2024-03-21 | DOF 5720889Added · Updated
The Institute of Administration and Appraisal of National Assets declares that 11 real estate properties previously transferred to the Government of the State of Campeche revert to the Federal Estate due to non-use for their intended public health purpose. The State of Campeche is obligated to settle any outstanding taxes, contributions, or service debts associated with these properties and to integrate the corresponding files. The Mexican Institute of Social Security for Welfare (IMSS-BIENESTAR) assumes responsibility for the physical, legal, and administrative status of the properties to utilize them for free healthcare services.
DOF: 21/03/2024
DECLARATORY determining that the real estate that was transferred to the Government of the State of Campeche, through Donation and Transmission of Possessory Rights Contract number CD Y TDP, reverts to the Federal Estate.
At the margin, a seal with the National Coat of Arms, which reads: United Mexican States.- TREASURY.- Ministry of
Treasury and Public Credit.- Institute of Administration and Appraisal of National Assets.- D.R.-007/2024.
DECLARATORY determining that the real estate that was transferred to the Government of the State of Campeche, through Donation and Transmission of Possessory Rights Contract number CD Y TDP.- 2005 005 dated September 05, 2005, 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 Treasury 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 Treasury 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 to provide 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 Comptrollership and Administrative Development was authorized to donate them on behalf and representation of the Federal Government 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 Transmission of Possessory Rights Contract number
CD
Y TDP.- 2005 005, dated September 05, 2005, registered in the Federal Property Registry under Real Folio numbers 89958/1, 4859/2, 4879/3, 34622/2, 26602/2, 22352/2, and 35523/2 dated May 23, 2006, the Federal Government formalized the transfer actions of real estate in favor of the Government of the State of Campeche, granting the free donation of ownership and the Transmission of Possessory Rights of 92 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 Welfare" was published in the Official Gazette of the Federation, which stated as follows:
" ...
Article 7.- ...
For the purposes of the preceding paragraph, Health Services of the Mexican Institute of Social Security for Welfare (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 Welfare 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 Welfare (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 Welfare (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 Welfare (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 Campeche 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, Health Services of the Mexican Institute of Social Security for Welfare (IMSS-BIENESTAR) dated August 11, 2023 (Coordination Agreement), having as its object to establish the commitments to which the parties will be subject for the transfer, published on November 28, 2023, in the Official Gazette of the Federation.
FIFTH.- That Contract number CD Y TDP.- 2005 005, dated September 05, 2005, in its third clause established, literally, the following: "IN THE EVENT THAT 'THE DONEE' DOES NOT USE THE REAL ESTATE WHOSE OWNERSHIP IS TRANSFERRED TO IT, DEDICATES IT TO A USE DIFFERENT FROM THAT FORESEEN IN THE PRESIDENTIAL DECREE, TO WHICH DECLARATION I.3 REFERS, WITHOUT PRIOR AUTHORIZATION FROM THE MINISTRY OF PUBLIC FUNCTION, OR IF IT CEASES TO USE OR NEED IT WITHIN A TERM OF TWELVE MONTHS, THE REAL ESTATE WILL REVERT PHYSICALLY AND LEGALLY, WITH ALL ITS IMPROVEMENTS AND ACCESIONS, TO THE ESTATE OF THE FEDERAL GOVERNMENT."
SIXTH.- That through official letter number SAFIN03/SSAyF/DGPySG/DCP/0318/2024 dated January 16, 2024, the Undersecretary of Administration and Finance, in substitution of the Head of the Ministry of Administration and Finance of the State of Campeche, informed that that Federative Entity has determined that the 11 real estate properties added in annex 1 of this declaratory are no longer necessary, since in accordance with the reform to the General Health Law, IMSS-BIENESTAR 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 Campeche 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 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 Campeche, from which its express consent derives, it is appropriate to issue this declaratory 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, regarding the recovery of ownership and possession of the real estate alienated gratuitously, being the full responsibility of the Government of the State of Campeche the lack of veracity 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 appropriate; therefore, based on the considerations referred to, I have deemed it appropriate to issue the following:
D E C L A R A T O R Y
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 TDP.-
2005 005, dated September 05, 2005, in favor of the Government of the State of Campeche, 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 instrument are excluded from this reversion declaratory.
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 Campeche has obtained the title of ownership in its favor are excepted from this reversion declaratory, 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 Welfare (IMSS-BIENESTAR).
FIFTH.- In the event that real estate listed in annex 1 do not form part of Contract number CD Y TDP.- 2005 005, they will be excluded from this declaratory.
SIXTH.- In the event that there are debts for taxes, contributions, and services regarding the real estate that revert in this declaratory, the Government of the State of Campeche is obligated to pay them, releasing the Institute of Administration and Appraisal of National Assets from any responsibility.
SEVENTH.- That the Mexican Institute of Social Security for Welfare (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 Campeche 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 reversion in question.
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 reversion declaratory 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.- Signature.
ANNEX CORRESPONDING TO THE DECLARATORY D.R.- 007 /2024
Determining that the real estate that was transferred to the Government of the State of Campeche, through Donation and Transmission of Possessory Rights Contract number CD Y TDP.- 2005 005 dated September 05, 2005, 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/903645/Listado_inmuebles__11__Campeche.pdf
AVAILABLE CONSULTATION ON THE WEBSITE OF THE OFFICIAL GAZETTE OF THE FEDERATION (DOF)
www.dof.gob.mx/2024/SHCP/Declaratoria_ Campeche .pdf
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