"will of the corporation" can well be to say that they answer to it as its legal
representatives. 91
64.
Regarding the assessment of the damage to the then President, the judgment
considered the following:
[I]n this process, with the documentary evidence that has been provided, it has
been determined that the plaintiff, Econ. Rafael Vicente Correa Delgado, is a
professional who has a family, has been distinguished with multiple academic
titles, thanks to his studies inside and outside the country, who has been Minister
of Finance and is currently the Constitutional President of the Republic, who has
been in charge of the General State Budget […]; administration that has been
entrusted to him by the sovereign people of Ecuador given his impeccable
conduct, resume and activities in the public and private sphere, in addition to
being a teacher, prominent speaker in world forums, etc. To insult a person of
the complainant‘s characteristics as appears in the aforementioned article "No
to lies" that has had national and worldwide dissemination, which slanders him
regarding the events of September 30, 2010 deserving of rejection locally and
globally, causes serious damage and harm. It produces both consequential
damage, because it undermines the trust that people have in him, and loss of
earnings, due to the future trajectory that a statesman derives from his
activities, both public and private (...) whereby the claim for damages made by
the complaint, at no time has the intention [sic] of enrichment, but of a fair
assessment of the consequential loss of profits and damage caused to his honor
and good reputation. 92
D.2. Remedy for annulment and appeal
65.
The alleged victims and the representatives of El Universo filed a remedy of
annulment and appeal against the judgment, 93 . The then President filed an appeal
against the judgment, which was later withdrawn. 94 The Second Criminal Chamber of
the Guayas Provincial Court of Justice (hereinafter “the Provincial Court”) heard the
appeals made. 95
66.
On August 16, 2011, it was determined that August 25, 2011 would be the date
for the public hearing where the remedy for annulment and appeal should be
91
Cf. Judgment of July 20, 2011, of the Fifteenth Court of Criminal Guarantees of Guayas (evidence file,
folios 5075 to 5230).
92
Cf. Judgment of July 20, 2011, of the Fifteenth Court of Criminal Guarantees of Guayas (evidence file,
folios 5075 to 5230).
Cf. Remedy for annulment and appeal filed by the lawyers of El Universo Limited Company on July 22,
2011 (evidence file, folios 5281 to 5282); Remedy for annulment and appeal filed by the lawyers of Carlos
Eduardo Pérez Barriga and Carlos Nicolás Lapentti on July 22, 2011 (evidence file, folios 5283 to 5297);
Additional information brief of remedy for annulment and appeal filed by the lawyers of Carlos Eduardo Pérez
Barriga, César Enrique Pérez Barriga and Carlos Nicolás Pérez Lapentti on July 26, 2011 (evidence file, folios
5300 to 5325); Remedy for annulment and appeal filed by Emilio Palacio Urrutia on July 26, 2011 (evidence
file, folios 5326 to 5349).
93
94
Cf. Appeal brief presented by the lawyers for Rafael Correa Delgado against the judgment of July 20,
2011 (evidence file, folios 5233 to 5242). The then President requested an increase of the sum of the
compensation to no less than USD $50,000,000 (fifty million United States dollars).
95
Cf. Ruling of the Second Criminal Chamber of the Provincial Court of Justice of the District of Guayas of
August 9, 2011 (evidence file, folio 5351).
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