RE:Judge Hermoza Castro approved the accumulation of casesjuanPeru wrote: (...)
As was ordered in the Resolutive Clause, the same day judge Hermoza Castro sent a formal letter (oficio in Spanish) to judge Sacha Flores of the 5th Permanent Court, which is in charge of Case 10760, requesting the 10760 File is sent to the 6th Permanent Court to be accumulated with (absorbed by) Case 10759 (page 5): SUPERIOR COURT OF JUSTICE OF LIMA
Sixth Permanent Court Specialized In Administrative Litigation
Lima, October 7th, 2020.
Official Letter N° 10759-2019-6thJECA/PJ
MS:
JUDGE OF THE 05TH PERMANENT COURT SPECIALIZED IN ADMINISTRATIVE LITIGATION OF THE SUPERIOR COURT OF JUSTICE OF LIMA.
Present.-
I am pleased to address you; to effect that you SEND to this Court the File N° 10760-2019-0-1801-JR-CA-05, followed by MACUSANI YELLOWCAKE S.A.C. against the MINISTRY OF ENERGY AND MINES - MINEM and the INSTITUTO GEOLOGICO MINERO Y METALURGICO - INGEMMET, with their respective Administrative File and others accompanied - if any -; In accordance with the provisions of Resolution No. 05 issued on the date, through which it is resolved:
(…) TO DECLARE FOUNDED the request for ACCUMULATION OF PROCESSES raised by the plaintiff MACUSANI YELLOWCAKE S.A.C., and since the first summons was made in the present file, as verified by the documents and the Integrated Judicial System (SIJ), according to what is indicated in the final part of the second paragraph of Article 90th of the same Code,
IT IS DECIDED: TO ACCUMULATE the process signed with N° 10760-2019-0-1801-JR-CA-05, initiated before the 05th Permanent Court Specialized in Administrative Litigation to the present process, and for this purpose, TO COMMUNICATE this decision to the 05th Permanent Court Specialized in Administrative Litigation, so that it SEND the aforementioned file with its respective Administrative File and others accompanied - if any -, so that the sequel of the process can continue according to Law. (…).
Resolution No. 05 dated October 7th, 2020 is attached in a certified copy.
The occasion is opportune to express to you, the sentiments of my highest consideration and personal esteem.
Sincerely;
As was requested in the quoted letter, judge Sacha Flores has just acknowledged the accumulation of cases and sent the files of the 15 concessions to the 6th Permanent Court, so that judge Hermoza Castro is able to advance the judicial process for the 32 concessions. The reason for Sacha Flores' delay in sending the files is that she has just rejoined the 5th Permanent Court after the long lock down. https://cdn.ceo.ca.s3-us-west-2.amazonaws.com/1fq8jms-res_2019107600141308000359610.pdf SUPERIOR COURT OF JUSTICE OF LIMA
5th Specialized Court in Administrative Litigation of Lima
FILE: 10760-2019-0-1801-JR-CA-05
SUBJECT: NULLITY OF RESOLUTION OR ADMINISTRATIVE ACT
JUDGE: SACHA FLORES KARELY EDITH
SPECIALIST: PEREYRA LOPEZ, VICTOR HUGO
DEFENDANT: MINISTRY OF ENERGY AND MINES - MINING COUNCIL, INSTITUTO GEOLOGICO MINERO Y METALLURGICO - INGEMMET,
CLAIMANT: MACUSANI YELLOWCAKE S.A.C. ,
Mrs. Judge,
In compliance with my duties, I inform you that this case is being provided on the date because I've just rejoined after the quarantine status established by Decree No. 044-2020-PCM and its amendments ended. It is all that I have to report for the purposes of the Law.
Lima, November 2nd, 2020
RESOLUTION N° FIVE
Lima, November 2nd.
Two thousand and twenty.
PUTTING TO DISPATCH.- On the date we proceed to resolve. To the letter dated October 13th, 2020.- presented by the Sixth Administrative Court, which is to be addressed, and Considering;
First: By means of the aforementioned official letter, the Sixth Administrative Court makes the request for the accumulation of processes requested by the plaintiff known to this judiciary; which by resolution number five resolved to declare founded the plaintiff's request, accumulating the present process with the Case 10759-2019, sending an official letter to this judiciary so that the file is sent.
Second: According to the Second Paragraph of Article 90th of the Civil Procedure Code, it is indicated:
“The successive accumulation of processes is requested before any of the Judges, attaching a certified copy of the demand and its answer, if any. If the request is founded, they will be accumulated before the one who made the first summons ”; (underlined and bold is ours);
Third: Being as described above, given the aforementioned factual situation, it is concluded that in Case 10759-2019, being carried out before the Sixth Specialized Administrative Court, the first summons was made, and by contrasting both petitions it is observed that there are common elements between both, therefore, in application of Article 6th of Law No. 27584.
For such reasons it is resolved to:
1. Send the file, by ACCUMULATION of processes, to Case No. 10759-2019 followed by Macusani Yellowcake SAC against INGEMMET, SENDING AN OFFICIAL LETTER for this purpose to the Sixth Court Specialized in Administrative Litigation; Be notified.-
To the briefs dated March 12th and 13th and September 17th, 2020.- Be considered by the competent court.
Focusing on the knowledge of the present case, the judge who signs by virtue of what is established by Administrative Resolution No. 000092-2020-P-CSJLI-PJ;
BE NOTIFIED .---------