Declaratory Determining Reversion to the Federal Estate of Real Estate Transferred to the Government of the State of Oaxaca

DOF: 21/03/2024

DECLARATORY by which it is determined that the real estate that was transferred to the Government of the State of Oaxaca, through Deed of Donation and Transmission of Possessory Rights 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 Finance and Public Credit.- Institute of Administration and Appraisal of National Assets.- D.R.-003/2024.

DECLARATORY by which it is determined that the real estate that was transferred to the Government of the State of Oaxaca, through Deed of Donation and Transmission of Possessory Rights number CD Y TDP.- 2005 004 dated August 16, 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 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; Articles 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; Articles 4, Section G, fraction V, 48, and 49 of the Internal Regulations of the Ministry of Finance and Public Credit; Articles 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:

CONSIDERING

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 primary care units, hospitals, administrative offices, warehouses, and auxiliary services, was declassified from the public domain regime of the Federation. The then Ministry of Comptroller and Administrative Development was authorized to donate them on behalf and in 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 Deed of Donation and Transmission of Possessory Rights number CD Y TDP.- 2005 004, dated August 16, 2005, registered in the Federal Public Property Registry under Real Folio numbers 89207/1, 30980/2, 9342/2, 11576/2, 9331/2, 9338/2, 9337/2, 9343/2, 11573/2, 9341/2, 9345/2, 9228/2, 9339/2, 9340/2, 10142/2, 11574/2, 9346/2, and 11572/2 dated September 7, 2005, the Federal Government formalized the transfer actions of real estate in favor of the Government of the State of Oaxaca, granting the free donation of ownership and the Transmission of Possessory Rights of 246 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 by which various provisions of the General Health Law are reformed, added to, and repealed to regulate the Health System for Wellbeing" was published in the Official Gazette of the Federation, which stated literally as follows:

" ...

Article 7.- ...

For the purposes of what is provided in the previous paragraph, 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, medicines, 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, medicines, 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, medicines, 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, medicines, and other associated supplies required by people without social security, the Government of the State of Oaxaca celebrated a Coordination Agreement that establishes the form of collaboration in matters of personnel, infrastructure, equipment, medicines, 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 Wellbeing (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 in the Official Gazette of the Federation on November 28, 2023.

FIFTH.- That contract number CD Y TDP.- 2005 004, dated August 16, 2005, in its third clause established, literally, the following: "IN THE EVENT THAT 'THE DONEE' DOES NOT USE THE REAL ESTATE WHOSE OWNSHIP IS TRANSMITTED TO IT, DOES NOT DEDICATE IT TO A USE DIFFERENT FROM THAT PROVIDED IN THE PRESIDENTIAL DECREE, TO WHICH REFERENCE IS MADE IN DECLARATION I.3, AGAINST WHAT IS PROVIDED IN CLAUSE FIRST OF THIS CONTRACT, 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 letters numbers CJALGE/055/01/2024 and GU/TPEEO/15-03/2024 dated February 21 and March 3, both in 2024, the Legal Counsel of the Government of the State of Oaxaca and the Constitutional Governor of the Free and Sovereign State of Oaxaca respectively, informed that that Federative Entity has determined that the real estate 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, medicines, and other associated supplies, in the Federative Entities that have celebrated a Coordination Agreement.

SEVENTH.- That in view of the fact that the Government of the State of Oaxaca 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 clause third and article third 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 Oaxaca, 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, regarding the recovery of ownership and possession of the real estate alienated gratuitously, with the Government of the State of Oaxaca bearing full responsibility 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 appropriate; 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 Deed of Donation and Transmission of Possessory Rights number CD Y TDP.- 2005 004, dated August 16, 2005, in favor of the Government of the State of Oaxaca, 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 one.

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 reversion declaratory.

THIRD.- The real estate subject to the Deed of Donation and Transmission of Possessory Rights 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 Oaxaca 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 Wellbeing (IMSS-BIENESTAR).

FIFTH.- In the event that real estate listed in annex 1 do not form part of contract number CD Y TDP.- 2005 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 Oaxaca undertakes to cover them, releasing 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, medicines, and other associated supplies, in the Federative Entities that have celebrated a Coordination Agreement.

EIGHTH.- The Government of the State of Oaxaca 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 Public Property Registry and in the Public Property Registry corresponding to the location of the reverted assets.

This reversion declaratory will take effect the day following 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 DECLARATORY D.R.- 003 /2024

By which it is determined that the real estate that was transferred to the Government of the State of Oaxaca, through Deed of Donation and Transmission of Possessory Rights number CD Y TDP.- 2005 004 dated August 16, 2005, 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/903688/Listado_inmuebles_Oaxaca.pdf

AVAILABLE CONSULTATION ON THE WEBSITE OF THE OFFICIAL GAZETTE OF THE FEDERATION (DOF) www.dof.gob.mx/2024/SHCP/Declaratoria_ Oaxaca .pdf

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