolved in an order dated

October twenty-six (26) of the current year, to admit the main claim against
Mr. RAMON ALBERTO VALLADARES HERNANDEZ, and ordering to
remedy the request for accumulation of the claim for the payment of
damages because this accumulation is inappropriate through the abbreviated
procedure due to the amount demanded.

THIRD: Lawyer MARCO TULIO AYALA CABALLERO, in his capacity as

legal representative of LOURDES MARIA GABORIT RAUDALES, presented
the document “ CLAIM FOR DEMOLITION OR DEMOLITION OF WORK IS
CORRECTED THROUGH THE SHORT PROCESS AND PAYMENT OF
DAMAGES AND LOSSES.” - in date October 26 of the current year.

FOUNDATIONS OF LAW

FIRST: That article 20 of the Civil Procedure Code speaks about the general
principle of Correction.

SECOND: That article 29 of the Civil Procedure Code speaks about Basic
Competence, on which the accumulation of claims appropriate to the
abbreviated process can be based.

THIRD: That article 96, paragraph 4 of the Civil Procedure Code speaks
about the correction of improper accumulation of claims.

FOURTH: That article 199 talks about the formal content of the records. As a
form of communication from the Jurisdictional Body.

POSITIVE SIDE

Based on the above, this Court resolves:

FIRST: The document “DEMAND FOR DEMOLITION OR DEMOLITION OF

WORK IS CORRECTED THROUGH THE ABSRIDED PROCESS AND PAYMENT
OF DAMAGES” is admitted for complying with all legal requirements.

SECOND: The document is admitted and the procedural defect has been
corrected in a timely manner in accordance with what the law mandates; It
is admitted: “ CLAIM FOR DEMOLITION OR DEMOLITION OF WORK
THROUGH THE ABSRIED PROCESS AND PAYMENT OF DAMAGES”, thus
initiating the respective merit file.-

THIRD: Through the corresponding official, the plaintiff LOURDES MARIA

GABORIT RAUDALES and the defendant RAMON ALBERTO VALLADARES
HERNANDEZ are summoned, so that they may appear before this Office of
Justice at the hearing scheduled for FRIDAY THE TENTH EIGHTH (18) OF
NOVEMBER OF THE CURRENT YEAR (2012) AT EIGHT IN THE
MORNING (8:00 AM), a copy of the complaint and the accompanying
documents must be delivered to the defendant. They must attend the
indicated hearing accompanied by the legal professional who represents
them and with all the evidence that they intend to use to assert their rights.-
NOTIFY YOURSELF.-

EXP.___________

CONSTANCY

The undersigned secretary by law of the Civil Court of Letters of

the Department of Francisco Morazán, STATES: That YES ( ) NO
( ) Notify the lawyer (a)
___________________________________, as plaintiff ( )
defendant ( ). The order ( ) providence ( ) sentence ( ), dated
_______________ being ________________ via telephone
number _____________________.- Signing for record in the city
of Tegucigalpa Municipality of the Central District on the
____________ days of the month of _____________________ of
the year ________________ (2012). -
 SECRETARY BY LAW

CITATION

In the city of Tegucigalpa, Municipality of the Central District, on the second

day of the month of November of the year two thousand and twelve, at 9:32
am, the signed receiver of the Civil Court of Letters of the Department of
Francisco Morazán; I established myself at La Residencial Los Ángeles, San
Pedro Street, House number 2247.

Where I proceeded to summon Mrs. LOURDES MARIA GABORIT

RAUDALES in legal and due form, informing her of the hearing scheduled for
FRIDAY THE TENTH AND EIGHTH (18) OF NOVEMBER OF THE
CURRENT YEAR (2012) AT EIGHT IN THE MORNING (8: 00 AM) Which
you must attend accompanied by the legal professional who represents you
and with all the evidence that you intend to use to assert your rights. - It
being understood that you sign for proof.
SCARLETH KOREA LOURDES MARIA GABORIT
RECEIVER

CITATION

In the city of Tegucigalpa, Municipality of the Central District, on the second

day of the month of November of the year two thousand and twelve, at
11:00 am, the signed recipient of the Civil Court of Letters of the
Department of Francisco Morazán; I was established in the Casamata
neighborhood, San Pedro street, House number 2248 of this city.

