CLP 700,000,000 on May 10, 2007.309 Several updated debt assessments were submitted, and
the most recent, dated May 6, 2019, showed a total of CLP 5,884,635,933 outstanding.310
B.11. Process of Agurto Chein Juisan et al v. the Municipality of Cauquenes,
Docket No. 63-1993
114. The representative of teacher Elena Agurto Chein Juisan filed a motion on December 9,
1994, for accessory execution311 of the judgment handed down by the Talca Court of Appeals on
August 30, 1993, admitting on appeal the claim lodged against the municipality of Cauquenes,
by which it had been ordered to pay the special non-taxable allowance established in 1981 under
Article 40 of decree-law 3,551.312 The plaintiffs filed a motion on July 26, 1995, for the court to
order attachment of the assets of the municipality of Cauquenes.313 An item of industrial
equipment belonging to the municipality was seized on August 29, 1995.314
115. A mayoral executive order for payment was requested on December 1, 2004.315 The
municipality objected to the admonition, claiming that “the municipality has a very tight overall
budget, […] and therefore (also in consideration of its high debt burden) is not in a position to
pay the amounts in this case […].”316 The court of Cauquenes, under a decision dated December
12, 2005, required the mayor of Cauquenes to issue a payment order within thirty days.317 The
municipality of Cauquenes issued Mayoral Executive Order No. 310 on June 9, 2006, for execution
of the judgment. The executive order also stated, however, “the municipality does not have the
funds necessary to make payment of such a large sum of money […].”318
116. The municipality submitted a report on April 19, 2007, claiming that it was “absolutely
impossible to execute the judgment in question, as the very large sum to be paid outweighs all
good intentions or potential solutions available.”319 It lodged an additional report on November
26, 2007, arguing that it was in talks with the president of the Chamber of Deputies to develop a
proposal for submission to the central government to provide the funds necessary to pay the
309
Cf. Certification issued by the Court of First Instance of Vallenar, May 10, 2007 (evidence file, folio 14386).
310
Cf. Assessment submitted to the registrar of the Court of First Instance of Vallenar, May 6, 2019 (evidence
file, folio 14560).
311
Cf. Brief filed by Humberto Franzani on behalf of the plaintiffs before the Court of First Instance of Cauquenes,
December 9, 1994 (evidence file, folio 14964).
312
Cf. Order by the Talca Court of Appeals, August 30, 1993 (evidence file, folio 14960 to 14962).
313
Cf. Brief filed by Humberto Franzani on behalf of the plaintiffs before the Court of First Instance of Cauquenes,
July 26, 1995 (evidence file, folio 14966 and 14967).
314
Cf. Record of seizure, August 29, 1995 (evidence file, folio 14969).
315
Cf. Brief filed by José Seda Navarrete on behalf of the plaintiffs before the Court of First Instance of Cauquenes,
December 1, 2004 (evidence file, folio 14970).
316
Brief filed by Guillermo Badilla Eulufi on behalf of the municipality of Cauquenes before the Court of First
Instance of Cauquenes on a date uncertain (evidence file, folio 14973).
317
Cf. Order by the Court of First Instance of Cauquenes, December 12, 2005 (evidence file, folios 14975 to
14976).
318
Mayoral Executive Order No. 310 issued by the municipality of Cauquenes, June 9, 2006 (evidence file, folio
14978).
319
Report by the mayor of the municipality of Cauquenes, April 18, 2007 (evidence file, folio 14984).
41
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