28
99.
In the instant case, the State initiated a condemnation proceeding in order to
establish the trade value of the condemned property and order the payment in favor of
Mrs. Salvador Chiriboga, in accordance with Section 79394 of the Civil Procedural Code.
100. The Court, as with the analysis of the subjective recourses (supra para. 77 to 90)
shall examine whether, in the condemnation proceedings instituted by the State, the
reasonable time was fulfilled and whether such was an effective recourse.
101. Regarding the condemnation proceeding, the Commission stated that this
proceeding is limited to the determination of the value of the property in question, which
could be solved by means of expert assessment, and therefore, it does not constitute a
complex issue. The representatives alleged that they are not responsible for the
procedural delays, since that responsibility falls on the State “for being the plaintiff [of a]
proceeding, as well as for the deficiency of the court system by not preventing the
incidents caused by the Municipality of Quito from happening”.
102. The State pointed out that it was the representatives’ responsibility the delay in
the proceeding since they filed several legal acts that postponed the proceeding, such as
the filing of remedies or interlocutory motions that were patently inadmissible. In such
regard, the State asserted that the condemnation proceeding is evidently complex.
103. The Court notes, in accordance with the facts of the instant case, that on July 16,
1996, the Municipality of Quito filed a claim to condemn the property of Salvador
Chiriboga siblings,95 five years after the declaration of public utility of such property was
issued. On September 24, 1996, the Ninth Trial Court issued a court order defining the
complaint, in which such Court admitted the complaint and authorized the immediate
occupation of the property, inasmuch as the Municipality has deposited the amount of
225.990.625,00 sucres for the property,96 this sum of money was fixed by such
Municipality.97 Said sum of money was deposited in the current account Nº 00100508-1
of Banco del Pichincha C.A., by means of check Nº CY794572.98 In the same court order,
the Ninth Trial Court also appointed Mr. Vicente Domínguez Zambrano as expert witness
in order to render an expert assessment on the property subjected to expropriation.
Afterwards, on July 4, 1997, Salvador Chiriboga siblings objected to the condemnation
claim and on September 4, 1997, the Ninth Trial Court decided to set aside the court
order that defined the claim, inasmuch as it considered that the Municipality has not
94
Section 793 states that “[t]he purpose of the process of an expropriation proceeding is establishing the
amount to be paid as price for the condemned thing, provided the condemnation proceeding is for reasons of
public utility".
95
Cf. Condemnation claim filed by the Municipality against María and Julio Guillermo Salvador Chiriboga,
supra note 9.
96
Cf. Condemnation claim filed by the Municipality against María and Julio Guillermo Salvador Chiriboga,
supra note 9; and court order defining the complaint (case file N°1300-96, record of appendixes to the
complaint, Appendix 1 and 2, p.68).
97
The main briefs, the ones submitted by the representatives as well as those submitted by the State,
described the amount of money deposited together with the condemnation claim in the case file N°1300-96.
The representatives pointed out that the sucres deposited with the condemnation claim corresponded, at the
date of the filing of such brief, to US $9.032.00 (nine thousand thirty two United States dollars) (brief of
requests and arguments, record of preliminary objection, merits, reparations and costs, Volume II, p. 145).
Whereas, the State expressed that the value of the sum of money deposited at the time of the payment, when
the condemnation claim was filed, represented almost US$ 300.000, 00 (three hundred thousand United States
dollars) (answer to the complaint, record of preliminary objection, merits, reparations and costs, Volume II, p.
219).
98
Cf. Condemnation claim filed by the Municipality against María and Julio Guillermo Salvador Chiriboga,
supra note 9.