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

DOF: 21/03/2024

DECLARATORY determining that the real estate that was transferred to the Government of the State of Quintana Roo, 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

Treasury and Public Credit.- Institute of Administration and Appraisal of National Assets.- D.R.-011/2024.

DECLARATORY determining that the real estate that was transferred to the Government of the State of Quintana Roo, through Deed of Donation and Transmission of Possessory Rights number CD Y TDP.- 2012 001 dated August 30, 2012, 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; deems 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 for the provision of its services to the population in primary care units, hospitals, administrative offices, warehouses and auxiliary services, were deincorporated from the public domain regime of the Federation, and the then Ministry of Comptroller 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 Deed of Donation and Transmission of Possessory Rights number

CD Y

TDP.- 2012 001 dated August 30, 2012, registered in the Federal Property Registry under Real Folio numbers 143799, 9548/1, 9557/1, 9556/1, 9555/1, 35019/1, 9550/1, 35020/1, 9553/1, 9552/ 1, 35018/1, 9554/1, 9551/1, 9559/1, 42153/1, 34990/1 and 9558/1 dated February 12, 2013, the Federal Government gratuitously transferred the ownership and possessory rights of 87 real estate properties, with the obligation that the real estate continue to be used in the provision of health services, otherwise they will revert to the Federal Estate.

THIRD.- That on May 29, 2023, the "Decree by which various provisions of the General Health Law are reformed, added and repealed, to regulate the Health System for Well-being" was published in the Official Gazette of the Federation, which stated verbatim:

" ...

Article 7.- ...

For the purposes of the foregoing, Health Services of the Mexican Social Security Institute for Well-being (IMSS-WELL-BEING) 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 Well-being 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 Well-being (IMSS-WELL-BEING) 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 Social Security Institute for Well-being (IMSS-WELL-BEING) 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 Social Security Institute for Well-being (IMSS-WELL-BEING) 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, regardless 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 Quintana Roo 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 Social Security Institute, Health Services of the Mexican Social Security Institute for Well-being (IMSS-WELL-BEING) 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 29, 2023 in the Official Gazette of the Federation.

FIFTH.- That contract number CD Y TDP.- 2012 001, in its first and third clauses, established, verbatim, the following: "FIRST.- ... with the obligation that the real estate continue to be used in the provision of health services, otherwise they will revert to the Federal Estate." and "THIRD.- In the event that "THE DONEE" does not use the real estate whose ownership and possession are donated and transmitted to it, and directs it to a use different from that provided for in the Presidential Decree referred to in declaration I.3, contrary to what is provided in the first clause of this contract or when, without prior authorization from the Ministry of Public Function, it ceases to use it or needs it within a term of twelve months, the real estate will physically and legally revert, with all its improvements and accessions, to the estate of the Federal Government."

SIXTH.- That through letters numbers 009/2024, 050/2024, SES/DDG/0434/I/2024, SES/DDG/0487/III/ 2024 and SES/DDG/0488/III/2024 dated January 16, the second and third of March 4, and the last two of March 12, all of 2024, the Governor of the State of Quintana Roo and the Secretary of Health and General Director of the State Health Services, respectively, inform that this Federative Entity has determined that the 87 real estate properties added in annex 1 of this declaratory are no longer necessary, since according to the reform to the General Health Law, IMSS-WELL-BEING 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 inasmuch as the Government of the State of Quintana Roo will not need to use the real estate subject of 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 clauses first and 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 Quintana Roo, 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 the ownership and possession of the real estate alienated gratuitously, being the full responsibility of the Government of the State of Quintana Roo 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 Deed of Donation and Transmission of Possessory Rights number

CD Y

TDP.- 2012 001 dated August 30, 2012 in favor of the Government of the State of Quintana Roo, they revert to the estate of the Federation, 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 of the donation contract described in Consideration Second

that are not listed in annex 1 of this one are excluded from this declaratory of reversion.

THIRD.- The real estate subject of the Deed of Donation and Transmission of Possessory Rights described in Consideration Second, that are in social ownership, 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 Quintana Roo has obtained the title of ownership in its favor, with respect to which that State Government must carry out the corresponding procedures to transmit the ownership in favor of the Mexican Social Security Institute for Well-being (IMSS-WELL-BEING), are excepted from this declaratory of reversion.

FIFTH.- In the event that real estate listed in annex 1 do not form part of contract number CD Y TDP.- 2012 001, they will be excluded from this declaratory.

SIXTH.- That in the event that there are debts for taxes or contributions and services, with respect to the real estate that revert in this declaratory, the Government of the State of Quintana Roo undertakes to cover them, releasing the Institute of Administration and Appraisal of National Assets from any responsibility.

SEVENTH.- That the Mexican Social Security Institute for Well-being (IMSS-WELL-BEING) has full knowledge of the physical, legal and administrative situation of each of the real estate subject of this reversion, therefore it commits to materializing its conclusion, since 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 Quintana Roo 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 with respect to the real estate subject of 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 properties.

This declaratory 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 DECLARATORY D.R.- 011 /2024

By which it is determined that the real estate that was transferred to the Government of the State of Quintana Roo, through Deed of Donation and Transmission of Possessory Rights number CD Y TDP.- 2012 001 dated August 30, 2012, 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/903652/Listado_inmuebles__87__Quintana_Roo.pdf

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

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

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