110. The municipality submitted a check to the court on December 31, 2002, in the amount of
CLP 10,000,000, to cover the amount indicated in the 2002 municipal budget under the line item
for execution of judgments.297 The plaintiffs subsequently requested a new arrest warrant on April
30, 2003, in view of the fact that the municipality of Vallenar had made no further payments and
had not included the debt in the 2003 budget.298 The court declared on May 2, 2003, that there
were no grounds for issuing an arrest warrant.299
111. The municipality paid CLP 25,000,000 on May 30, 2003, to cover part of the debt.300 It then
issued a check on July 31, 2003, for CLP 25,000,000 toward payment of the debt.301 The plaintiffs
asked the court on September 4, 2003, to require the issuing of a mayoral executive order for
payment of the outstanding amounts.302 The municipality made another deposit on November 3,
2003, in the amount of CLP 25,000,000.303
112. An auction was held on March 23, 2005, to sell three premises and three apartments
belonging to the municipality of Vallenar.304 Another auction took place on June 15, 2005, for five
lots belonging to the municipality of Vallenar.305 A check was issued for CLP 26,225,000 to the
representatives of the plaintiffs from the proceeds of these sales.306
113. The municipal council of Vallenar passed Agreement 163 on December 6, 2006, approving
payment of one billion Chilean pesos, covering one-third of the total debt outstanding. Because
CLP 300,000,000 had already been paid through the auctions and installments (see supra,) the
municipality pledged to settle the remaining CLP 700,000,000.307 This made it possible for the
parties to sign a payment plan, which was submitted to the court on January 19, 2007. Item
three of the agreement read, “this agreement is subject only to the real financial capacity of the
[…] municipality of Vallenar. Nonetheless, the parties recognize that the obligation for the entire
amount outstanding is primarily the responsibility of the Chilean national treasury.”308 In
compliance with this agreement, the municipality delivered a check to the court registrar for
297
Cf. Brief filed by Celica Medina Tapia on behalf of the municipality of Vallenar before the Court of First Instance
of Vallenar, December 31, 2002 (evidence file, folio 13309).
298
Cf. Brief filed by Rafael Cortés Guzmán on behalf of the plaintiffs before the Court of First Instance of Vallenar,
April 30, 2003 (evidence file, folios 13338 to 13341).
299
Cf. Order by the Court of First Instance of Vallenar, May 2, 2003 (evidence file, folio 13342), upheld by the
Copiapó Court of Appeals in an order issued on April 22, 2003 (evidence file, folios 13358 and 13359).
300
Cf. Brief filed by Iván Mascareña Santana on behalf of the municipality of Vallenar, May 30, 2003 (evidence
file, folio 13386).
301
Cf. Brief filed by Iván Mascareña Santana on behalf of the municipality of Vallenar, July 31, 2003 (evidence
file, folio 13528).
302
Cf. Brief filed by Rafael Cortés Guzmán on behalf of the plaintiffs before the Court of First Instance of Vallenar,
September 4, 2003 (evidence file, folio 13538).
303
Cf. Brief filed by Celica Medina Tapia on behalf of the municipality of Vallenar, November 3, 2003 (evidence
file, folio 13591).
304
Cf. Record of sales at auction on March 23, 2005 (evidence file, folios 13825 to 13836).
305
Cf. Record of sales at auction on June 15, 2003 (evidence file, folios 14030 to 14039).
306
Cf. Certification by the Court of First Instance of Vallenar of delivery of the check to [Alexandra] Orrego Da
Silva, July 6, 2005 (evidence file, folio 14052).
307
Cf. Agreement 163 by the Municipal Council of Vallenar, December 6, 2006 (evidence file, folio 14376).
308
Payment plan signed between [Alexandra] Orrego Da Silva and Rafael Cortés Guzmán for the plaintiffs, in a
brief filed with the Court of First Instance of Vallenar on January 19, 2007 (evidence file, folio 14378).
40