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DECREE NO 372
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That according to Art. 172 of the Constitution it is up to the Judicial Authority to judge and enforce the court in civil, commercial and labor matters, among others, through the courts of first instance and chambers of second instance; its organisation and operation shall be determined by the law.
II.-That by Legislative Decree No. 712, dated September 18, 2008, published in Official Journal No. 224, Volume No. 381, dated November 27, 2008, the Civil and Commercial Code was enacted, in which article 704 provides that the Judges who know in the cities of San Salvador, Santa Ana and San Miguel of the processes referred to in that Code, will be appointed by the Supreme Court of Justice, of the terms sent to it by the National Council of the Judiciary.
III. That as a consequence of the implementation of the Civil and Commercial Code, it is necessary to create and convert courts to apply it. It is also necessary to reorganize the distribution of judicial work among the existing ones, which will be created and converted, so that the same is balanced and in line with the specialization of the corresponding legal matter. In addition, it is advisable as a measure of good judicial government and according to studies carried out, to face the arrears in the prosecution of judicial matters, to appoint Judges that apply the Code of Civil and Commercial Processing. The foregoing seeks to assure the Justiciables a prompt and accomplished justice, which implies, the modification of the Judicial Organic Law.
BY TANTO,
in use of its constitutional powers and on the initiative of the Supreme Court of Justice,
DECRETA:
Art. 1.-The Courts that are created or transformed by this Legislative Decree shall be competent to know the processes referred to in the Civil and Commercial Code.
Art. 2.-Create in the municipality of San Salvador five pluripersonal courts to be called: First of the Civil and Commercial Court; Court of Civil and Commercial Court; Third Party of Civil and Commercial; Court of Civil and Commercial Mercantile; Court of Civil and Commercial Court. All will have jurisdiction, as referred to in the Civil and Commercial Code, in the municipality of San Salvador. In addition, the First Civil and Commercial Court will know the municipality of Rosario de Mora;
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the Second Civil and Commercial Court of the municipality of Guazapa; and the Third Party of the Civil and Mercantile of the municipality of Panchimalco.
Art. 3.-The current Courts First and Second of Inquilinato are converted into Tribunals Third and Fourth of Minor Cuantia respectively, with residence both in San Salvador.
Art. 4.-The Courts First and Second of the Civil of San Salvador, will also know from the validity of this Decree: from the judgments of inquilinate that in reason of the conversion of the jurisdiction of the Court First of Inquilinato, referred to it in the following manner: The First Civil Court will forward to him the processes classified in odd number and to the Second Civil Court, those classified in number par.
The Third and Fourth Courts of the Civil of San Salvador, they will also know from the validity of the present Decree: From the judgments of inquilinate that in reason of The conversion of the jurisdiction of the Court of Inquilinato, I will refer to it the same way: to the Third Court of the Civil will refer you the processes classified in odd number and to the Court Fourth of the Civil, the classified in
The processes referred to in the preceding two incisings shall be known to the courts of the civil courts until their complete termination, in accordance with the substantive and procedural laws that have been initiated.
The Courts First and Second of Inquilinato will have to refer the processes in procedure in a period of time of thirty calendar days counted from the entry into force of this decree. The processes that have been committed will have to be sent to the general archive within that period and to send a payroll of the same to the courts of the civil that correspond to each one.
Art. 5.-Create three courts in the municipality of Santa Ana, which will be called: Court of Civil and Commercial Court; Second Civil and Commercial Court; and Court of Civil and Commercial Court. They will have competence in the municipality of Santa Ana. In addition, the First Court of Civil and Commercial will know of the municipalities of El Congo and Santiago de la Frontera; the Second Civil and Commercial Court of the municipalities of Texistepeque and Candelaria de la Frontera and the Third Party of the Civil and Mercantil of the municipalities of Coatepeque and San Antonio Pajonal.
Art. 6.-Create three courts in the municipality of San Miguel to be named: First of the Civil and Commercial Court; Court of Civil and Commercial Court; and Court of Civil and Commercial Third. They will have competition in the municipality of San Miguel. In addition, the First Court of Civil and Commercial of the municipalities of Comacaran, Uluazapa and Quelepa; the Second Civil and Commercial Court will know the municipalities of Chirilagua and Moncagua; the Court of Civil and Commercial the municipalities of Chapeltique and Sesori.
Art. 7.-Reform the second paragraph of Art. 6 of the Judicial Organic Law: " The aforementioned courts will know in the second instance of the cases that are of their competence: The First Civil Chamber of the First Section of the Center will know the processes dealt with in the First and Second Courts of the Civil; First and Second of the Commercial; First and Third of the Minor Cuantia; likewise of the processes substantiated by the Courts First and Second of the Civil and Commercial. "
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Art. 8.-Reform the third paragraph of Art. 6 as follows: " The Second Civil Chamber of the First Section of the Center shall be in second instance of the proceedings in the Third and Fourth Courts of the Civil; Third and Fourth of the Mercantile; Second and Fourth of the Minor Cuantia; likewise of the processes that are known by the Third and Fourth Courts of the Civil and Commercial. "
Art. 9.-Reform the fourth paragraph of Art. 6 thus: " The Third Chamber of the Civil of the First Section of the Center shall know in the second instance of the proceedings in the Courts Fifth of the Civil and the Fifth of the Commercial; and of the Substantiated in the Civil Courts with residence in Apopa, San Marcos, Mejicanos, Soyapango, Delgado; also from the Court of First Instance of Tonacatepeque. He will also be aware of the proceedings in the Fifth Civil and Commercial Court. "
Art. 10.-The competence of the chambers which, by means of this decree, is granted is without prejudice to those conferred by other laws.