Where I proceeded to summon Mrs. RAMON ALBERTO VALLADARES

HERNANDEZ in legal and due form, informing her of the hearing scheduled
for FRIDAY THE TENTH AND EIGHTH (18) OF NOVEMBER OF THE
CURRENT YEAR (2012) AT EIGHT IN THE MORNING (8: 00 AM) Which
you must attend accompanied by the legal professional who represents you
and with all the evidence that you intend to use to assert your rights. - It
being understood that you sign for proof.
SCARLETH KOREA RAMON ALBERTO VALLADARES
RECEIVER

I FILE A COUNTERCLAIMER; ON PAYMENT OF COMPENSATION FOR

BREACH OF CONTRACT.

Tenancy Letters Court of the Department of Francisco Morazán.

I, MARCO TULIO AYALA , acting in my capacity as legal representative of

Mrs. LOURDES MARIA GABORIT RAUDALES , present the following
COUNTERCLAIMER CLAIM REGARDING PAYMENT OF
INDEMNICATION FOR BREACH OF CONTRACT

FACTS
FIRST: That my client, LOURDES MARIA GABORIT RAUDALES , is the
tenant of a home that consists of: Bedroom, living room, bathroom services,
sink, toilet, with drinking water service and electric light, all in good
condition; located in the Casamata neighborhood, San Pedro street, house
number 2248 of this city; whose legitimate owner is Mrs. Nielsen Libyeth
Ávila Rovelo ,
SECOND: My client LOURDES MARIA GABORIT RAUDALES and Mrs.
Nielsen Libyeth Ávila Rovelo signed a Rental Contract in triplicate, in the
city of Tegucigalpa, Municipality of the Central District on the twenty-fifth
day of January of the year two thousand and twelve.

THIRD: The Lease Contract in its second condition expresses in its section
“A” the following: “ A.- The term of the lease will be two (2) years, counting
from the twenty-fifth day of the month of January of the year two thousand
twelve and ending on the twenty-fifth day of the month of January of the
year two thousand fourteen. Date on which the LESSEE must deliver the
property to the LESSOR, said period may be extended at the will of both
parties, through a change of notes in that regard.

FOURTH: My Client, Mrs. Lourdes María Gaborit Raudales , states that

said rental property was uninhabitable since the facilities suffered
deterioration in the month of May 2012, caused by heavy rains and poor
construction; Mrs. Nielsen Libyeth Ávila Rovelo refused to repair the
property and I agreed to allow my client to do so, taking into account that
the expense of the repair would be reduced in the income of the property.

FIFTH: My client was motivated by the need to repair the property to

continue occupying it since Mrs. AVILA did not do so and was not responsible
for compensating my client since she incurred a breach of contract, this
relationship being also regulated by the TENANT LAW in its art. 7 and 9

SIXTH: My Client, Mrs. LOURDES GABORIT, contracted the services of Eng.

Civil, RAMON ALBERTO VALLADARES to repair the roof of the leased
property, said repair cost twelve thousand five hundred exact lempiras (Lps.
12,500 )

SEVENTH: Demand for EXPIRATION OF LEASE THROUGH THE SHORT

PROCESS filed against my client on October 24, 2012.

OFFERING MEANS OF EVIDENCE

To prove the extremes of said claim, the following means of evidence are
offered:
1.-Interrogation of parties: Consisting of the statement of the plaintiff
LOURDES MARIA GABORIT , to support the facts.
2.-Public documents: The written authorization issued by the General
Directorate of Public Health, stating that the property does not meet the
minimum sanitary conditions required by the Tenancy Law and the
respective regulations.
3.-Private Documents: a) Consists of the lease contract in which it is
proven that the lease term will be two (2) years, counting from the twenty-
fifth day of the month of January of the year two thousand twelve
b) 2 receipts for repair from the Engineer. Civilian Ramón Alberto Valladares,
the first with the amount of exactly eight thousand lempiras (Lps. 8,000) and
a second with the amount of exactly four thousand five hundred lempiras
(Lps. 4,500 )
4.- Technical Image Means: Which is based on photographs of the home
during the time it was in poor condition.
5.-Interrogation of witnesses: RAMON ALBERTO VALLADARES ,
Honduran, of legal age, Married, Civil Engineer, with identity number 0801-
1990-00876, residing in the Las Colinas neighborhood.

