Declaration Determining That Real Estate Transferred to the Government of Baja California Sur Reverts to the Federal Heritage

DOF: 21/03/2024

DECLARATION determining that the real estate that was transferred to the Government of the State of Baja California Sur, through Deed of Donation and Transmission of Possessory Rights number CD Y TDP reverts to the federal heritage.

At the margin, a seal with the National Coat of Arms, which says: United Mexican States.- FINANCE.- Ministry of Finance and Public Credit.- Institute of Administration and Appraisal of National Assets.- D.R.-016/2024.

DECLARATION determining that the real estate that was transferred to the Government of the State of Baja California Sur, through Deed of Donation and Transmission of Possessory Rights number CD Y TDP.- 2006 002 dated February 20, 2006, reverts to the federal heritage.

VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS, President of the Institute of Administration and Appraisal of National Assets, an Administrative Body Decentralized from the Ministry of Finance and Public Credit, based on what is established in articles 1, 2 paragraph I, 17, 26, 31 paragraphs XXIX and XXX of the Organic Law of the Federal Public Administration; 2 paragraphs II and IV, 29 paragraphs I and XV, 93 second paragraph, 94 second paragraph and 101 paragraph IV of the General Law of National Assets; 4 Section G, paragraph V, 48 and 49 of the Internal Regulations of the Ministry of Finance and Public Credit; 1, 3 paragraph X, 4 paragraph I, subsection a) and 6 paragraphs XXVI and XXXIII of the Regulations of the Institute of Administration and Appraisal of National Assets; deem it appropriate to issue this declaration, taking into account the following:

CONSIDERATIONS

FIRST.- That by Presidential Decree published in the Official Gazette of the Federation on January 28, 1998, the real estate forming part of the federal heritage that had been used by the Ministry of Health for the provision of its services to the population in primary care units, hospitals, administrative offices, warehouses and auxiliary services, were declassified from the public domain regime of the Federation, and authorization was granted to then the Ministry of Comptroller and Administrative Development, to donate them on behalf and representation of the Federal Government in favor of the Government of the State where they are located, so that they would continue to be used for the same purpose.

SECOND.-

That through Deed of Donation and Transmission of Possessory Rights number CD Y TDP.- 2006 002 dated February 20, 2006, registered in the Federal Property Registry under Folio Numbers 95061, 13437/1, 24872/1, 22853/1, 22439/1, 14578/1, 36162/1, 24848/1, 31636/1, 22438/1, 35959/1 and 36412/1 dated January 26, 2010, the Federal Government formalized the actions for the transfer of real estate assets in favor of the Government of the State of Baja California Sur, transmitting free of charge the ownership and possessory rights as owner of 117 real estate properties, under the commitment to dedicate them to the provision of public health services and related activities.

THIRD.- That on May 29, 2023, the "Decree reforming, adding and repealing various provisions of the General Health Law to regulate the Health System for Wellbeing" was published in the Official Gazette of the Federation, which stated verbatim:

"...

Article 7th.- ...

For the purposes of what is provided in the previous paragraph, Health Services of the Mexican Social Security Institute for Wellbeing (IMSS-WELLBEING) will collaborate with the Ministry of Health regarding the free provision of health services, medications and other associated supplies required by people without social security, within the framework of the Health System for Wellbeing referred to in Title Third Bis of this Law, for the purposes specified in this Law.

...

Article 18.- ...

The Federation through the Health Services of the Mexican Social Security Institute for Wellbeing (IMSS-WELLBEING) and in accordance with applicable legal provisions will propose the celebration of coordination agreements with the governments of the federative entities in matters of provision of the services referred to in paragraphs II and II Bis of article 3rd of this Law.

Article 19.- The Federation and the governments of the federative entities, in accordance with applicable legal provisions, will contribute the material, human and financial resources necessary for the operation of general sanitation services, which are included in the agreements and coordination agreements celebrated for that effect, in accordance with the previous article.

...

Article 77 bis 6. Health Services of the Mexican Social Security Institute for Wellbeing (IMSS-WELLBEING) and the federative entities may celebrate coordination agreements for the execution of the free provision of health services, medications and other associated supplies for people without social security.

...

Article 77 bis 35.- The decentralized public body Health Services of the Mexican Social Security Institute for Wellbeing (IMSS-WELLBEING) is the health institution of the Mexican State responsible for the free provision of health services, medications and other associated supplies for the comprehensive attention of persons who do not have affiliation with social security institutions, in the case of concurrence with the federative entities, regardless of the health services provided by other public or private institutions.

...

FOURTH.- With the aim of contributing to the free provision of health services, medications and other associated supplies required by people without social security, the Government of the State of Baja California Sur celebrated a Coordination Agreement that establishes the form of collaboration in matters of personnel, infrastructure, equipment, medications and other associated supplies, for the free provision of health services, for people without social security, with the Ministry of Health, the Mexican Social Security Institute and Health Services of the Mexican Social Security Institute for Wellbeing (IMSS-WELLBEING) dated June 20, 2023 (Coordination Agreement), having as its object to establish the commitments to which the parties will be subject for the transfer, published on August 24, 2023 in the Official Gazette of the Federation.

FIFTH.- That contract number CD Y TDP.- 2006 002, in its third clause, established, verbatim, the following: "IN THE EVENT THAT THE DONEE DOES NOT USE THE REAL ESTATE PROPERTIES WHOSE OWNSHIP IS TRANSFERRED TO THEM, DEDICATES THEM TO A USE DIFFERENT FROM THAT FORESEEN IN THE PRESIDENTIAL DECREE REFERRED TO IN DECLARATION I.3, WITHOUT PRIOR AUTHORIZATION FROM THE MINISTRY OF PUBLIC FUNCTION, OR IF IT CEASES TO USE OR NEED THEM WITHIN A TERM OF TWELVE MONTHS, THE REAL ESTATE WILL REVERT PHYSICALLY AND LEGALLY, WITH ALL ITS IMPROVEMENTS AND ACCESSIONS, TO THE HERITAGE OF THE FEDERAL GOVERNMENT."

