68. The plaintiffs petitioned the court on December 7, 2004, to order the defendant municipality
to execute the judgment by issuing a mayoral executive order.97 The case file shows no evidence
of a response to this petition. The case file was in the hands of the Santiago Court of Appeals
from that date until January 23, 2008, and subsequently, in the Supreme Court as part of the
examination of the process undertaken by the municipality of Chanco against the national
treasury.98 The plaintiffs submitted a new brief in February, 2009, asking for the court to order
the mayor to report on measures taken to execute judgment.99 They reiterated this petition on
July 21, 2010.100
69. The Court of First Instance of Chanco delivered report 207-2010 on July 23, 2010, giving
the mayor of Chanco a term of no more than ten days to report on measures being taken to
execute the verdict.101 The case file shows no evidence of a response to this order by the
municipality. The plaintiffs submitted an accounting report on the status of the debt on July 28,
2014, setting the figure at CLP 786,940,959.102 The defendant was served notice of this
assessment on September 1, 2014.103
70. The municipality filed a brief on September 4, 2014, asking for a declaration of
abandonment of the lawsuit.104 The court of Chanco responded to the municipality’s request on
October 9, 2014, considering that “this process has culminated in a final, executed, appealable
verdict, in which the procedure of accessory execution of judgment was not undertaken, and
therefore abandonment of the lawsuit is out of order.”105
B.3. Process of Abarza Farías et al. v. the Municipality of Chanco, Docket No.
217-1993
71. The representative of a group of teachers from the municipality of Chanco lodged a petition
on July 12, 1995106 with the Court of First Instance of Chanco, asking for accessory execution of
the verdict delivered by the same court on January 26, 1993107 and upheld under a September
97
Cf. Brief filed by José Seda Navarrete on behalf of the plaintiffs before the Court of First Instance of Chanco,
December 7, 2004 (evidence file, folio 16626).
98
Cf. Order by the Court of Chanco, January 23, 2008 (evidence file, folio 16646).
99
Cf. Brief filed by Giampero Fava Cohen on behalf of the plaintiffs before the Court of First Instance of Chanco
on an illegible date in February 2009 (evidence file, folio 16647).
100
Cf. Brief filed by José Seda Navarrete on behalf of the plaintiffs before the Court of First Instance of Chanco,
July 21, 2010 (evidence file, folio 16653).
101
Cf. Report 207-2010 issued by the Court of First Instance of Chanco on July 23, 2010 (evidence file, folio
16655).
102
Cf. Brief filed by Giampero Fava Cohen on behalf of the plaintiffs before the Court of First Instance of Chanco,
July 28, 2014 (evidence file, folio 16674 and 16675).
103
Cf. Record of notice served on September 1, 2004. by D. Cerda, Judicial Process Server (evidence file, folio
16679).
104
Cf. Brief filed by Luis Alfredo Belmar Flores, on behalf of the municipality of Chanco before the Court of First
Instance of Chanco, September 4, de 2014 (evidence file, folios 16685 and 16686).
105
Order by the Court of First Instance of Chanco, October 9, 2014 (evidence file, folio 16709 and 16710).
106
Cf. Brief filed by Humberto Franzani Soto on behalf of the plaintiffs before the Court of First Instance of
Chanco, July 12, 1995 (evidence file, folio 15309).
107
Cf. Verdict by the Court of First Instance of Chanco, June 26, 1993 (evidence file, folios 15230 to 15245).
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