would not constitute an obstacle in the execution of the judgment that gave rise to the
original amparo action33.
43.
On August 25, 2000, the Chamber of Social and Constitutional Law of the Supreme Court of
Justice of Peru issued a resolution confirming the first instance court decision34. The Chamber stated that “the
judgment issued in the amparo action process is limited to (…) the right to adjustment, but not the payment of
the obligation itself.”35 It added that “the settlement has to be effected on a case by case basis, in favor of each
of the discharged and retired individuals, and it has to be dealt with before the pertinent administrative
entity.”36
44.
On May 10, 2001, the Constitutional Court issued a judgment in connection with the
extraordinary recourse submitted by ANCEJUB-SUNAT on August 25, 200037. The Constitutional Court
decided to revoke said resolution, and declared that the resolution issued by the Court Specializing in Social
Security Matters on January 21, 1997 was valid and in force38. The Constitutional Court explained the
following:
(…) no authority can nullify or abolish the effect of a resolution that has already been passed
as a final decision, nor can they stop procedures that have already been initiated, or modify
judgments or defer their execution; this is not being observed when [the Chamber of Social
and Constitutional Law of the Supreme Court of Justice of Peru], through its resolutions
contested on record, intends to nullify the resolution issued by the Court Specializing in
Social Security Matters on January [21] [1997], which, in strict compliance with procedural
rules, orders the final supreme order dated October [25] [1993] to be complied with (…)
[The] final judgment giving rise to a guarantee action is a final resolution with the immutable
force of res judicata; and in virtue of that, it has to be enforced in the terms contained in the
resolution.”39
45.
On March 25, 2002, the Sixth Civil Chamber of the Superior Court of Lima requested the 63rd
Court Specializing in Civil Law of Lima to comply with the order issued by the Constitutional Court in its
resolution dated May 10, 200140. On April 11, 2002, the Court “reinstated the case to the execution state
ordering compliance with the final supreme order issued on October 25, 1993”41. It also urged the SUNAT and
the MEF to abide by the resolution issued on May 10, 200142.
33 Judgment N°588-2000-MMP-FN-FSCA from the Supreme Attorney for the Administrative Jurisdiction dated April 6, 2000
(Attached to the petitioners’ writ dated June 30, 2003).
34 Resolution issued by the Constitutional and Social Law Chamber of the Supreme Court of Peru on August 25, 2000 (Attached
to the petitioners’ writ dated June 30, 2003).
35 Resolution issued by the Constitutional and Social Law Chamber of the Supreme Court of Peru on August 25, 2000 (Attached
to the petitioners’ writ dated June 30, 2003).
36 Resolution issued by the Constitutional and Social Law Chamber of the Supreme Court of Peru on August 25, 2000 (Attached
to the petitioners’ writ dated June 30, 2003).
37
Judgment issued by the Constitutional Court on May 10, 2001 (Attached to the petitioners’ writ dated June 30, 2003).
38
Judgment issued by the Constitutional Court on May 10, 2001 (Attached to the petitioners’ writ dated June 30, 2003).
39
Judgment issued by the Constitutional Court on May 10, 2001 (Attached to the petitioners’ writ dated June 30, 2003).
Request made by the Sixth Civil Chamber of the Superior Court of Lima on March 25, 2002 (Attached to the petitioners’ writ
dated June 30, 2003).
40
41 Resolution issued by the 63rd Court Specializing in Civil Law of Lima on April 11, 2002 (Attached to the petitioners’ writ
dated June 30, 2003).
42 Resolution issued by the 63rd Court Specializing in Civil Law of Lima on April 11, 2002 (Attached to the petitioners’ writ
dated June 30, 2003).
8