34
As of September 1992, the pension was reduced by approximately 75%, to the sum
of S.504.00 (five hundred and four soles), without any prior notice or procedure97.
89(q) On October 6, 1992, Mr. Álvarez Hernández filed an application for amparo
against the SBS98. On January 6, 1993, the Eleventh Civil Court of Lima declared
this application for amparo inadmissible99. On November 12, 1993, the First Civil
Chamber of the Superior Court of Lima revoked the preceding decision and declared
An appeal for annulment was filed against the
the application admissible100.
previous judgment and, on September 19, 1994, the Constitutional and Social Law
Chamber of the Supreme Court of Justice decided that the said judgment should not
be annulled, and “declare[d] that the application for amparo filed by Guillermo
Álvarez Hernández against the Superintendency of Banks and Insurance was
admissible; consequently, [it ordered] that the defendant entity pay the plaintiff the
entire amount of the pension established in administrative decision SBS No.
22884”101. At the stage of execution of judgment, the Nineteenth Civil Court of Lima
issued a decision on December 19, 1994, in which “it order[ed] the Superintendency
of Banks and Insurance and the Ministry of Economy and Finance to comply with the
provisions of the Supreme Judgment of September 19, 1994, and to pay the
pensioner, Guillermo Álvarez Hernández, the monthly pension that he was receiving,
and also to make the corresponding repayment of the amounts he had failed to
receive”102.
89(r) On May 4, 1995, by administrative decision No. 331-95, the SBS decided “[i]n
compliance with the provisions of the Supreme Judgment of September 19, 1994,
96
Cf. SBS June 1992 payroll, with regard to Guillermo Álvarez Hernández (file of appendices to
the application, appendix 29, folio 151).
97
Cf. testimony provided to the Court by Guillermo Álvarez Hernández on September 3, 2002;
SBS September 1992 payroll, with regard to Guillermo Álvarez Hernández (file of appendices to the
application, appendix 33, folio 156); and application for amparo of October 6, 1992, filed by Guillermo
Álvarez Hernández before the lower civil court judge (file on merits and possible reparations, tome II,
appendix 8 of the brief answering the application, folios 362 to 371).
98
Cf. application for amparo of October 6, 1992, filed by Guillermo Álvarez Hernández before
the lower civil court judge (file on merits and possible reparations, tome II, appendix 8 of the brief
answering the application, folios 362 to 371).
99
Cf. decision of the Eleventh Civil Court of Lima delivered on January 6, 1993, regarding the
application for amparo filed by Guillermo Álvarez Hernández (file of appendices to the application,
appendix 39, folios 166 to 168).
100
Cf. decision of the First Civil Chamber of the Superior Court of Lima delivered on November
12, 1993, regarding the application for amparo filed by Guillermo Álvarez Hernández (file of appendices
to the application, appendix 40, folios 169 and 170).
101
Cf. judgment of the Constitutional and Social Law Chamber of the Supreme Court of Justice
delivered on September 19, 1994, published in the Official Gazette El Peruano on July 25, 1995,
regarding the application for amparo filed by Guillermo Álvarez Hernández (file of appendices to the
application, appendix 41, folio 172).
102
Cf. infra note 103.
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