8, 1993 order by the Talca Court of Appeals,108 convicting the municipality of Chanco to pay the
petitioners the decree-law 3,551 allowance as of the dates they were hired. The municipality filed
an objection to payment on July 29, 1995.109 It argued that the municipality had not defaulted
on payment of the special allowance to teachers. The court, however, did not take this defense
into account.
72. A assessment of the amount of the debt was submitted on November 7, 1995, for
CLP 722,969,739.110 In view of the municipality’s failure to pay, the plaintiffs again asked the
court for execution of judgment on March 27, 1996.111 The court delivered an order on March 27,
1996, denying the petition for execution and holding that it was time-barred.112 The plaintiffs
requested a new assessment of the claim in April, 2000.113 The assessment of the debt was
submitted to the court on August 11, 2000, in the amount of CLP 2,886,938,404.114
73. The case file was in the hands of the court of appeals from 2000 to 2007 as part of the
process undertaken by the municipality of Chanco against the national treasury,115 and
subsequently, the Supreme Court had the file until 2008 as part of the same process. The plaintiffs
petitioned the court on December 7, 2004, to order the defendant municipality to execute the
judgment by issuing a mayoral executive order.116 The case file shows no evidence of a response
to this petition. The plaintiffs filed a new brief in February 2009, asking the court to order the
mayor to report on measures taken to execute the judgment.117 They reiterated this petition on
July 21, 2010.118
74. The Court of First Instance of Chanco issued report 208-2010 on July 23, 2010, ordering
the mayor of Chanco to report to the court within ten days concerning measures being taken to
execute the verdict.119 The municipality of Chanco submitted a report on August 11, 2010,
108
Cf. Order by the Talca Court of Appeals, September 8, 1993 (evidence file, folio 15267).
109
Cf. Brief filed by Graciela Alvear Bustos on behalf of the municipality of Chanco, July 29, 1995 (evidence file,
folios 15313 and 15314).
110
Cf. Assessment submitted to the registrar of the Court of First Instance of Chanco on November 7, 1995
(evidence file, folios 15329 to 15409).
111
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 15405).
112
Cf. Order by the Court of First Instance of Chanco, March 27, 1996 (evidence file, folio 15406).
113
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 15415).
114
Cf. Settlement assessment submitted to the Court of First Instance of Chanco, August 14, 2000 (evidence
file, folios 15425 to 15426).
115
Cf. Report 4,078-2007 by the Santiago Court of Appeals, May 24, 2007 (evidence file, folio 15431).
116
Cf. Brief filed by José Seda Navarrete on behalf of the plaintiffs before the Court of First Instance of Chanco,
December 7, 2004 (evidence file, folio 15622).
117
Cf. Brief filed by Giampero Fava Cohen on behalf of the plaintiffs before the Court of First Instance of Chanco
on an illegible date in February 2009 (evidence file, folio 15631).
118
Cf. Brief filed by José Seda Navarrete on behalf of the plaintiffs before the Court of First Instance of Chanco,
July 21, 2010 (evidence file, folio 15637).
119
Cf. Report 208-2010 issued by the Court of First Instance of Chanco on July 23, 2010 (evidence file, folio
15639).
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