brief on November 22, 2007, claiming that the municipality had failed to comply with clause eight
of the payment plan agreement, in which it was required to divest itself of the municipal theater
within three years.195 They resubmitted this petition on March 7, 2008.196 Given the court’s failure
to resolve this petition, the plaintiffs lodged a motion of appeal on April 5, 2008, to nullify the
agreement on the payment plan.197 The Court of Appeals decided that the Court of First Instance
should settle the request to nullify the payment agreement,198 and the court of Parral denied the
petition on January 13, 2009.199 The plaintiffs responded to this decision by lodging a motion of
appeal,200 which was dismissed by court order on March 25, 2009.201
91. An updated assessment of the settlement was added to the case file on October 22, 2014,
setting the amount owed at CLP 3,362,960,996.202 The plaintiffs petitioned the court on
November 14, 2014, to request a report from the mayor of Parral on measures taken to execute
the verdict.203 The case file shows no evidence that the municipality supplied this information.
B.8. Process of Belmar Montero et al. v. the Municipality of Parral, Docket No.
4,051-1992
92. The representative of a group of teachers from the municipality of Parral petitioned the
Court of First Instance of Parral, on December 23, 1993,204 to order accessory execution of the
verdict it had delivered on April 20, 1993,205 upheld under a November 25, 1993 order by the
Talca Court of Appeals,206 convicting the municipality of Parral to pay the decree-law 3,551
allowance as of the dates the teachers were hired. The assessment of the amount of the debt
was submitted on September 7, 1994, for CLP 424,172,941.207 The plaintiffs petitioned on April
2, 1996 for the mayor of Parral to be admonished to execute the judgment.208 The municipality
195
Cf. Brief filed by Sonia Benavente Nader on behalf of the plaintiffs before the Court of First Instance of Parral,
November 22, 2007 (evidence file, folios 17433).
196
Cf. Brief filed by Sonia Benavente Nader on behalf of the plaintiffs before the Court of First Instance of Parral,
March 7, 2008 (evidence file, folio 17446).
197
Cf. Motion of appeal lodged by Sonia Benavente Nader on behalf of the plaintiffs before the Talca Court of
Appeals, April 5, 2008 (evidence file, folios 17448 and 17449).
198
Cf. Order by the Talca Court of Appeals, June 4, 2008 (evidence file, folio 17454).
199
Cf. Order by the Court of First Instance of Parral, January 13, 2009 (evidence file, folios 17462 and 17463).
200
Cf. Motion of appeal lodged by Sonia Benavente Nader on behalf of the plaintiffs before the Court of First
Instance of Parral, January 9, 2009 (evidence file, folios 17464 to 17468).
201
Cf. Order by the Talca Court of Appeals, March 25, 2009 (evidence file, folio 17471).
202
Cf. Assessment submitted by Public Accountant Jorge Leoncio Leal Cruces to the Court of First Instance of
Parral, October 22, 2014 (evidence file, folios 17498 to 17500).
203
Cf. Brief filed by Giampero Fava Cohen on behalf of the plaintiffs before the Court of First Instance of Parral,
November 14, 2014 (evidence file, folio 17503).
204
Cf. Petition lodged by César González Cáceres on behalf of the plaintiffs before the Court of First Instance of
Parral, December 23, 1993 (evidence file, folio 17129).
205
Cf. Judgment by the Court of First Instance of Parral, April 20, 1993 (evidence file, folios 17111 to 17121).
206
Cf. Order by the Talca Court of Appeals, November 25, 1993 (evidence file, folios 17127 and 17128).
207
Cf. Assessment submitted by Public Accountant Jorge Leoncio Leal Cruces to the Court of First Instance of
Parral, September 7, 1994 (evidence file, folios 17130 to 17136).
208
Cf. Brief filed by Ewaldo Schulz Ibáñez before the Court of First Instance of Parral, April 2, 1996 (evidence
file, folios 17151 and 17152).
32