The judgment is reproduced on appeal.AND FURTHER BEARING IN...

The judgment is reproduced on appeal.

AND FURTHER BEARING IN MIND:

1%) By final ruling issued on October 28,

two thousand twenty-two, by the titular judge of the second judicial court of Copiapó,

Mrs. María Teresa Marabolí Vergara, regarding the merits, accepted the

claim filed by Minera Salar Blanco S.A. against the Chilean Treasury, and

the constitution of the extension of the requested mining easement was declared

in the lawsuit in favor of the mining properties called “Cocina 19 al

27”, “Despised 6 and 7”, “Salamis 1 to 3” and “San Francisco from 1 to 10”,

on a total of 2,350 hectares, with respect to the lands owned by the

Chilean Treasury, registered on page 527 turn N* 500, of the Property Registry

of the Copiapó Real Estate Registrar, from the year 1964, located

the easements in the areas whose geographic coordinates were

expressed in the expository of said sentence.

It was also ordered that the easement granted must respect the

public roads or roads for public use that are within its extension, and

other rights constituted in favor of third parties.

The amount of compensation to be paid by the plaintiff to the

defendant, the equivalent of 43,028.5 [sic] unidades de fomento at a rate

of 18.31 unidades de fomento for each hectare of the 2,350 that comprises

the area of the easement, amount to which the value must be discounted

consigned as compensation for the provisional easement, amount that

It will be paid in five annual, periodic and successive installments, and must be paid

the first installment prior to the registration of the

easement, and the following during the month of December of each year

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by registered voucher in the name of the General Treasury of the

Republic.

It was established that the constituted easement shall have as its purposes

those provided by article 120 of the Mining Code, and their duration

will be 25 years or the shorter time that the start-up, exploitation and

closure of the mining project on which the claim is based, counted from the

date on which the sentence is executed.

Finally, it was resolved that once the sentence has been executed, it must

proceed to the registrations, sub-registrations and marginal annotations that

are necessary and thus a copy of the plan of the

easement in the competent Real Estate Registrar, each owing

party bear the payment of its costs.

2%) The aforementioned judgment was rectified on the twenty-eighth of

November two thousand and twenty-two, in its resolutions VI.- and VIII.-, in accordance with the

provided for in article 182 of the Code of Civil Procedure, in the following

terms:

In relation to operative VI.-, the sum to which the

pay the plaintiff, noting that it corresponds to 43,028.5 Units of

Promotion; and likewise, the phrase indicating "the amount to which the

deducting the value already consigned as compensation for the

provisional easement", which was replaced by: amount to which no

No discount will be applied for not having consigned in the cause the amount

set by the Court as compensation for the provisional easement”.

On the other hand, in relation to decision VIII.-, after the comma that follows

to the word "sentence" the following phrase was added: "and paid the first

installment into which the compensation ordered in point VI is divided...”.

3%) Against the judgment of first instance, Mr. Adolfo

Rivera Galleguillos, Copiapó tax attorney, from the Council of

Defense of the State, by the defendant, the Chilean Treasury, and requested the

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revocation of the judgment appealed and, consequently, reject the

claim in its entirety, with costs.

The appeal that is heard by this Court corresponds to the one included in

page 150 of the first instance electronic file, as recorded in

resolution of December 29, 2022, incorporated in folio 157, paragraph

second, of the aforementioned electronic file.

4%) As a first basis, whoever appeals claims for the lack of

requirements of origin of the mining easement.

To the effect, it refers that the plaintiff has not demonstrated

irrefutably the need to grant the mining easement

petitioned, nor that it requires taxing the enormous and disproportionate

extension of 2,350 hectares of the fiscal property.

It adds that the court, for its part, in its analysis of the

documentary and testimonial evidence, in the twenty-second reason for the ruling

challenged, ignores what the plaintiff herself stated in her libel

claimant, that is, who needs the constitution of the lien for "the

development of the Blanco Project, consisting of the mining exploitation of

non-metallic substances in a liquid state present in the brine that form

the ore ofSalar de Maricunga, such as Lithium, Potassium, Boron, Magnesium and

others...", however, the belongings that he postulates as dominant tenement do not

enable it to exploit lithium, a substance that is metallic and not, on the other hand, not

metal as he wanted to make the plaintiff see.

He also considers that in the requested area there are a series of

mining concessions of various holders and that the requested sector is not located

none of the belongings that the mining company postulates as property

dominant in this process.