Art. 11.-The Civil Courts of the municipalities of Chalkuapa, Metapan, Sonsonate, Ahuachapan, Delgado, Mejicanos, Soyapango, San Marcos, Apopa, Quezaltepeque, Zacatecoluca, Cojutepeque, San Vicente, Usulutan, La Union, Santa Rosa de Lima and Santa Tecla, know about the processes regulated in the Civil and Commercial Code within the territorial district that corresponds to them according to the Judicial Organic Law.
In addition, the Tribunal de lo Civil de Santa Tecla will know the municipality of Zaragoza; the Tribunal de lo Civil de Sonsonate will know of all the municipalities of Sonsonate department; with the exception of Izalco, Acajutla and Armenia.
The Courts of First Instance of the municipalities of Izalco, Acajutla, Armenia, Atiquizaya, Tonacatepeque, San Juan Opico, La Libertad, Chalatenango, Tejutla, Dulce Name of Maria, San Pedro Masahuat, Suchitoto, San Sebastian, Sensuntepeque, Ilobasco, Chinameca, Ciudad Barrios, Jiquilisco, Berlin, Santiago de Maria, Jucuapa, First Instance of San Francisco Gotera, Court of First Instance Instance of San Francisco Gotera will be pluripersonal courts, each of them having the Judges and individual and independent jurisdiction. The Judge appointed by the Supreme Court of Justice on the basis of the entry into force of the Civil and Commercial Code, will know the processes to which it refers; likewise, it will know about the processes in labor matters that enter after the entry into force of the Code. The other Judge will continue to know until his termination and file of the pending proceedings under the relevant regulations; without prejudice to the jurisdiction that other laws establish.
The appointment of pluripersonal judges in the The above mentioned municipalities will be carried out by the Supreme Court of Justice, in so far as the labor burden in the matters referred to in the Code of Civil and Commercial Processing, warrants it.
Art. 12.-The peace courts will know of the acts of conciliation in accordance with the rules established in the Civil and Commercial Code; they will continue to be aware of the civil and commercial processes initiated before the entry into force of the This Law. Without prejudice to competition established in other laws.
Art. 13.-The courts of civil, court of mercantile and minor of the department
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of San Salvador, as well as the civil courts of the departments of Santa Ana and San Miguel They have been aware of the processes under the Civil Procedure Code and other special laws, prior to the entry into force of the Civil and Commercial Code, they will continue to be aware of them until their complete completion. Subsequently, they will advise the Court on the completion of the substantiation of these processes so that they will be diagnosed with the situation, the courts will be aware of the processes under the Civil and Commercial Code.
Art. 14.-The courts of the labor, which know in matters of inquilinate, civil and commercial or any of these matters, will cease to know about them and will be competent exclusively to know in labor matters; however, they must continue -knowing of the processes that are being processed in the aforementioned matters, to the date of entry into force of the Code of Civil and Commercial Processing until its complete completion.
Art. 15.-The distribution of the claims and requests among the courts created by this decree in the city of San Salvador will be carried out by the Recipient Secretariat and Distributor of Demands.
Art. 16.-Intercalase between Art. 153 and 154 of the Judicial Organic Law: Art. 153 -Bis-Creanse in each of the departments of Santa Ana and San Miguel a Receptor and Distributor of Demands, with the same characteristics established in Art. 153 of the Judicial Organic Law. Both secretaries will have their seat in the corresponding departmental headers.
Art. 17. REPEALED BY D.L. Nº 892/2014.
Art. 18.-The interpretation and application of this decree must be carried out in harmony with the Law of the Judicial Organic Law, the Code of Civil and Commercial Processing and other special laws, taking care to integrate the possible legal voids of the decree through employment of those regulations.
Art. 19. This Decree shall enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the twenty-seventh day of May of the year two thousand ten.
CYRUS CRUZ ZEPEDA PENA, PRESIDENT.
OTHON SIGFRIDO REYES MORALES, GUILLERMO ANTONIO GALLEGOS NAVARRETE, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.
JOSÉ FRANCISCO MERINO LÓPEZ, ALBERTO ARMANDO ROMERO RODRÍGUEZ, THIRD VICE PRESIDENT. FOURTH VICE-PRESIDENT.
FRANCISCO ROBERTO LORENZANA DURAN, FIFTH VICE PRESIDENT.
LORENA GUADALUPE PEÑA MENDOZA, CESAR HUMBERTO GARCIA AGUILERA,
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FIRST SECRETARIAT. SECOND SECRETARY.
ELIZARDO GONZÁLEZ LOVO, ROBERTO JOSÉ D' AUBUISSON MUNGUÍA, THIRD SECRETARY. FOURTH SECRETARY.
SANDRA MARLENE SALGADO GARCIA, IRMA LOURDES PALACIOS VÁSQUEZ, FIFTH SECRETARY. SIXTH SECRETARIAT.
MIGUEL ELIAS AHUES KARRA, SEVENTH SECRETARY.
CASA PRESIDENTIAL: San Salvador, at the thirty-one day of May of the year two thousand ten.
PUBESQUIESE, Carlos Mauricio Funes Cartagena, President of the Republic.
José Manuel Melgar Henriquez, Minister of Justice and Public Security.
D. O. Nº 100 Took Nº 387 Date: May 31, 2010
SV/adar 17-06-10
EXTENSIONS:
D.L. No. 42, JUNE 29, 2012, D.O. No. 120, T. 395, JUNE 29, 2012. (Beat 31/12/13)
D.L. No. 579, 12 DECEMBER 2013, D.O. No. 241, T. 401, DECEMBER 21, 2013. (expires 31/12/14)
PARTIAL REPEAL:
D.L. No. 892, DECEMBER 12, 2014, D.O. No. 240, T. 405, DECEMBER 23, 2014.
SV 24/07/12
JCH 06/02/14
SP 11/02/15
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