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

DOF: 21/03/2024

DECLARATORY by which it is determined that the real estate that was transferred to the Government of the State of Chiapas, through Donation and Cession of Possessory Rights Contract number CD Y CDP, reverts to the Federal Estate.

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.-009/2024.

DECLARATORY by which it is determined that the real estate that was transferred to the Government of the State of Chiapas, through Donation and Cession of Possessory Rights Contract number CD Y CDP.- 2002 003 dated July 11, 2002, 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 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 Donation and Cession of Possessory Rights Contract number CD Y

CDP.- 2002 003 dated July 11, 2002, registered in the Federal Property Registry under Real Folio numbers 80533, 34234, 5421, 34233, 5415, 5423, 5419, 5422, 20585, and 36367 dated July 22, 2004, the Federal Government formalized the transfer actions of real estate in favor of the Government of the State of Chiapas, granting the free donation of ownership and the cession of possessory rights of 291 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, and repealed 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 preceding 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 event 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 Chiapas 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 June 22, 2023 (Coordination Agreement), with the object of establishing 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 CDP.- 2002 003, in its fourth clause, established, literally, the following: "IN THE EVENT THAT 'THE DONEE' DOES NOT USE THE REAL ESTATE WHOSE OWNERSHIP AND POSSESSION ARE DONATED, DEDICATES THEM TO A USE DIFFERENT FROM THAT PROVIDED IN THE PRESIDENTIAL DECREE REFERRED TO IN DECLARATION I.3, AGAINST WHAT IS PROVIDED IN CLAUSE FIRST OF THIS CONTRACT, OR WITHOUT PRIOR AUTHORIZATION FROM THE MINISTRY OF COMPTROLLER AND ADMINISTRATIVE DEVELOPMENT, WHEN IT CEASES TO USE OR NEED THEM IN A TERM OF TWELVE MONTHS, THE REAL ESTATE WILL TOTAL OR PARTIALLY REVERT PHYSICALLY AND LEGALLY, WITH ALL ITS IMPROVEMENTS AND ACCESIONS, TO THE ESTATE OF THE FEDERAL GOVERNMENT. "

SIXTH.- That through letters number OG/0004/2024, DG/SAJ/DNC/120/2024, and IS/DG/SAJ/DNC/089/ 2024 dated January 17, 1, and March 13, all of 2024, respectively, the first signed by the Constitutional Governor of the State of Chiapas, and the subsequent two by the Person in Charge of the Ministry of Health and the General Directorate of the Health Institute of that Federative Entity, it is informed that it has determined that the 245

real estate properties attached in annex 1 of this declaratory are no longer necessary to it, since according to the reform to the General Health Law, IMSS-BIENESTAR will plan, organize, and orient 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 Chiapas 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 fourth 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 Chiapas, 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 free of charge, being the full responsibility of the Government of the State of Chiapas 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:

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.-

2002 003 dated July 11, 2002 in favor of the Government of the State of Chiapas, 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 situations of the Second, Third, Fourth, and Fifth Declaratories of the present.

SECOND.- The real estate subject to the donation contract described in Consideration Second

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

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

FOURTH.- The real estate from which the Federal Government has ceded the Possessory Rights and the Government of the State of Chiapas 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 CDP.- 2002 003, 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

Chiapas is obligated 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 the present

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 Chiapas 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.- Rubric.

ANNEX CORRESPONDING TO THE DECLARATORY D.R.- 009 /2024

By which it is determined that the real estate that was transferred to the Government of the State of Chiapas, through Donation and Cession of Possessory Rights Contract number CD Y CDP.- 2002 003 dated July 11, 2002, which can be consulted at the following electronic addresses:

AVAILABLE CONSULTATION ON THE PAGE OF THE INSTITUTE OF ADMINISTRATION AND APPRAISAL OF

NATIONAL ASSETS (INDAABIN)

https://www.gob.mx/cms/uploads/attachment/file/903661/Listado_inmuebles__245__Chiapas.pdf

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

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

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