70. On September 23, 2011, the then President asked the Provincial Court to clarify and extend the judgment of September 22, 2011 regarding the “declaration of abandonment of the remedies imposed” regarding those convicted. 107 The Provincial Court concluded that, since neither Mr. Palacio Urrutia nor his attorneys were present at the hearing on September 16, 2011, the motions for annulment and appeal were declared abandoned. Regarding the rest of the convicted persons, said Court rejected the request because they were present at the hearing. 108 D.3. Cassation appeal 71. On September 27, 28 and 30, 2011, Emilio Palacio Urrutia, the representatives of El Universo, and César Pérez Barriga, Carlos Eduardo Pérez Barriga and Carlos Nicolás Pérez Lapentti, respectively, filed a cassation appeal. 109 On September 30, 2011, through a brief filed with the Provincial Court, the then President indicated that the appeals filed were illegal and therefore inadmissible, “because at this procedural moment the judgment issued against them is executed for express abandonment due to nonappearance at the hearing”. 110 72. On October 4, 2011, the Provincial Court decided to refer the proceeding to the National Court of Justice (hereinafter, “National Court”) so that it could rule on the cassation appeal filed by César Enrique Pérez Barriga, Carlos Eduardo Pérez Barriga and Carlos Nicolás Pérez Lapentti, and by the lawyers of El Universo. Similarly, it declared the cassation appeal filed by Mr. Palacio Urrutia inadmissible on the grounds that neither he nor his lawyer were present at the oral appeal hearing. Thus, the judgment of first instance “passed to the state of enforcement, preventing the filing the extraordinary cassation appeal” with respect to Mr. Palacio Urrutia. 111 73. On February 17, 2012, the National Court resolved the cassation appeals filed by César Enrique Pérez Barriga, Carlos Eduardo Pérez Barriga and Carlos Nicolás Pérez Lapentti, and by the representatives of El Universo, making the criminal convictions final. In its decision, it established that the “[c]ourt of appeals, by issuing a conviction against the appellants imposing the penalties and compensation described therein, have not violated the principles, international precedents, the laws applicable to the case, the existence of animus injuriandi, and the participation of the defendants has been valued and determined according to law”. 112 Consequently, it concluded that “the cassation appeals filed by the defendants are inadmissible. It is therefore arranged to return the process to the inferior court for the relevant legal purposes”. 113 107 Cf. Brief presented by Rafael Correa Delgado to the Second Criminal Chamber on September 23, 2011 (evidence file, folios 5622 and 5623). 108 Cf. Judgment of September 26, 2011, Second Criminal Chamber Provisional Court of Justice of Guayas (evidence file, folios 5624 to 5626). 109 Cf. Cassation appeal by Emilio Palacio Urrutia, El Universo Limited Company, and Carlos Eduardo Pérez Barriga, César Enrique Pérez Barriga and Carlos Nicolás Lapentti (evidence file, folios 5640 to 5667). 110 Brief presented by Rafael Correa Delgado to the Provisional Court of Justice of Guayas (evidence file, folios 5629 to 5630). 111 Cf. Judgment of October 4, 2011, Provisional Court of Justice of Guayas (evidence file, folio 5670). Cf. Judgment of the Criminal Chamber of the National Court of Justice of February 27, 2012 (evidence file, folios 6935 to 6999). 112 113 Cf. Judgment of the Criminal Chamber of the National Court of Justice of February 27, 2012 (evidence file, folios 6935 to 6999). 27