66. A new payment and compromise agreement was signed on December 28, 2007, under
which the municipality contracted to pay CLP 350,000,000 by January 15, 2008 at the latest;87
this date was later extended to March 15, 2008.88 The representatives of the teachers of Chañaral
signed a document with the municipality on June 2, 2008, acknowledging payment of
CLP 350,000,000, but emphasizing that “notwithstanding this payment, they recognize that the
obligation for the full amount owed is the responsibility of the State of Chile.”89 A new assessment
was performed on November 24, 2008, calculating the amount still owed to the teachers of
Chañaral at CLP 5,267,110,263.90
B.2. Process of Aguilar Lazcano et al. v. the Municipality of Chanco, Docket No.
221-1993
67. The representative of a group of teachers from the municipality of Chanco appeared before
the Court of First Instance of Chanco on March 27, 1996 and filed a brief91 requesting accessory
execution of the judgment handed down on January 25, 1994 by the Court of First Instance of
Chanco92 and upheld by the Talca Court of Appeals on June 3, 1994, regarding eight of the ten
claimant teachers,93 in which that municipality was ordered to pay the allowance given in decreelaw 3551, as of the dates they were hired. The court delivered an order on March 27, 1996,
denying the petition by the plaintiffs and holding that it had was time-barred.94 The plaintiffs
requested a new assessment of the claim in April, 2000.95 An assessment was submitted on
August 11, 2000 for the total amount of CLP 301,781,665.96
87
Cf. Payment agreement between [Alexandra] Orrego Da Silva, agent of the parties, Rafael Cortés Guzmán,
attorney for the plaintiffs, and Héctor Volta Rojas, Mayor, filed with the Court of First Instance of Chañaral on
December 28, 2007 (evidence file, folios 2198 and 2199).
88
Cf. Amended payment agreement, filed with the Court of First Instance of Chañaral, January 25, 2009
(evidence file, folio 2204).
89
Payment agreement between [Alexandra] Orrego Da Silva, agent of the parties, Rafael Cortés Guzmán,
attorney for the plaintiffs, and Héctor Volta Rojas, Mayor, filed with the Court of First Instance of Chañaral on June
2, 2008 (evidence file, folio 2207).
90
Cf. Assessment released by the ad hoc registrar of the Court of First Instance of Chañaral, November 24,
2008 (evidence file, folio 7738).
91
Cf. Brief filed by Humberto Franzani Soto on behalf of the plaintiffs before the Court of First Instance of
Chanco, March 27, 1996 (evidence file, folio 16424).
92
Cf. Judgment by the Court of First Instance of Chanco, January 25, 1994 (evidence file, folios 16376 to 16389).
93
Cf. Order issued by the Talca Court of Appeals, June 3, 1994 (evidence file, folios 16400 to 16403). The order
upheld the trial court’s verdict concerning the teachers Ana Elena Aguilar Lazcano, Arturo Enrique Gutiérrez
Fuentealba, Rafaela Escalona Espinoza, Marcelina Meza Montecinos, Eduardo Andrés Yañez Recabal, Rolando Antonio
Molina Oyarce, Clara Haydée Olivares Quezada and Vety de las Mercedes Peña Ríos. The court further held, with
regard to J. Humberto Verdugo Iturra and Edith Adriana Pérez Espinoza, “The verdict delivered is individualized, and
it is hereby VACATED insofar as it addresses the complaint from folios 8 regarding the plaintiffs José Humberto
Verdugo Iturra and Edith Adriana Pérez Espinoza, and instead denies the petition regarding these plaintiffs” (evidence
file, folio 16402).
94
Cf. Order by the Court of Chanco, March 27, 1996 (evidence file, folio 16425).
95
Cf. Brief filed by Humberto Franzani Soto on behalf of the plaintiffs on a date uncertain in the month of April
2000 (evidence file, folio 16433).
96
Cf. Assessment submitted to the Court of Chanco, August 14, 2000 (evidence file, folio 16442 a 16444).
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