the assessment of the debt on November 11, 1994.133 The municipality objected to the
assessment,134 but the court denied the objection.135
77. The plaintiffs petitioned the court in December, 1994, to order the issuing of a mayoral
executive order to execute judgment136 and resubmitted their petition on December 28, 1994.137
The court delivered an order on December 29, 1994, requiring the municipality of Pelluhue to
issue the mayoral executive order.138 The plaintiffs also requested that all the assets belonging
to the municipality of Pelluhue be attached.139 The court denied this request and held that
“municipal assets are not subject to attachment.”140 The plaintiffs lodged a motion for
reconsideration with an appeal against this decision, arguing that, according to the Constitution
of Municipalities, certain municipal assets are in fact subject to attachment as they are not
designated for public use or for functions proper to municipal work.141 The court upheld the motion
for reconsideration.142 The plaintiffs filed a brief on February 9, 1995, again requesting that the
mayor be ordered to issue a mayoral executive order for payment.143 The court handed down an
order on February 10, 1995, requiring the municipality of Pelluhue to issue the executive order.144
78. A new assessment of the settlement amount was added to the case file on October 24,
1995, setting the debt at CLP 554,108,639.145 The plaintiffs filed a brief on March 27, 1996,
requesting enforcement of the verdict and payment of the amount owed.146 The court delivered
an order on March 27, 1996, dismissing the petition as time-barred.147
133
Cf. Assessment prepared by the registrar and submitted to the Court of First Instance of Chanco on November
11, 1994 (evidence file, folios 15894 to 15899).
134
Cf. Brief filed by Benito Mancilla Pérez on behalf of the municipality of Pelluhue before the Court of First
Instance of Chanco, November 15, 1994 (evidence file, folios 15902 and 15903).
135
Cf. Order by the Court of First Instance of Chanco, November 30, 1994 (evidence file, folios 15908 and 15909).
136
Cf. Brief filed by Humberto Franzani Soto on behalf of the plaintiffs before the Court of First Instance of
Chanco, on an illegible date in December, 1994 (evidence file, folio 15915).
137
Cf. Brief filed by Humberto Franzani Soto on behalf of the plaintiffs before the Court of First Instance of
Chanco, December 28, 1994 (evidence file, folio 15917).
138
Cf. Order by the Court of First Instance of Chanco, December 29, 1994 (evidence file, folio 15918).
139
Cf. Brief filed by Humberto Franzani Soto on behalf of the plaintiffs before the Court of First Instance of
Chanco, January 17, 1995 (evidence file, folios 15919 and 15920).
140
Cf. Order by the Court of First Instance of Chanco, January 18, 1995 (evidence file, folio 15920).
141
Cf. Brief filed by Humberto Franzani Soto on behalf of the plaintiffs before the Court of First Instance of
Chanco, January 21, 1995 (evidence file, folios 15921 and 15922).
142
Cf. Order by the Court of First Instance of Chanco, January 30, 1995 (evidence file, folio 15924).
143
Cf. Brief filed by Humberto Franzani Soto on behalf of the plaintiffs before the Court of First Instance of
Chanco, February 9, 1995 (evidence file, folio 15925).
144
Cf. Order by the Court of First Instance of Chanco, February 10, 1995 (evidence file, folio 15926).
145
Cf. Assessment added to the case file on October 24, 1995 (evidence file, folio 15943 to 15971).
146
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 15974).
147
Cf. Order by the Court of First Instance of Chanco, March 27, 1996 (evidence file, folio 15975).
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