in a brief filed on October 16, 1995.160 The municipality filed a brief on April 26, 1996, reporting
that it had “taken all measures to obtain the resources from the central authorities to pay the
amount owed, but they have not provided it; therefore, reasons of force majeure make it
impossible to execute the judgment in question.”161 The court issued orders for the submission
of helpful evidence on May 6, 1996, to the municipal treasury of Parral for a report on its funds;
to the Office of the Comptroller General, for a report on the mayor’s inability to issue a payment
order; and to the Ministry of the Interior to respond to the municipality’s communiqué requesting
funds to pay the debt.162 The case file shows no evidence that this information was supplied.
83. The plaintiffs submitted a request on July 31, 1996 for the municipality’s assets to be
attached,163 and the relevant order was issued that same day.164 Three vehicles belonging to the
municipality were seized on February 25, 1997.165 The municipality filed an objection to the
attachment on March 4, 1997, arguing that the vehicles were municipal property intended for the
provision of services, and therefore were not subject to attachment.166 The court granted the
municipality’s request in an order on May 14, 1997, and exempted the vehicles from
attachment.167
84. The parties agreed on a payment plan on June 15, 1999, by which the municipality
committed to pay a percentage of the total debt in installments and to sue the national treasury
for funds to pay the rest of the amount owed. Point three of the agreement stipulated, “the
municipality recognizes the right of the claimants as held in the final verdict in this case, and both
parties commit to take measures with the central government to process payment of the balance
due.”168 The assessment of the settlement amount still owed was updated in September, 1999,
to CLP 115,683,632.169 The plaintiffs asked the court on August 28, 2006, to order the
municipality to submit a report on measures undertaken with the central government to obtain
the funds for payment of the debt and a progress report on the status of the lawsuit against the
160
Cf. Increase to the assessment submitted by a public accountant to the Court of First Instance of Parral on
October 16, 1995 (evidence file, folio 17760).
161
Brief filed by Germain Morales on behalf of the municipality before the Court of First Instance of Parral, April
26, 1996 (evidence file, folio 17772).
162
Cf. Order by the Court of First Instance of Parral, May 6, 1996 (evidence file, folio 17775).
163
Cf. Brief filed by Ewaldo Schulz Ibáñez before the Court of First Instance of Parral, July 31, 1996 (evidence
file, folio 17776).
164
Cf. Order by the Court of First Instance of Parral, July 31, 1996 (evidence file, folio 17777).
165
Cf. Record by the Process Server for Major Assets, February 25, 1995 (evidence file, folio 17786).
166
Cf. Brief filed by Germain Morales Morales on behalf of the municipality before the Court of First Instance of
Parral , March 4, 1997 (evidence file, folio 17787 and 17788).
167
Cf. Order by the Court of First Instance of Parral, May 14, 1997 (evidence file, folio 17790 and 17791).
168
Payment plan agreed to between [Alexandra] Orrego Da Silva and Antonio César Valero Nader for the plaintiffs
and the mayor of Parral (evidence file, folio 17798). An amendment to the payment plan was filed on September 15,
1999, extending the time limits for the lawsuit against the national treasury and clarifying the means for issuing each
payment (amendment to the payment agreement signed between [Alexandra] Orrego Da Silvia and Germain
Morales), filed on September 15, 1996 (evidence file, folio 17804)
169
Cf. Assessment submitted by a public accountant to the Court of First Instance of Parral on an illegible date
in September, 1999 (evidence file, folio 17805 and 17806).
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