On the other hand, he alleges that the plaintiff has already been granted, by judgment

in case files C-212-2018, of the third judicial court of Copiapó, based on

the same mining claims, a legal mining easement over

2,542.47 hectares of the property of the Chilean Treasury, for which reason the

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need or justification to encumber another amount of land, adding that the

sentencing omitted pronouncement on the allegations that the prosecutor made

on this point.

5%) For the analysis of this first allegation, it must be taken into account

that the magistracy of merit, in the twenty-first reason of its sentence,

considered proven the existence and ownership by the plaintiff of the

mining belongings called “Kitchen 19 to 27”, “Despreciada 6 and 7”,

"Salamina 1 to 3" and "San Francisco de la 1 ala 10", recognizing the quality of

dominant estates.

Then, in the twenty-second reason, the sentencer elaborated

on the need to grant an extension of the mining easement. So,

prior examination of this requirement, in addition to stating the purpose that in the

demand is indicated for such request and indicate the documentary evidence provided,

files in view and testimonials rendered, concludes "that there is a

serious and concrete project of mining exploitation, and that the easement

The purpose of the petition is to ensure the comfortable exploitation of the

mining belongings owned by the plaintiff that make up the

mining project called "Blanco", for whose development it is necessary

the constitution of the easements of transit and occupation requested in the

demand, consequently, with the merit of the evidence rendered, it will be considered

accredited said requirement”.

Said analysis is shared by this Court when estimating, as it does

the judiciary of merit, that the evidence rendered was sufficient to demonstrate the

need to expand the easement requested in order to (1) install

evaporation pools; (ii) salt deposits; (ii) install plants

production; (iv) installation of camps and other facilities

necessary for the proper maintenance and care of the personnel in charge of the

project operations; (v) occupation and transit through the necessary roads

for travel to and from mining camps and other points

of tasks and plants, all of which is necessary for the comfortabl

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exploitation of the Mining Concessions; (vi) carry out engineering studies

necessary for the Project; (vii) perform all other tasks necessary to carry out

carry out the exploitation and benefit of the Project.

Then, as regards the allegation of having been circumvented by the

sentenced certain expressions of the plaintiff on mineral substances

to be exploited in the Blanco Project, including lithium, which the appellant estimates

was relevant because the mining properties that are postulated as properties

dominant companies do not enable the plaintiff to exploit lithium, it happens

that said claim cannot be attended by the arguments that are

will be developed in reason 8%) of this sentence, in relation to the limits that

the discussion between the parties imposes the magistracy.

Regarding the existence of another easement based on the

same belongings, in the case role 212-2018, of the third court of letters of

Copiapó, on an area of 2,547.47 hectares of the property of the Treasury of

Chile, it should be noted that the sentencing judge considered said file to

reach its conclusion, and although there is no specific analysis on the point,

It is enough to point out that in the answer brief, nothing was said about this

claim, but in general terms the number of hectares was reproached

of tax land that the plaintiff requested, for which reason it cannot now,

who appeals, modify or improve his position or defense in the trial, matter that

will be discussed in more detail in the 7% reason for this failure.

For all of the above, the first argument of the appeal under study will be

discarded.

6%) Secondly, the Chilean Treasury claims in its appeal on

a matter that he calls “the non-reportability of lithium”. About

highlights that the mining properties postulated as dominant properties

"Kitchen 19 to 27" and "San Francisco 1 to 10" were built on chloride of

sodium, and the “Despreciada 6 and 7” and “Salamina 1 to 3” concessions are

producers of Rock Salt, as it consists of the domain vigent who accompanied

the very actor of all of them. Which means that the Salar Mining Society

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Blanco S.A., owner of the aforementioned belongings, can only explore and

exploit said chemical compound and not another mining substance that is located in

the area that makes up the indicated mining properties. Explain that the

Mining Code of 1932 allowed several owners in the same place

geographically, according to the substance that they had denounced, unlike what

occurs in the current Code, where the mining owner becomes the owner of all

the concessionable substances that are in the area.

He affirms that the plaintiff will never be able to exploit the lithium that exists in the

four mining properties already mentioned, so it is surprising that

In the lawsuit libel, the plaintiff named lithium as a substance for

exploit, invoking within the documentary, the exempt resolution advice

legal N*039/2018 of the Chilean Nuclear Energy Commission, of March 7

of 2018.

