debt recognized in this proceeding.332 An updated assessment of the outstanding debt was
submitted on July 10, 2014, setting the amount owed at CLP 2,355,273,825.333
B.13. Process of Aquilera Machuca et al. v. the Municipality of Cauquenes,
Docket No. 38-1993
119. The representative of a group of teachers from the municipality of Cauquenes filed a motion
on March 15, 1996, for accessory execution334 of the September 13, 1993 judgment by the Court
of First Instance of Cauquenes,335 upheld on January 12, 1994, in an order delivered by the Talca
Court of Appeals,336 by which the municipality of Cauquenes was found guilty of failing to pay the
special non-taxable allowance established in Article 40 of 1981 decree-law 3,551. A mayoral
executive order for payment was requested on December 1, 2004,337 and again on April 27,
2005.338 The municipality objected to the Court’s order, arguing that it lacked the funds to pay
the debt.339 The court of Cauquenes, under a decision dated December 12, 2005, required the
mayor of Cauquenes to issue a payment order within thirty days.340 The municipality of
Cauquenes issued Mayoral Executive Order No. 312 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.”341
120. The mayor of the municipality of Cauquenes submitted multiple reports starting in 2007 in
response to admonitions by the court, concerning the difficulties in obtaining funds to pay the
debt recognized in this proceeding.342 An updated assessment of the outstanding debt was
submitted on July 23, 2014, setting the amount owed at CLP 21,439,264,765.343
332
Cf. Reports submitted to the Court of First Instance on June 9, 2006, April 19, 2007, November 26, 2007,
August 14, 2008, July 22, 2010, and October 28, 2014 (evidence file, folios 15064 to 15066; 15068 and 15069;
15074; 15076; 15078 and 15079; 15100).
333
Cf. Assessment submitted by the alternate registrar before the Court of First Instance of Cauquenes, July 10,
2014 (evidence file, folio 15098).
334
Cf. Brief filed by Humberto Franzani on behalf of the plaintiffs before the Court of First Instance of Cauquenes,
March 15, 1996 (evidence file, folio 14881).
335
Cf. Order by the Court of First Instance of Cauquenes, September 13, 1993 (evidence file, folios 14807 to
14852).
336
Cf. Order by the Talca Court of Appeals, January 12, 1994 (evidence file, folios 14861 and 14862).
337
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 14883).
338
Cf. Brief filed by Giampero Fava Cohen on behalf of the plaintiffs before the Court of First Instance of
Cauquenes, April 27, 2005 (evidence file, folio 14884 and 14885).
339
Brief filed by Guillermo Badilla Eulufi on behalf of the municipality of Cauquenes before the Court of First
Instance of Cauquenes, August 25, 2005 (evidence file, folio 14887 to 14889).
340
Cf. Order by the Court of First Instance of Cauquenes, December 12, 2005 (evidence file, folios 14893 to
14895).
341
Mayoral Executive Order No. 312 issued by the municipality of Cauquenes, June 9, 2006 (evidence file, folio
14897).
342
Cf. Reports submitted to the Court of First Instance on April 19, 2007, November 26, 2007, August 14, 2008,
July 22, 2010 and October 28, 2014 (evidence file, folios 14904 and 14905; 14911; 14911; 14913; 14915 and
14916; 14939).
343
Cf. Assessment submitted by the alternate registrar before the Court of First Instance of Cauquenes, July 23,
2014 (evidence file, folio 14935).
43
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