Declaratory Determining Reversion to the Federal Estate of Real Estate Transferred to the Government of the State of Michoacán de Ocampo

DOF: 21/03/2024

DECLARATORY determining that the real estate that was transferred to the Government of the State of Michoacán de Ocampo, through Donation and Cession of Possessory Rights Contract number CD Y CDP, reverts to the Federal Estate.

A seal bearing the National Coat of Arms, which reads: United Mexican States.- TREASURY.- Ministry of Finance and Public Credit.- Institute of Administration and Appraisal of National Assets.- D.R.-023/2024.

DECLARATORY determining that the real estate that was transferred to the Government of the State of Michoacán de Ocampo, through Donation and Cession of Possessory Rights Contract number CD Y CDP.- 2001 004 dated November 1, 2001, reverts to the Federal Estate.

VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS, President of the Institute of Administration and Appraisal of National Assets, a decentralized administrative body of the Ministry of Finance and Public Credit, based on the provisions of Articles 1, 2, fraction I, 17, 26, 31, fractions XXIX and XXX of the Organic Law of the Federal Public Administration; 2, fractions II and IV, 29, fractions I and XV, 93, second paragraph, 94, second paragraph, and 101, fraction IV of the General Law of National Assets; 4, Section G, fraction V, 48, and 49 of the Internal Regulations of the Ministry of Finance and Public Credit; 1, 3, fraction X, 4, fraction I, subsection a), and 6, fractions XXVI and XXXIII of the Regulations of the Institute of Administration and Appraisal of National Assets; deem it appropriate to issue this declaratory, 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 estate, which had been used by the Ministry of Health for the provision of its services to the population in first-level units, hospitals, administrative offices, warehouses, and auxiliary services, was deincorporated from the public domain regime of the Federation, and the then Ministry of Comptroller and Administrative Development was authorized to, on behalf and in representation of the Federal Government, donate them to the Government of the State where they are located, so that they would continue to be used for the same purpose.

SECOND.-

That through Donation and Cession of Possessory Rights Contract number CD Y CDP.- 2001 004 dated November 1, 2001, registered in the Federal Property Registry under Real Folio numbers 9037, 9117, 9122, 29113, 30205, 31953, 31954, 32317, 33479, 33675, 33676, 38403, and 61759 dated December 4, 2001, the Federal Government formalized the actions of transfer of real estate in favor of the Government of the State of Michoacán de Ocampo, granting ownership and possessory rights as owner of 211 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 as follows:

" ...

Article 7.- ...

For the purposes of the foregoing, Health Services of the Mexican Institute of Social Security for Wellbeing (IMSS-BIENESTAR) 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 Institute of Social Security for Wellbeing (IMSS-BIENESTAR) and in accordance with applicable legal provisions, will propose the celebration of coordination agreements with the governments of the federative entities regarding the provision of services referred to in fractions II and II Bis of Article 3 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 health services, which are included in the agreements and coordination agreements celebrated for this purpose, in accordance with the previous article.

...

Article 77 bis 6. Health Services of the Mexican Institute of Social Security for Wellbeing (IMSS-BIENESTAR) 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 Institute of Social Security for Wellbeing (IMSS-BIENESTAR) is the health institution of the Mexican State responsible for the free provision of health services, medications, and other associated supplies for the comprehensive care of people who do not have affiliation with social security institutions, in the case of concurrence with the federative entities, independent of the health services provided by other public or private institutions.

...

FOURTH.- In order to contribute to the free provision of health services, medications, and other associated supplies required by people without social security, the Government of the State of Michoacán de Ocampo 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 Institute of Social Security, and Health Services of the Mexican Institute of Social Security for Wellbeing (IMSS-BIENESTAR) dated August 18, 2023 (Coordination Agreement), having as its objective to establish the commitments to which the parties will be subject for the transfer, published on November 13, 2023, in the Official Gazette of the Federation.

