Key Benefits:
VISTO File No. 420.476/97 of the INTERIOR MINISTERY registry, together with its aggregates without accumulating, and
CONSIDERING:
On December 6, 1985, Mr. Juan Manuel ABAL MEDINA promoted a lawsuit against the NATIONAL STATE, persecuting the nullity of unconstitutionality of various administrative and institutional acts, issued by the de facto government that will hold power from March 24, 1976.
That the cause is caratulated "ABEL MEDINA, Juan Manuel c. STATE NATIONAL S/CONCEDURE PROCESS" (Cause No. 337/87) and before the National Court of First Instance in the Federal Administrative Dispute No. 6, Ministry 11, Federal Capital.
That the action sought seeks, among others, to pursue the declaration of nullity and unconstitutionality of the Act of Institutional Responsibility emanating from the de facto Government on 18 June 1976; of Resolution No. 2 of the Military Board of 23 June 1976; of Law No. 21.670 and Decrees No. 1205 of 5 July 1976 and 3245 of 3 November 1977 on the application of such rules and the damages derived from them.
That the PROCURATION OF THE NATIONAL THIRD assumed the defense of the NATIONAL STATE in the process referred to, opposing the exception of prescription and answering the demand.
That the defence of limitation was based on the time elapsed between the date of cessation of the effects of the acts questioned in relation to the actor and the date of initiation of the judicial proceedings, it being understood that the period between the two dates exceeded the period of biennial statute of limitation established by article 4037 of the Civil Code, which was deemed applicable to the case.
On 17 March 1995, a final judgement was handed down, which was resolved by the latter, to reject the demand promoted by the actor.
That such a court ruling was appealed by the appellant, on the merits of which, by judgement dated 12 October 1995, Chamber I of the National Appeals Chamber in the Federal Administrative Disputes decided to revoke the first instance as soon as it considered the instituted action to be prescripted, ordering the proceedings to return to the court of origin so that its holder would issue a ruling on the merits of the case.
That as a result of the appeal, on 28 October 1996, the High Court handed down a new ruling, leading to the lawsuit filed by the actor, with the scope of the ruling.
That this new judgement was appealed by both parties, having taken action in the appeals tried by the National Appeals Chamber I in the Federal Administrative Disputes.
On 3 October 1988, Mr. Juan Manuel ABAL MEDINA, addressed the PROCURATION OF THE THIRD OF NATION in order to propose a transactional agreement within the framework of the then existing Decree No. 1768 of 30 September 1986. Afterwards, and according to the new regulations in force, the actor, through his possession, made an adequacy of his original transactional proposal, in accordance with the provisions of Act No. 23.982 and its regulations.
Pursuant to article 32 (j) of Decree No. 2140 of 10 October 1991 and its amendment, the Advisory Commission on Transactions of the Procuration of the Treasury of the Nation, on 23 December 1991, turned the case file promoted by the offender to the Ministry of Foreign Affairs.
That before this last headquarters the actor was modifying his proposal for a transactional agreement in successive presentations, until he reached the one that works at fs. 21/22 of the file cited in the VISTO.
That the legal and economic desirability of this last transactional settlement project has been evaluated by the General Directorate of Legal Affairs of the Ministry of Foreign Affairs, as required by article 32, subparagraph (a), paragraph (1) of Decree No. 2140 of 10 October 1991 and its regulatory amendment to the Act: No. 23.982.
That the UNITY OF AUDITORY INTERNAL and the Coordination of the General SINDICATURA of the NATION of jurisdiction have taken action.
That without prejudice, the preliminary and conditional question of any agreement continues to be present, which refers to the possibility of a statute of limitations of the action sought by the plaintiff, which, if welcomed by the court, would bring with it the release of the alleged obligations attributed to the NATIONAL STATE.
That in that sense, the PROCURATION OF THE NATIONAL TESORO has held that from the judgment of the SUPREMA COURT OF JUSTICE OF THE NATION dated November 30, 1989, raked in the cars "KESTELBOIM, Mario J.C. Estado Nacional s/Ordinario", in which the criterion set forth in previous judgments, computing the prescriptive period of advertising Juan Manuel ABAL MEDINA would remain fully effective, considering that the action was promoted on December 6, 1985.
In the case, there are reasons which transcend the strictly legal and which belong to the principle of material justice, to the consideration of the entity of the consequences and moral values and of social solidarity, which make it equitable to renounce the liberatory effects of the prescription that eventually be admitted.
That the possibility of such a withdrawal, even if article 142 of the Accounting Act containing it has been repealed, remains as the previous and proper prerogative of the constitutional role of the NATIONAL EXECUTIVE PODER, even more so when it can be understood within the framework of the powers assigned in the matter by article 18 of Act No. 23.982.
That it is reasonable and does not violate the limits of discretion to proceed in this regard and consequently approve the transactional agreement to which it has been reached in the proceedings mentioned in the VISTO.
Article 18 of Act No. 23,982, requires that the transactional agreement be subject to judicial approval.
That this measure is in exercise of the powers established by article 99 inc. 1 of the NATIONAL CONSTITUTION and article 18 of Act No. 23.982.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
Article 1 -Dispénsase of the prescription operated in the caratulated cars "ABAL MEDINA, JUAN MANUEL c. STATE NATIONAL S/ CONCERNING PROCESS" (Cause No. 337/87), pending before the National Court of First Instance in Federal Administrative Disputes No. 6, Ministry 11, Federal Capital. Art 2° -Approve the transactional proposal made in the cars mentioned in Article 1 of the present, for the final amount of CINCUENTAL PESOS AND TRES MIL DOSCIENTOS SIETE CON NOVENTA and SEIS CENTAVOS ($ 953.207,96.-), by the Minister of the Interior signing the final agreement, whose model is part of the present as Annex I. Art. 3° -The transactional agreement shall be subject to judicial approval. Art. 4° -The amount of the agreement will be effective in Public Debt Consolidation Bonuses, issued in national currency pesos, in accordance with the option formulated by the causator, in the terms of Law No. 23.982 and its regulatory decree.The surrender referred to in the preceding paragraph shall be made in part or in full in this exercise, in accordance with the budgetary availability arising from the limits set out in Act No. 24.938.
Art. 5° -Communicate, publish, give to the NATIONAL DIRECTION OF THE OFFICIAL REGISTRATION and archvese. -MENEM. -Jorge A. Rodriguez -Carlos V. Corach.NOTE: This Decree is published without Annex I. The unpublished documentation can be consulted at the Central Headquarters of the National Directorate of the Official Gazette (Suipacha 767 - Capital Federal).