In such a way, she maintains that if the plaintiff will never be able to explore and exploit

the lithium that is located in her mining belongings, she cannot claim the

present mining easement, since the core of article 120 disappears

of the Mining Code, that is, the purpose of the mining easement to facilitate

the convenient and comfortable exploration and exploitation

She continues her arguments explaining the exclusion of lithium as

mineral substance granted since 1979, leaving its domain, exploration and

exploitation in the exclusive and exclusive property of the State of Chile, except

any case of exclusive operational contract on lithium (CEOL) entered into between

the latter and a third. At this point, he makes his legal theory of why the

The plaintiff does not have the right to exploit lithium, based on the various regulations that

have governed the mining property and in light of the date of constitution of the

four properties postulated as dominant properties in these proceedings.

7%) As a third argument —which will be analyzed together with the

previous argument-, the appellant expounds on the constitutional limitation and

Lithium policy and the governance of salt flats. In this section, it becomes

on previous ideas, and points out that the sentencer, by taxing the area

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petitioned in the record, contravened the Political Constitution of the Republic and the

Mining Code, since, on the one hand, it constituted a mining easement

on the fiscal estate to execute a project that has within its purpose

exploit lithium, a substance to which the plaintiff has no right and

which also affects the National Policy for Non-Metallic Mining and the

Governance of the Salares. Remember the content of article 19 N* 24 of the

Fundamental Charter, pointing out that the constituent not only recognizes and

ensures to all persons without distinction the right to property in all

their species and with all the attributes, but also contemplates

limitations, and in the present case, "the general interests of the nation" are

applies to the property with respect to which the plaintiff requests to establish an easement,

that the land requested is also useful and necessary for the execution

of the so-called "National Policy for Non-Metallic Mining and the

Governance of the Salt Flats", also called "Lithium Policy and the

Governance of the Salares", in compliance with which the State of

Chile the extraction and exploitation of lithium, adding arguments later

relating to the social function of property rights.

8%) Regarding these arguments -second and third- formulated by the

Chilean Treasury when appealing, insofar as the mining belongings of the plaintiff

were constituted on sodium chloride under the validity of the Code of

Mining of 1932, and therefore would lack the ownership to explore and

exploit lithium, along with arguments about the social function of the right to

property and the general interests of the nation, it should be noted that said

allegations have no opportunity as they have not been part of the

response to the claim.

In a recent judgment and on the same matter debated, the

excma. Supreme Court held the following:

Fourth: That the imperative that limits the jurisdictional pronouncement cannot

withdraw from the relevant writings of the process, that is, in the case of the plaintiff,

to the libel of his claim and that of the defendant, of his response to it,

according to what is established in numerals 4 of article 254 and 3

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of article 309, both of the Code of Civil Procedure, which constitutes a

postulate to which both the court and the parties in the

various procedural stages, in such a way that it weighs on the latter to limit

their claims submitted to the trial court, as well as the revisions

later that it intends, to the cause of request contained in these writings

essential.

Lor previously noted, is directly related

with what is regulated in articles 160 and 170 N* 6 of the same Code of

Alluded procedure. The first of these legal provisions

-considered as a positive expression of one of the formative principles or of the

process to which allusion has already been made, that of congruence - establishes that the

Judgments must be pronounced according to the merit of the same, and cannot

be extended to points that have not been expressly subjected to judgment by

the parties (except insofar as the laws authorize or allow to proceed ex officio).

The second of the aforementioned precepts, in line with the recently

transcribed, establishes that the operative segment of the sentence must

be limited to the matter in dispute, which encompasses all actions and

exceptions that have been asserted in court (Excma. Corte Suprema, Rol

N* 13.228-202?, judgment of April 5, 2023).

In this case, adhering to the limits of the discussion, the sentencer

accepted the claim in the terms set forth in the ruling, which she did

correctly if it is considered, on the one hand, that the applicant company

straightened its action of mining easement of occupation and transit in lands

fiscal for the exploitation, convenient and comfortable, of the concessions

mining "Kitchen 19 to 27", "Despreciada 6 and 7", "Salamina 1 to 3" and "San

Francisco de la 1 a la 10”, constituted under the validity of the Mining Code

from 1932, in the Salar de Maricunga, located in this Atacama region; in

Therefore, on the other hand, the Chilean Treasury supported the allegations contained in its

response, in the existence of a possible total or partial overlap of the

surface requested to be encumbered with the easement with respect to the area included

in a special contract for the operation of lithium deposits in the Salar de

Maricunga celebrated by the State of Chile with the Salar de

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Maricunga SpA.; on the need for the plaintiff to prove dominance

respective and justification of the lien that tries on fiscal lands

for the convenient and comfortable exploration and exploitation of its concessions

mining; and in the disproportion of hectares requested to be taxed with the properties

dominant. He also mentioned that lithium is a mining substance that since

1979 has been excluded from those granted, leaving its domain, exploration and

exploitation in the exclusive and exclusive property of the State of Chile,

recognizing that non-reportability is inapplicable to concessions

mining companies prior to 1979, without prejudice to the possible overlap indicated.

