CIVIL COURT Nº 10.

0751-2013
Sigsig, April 10, 2014, at 10:50 a.m. According to the provisions of Article 37 of the Law for the
Protection of Children and Adolescents, published in Official Gazette No. 643, on July 28,
2009. FIRST - It has been verified that the basic guarantees of due process have been complied
with and that the proceedings have been carried out following the provisions of the Law for the
Protection of Children and Adolescents, and therefore the trial is declared valid. SECOND - The
lawsuit for the RECOGNITION OF PATERNITY and the SETTING OF AN ALIMONY has
been proposed by LOJA BUENO MARIA LEONOR, against MIGUITAMA GUARTATANGA
ROMA MAURICIO, which requires the defendant to recognize and set alimony in favor of the
child HEYDI MARJORIE LOJA BUENO. THIRD - The defendant appears at trial and
authorizes his defense, as recorded in sheet No. 10. FOURTH - As recorded in the file, the
hearing is held on April 10, 2014, at 10:00 a.m. as provided for in the order issued on March 27,
2014, at 2:09 p.m. In compliance with the aforementioned legal rule, the undersigned has called
the parties to seek an agreement, which has not been possible due to the existence of conflicting
interests. After giving the floor to the attorney of the defending party, who, answering the claim,
deduced the following exceptions. 1. - That the plaintiff's claims are excessively exaggerated due
to my current economic situation since as has been demonstrated, I have other family
responsibilities and therefore I cannot comply with the amounts requested; 2. - That it should be
considered that the plaintiff thinks that my income is greater than what I have, something that the
Judge should consider when setting the alimony. FIFTH: EVIDENCE. - After giving the floor
to the plaintiff through her attorney, and after showing all the judicial decrees that were favorable
to her and contesting all those that were not favorable to her, she proceeds to show the following
documents to justify her claims: Documentary Evidence: 1.- Birth certificate of the child on
sheet No. 1; 2.- Copy of the identity card of the plaintiff on sheet No. 2;3.- Report of the expert
concerning the DNA test which the defendant has not taken on sheet 19; 4.- Judicial Confession
of the defendant, who legally sworn answers to the following questions: 1.- What is your
occupation? The defendant answers that he is currently unemployed; 2.- Is it true that you own a
vehicle? The defendant answers that it is true; 3.- Is it true that in the photographs it is shown
that you own the aforementioned vehicle? The defendant answers that it is true; 4. - Do you
acknowledge that you own a shed? The defendant answers that it is true; 5.- Is it true that you
sell chickens in Bullcay and San Bartolomé? The defendant answers that it is true; 6. - Is it true
that you have a piece of land in the community known as Barrio Blanco, where you have a
house? The defendant answers that it is true; 7.- Is it true that an expense of 150 dollars a month
is needed to cover the needs of the minors such as health, food, and education? The defendant
answers that he does not know the answer; 8. - How much money do you give to your wife to
support your children? The defendant responds that it is $150; 9. - Is it true that you have not
been helping to support your daughter? The defendant answers that it is true, but that he has been
helping with what he can; 10. - Is it true that your current job earns you more than $900? The
defendant answers that it is not true; 11. - How much money do you spend on your expenses?
The defendant says around $150. The Judge asks the defendant why he has gone bankrupt, to
which the defendant answers that he has indeed gone bankrupt, but that for the last few months
he has been trying to raise chickens again thanks to loans from banks and relatives. Next, the
defendant party shows the following evidence in defense of its claim: Documentary Evidence. -
Four birth certificates of the minors who are under his care and protection; Testimonial
Evidence: Judicial Confession of the plaintiff, which after being legally sworn, responds to the
following questions: 1.- What is your occupation? The plaintiff answers that she raises chickens
and weaves Toquilla hats; 2. Is it true that you earn about $120 for these activities? The plaintiff
answers that it is true; 3.- Is it true that you live with your parents? The plaintiff says that it is
true; 4. - Is it true that you do not pay rent or for basic services such as electricity and drinking
water? The plaintiff answers that she does. The parties are then granted the right to present their
pleadings under the Law; SIXTH: EVALUATION OF THE EVIDENCE. - Under Article 114 of
the Code of Civil Procedures, each party is obliged to substantiate the facts it alleges. And, the
undersigned Judge must express the valuation of all the evidence provided under Article 115 of
the Code of Civil Procedures. The parameters stipulated in Article 76, numeral 7 concerning
Article 11, numeral 2 of the Constitution of the Republic regarding the procedural defense have
been considered. According to the provisions of Article 76, numeral 7, paragraph 1 of the
Constitution of the Republic, the present resolution must be legally motivated; After following
the corresponding legal process, the Judge starts with the following analysis: a) The paternity test
is ordered, through the DNA study, and attached to said process the sheet No. 19 where it is
shown that the defendant did not appear to said test. In accordance with the amendment to the
Law for the Protection of Children and Adolescents published on July 28, 2009, article 10 states:
a) In case the defendant refuses to be DNA tested, filiation or kinship relationship will be
