debt.320 At the behest of the court, the municipality twice submitted new updates on the status
of negotiations and the impossibility of paying the debt, on August 14, 2008321 and on July 22,
2010.322 An updated assessment of the outstanding debt was added to the case file on July 8,
2014, setting the amount owed at CLP 39,111,322.323 The plaintiffs petitioned the court on
October 13, 2014, to request a report from the mayor of Cauquenes on measures taken to
execute the verdict.324 The mayor submitted another report on October 28, 2014, again stressing
the difficulty of obtaining enough money to pay the debts.325
B.12 Process of Barra Henríquez et al. v. the Municipality of Cauquenes, Docket
No. 123-1993
117. The representative of a group of teachers from the municipality of Cauquenes filed a motion
on February 22, 1996, for accessory execution326 of the January 18, 1995 judgment by the Court
of First Instance of Cauquenes by which the local municipality was found guilty of failing to pay
the special non-taxable allowance established in Article 40 of 1981 decree-law 3,551.327 A
mayoral executive order for payment was requested on December 1, 2004.328 The municipality
objected to the court’s order, arguing that it lacked the funds to pay the debt.329 The Court of
Cauquenes, under a decision dated December 12, 2005, required the mayor of Cauquenes to
issue a payment order within a term of thirty days.330 The municipality of Cauquenes issued
Mayoral Executive Order No. 311 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.”331
118. The mayor of the municipality of Cauquenes submitted multiple reports starting in 2006 in
response to admonitions by the court, concerning the difficulties in obtaining funds to pay the
320
Cf. Report by the mayor of the municipality of Cauquenes, November 26, 2007 (evidence file, folio 14990).
321
Cf. Report by the mayor of the municipality of Cauquenes, August 14, 2008 (evidence file, folio 14992).
322
Cf. Report by the mayor of the municipality of Cauquenes, July 22, 2010 (evidence file, folio 14994).
323
Cf. Assessment submitted by the alternate registrar before the Court of First Instance of Cauquenes, July 8,
2014 (evidence file, folio 15014).
324
Cf. Brief filed by Giampero Fava Cohen on behalf of the plaintiffs before the Court of First Instance of
Cauquenes, October 13, 2014 (evidence file, folio 15016).
325
Cf. Report by the mayor of the municipality of Cauquenes, submitted to the Court of First Instance of
Cauquenes, October 28, 2014 (evidence file, folio 15018).
326
Cf. Brief filed by Humberto Franzani on behalf of the plaintiffs before the Court of First Instance of Cauquenes,
February 22, 1996 (evidence file, folio 15051).
327
Cf. Judgment by the Court of First Instance of Cauquenes, January 18, 1995 (evidence file, folios 15027 to
15042).
328
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 15053).
329
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 15055 to 15057).
330
Cf. Order by the Court of First Instance of Cauquenes, December 12, 2005 (evidence file, folios 15058 to
15060).
331
Mayoral Executive Order No. 311 issued by the municipality of Cauquenes, June 9, 2006 (evidence file, folio
15061).
42
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