compliance.74 The Court of Appeals of Copiapó issued an order on April 22, 2003, holding that
the non-compliance with the payment agreement entitled the plaintiffs to proceed with execution
of the final verdict.75
64. The Chañaral teachers petitioned the First Instance Labor Court on October 16, 2003, to
order the mayor to issue a payment order for the amounts owed.76 The court denied the petition
on first hearing,77 but the Court of Appeals of Copiapó handed down an order on April 30, 2004
for a mayoral executive order of payment to be issued.78 The municipality lodged a remedy of
cassation against this order, but the Supreme Court declared it inadmissible.79 On November 8,
2004, the court warned the mayor of Chañaral that he would be subject to a five-day arrest if he
did not proceed to issue the mayoral executive order for payment.80 However, this warning was
nullified by the writ of constitutional relief handed down by the court of Copiapó on December 1,
2004 in favor of the mayor.81
65. A new assessment of the amount of the debt was presented on March 16, 2005, for an
estimated CLP 2,024,974,980.82 The court, on May 18, 2005, again ordered the mayor to issue
an executive order for payment of this amount and set a deadline for disbursement.83 After the
deadline had passed and the municipality had not issued payment, the Court of First Instance of
Chañaral formally declared non-compliance on June 16, 2005.84 That same day, the municipality
filed a brief with the court, requesting relief from execution of the judicial order requiring it to
issue a mayoral executive order for payment, on the grounds that the obligation would create “a
legal impossibility for the municipality of Chañaral.”85 The court took note of the request for relief
on June 20, 2005.86
74
Cf. Petition lodged by Rafael A. Cortés Guzmán on behalf of the plaintiffs before the Court of First Instance of
Chañaral, August 8, 2002 (evidence file, folio 987 and 988).
75
Cf. Order by the Copiapó Court of Appeals, April 22, 2002 (evidence file, folio 1094).
76
Cf. Brief filed by Rafael A. Cortés Guzmán on behalf of the plaintiffs before the Court of First Instance of
Chañaral, October 16, 2003 (evidence file, folio 1144).
77
Cf. Order by the Court of First Instance of Chañaral, October 29, 2003 (evidence file, folios 1153 and 1154).
The court held that the petition could not be admitted because the amount of the debt had not been determined.
78
Cf. Order by the Copiapó Court of Appeals, April 30, 2004 (evidence file, folio 1194 and 1195)).
79
Cf. Order by the Supreme Court, August 10, 2004 (evidence file, folio 1264)).
80
Cf. Order by the Court of First Instance of Chañaral, November 8, 2004 (evidence file, folio 1300).
81
Cf. Order by the Court of Copiapó on the constitutional motion lodged for Héctor Volta Rojas, December 1,
2004 (evidence file, folios 1316 to 1319).
82
Cf. Settlement submitted by registrar Carlos Marín Rojas before the Court of First Instance of Chañaral, March
16, 2005 (evidence file, folio 1324.).
83
Cf. Order by the Court of First Instance of Chañaral, May 18, 2005 (evidence file, folio 1330).
84
Cf. Certificate issued by the Court of First Instance of Chañaral, June 16, 2005 (evidence file, folio 1335).
85
Brief filed by Francisco Donoso Carrasco on behalf of the municipality of Chañaral before the Court of First
Instance of Chañaral, June 16, 2005 (evidence file, folio 1340).
86
Cf. Decision by the Court of First Instance of Chañaral, June 20, 2005 (evidence file, folio 1343).
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