Colombian State and Corficolombiana will appeal sentence that forces them to pay 14 billion pesos

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The National Agency for Legal Defense of the State and the financial entity warn that the decision of the Superior Court of Cundinamarca has arithmetic errors and uses interest rates that do not they know where they come from

Colombian State and Corficolombiana will appeal sentence that forces them to pay 14 billion pesos

The legal dispute lasted more than 32 years, the plaintiff pointed out that the cancellation of the titles values ​​were given arbitrarily. Photo: Infobae Colombia Archive.

After the ruling of the Superior Court of Cundinamarca was known, which forced the Colombian State and Corficolombiana to indemnify Alejandro González Beltrán with 14 billion pesos for the cancellation of three fixed-term Certificate of Deposit (CDT) titles that had been issued by Corfivalle, today Corficolombiana, which were allegedly counterfeited, it was learned that the National Agency for Legal Defense of the State (ANDJE) and the company appealed the sentence.

On behalf of the State, César Méndez, director of National Defense of the Agency, explained, as quoted in Semana, that since it is a first instance ruling, it is up to the appeal, which will be presented in the coming days.

“From the moment we found out about this ruling we started actions, we met with the judicial branch to support them in the elaboration of a memorial through which they request the Court of Cundinamarca a review and correction of the bug. Not for the ruling to be revoked, but to raise some requests for clarification and correction,” the official explained.

Likewise, Méndez warned that in the ANDJE they found, when reviewing the sentence, some arithmetic errors that they would have made at the time of the interest liquidation, for which reason the court will be asked to correct them as well as clarify “where they come from interest rates being applied.”

For its part, Corporación Financiera Colombiana S.A. (Corficolombiana), through a statement published in the last few hours, warned that the ruling linked the company “despite not being or fulfilling the duties of a judge, and therefore therefore, not being a qualified subject to commit judicial error”, for which reason they consider that the ruling is an arbitrary decision, since, among other reasons, the principle of res judicata is unknown.

“Not only is it arbitrary because it reopens the debate that took place in the criminal process and in the civil process, ignoring the principle of res judicata and the legitimate decisions of judges and magistrates, but also, according to the calculations of the Secretariat of the Section of the Court (without foundation in any expert opinion), some non-existent CDT, whose supposed capital value was 175 million 500 thousand pesos ($175,500,000), inexplicably become 14 trillion pesos.”

< p class="paragraph">In the statement, the company also warns that it has “demonstrated the non-existence of the CDTs”, for which reason “a request for clarification and addition was filed on November 8 against the first instance ruling in which they are present manifest arithmetic errors as well as inexplicable financial calculations that led to the exorbitant sum”, noting that the Judicial Branch would also have filed “a document of clarification and addition”. Finally, the company warns that, just as the Colombian State will do, they will present the corresponding appeal before the Council of State.

Below you can consult the statement issued by Corficolombiana:

This is the story behind the billion-dollar sentence

It all starts in 1989, when the citizen Alejandro González Beltrán filed a complaint after they were canceled 3 Fixed-Term Certificates of Deposit (CDT) issued by Corfivalle, which is now Corficolombiana, which by then, each one, was for 58 million pesos. The problem began when González, upon claiming the money from the financial institution, was notified that they were cancelled because, according to the entity, they were counterfeit.

The value in pesos of the 3 CDTs corresponded to 175 million pesos, a figure that, after the unilateral cancellation of Corfivalle, the citizen stopped receiving. In addition to this annulment of his titles, Alejandro also had to take a process against him, since the financial center denounced him for falsifying a private document .

Since then, Alejandro undertook a legal fight to assert his innocence and the legal recognition of securities. Now, 33 years after the events took place and, after going through a long path in the courts for the process to reach the hands of the Superior Court of Cundinamarca, it was resolved to indemnify him and acquit him of the crime that was foisted on him in last century.

According to the president of the Cundinamarca Administrative Court, Rodrigo Mazabel, entities issuing securities cannot unilaterally annul their validity. Nor can the responsibility of the judges who intervene in this type of case be ignored, according to the words he gave to CM& Newscast.

“The court analyzes the responsibility of the financial entity and the judicial branch because; On the one hand, it clearly establishes that the financial corporation cannot unilaterally impose stamps or annul the securities, on the other hand, there is also the responsibility of the judges when we can make mistakes and despite the resources and exhausting the extraordinary remittances, it can be considered a wrong decision ”, Rodrigo Mazabel maintained, to the aforementioned outlet.

The high court verified that mistakes were made, first in Corficololmbiana and then in the Judicial Branch, because as evidence, it was corroborated that the three CDT's had the issuance signature of the bank, therefore, in the legal statutes the documents are legal, valid and legitimate.

The striking thing about the sentence It is the figure that was recognized to the citizen as compensation. The Superior Court of Cundinamarca sentenced the Judicial Branch and Corficolombiana to repair Alejandro with a sum of more than 14 billion pesos..

With this sentence, Rodrigo Mazable, I assure you that reflection is expected on the part of financial institutions and the role played by judges in the rulings that are issued.

“It is a very big condemnation and one that invites reflection on the role of financial corporations as well as the role of judges and responsibility in the administration of justice”, added Rodrigo Mazabel.

To reach the sentence that contemplates the payment of this money, the high court considered interest on arrears in the elapsed time and other financial variables.

In the ruling issued, responsibility is recognized in this case both Corficolombiana, as well as the Judicial Branch and the Superior Council of the Judiciary ra.