SIXTH.- That through letter number 031/2024 dated February 23, 2024 and unsigned letter dated March 14, 2024, the Governor of the State of Baja California Sur and the Secretary of Health and General Director of the Institute of Health Services of Baja California Sur, inform that that Federative Entity has determined that the 37 real estate properties added in annex 1 of this declaration are no longer necessary for it, since according to the reform to the General Health Law, IMSS-WELLBEING will plan, organize and orient actions for the free provision of health services, medications and other associated supplies, in the Federative Entities that have celebrated a Coordination Agreement.

SEVENTH.- That inasmuch as the Government of the State of Baja California Sur will not require using the real estate subject matter of this declaration for the purposes for which they were transferred in the contract described in Consideration Second and in the Decree indicated in Consideration First, the cause for reversion provided for in the third clause and article three, of the instruments referred to, respectively, in concordance with the second paragraph of article 93 of the General Law of National Assets, has been fulfilled.

EIGHTH.- That taking into consideration the statements made by the Government of the State of Baja California Sur, from which its express consent derives, it is appropriate to issue this declaration of reversion, without it being necessary to substantiate the administrative procedure referred to in articles 108 to 112 of the General Law of National Assets, relating to the recovery of ownership and possession of the real estate alienated free of charge, being full responsibility of the Government of the State of Baja California Sur the lack of truthfulness and/or inconsistency of the information provided for the issuance of this present Declaration.

Based on article 9 paragraph XIV of the Regulations of the Institute of Administration and Appraisal of National Assets, the Legal Unit issued an opinion proceeding regarding this declaration of reversion; therefore, based on the considerations referred to, I have deemed it appropriate to issue the following:

D E C L A R A T I O N

FIRST.- It is declared that the real estate listed in annex 1 of this declaration, which were transferred through Deed of Donation and Transmission of Possessory Rights number CD Y TDP.- 2006 002 dated February 20, 2006 in favor of the Government of the State of Baja California Sur, revert to the heritage of the Federation, for the reasons exposed and founded in the considerations of this instrument, in compliance with the Reform of the General Health Law, published in the Official Gazette of the Federation on May 29, 2023, provided that they are not in the situations of Declarations Second, Third, Fourth and Fifth of this one.

SECOND.- Real estate subject matter of the donation contract described in Consideration Second that are not listed in annex 1 of this present are excluded from this declaration of reversion.

THIRD.- The real estate subject matter of the Deed of Donation and Transmission of Possessory Rights described in Consideration Second, which are in social property, are excluded from this declaration.

FOURTH.- The real estate from which the Federal Government has transmitted Possessory Rights and the Government of the State of Baja California Sur has obtained the title of ownership in its favor are excepted from this declaration of reversion, regarding which that State Government must carry out the corresponding procedures to transmit the ownership in favor of the Mexican Social Security Institute for Wellbeing (IMSS-WELLBEING).

FIFTH.- In the event that there are real estate listed in annex 1 that do not form part of contract number CD Y TDP.- 2006 002, they will be excluded from this declaration.

SIXTH.- That in the event that there are debts for taxes or contributions and services, regarding the real estate that revert in this declaration, the Government of the State of Baja California Sur undertakes to cover them, freeing the Institute of Administration and Appraisal of National Assets from any responsibility.

SEVENTH.- That the Mexican Social Security Institute for Wellbeing (IMSS-WELLBEING) has full knowledge of the physical, legal and administrative situation of each of the real estate subject matter of this reversion, therefore it commits to materializing its conclusion, given that it will begin to use them for the free provision of health services, medications and other associated supplies, in the Federative Entities that have celebrated a Coordination Agreement.

EIGHTH.- The Government of the State of Baja California Sur must integrate the files of the real estate that are reverted in this act.

NINTH.- This declaration constitutes the title of ownership of the Federation regarding the real estate subject matter of the aforementioned reversion.

TENTH.- Publish this declaration in the Official Gazette of the Federation and register it in the Federal Property Registry and in the Public Property Registry corresponding to the location of the reverted assets.

This declaration of reversion will take effect the day after its publication in the Official Gazette of the Federation.

Mexico City, on the 14th day of the month of March 2024.- President of the Institute of Administration and Appraisal of National Assets, Víctor Julián Martínez Bolaños .- Rubric.

ANNEX CORRESPONDING TO THE DECLARATION D.R.- 016 /2024

Determining that the real estate that was transferred to the Government of the State of Baja California Sur, through Deed of Donation and Transmission of Possessory Rights number CD Y TDP.- 2006 002 dated February 20, 2006, which can be consulted at the following electronic addresses:

AVAILABLE CONSULTATION ON THE WEBSITE OF THE INSTITUTE OF ADMINISTRATION AND APPRAISAL OF NATIONAL ASSETS (INDAABIN)

https://www.gob.mx/cms/uploads/attachment/file/903647/Listado_inmuebles__37__Baja_California_Sur.pdf

AVAILABLE CONSULTATION ON THE WEBSITE OF THE OFFICIAL GAZETTE OF THE FEDERATION (DOF)

www.dof.gob.mx/2024/SHCP/Declaratoria_ BajaCaliforniaSur .pdf

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