Título Dos Capítulo Dos. Competencia

It is for the Constitutional Court to hear in sole instance in its capacity as Extraordinary Tribunal of constitutional relief (amparo), in constitutional relief (amparo) actions filed against the Congress of the Republic, the Supreme Court of Justice, the President and the Vice President of the Republic.

The Supreme Court of Justice shall hear amparo actions against:

a)The Supreme Electoral Tribunal;

b)The Ministers of State or Vice-Ministers when acting as Officers in Charge of the Ministry;

c)The Chambers of the Court of Appeals, Courts-Martial, Second-Instance Tribunals of Accounts and of Contentious-Administrative Matters;

d)The Attorney General;

e)The Human Rights Ombudsman;

f)The Monetary Board;

g)Guatemalan Ambassadors or Heads of Diplomatic Mission accredited abroad;

h)The National Council for Urban and Rural Development.

The Chambers of the Court of Appeals of the ordinary jurisdiction, in their respective jurisdictions, shall hear the amparos filed against:

a)The Vice Ministers of State and the General Directors;

b)The judicial public officials of any forum or branch who hear in first instance;

c)The Mayors and Municipal Corporations of the departmental capitals;

d)The Head of the General Comptrollership of Accounts;

e)The managers, heads or presidents of the decentralized or autonomous entities of the State or their governing bodies, councils or governing boards of any kind;

f)The General Director of the Register of Citizens;

g)The general assemblies and boards of directors of the professional associations;

h)The general assemblies and directing bodies of the political parties;

i)The consuls or persons in charge of Guatemalan consulates abroad;

j)The regional or departmental urban and rural development councils and the governors.

First-instance judges of the ordinary jurisdiction, in their respective jurisdictions, shall hear amparo actions filed against:

a)Revenue administrators;

b)Minor judges;

c)Police chiefs and other police employees;

d)Mayors and municipal corporations not covered in the preceding article;

e)Other public officials, authorities and employees of any jurisdiction or branch not specified in the preceding articles;

f)Private-law entities.

The jurisdiction established in the preceding articles applies when constitutional relief (amparo) is filed against any of the individual members of the aforementioned bodies and entities, provided they act in the performance of their functions or by delegation thereof.

When jurisdiction is not clearly established, the Constitutional Court shall determine, without forming a separate proceeding, the tribunal that must hear the case. In this case, the tribunal before which constitutional relief (amparo) has been brought, if it doubts its jurisdiction, on its own initiative or at the request of a party, shall address the Constitutional Court within the four hours following the filing, indicating the challenged authority and the doubt as to the jurisdiction of that tribunal. The Constitutional Court shall decide within twenty-four hours and shall communicate what was decided by the fastest means.

Proceedings conducted by the original tribunal shall retain their validity.

Notwithstanding the provisions of the preceding articles, the Constitutional Court may modify the jurisdiction of the various tribunals by general order, which it shall communicate by circular official letter, and shall further order its publication in the Diario Oficial.

The jurisdiction established in Article 11 of this law may not be modified.

When the tribunal before which constitutional relief (amparo) is sought has a legal impediment or ground for excusal, after granting the suspension of the challenged act, decision or procedure, if applicable, it shall issue a reasoned order stating the cause and shall immediately transfer the case file to the one of equal category nearest in the ordinary jurisdiction. If it concerns the members of a collegiate tribunal, the suspension of the act shall be ordered, where applicable, and alternates shall be immediately called so that the tribunal is constituted at the same hearing at which the constitutional relief (amparo) is filed.

Notwithstanding the rules established on jurisdiction, the constitutional relief (amparo) shall be admitted by the tribunal before which it was filed and without delay it shall refer it to the competent tribunal.

If in a department of the Republic there should be more than one competent tribunal, the one that takes cognizance by prevention shall carry out the total processing of the constitutional relief (amparo).