to divest itself of the municipal theater within three years,260 and in a brief filed on March 7, 2008,
reiterated their petition that the municipality be declared in default on the payment agreement.261
The court of Parral issued an order on March 31, 2008, denying the request to nullify the payment
agreement and held that the matter should be taken to the court of appeals.262 The plaintiffs
lodged an appeal on April 5, 2008.263 The court of appeals decided that the court of first instance
should examine the request to nullify the payment agreement.264 The court of first instance issued
an order on January 13, 2009, denying the request to nullify the payment agreement, holding
that the municipality had complied with it.265 The plaintiffs appealed this order,266 but the Talca
Court of Appeals upheld the decision being appealed.267
103. The plaintiffs submitted an updated assessment of the settlement on October 22, 2014,
setting the amount owed at CLP 2,795,333,957.268 The plaintiffs petitioned the court on
November 14, 2014, to request a report from the mayor of Parral on measures taken to execute
the verdict.269 The case file shows no evidence that the municipality supplied this information.
B.10. Process of Ramírez Ortíz et al. v. the Municipality of Vallenar, Docket
4,443-1993
104. The representative of a group of teachers from the municipality of Chañaral petitioned on
February 20, 1997, for execution270 of the final verdict handed down by the court of first instance
on December 4, 1996, which had ordered the municipality of Vallenar to pay the allowance
provided for under Article 40 of Decree-law 3,551, as of April 15, 1989.271 The municipality filed
an objection to the enforcement order, claiming that the petition was time-barred, but the Court
of First Instance of Vallenar denied the objection on January 8, 1998.272 The assessment of the
260
Cf. Brief filed by Sonia Benavente Nader on behalf of the plaintiffs before the Court of First Instance of Parral,
November 9, 2007 (evidence file, folio 17651).
261
Cf. Brief filed by Sonia Benavente Nader on behalf of the plaintiffs before the Court of First Instance of Parral,
March 7, 2008 (evidence file, folio 17671).
262
Cf. Order by the Court of First Instance of Parral, March 31, 2008 (evidence file, folio 17673).
263
Cf. Motion of appeal lodged by Sonia Benavente Nader on behalf of the plaintiffs before the Talca Court of
Appeals, April 5, 2008 (evidence file, folios 17674 and 17675).
264
Cf. Order by the Talca Court of Appeals, June 4, 2008 (evidence file, folio 17685).
265
Cf. Order by the Court of First Instance of Parral, January 13, 2009 (evidence file, folios 17695 and 17696).
266
Cf. Motion of appeal lodged by Sonia Benavente Nader on behalf of the plaintiffs, January 19, 2009 (evidence
file, folios 17697 to 17701).
267
Cf. Order by the Talca Court of Appeals, March 4, 2009 (evidence file, folio 17708).
268
Cf. Assessment submitted by Public Accountant Jorge Leoncio Leal Cruces to the Court of First Instance of
Parral, October 22, 2014 (evidence file, folios 17724 to 17726).
269
Cf. Brief filed by Giampero Fava Cohen on behalf of the plaintiffs before the Court of First Instance of Parral,
November 14, 2014 (evidence file, folio 17729).
270
Cf. Brief filed by Saida Bonett Simon on behalf of the plaintiffs before the Court of First Instance of Vallenar,
February 20, 1997 (evidence file, folios 11051 and 11052).
271
Cf. Judgment by the Court of First Instance of Vallenar, December 4, 1996 (evidence file, folios 11018 to
11031).
272
Cf. Order by the Court of First Instance of Vallenar, January 8, 1998 (evidence file, folios 11095 to 11098).
The municipality appealed against this order, but its petition was denied in an order issued by the Copiapó Court of
Appeals on February 6, 1998 (evidence file, folio 11117).
37