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

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