38
stage of execution of judgment, the Nineteenth Civil Court of Lima transmitted to the
SBS the decision adopted by this court, in which it indicated that “the authorities […]
are obliged to accept and comply with judicial decisions, without qualifying their
content or grounds” and ordered that “[it send] official letters to the
Superintendency of Banks and Insurance and also to the Ministry of Economy and
Finance requiring them to proceed to comply with the provisions of the Supreme
Judgment of October 10, 1994, and pay the plaintiff the monthly pension that he had
been receiving and also the corresponding repayments of the amounts he had failed
to receive and to which he was entitled”122.
89(y) On May 4, 1995 by administrative decision No. 332-95, the SBS decided “[i]n
compliance with the provisions of the Supreme Judgment of October 10, 1994, and
as ordered by the judge of the Nineteenth Civil Court of Lima, in decision No. 1 of
November 22, 1994, at the execution of judgment stage, to equalize the pension
amount corresponding to Maximiliano Gamarra Ferreyra with the remuneration
received by employees of this Superintendency of the same or an equivalent
category when the salary adjustments were made; and also to make the
corresponding repayments, as indicated in the attached appendix [...], which forms
an integral part of the [...] Decision 123.
89(z) Maximiliano Gamarra Ferreyra died on August 6, 1997124. His widow is Sara
Elena Castro Remy125 and his daughters are Patricia Elena and Sara Esther Gamarra
Castro126.
89(aa) On March 12, 2002, the SBS issued administrative decision No. 251-2002, in
which, inter alia, it ordered “[t]hat Decision SBS No. 332-95, of May 4, 1995, should
be complied with, deducting from the amount to be paid to Maximiliano Gamarra
regarding the application for amparo filed by Maximiliano Gamarra Ferreyra (file of appendices to the
application, appendix 48, folios 187 and 188).
122
Cf. official letter of December 19, 1994 of the Titular (¿) Judge of the Nineteenth Civil Court of
Lima addressed to the Head of the Superintendency of Banks and Insurance, transmitting to him the
decision of November 22, 1994, issued by this court (file of appendices to the application, appendix 49,
folio 190).
123
Cf. administrative decision SBS No. 332-95 of May 4, 1995, with regard to Maximiliano
Gamarra Ferreyra (file of appendices to the application, appendix 53, folios 199 to 201).
124
Cf. death certificate issued by the Peruvian National Identification and Civil Status Registry,
for Maximiliano Gamarra Ferreyra (file of appendices to the application, appendix 59, folio 216).
125
Cf. marriage certificate No. 591 of September 1, 1962, for the marriage between Maximiliano
Gamarra Ferreyra and Sara Elena Castro Remy (file of appendices to the application, appendix 60, folio
217).
126
Cf. birth certificate No. 1752 of March 1, 1967, issued by the Provincial Council of Lima,
Births Section of the Civil Registry, for Patricia Elena Gamarra Castro (file of appendices to the
application, appendix 61, folio 218); and birth certificate No. 3927 of June 26, 1963, issued by the
Provincial Council of Lima, Births Section of the Civil Registry, for Sara Esther Gamarra Castro (file of
appendices to the application, appendix 62, folio 219).
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