20
issued a resolution on July 30, 1996, summoning the Pension Standardization Office (hereinafter
“ONP”) to the proceeding,76 since according to that law the ONP was the entity responsible for
defending the State’s interests in all judicial proceedings concerning pension rights.
71. The ONP attended the hearing on August 15, 1996,77 and presented a brief containing a
disclaimer, which stated that Mr. Muelle Flores’ reincorporation into the pension system of Decree
Law No. 20530 was inadmissible, because he did not comply with various legal requirements.78
72.
On September 2, 1996, the Contentious-Administrative Chamber (Sala Contencioso
Administrativo) of the Superior Court of Lima confirmed the judgment of the lower court.79
73. Mr. Muelle Flores then filed an appeal for the annulment of the decision of the ContentiousAdministrative Chamber. The appeal was decided by the Supreme Court on October 29, 1997, which
annulled the decision, considering the complaint by Tintaya S.A. without merit. In its decision, the
Supreme Court agreed with the reasons given in the opinion of the Prosecutor General’s Office,80 and
declared that Mr. Muelle Flores’ reincorporation into the pension system of Decree Law No. 20530
was lawful.
74. The Supreme Court judgment and the prosecutor’s opinion pointed out that Mr. Muelle Flores’
reinstatement in the State pension regime complied with the requirements of Decree Law No. 20530.
Both stated that although Article 14(b) precluded the accumulation of periods of public service under
differing labor regimes, it was also true that the Fifth Transitory Provision of that law, together with
Law No. 25273 of July 6, 1990, established exceptions to Article 14(b) of that Decree, which were
applicable to Mr. Muelle Flores’ case based on the principle of benign retroactivity of laws. Therefore,
the repeal of Law No. 25273 in no way impaired Mr. Muelle’s acquired right.81
75. Mr. Muelle Flores forwarded several notarized letters to the ONP in order to obtain compliance
with the judgment of October 29, 1997, in the administrative action filed by the company Tintaya
S.A.82 On November 27, 1998, the ONP sent a communication to that company, which had already
Peruano. Some articles of this law were declared unconstitutional by the Constitutional Court in the Judgment of April 23,
1997, Case File No. 008-96-I/TC. See also, Affidavit rendered by César José Gonzáles Hunt on August 24, 2018 (evidence
file, folio 1853 to 1855).
76
Cf. Resolution of the Administrative Chamber of the Superior Court of Lima of July 30, 1996 (evidence file, folio 417).
77
Cf. Notification of the resolution issued by the Administrative Chamber of the Superior Court of Lima of August 15,
1996 (evidence file, folio 418).
78
Cf. Brief of the Pension Standardization Office (ONP) presented before the Administrative Chamber of the Superior
Court of Lima on September 24, 1996 (evidence file, folio 4).
79
Cf. Opinion issued by the Office of the Public Prosecutor for Administrative Matters of the Attorney General’s Office
before the Constitutional and Social Chamber of the Supreme Court of Justice on August 22, 1997 (evidence file, folio 10) and
Judgment of the Constitutional and Social Chamber of the Supreme Court of Justice of October 29, 1997 (evidence file, folio
387).
80
Cf. Opinion issued by the Office of the Public Prosecutor for Administrative Matters of the Attorney General’s Office
before the Constitutional and Social Chamber of the Supreme Court on August 22, 1997 (evidence file, folios 10 to 11).
81
Cf. Opinion issued by the Office of the Public Prosecutor for Administrative Matters of the Attorney General’s Office
before the Constitutional and Social Chamber of the Supreme Court of Justice on August 22, 1997 (evidence file, folios 10 a
11) and Judgment of the Constitutional and Social Chamber of the Supreme Court of October 29, 1997 (evidence file, folio
387).
82
Cf. Notarized letter of October 30, 1998, forwarded by Oscar Muelle Flores to the Pension Standardization Office
(evidence file, folios 344 to 346), and letters issued by the Pension Standardization Office of November 27 and December 7,
1998, with reference to the notarized letters of October 30, November 4 and 17, 1998 forwarded by Oscar Muelle Flores to
the ONP (evidence file, folios 259 to 260).