Torres et al. v. the Municipality of Parral, Docket No. 4,274-1993, when the plaintiffs requested
attachment of several municipal vehicles, their petition was denied with the argument that the
vehicles were designated for use in the operation of municipal services.401 Finally, of the thirteen
procedures at hand, the case file shows that items were successfully attached and sold at auction
in only three cases,402 and these auctions produced enough to provide only partial payment of
the amounts owed, showing that the measure was ineffective.
B.2.3.4. Payment plans
164. The parties to six of the processes403 contracted partial payment plans. This option,
however, cannot be considered an effective measure for enforcement of the judgment, as it
depends on the good will of the defendant. In the event of noncompliance, case law is itself
contradictory, as the court hearing the case against the municipality of Chañaral agreed to review
the agreement and declared it null and void,404 while the court in the cases against the
municipality of Parral refused to take measures regarding non-compliance with the agreement.405
The inconsistent case law exacerbated the ineffectiveness of the contracted payment plans, as
there was no legal certainty that the debtor might face legal consequences in case of nonpayment, nor were clear mechanisms available to ensure enforcement of them.
B.2.3.5. The absence of legal and material mechanisms for obliging the State
to meet the municipalities’ debts
165. The chief obstacle to executing convictions against municipalities lies in the difficulty for
them to find sufficient funds to pay large sums of money, as in this particular case. Indeed, the
national Constitution defines the municipalities as autonomous public law corporations with their
own legal status and assets.406 Furthermore, Article 122 grants them autonomy to manage their
finances and defines three sources of municipal revenue: provisions established in the budget
law, enactment of other laws, and creation by law of an instrument for solidarity-based
redistribution of revenue.407
401
Cf. Order by the Parral Court of Appeals, May 14, 1997 in the framework of the process Bayer Torres et al. v.
the Municipality of Parral, Docket No. 4,274-1993 (evidence file,, folio 17790 and 17791).
402
Municipal assets were successfully auctioned in the processes of Bustamante Sánchez et al. v. the Municipality
of Parral, Docket No. 4,071-1992 (evidence file, folio 17382; Salazar Aravena et al. v. the Municipality of Parral,
Docket No. 4,096-1992 (evidence file, folio 17600) and Ramírez Ortíz et al. v. the Municipality of Vallenar, Docket
No. 4443-1993 (evidence file, folios 13825 to 13836 and 14030 to 14039).
403
Cf. Benavides Montaña et al. v. the Municipality of Chañaral, Docket No. 18,629-1994 (evidence file, folios
956 to 961 and 2198 a 2199); Bayer Torres et al. v. the Municipality of Parral, Docket No. 4,274-1993 (evidence file,
folios 17796 to 17801; Bustamante Sánchez et al. v. the Municipality of Parral, Docket No. 4,071-1992 (evidence
file, folios 17397 to 17402; Belmar Montero et al. v. the Municipality of Parral, Docket No. 4,051-1992 (evidence file,
folios 17200 to 17204; Salazar Aravena et al. v. the Municipality of Parral, Docket No. 4,096-1992 (evidence file,
folios 17617 to 17621) and (6) Ramírez Ortiz et al. v. the Municipality of Vallenar, Docket No. 4,443-1993 (evidence
file, folios 14377 to 14379).
404
Cf. Order by the Copiapó Court of Appeals, April 22, 2003, in the framework of the process Benavides Montaña
et al. v. the Municipality of Chañaral, Docket No. 18,629-1094 (evidence file, folios 1094 and 1095).
405
Cf. Order by the Talca Court of Appeals, March 18, 2009, in the framework of the process Bayer Torres et al.
v. the Municipality of Parral, Docket No. 4,274-1933 (evidence file, folio 17872).
406
Cf. Article 118 of the Constitution of the Republic of Chile, 1980, text consolidated by Executive Order 100,
September 22, 2005 (evidence file, folio 10257).
407
Cf. Article 122 of the Constitution of the Republic of Chile, 1980, text consolidated by Executive Order 100,
September 22, 2005 (evidence file, folios 10258 and 10259).
57
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