In the annexes to this application there are photocopies of the witnesses'

identity cards.

FOUNDATIONS OF LAW
He based the present lawsuit on the following articles:
1.-Constitution of the Republic: Articles 80, 82 and 90 that establish the
right of petition to invoke this procedural means on behalf of my client's
rights.
2.-Civil Code: Articles 1 on the law, articles 613, 869, 870, 872,874 on the
claim of ownership.
3.- Code of Civil Procedure: Articles 1 to 22, of the Principles that govern
all Civil Procedures, 23,27,28,29,30,35, to prove jurisdiction and
competence, 61 paragraph 4, 62 paragraph 2, 79 ,81, to prove the capacity
to be a party, 129,130 paragraph 6, 135, 143, on the necessary procedural
form, 251 on the means of proof in civil matters,
253,254,255,256,257,258,259,261,263,267,268 On the interrogation of
parties, 293,294,295, 296, about the test testimonial, 297, 298, 299, 300,
301, 309, 311, referring to the interrogation of witnesses, 271,273,275,
about the evidence of public documents and articles 479, 480 about the
evaluation of the evidence and the sentence.
4.-Tenancy Law : Article 23, on lease contracts, article 34, on the
authorization to rent housing, article 51 on the expiration of the lease,
numerals 7 and 9, article 58 on the jurisdiction of the courts to know about
this process.
5.-Law of Attribution and Organization of the Courts : Articles, 1, 40,
137, 249, 250, 251, 252, about the jurisdiction of the courts.

PETITION

To the Lord Judge I respectfully ASK:

1.- Admit this COUNTERCLAIMER DEMAND; ON PAYMENT OF
COMPENSATION FOR BREACH OF CONTRACT along with the original
documents and simple copies of the claim and all documentary evidence.
Like the annexes that I accompany, open it to the indicated procedure.
2.-Have the condition in which I acted and the legal powers conferred upon
me be proven.
3.- Summon the defendant, Mrs. NIELSEN AVILA, through the Receiver of
the Office, so that a hearing can be scheduled within the corresponding legal
period.
4.-Once the evidence has been proposed and evacuated, this Honorable
Court declares the present lawsuit, condemning Mrs. NIELSEN AVILA , to
terminate the lease contract, to compensate her for the payment that the
plaintiff incurred when repairing the property for an amount of twelve
thousand five hundred exact lempiras, (Lps. 12,500) and the payment of
exactly seven thousand five hundred lempiras (Lps. 7,500) as compensation
since the defendant will be forced to abandon the property and look for a
new place due to the early termination of the contract since it was valid for
two years. I expressly express my willingness to comply with the
requirements demanded by law, for the purposes of correcting possible
defects.

Tegucigalpa MDC October 30, 2012.

 REPUBLIC OF HONDURAS
HEALTH SECRETARY
GENERAL DIRECTORATE OF HEALTH REGULATION
Tegucigalpa MDC, Honduras CA
Tel: 237-97-02

Office No. 126-2012 UT May 14, 2012

Dear Ms. Nielsen Lybyeth Avila Rovelo, with due respect, I

address you, through this authorization and following the
regulations established in the Health Code, with the purpose of
ordering the repair of the immovable property that Mrs. Lourdes
Gaborit leases to you.

We ask you, Mrs. Nielsen Lybyeth Avila, for your understanding of

this request, as we have received requests from Mrs. Gaborit, for
the repair of the property since it is clear that the property
does not meet the minimum sanitary conditions required by the
Tenancy Law and the respective regulations, through the
supervision carried out on the property on May 13 of the current
year . This request must be fulfilled immediately on the day you
become aware of it, without any fault, otherwise you will have to
be responsible for damages and losses caused to the
aforementioned Lessee.

I thank you in advance for your collaboration and I hope for your
understanding response to my request. I say goodbye to you.