Then, the claims that by way of appeal are made by the Treasury of

Chile in the matter addressed in this reason, do not integrate the debate that the

parties delimited in this trial, which makes them questions or issues

strangers to the dispute submitted to the knowledge of the court and therefore not

can be dealt with by this Court of Appeal.

9%) As a fourth and last argument, the appellant alleges about the way in which

that the payment of the indemnity is ordered, since he understands that there is no

merit in the process to divide the payment into five installments, in addition to

be arbitrary, the reasoning of the court being incomplete, which affects

tax interests, when a lien is registered without the

has previously paid the amount of damages.

10%) In this regard, it is appropriate to take into account the provisions

in the first paragraph of article 123 of the Mining Code, which establishes

that:

The constitution of easements, their exercise and compensation

corresponding will be determined by agreement of the interested parties

in public deed, or by judicial resolution. May be agreed or resolved

Whether the compensation is paid all at once or on a periodic basis.

Notwithstanding the power granted by the transcribed article to the magistracy

to determine a periodic payment, it is understood by this Court of

Appeal that to make use of said power there must be a request from the

interested in this sense, since it does not follow from said legal text that this

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be an informal faculty, and in this case, once the claim has been reviewed, there is no

any request in its content.

However, it happens that the appeal brief also incurs a

omission, since although it is reproached about the payment in installments ordered by the

base court, as already stated, no application is made to its

regarding this Court, what is visible from the mere reading of the brief of

appeal, specifically in its petitioning part.

As is well known, in civil matters, in accordance with the provisions of Article

article 189 of the Code of Civil Procedure, the appeal as a general rule

must be written, must contain the factual and legal foundations in

which is supported, and must contain specific requests. On matter,

Maturana Miquel argues that:

An appeal brief contains concstraight, precise and clear

when the appellant indicates to the appellate court in which sense he should make the

modification and what is the resolution that is requested to be issued in replacement of the

first instance. Therefore, an appeal brief will not contain

specific requests if the appellant merely says to revoke the

decision appealed in a certain part, without expressing the statement sought

in substitution (Maturana, 2015:180)' .

Then, it happens that because of the shortcoming noted, in this aspect, the

appeal cannot be heard.

11%) On the background accompanied in second instance by the

parties, it should be noted that all those that deal with sentences

illustrative information that could be used to resolve this case, have

have been taken into account by this magistracy in appeal, as requested,

but without losing sight of the relative effect of the sentences; in regards

to the legal reports accompanied by the plaintiff, must

be to what is reasoned in the present sentence, especially in its motive

1 Maturana, C. (2015). The Resources of the Code of Civil Procedure in the Doctrine and the

Jurisprudence, Santiago, Thomson Reuters.

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8”); and with regard to the plan accompanied by the defendant, as well

as the files requested to bring to view, all of them fail to vary the

opinion and reasoning expressed in the preceding grounds.

For these considerations, cited legal norms and seen in addition, what

provided in articles 186 and following, IT IS DECLARED:

That the final judgment handed down dated

October twenty-eighth of two thousand and twenty-two, rectified on the twenty-eighth of

November of the same year, by the titular judge of the second court of letters

from Copiapó, Mrs. María Teresa Marabolí Vergara.

Sign up and check back.

This ruling was drafted trying to follow the recommendations

prepared by the working group “Justice and Clear Language: For the right

of the citizen to understand Justice”? of the XVII Judicial Summit

Ibero-American, disseminated to the judiciary of our country by the Commission

Clear Language of the Chilean Judiciary (available at

https://vww.pjud.cl/documentacion).

Drafted by Minister Aída Inés Osses Herrera.

Civil role No. 566-2022.

Aida Inés Osses Herrera Rodrigo Miguel Cid Mora

MINISTER MINISTER

Date: 05/10/2023 15:15:03 Date: 05/10/2023 15:10:20

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Pronounced by the First Chamber of the Court of Appeals of Copiapó made up of the Ministers, the Minister

Mrs. Aida Inés Osses Herrera, Minister Mrs. Marcela Araya Novoa and Minister (I) Mr. Rodrigo Cid Mora. No

Mrs. Minister Araya signs, despite having attended her sight and her agreement, for being absent with Permission

347 of the Organic Code of Courts. Copiapó, May 10, two thousand twenty-three

In Copiapo, on May 10, 2023, I notified the Secretariat for the Daily State of the resolution

preceding.