1)
time-barred nature of the motion for clarification of the judgment
rendered by the Constitutional Tribunal
72.
In Article 285 of the Code of Civil Procedure, a period of three days is
established in order to present a clarification or amplification. In the present case, on
March 25, 2002, legal notice was presented to the parties of the mentioned
judgment of March 12, 2002, to which any clarification should have been presented
within the following three days.
73.
In this regard, during the public hearing before the Court, the expert witness
Jaime Rafael Vintimilla stated that “Article 43 [of the Law of Constitutional Control]
expressly stated: requests to the Tribunal for reconsideration or reversal cannot be
made, but a request for expansion or clarification can be made within a period of
three days […]. Once published in the official record, no appeal can be made as this
would infringe upon due process, the basic rights of citizens.”
74.
However, in this case, the General Command filed, on April 8, 2002, a
motion for clarification, that is, 14 days after legal notice of the Judgment.
Additionally, it is worth mention that the aforementioned decision was published in
the Official Register No. 548 on April 4, 2002, date from which, according to the
current regulations was enforceable, to which the motion for clarification was
submitted four days after the promulgation of the judgment. As a consequence, this
Court finds that the submission of such a clarification by the General Command was
time-barred.
75.
In addition, both the representatives and the Commission argued that the
General Command was not a party to the proceedings in the case, and as such could
not request clarification. This Court notes that from the evidence presented and the
norms indicated by the parties, there is not sufficient information to determine with
certainty that said institution was not a party in the present matter. Or, whether
third or affected parties could file a motion for clarification or amplification of the
ruling. As such, this Court cannot rule on the matter.
2)
lack of jurisdiction of the President of the Constitutional Tribunal to
provide clarification on the ruling by way of a resolution
76.
Article 285 of the Code of Civil Procedures clearly establishes that, “the judge
that issued the judgment cannot repeal nor alter its sense in any case,” however, the
judge can clarify or amplify its content, and that pursuant to Article 67 of the Rules
for the Processing of Case Files of the Constitutional Tribunal, it is the responsibility
of the President of the Constitutional Tribunal to execute the judgment of the plenary
of the Tribunal. In this regard, the expert witness Jaime Rafael Vintimilla stated that
Article 14 of the Law of Constitutional Tribunal “corroborated this, since it indicated
that the resolutions of the Constitutional Tribunal, […] do not allow […] for any
appeal. Only in the Organic Law of the Constitutional Tribunal was a motion for
amplification or clarification mentioned.”
77.
This Court has established that a judge, as director of the proceeding,
should ensure full compliance of the rules of due process of the parties and failure to
do so might open the possibility for the application of the rules of nullification.
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