18
ruling of the Constitutional and Social Law Chamber of the Supreme Court of
Justice of May 5, 2000, and declared the action for amparo admissible and
consequently, that the ruling of the Transitional Corporative Public Law Chamber
of the Superior Court of Justice of Lima of February 12, 1999, was nonenforceable. The Constitutional Court also ordered “that the case be returned to
the stage of execution of judgment for the respective judicial organ to comply
immediately and unconditionally with the mandate resulting from the
Constitutional Court’s judgment of [October 21, 1997].”32
49.
By means of administrative Order N° 022-2001-CG/B190 of March 29,
2001, the CGR decided to “approve the ratification of the [alleged victims’
pensions] in relation to their active personnel at their different levels”33 and the
MEF National Budget Directorate authorized the payment of the respective
adjusted pensions as of November 200234, which were maintained until December
200435.
Regarding the reimbursement of the pensions owed and unpaid from
50.
April 1993 to October 2002, the alleged victims initiated a proceeding to enforce
the judgment after the ruling rendered on January 26, 2001 by the Constitutional
Court. In said proceeding, by means of Order N° 63 of January 24, 2005, the 4°
Specialized Civil Trial Court ordered “the respondent entities to make the
payment of the pensions owed to the plaintiff Association in accordance with [Acts
N° 27.584 and 27.684].”36
32
Judgment of the Constitutional Court of Perú of January 26, 2001 (Records of Appendixes to
the application, Appendix 4.7, volumen 6, pages 1719-1722).
33
Administrative Order N° 022-2001-CG/190 of March 29, 2001 (Records of Appendixes to the
application, Appendix N° 4.8, volume 6, pages 1724-1729).
34
Cf. Report Nº 237-2004-EF/76.14, Ministry of Economy and Finance, National Budget
Directorate, October 21, 2004 (record of Appendixes to the application, Appendix 1.24, Volume 2,
page 412).
35
Cf. Act 28.389, published in the Official Gazette “El Perúano” on November 17, 2004 and Act
28.449, published on December 30, 2004 (record of appendixes to the application, Appendix 2.8,
Volume 2, pages 598 to 601).
36
Article 42 "Enforcement of Obligations to provide money payments" of Law 27584 (Law
governing the administrative-contentious proceeding) was modified by Article 1º of Law 27684 (Law
modifying Articles of Law 27584 and creating a special commission in charge of evaluating the
servicing of debts of budget specifications), which provides:
Article 42º of Law 27584, promulgated on November 22, 2001 is replaced as follows:
“Article 42º. - Enforcement of obligations to provide money payments
Judgments having the force of res judicata, according to which payment of sums of money
were ordered ,shall be only and exclusively settled by a Budget Bidding Document in which
the debt was originated, under the responsibility of the Person presenting the Budget Bidding
Document and compliance therewith shall be according to the following procedures:
42.1
The Public Administration Office or the office serving as Budget Bidding Document so
required shall proceed according to its judicial mandate and within the framework of
annual budget laws.
42.2
In the case that, for compliance with the judgment, the financing ordered in the
above mentioned numeral is insufficient, the Person presenting the Budget Bidding
Document, prior evaluation and prioritization of the budget goals, may carry out the
budget modifications within the term of fifteen days as of notice thereof, and shall
communicate it to the corresponding court.
42.3
Should there be requirements exceeding the financing possibilities expressed in the
above mentioned numerals, the budget bidding documents, under the responsibility
of the Person submitting them, by means of a written communication of the Public
Administration Office, shall inform the court of its commitment to service the debit
of such judgment within the following budget year, for which it undertakes to
allocate up to three per cent (3%) of the budget al.location corresponding to the
bidding document for the source of ordinary resources. The Ministry of Economy and
Finance and the Social Security Administration, where applicable, shall calculate the
three per cent (3%) referred to above by deducing the value corresponding to the
allocation for the payment of the service of the public debt, the contingency reserves
and the social security obligations.