FIFTH.- That contract number CD Y CDP.- 2001 004, in its third clause, established, literally, as follows: " 'THE DONEE' ACCEPTS THE FREE DONATION OF THE OWNERSHIP AND OF THE POSSESSORY RIGHTS CEDED BY 'THE DONOR' WITH RESPECT TO THE REAL ESTATE MENTIONED IN THE PREVIOUS CLAUSE, ACCEPTANCE WHICH IS CONFIRMED WITH THE SIGNING OF THIS INSTRUMENT, ALSO EXPRESSING THAT IT ACCEPTS THE REAL ESTATE IN THE MATERIAL CONDITIONS IN WHICH THEY ARE CURRENTLY AND COMMITS TO DEDICATING THEM TO THE PROVISION OF PUBLIC HEALTH SERVICES AND RELATED ACTIVITIES."

SIXTH.- That through official letter number 5009/2024 18882 dated March 14, 2024, the Head of the Office of the Ministry of Health and of the General Directorate of Health Services of Michoacán de Ocampo, informs that this Federative Entity has determined that the 397 real estate properties added in annex 1 of this declaratory are no longer necessary to it, since in accordance with the reform to the General Health Law, IMSS-BIENESTAR will plan, organize, and direct 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 Michoacán de Ocampo will not require using the real estate subject to this declaratory 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 3 of the referred instruments, 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 Michoacán de Ocampo, from which its express consent derives, it is appropriate to issue this declaratory of reversion, without it being necessary to process the administrative procedure referred to in Articles 108 to 112 of the General Law of National Assets, relating to the recovery of the ownership and possession of the real estate alienated free of charge, with the full responsibility of the Government of the State of Michoacán de Ocampo for the lack of truthfulness and/or inconsistency of the information provided for the issuance of this Declaratory.

Based on Article 9, fraction XIV of the Regulations of the Institute of Administration and Appraisal of National Assets, the Legal Unit issued an opinion deeming the present declaratory of reversion procedent; therefore, based on the considerations referred to, I have deemed it appropriate to issue the following:

DECLARATORY

FIRST.- It is declared that of the real estate listed in annex 1 of this declaratory, which were transferred through Donation and Cession of Possessory Rights Contract number CD Y CDP.- 2001 004 dated November 1, 2001, in favor of the Government of the State of Michoacán de Ocampo, they revert to the Federal Estate, for the reasons set forth 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 circumstances of the Second, Third, Fourth, and Fifth Declaratories of this instrument.

SECOND.- The real estate subject to the donation contract described in Consideration Second that are not listed in annex 1 of this declaratory are excluded from this declaratory of reversion.

THIRD.- The real estate subject to the Donation and Cession of Possessory Rights Contract described in Consideration Second, which are in social property, are excluded from this declaratory.

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

FIFTH.- In the event that real estate listed in annex 1 do not form part of contract number CD Y CDP.- 2001 004, they will be excluded from this declaratory.

SIXTH.- In the event that there are debts for taxes or contributions and services, regarding the real estate that revert in this declaratory, the Government of the State of Michoacán de Ocampo undertakes to cover them, freeing the Institute of Administration and Appraisal of National Assets from any responsibility.

SEVENTH.- That the Mexican Institute of Social Security for Wellbeing (IMSS-BIENESTAR) has full knowledge of the physical, legal, and administrative situation of each of the real estate subject to this reversion, and therefore commits to materializing its conclusion, as 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 Michoacán de Ocampo must integrate the files of the real estate that are reverted in this act.

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

TENTH.- Publish this declaratory 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 declaratory of reversion will take effect the day following its publication in the Official Gazette of the Federation.

Mexico City, on the 15th 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 DECLARATORY D.R.- 023 /2024

Determining that the real estate that was transferred to the Government of the State of Michoacán de Ocampo, through Donation and Cession of Possessory Rights Contract number CD Y CDP.- 2001 004 dated November 1, 2001, reverts to the Federal Estate, 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/903707/Listado_inmuebles__397__Michoacan_de_Ocampo.pdf

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

www.dof.gob.mx/2024/SHCP/Declaratoria_Michoacan.pdf

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