presumed; b) Only in case the result of the DNA test is positive, the judge is empowered to
declare paternity or maternity and arrange the respective registration of the resolution in the Civil
Registry; c) In case the defendant refuses to take the test because he/she does not have enough
money to pay for it, the Ministry of Health, through the Genetic Investigation Unit will perform
it free of charge. . It will be admitted the proof that the presumed father, mother or blood relative
obliged to take the DNA test does not have sufficient resources, as well as the procedural costs
and the expenses of the technical study, in the case that the technical office proves paternity.
According to the reforms of the Law for the Protection of Children and Adolescents, the refusal
to undergo the biological studies has the purpose of preventing the paternity to be proved, and
that is an indication against the refuser, that is why article 10 says that in the case that the
defendant refuses to undergo the scientific DNA tests, it will be presumed de facto the kinship,
which must be resolved at the time of sentencing. Since the defendant did not use his right to
deny the presumption of paternity nor that he based his refusal on the lack of resources, then he
demonstrates his refusal to take the DNA test. a) In view of the above, since the paternity of the
defendant is presumed with respect to the aforementioned minor, we will proceed as if the result
were positive, in application of the Law and in order to comply with article 45 of our
Constitution which guarantees the right to identity, to a name and to have a family, which is
related to article 7 of the Convention on the Rights of the Child, rights that must be applied
following the principles contained in numbers 3 and 5 of article 11 of our Constitution; b) That
as mandated by our Constitution in articles 44 and 69, it is the obligation of all Ecuadorians to
promote as a priority the integral development of children and adolescents and ensure the
exercise of their rights, which prevail over the rights of other persons; that we must promote and
encourage with positive actions a responsible motherhood and fatherhood, both the mother and
the father are obliged to care, raise, educate, feed, develop and protect the rights of their children,
particularly when they are separated from them for any reason. That, concerning the right to
food, according to article 2 of the reform to the Law for the Protection of Children and
Adolescents, this is connatural to the relationship between parent and child and is related to the
right to life, survival, and dignified life. It implies the guarantee of providing the necessary
resources for the satisfaction of the basic needs of the children, among which include: nutritious,
balanced, and sufficient food, comprehensive health, medical care and provision of medicine,
education, adequate clothing, safe, hygienic, and equipped with basic services housing,
transportation, culture, recreation, and sports. And if the infant has a temporary or definitive
disability, rehabilitation, and technical aids will also be provided; c) With the judicial confession
given by the defendant, it is proven that he is working and therefore dedicated to the sale of
chickens; and that he also reactivated his business more than 4 months ago; it is known by this
same means of evidence that he has a truck and land on which he has a house, which he lives in;
that he has also received loans from financial institutions to reactivate his business, from which it
is deduced that the defendant has a work activity that generates income and that allows him to
maintain and conserve his assets and therefore have the capacity of indebtedness, of course,
without disregarding the 4 additional charges that the defendant has fully justified in sheets
13,14,15 and 16. Without further analysis to do, Judge number 10 of the Civil Court of the Sigsig
canton, "ADMISNISTRATING JUSTICE IN THE NAME OF THE SOVEREIGN PEOPLE OF
ECUADOR, OF THE CONSTITUTION AND THE LAWS OF THE REPUBLIC" declares that
Mr. MIGUITAMA GUARTATANGA ROMAN MAURICIO is the FATHER of the child
HEYDI MARJORIE MIGUITAMA LOJA. Which must be written in the marginal notes of the
birth certificate of the child that is registered in the canton Cuenca, volume 4C, page 397 and act
1597, corresponding to the year 2006. Once this sentence is executed, notify the Provincial Chief
of the Civil Registry of Azuay, Cuenca, to proceed to write in the marginal notes of the
respective certificate that the father of the minor HEYDI MARJORIE MIGUITAMA LOJA is
Mr. MIGUITAMA GUARTATANGA ROMAN MAURICIO, Ecuadorian. Said diligence will
be fulfilled employing an exhortation to one of the judges of the Judicial Office of the Family,
Women, Childhood, and Adolescence of Cuenca. At this moment the secretary will provide
copies of the required documents to carry out the pertinent processes. The requested Judge is
offered reciprocity in similar cases. Concerning child support, the Respondent will pay the
amount of $70 per month, plus the benefits granted by law from the filing of the lawsuit. The
child support will be paid in advance and within the first five days of each month. In addition,
the support will be deposited in the savings or checking account that the plaintiff accredits, under
the provisions of article 19.

MR. JORGE GARATE ANDRADE

JUDGE NUMBER 10 OF THE CIVIL COURT OF AZUAY-SIGSIG

In Sigsig, on Thursday, April 10, 2014, as of 4:50 p.m., I notified through judicial ballots
containing the above judicial decree to LOJA BUENO LUISA LEONOR at P.O. Box No.47, at
email marcetacuri@hotmail.com belonging to attorney TACURI CARREÑO JHADIRA
MARCELA, to MIGUITAMA GUARTATANGA ROMAN MAURICIO at P.O. Box No. 2 and
at email dr.edgarsegovia@gmail.com belonging to attorney SEGOVIA PESANTEZ EDGAR
VICENTE.