2023-10-24 | DOF 5706309Added · Updated
The Order declares null and void the Federal Public Domain Subject Declarations DSRDPF/730/2018, DSRDPF/732/2018, DSRDPF/733/2018, and DSRDPF/734/2018, but only with respect to four specific federal real estate properties: R.F.I. 11-11093-1 (Centro de Salud Urbano), 9-19605-3 (Centro de Salud Santa Catarina), 9-19594-0 (Centro de Salud Urbano Las Tinajas), and 9-3441-1 (Centro de Salud Urbano Doctor Gastón Melo). This action responds to a request by the Ministry of Health, based on documentary evidence establishing that the property in Guanajuato belongs to the State Government and that the properties in Mexico City are under the possession of the Mexico City Government. The Order is published in the Official Journal of the Federation and registered in the Federal Property Registry to ensure legal certainty and opposability against third parties.
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DOF: 24/10/2023
ORDER DECLARING NULL AND VOID THE FEDERAL PUBLIC DOMAIN SUBJECT DECLARATIONS NUMBERS DSRDPF/730/2018, DSRDPF/732/2018, DSRDPF/733/2018 AND DSRDPF/734/2018, DATED OCTOBER 31, 2018, PUBLISHED ON NOVEMBER 16, 2018.
A seal with the National Coat of Arms appears on the margin, which reads: United Mexican States.- TREASURY.- Ministry of
Treasury and Public Credit.- Institute of Administration and Appraisal of National Assets.
ORDER DECLARING NULL AND VOID THE FEDERAL PUBLIC DOMAIN SUBJECT DECLARATIONS NUMBERS DSRDPF/730/2018, DSRDPF/732/2018, DSRDPF/733/2018 AND
DSRDPF/734/2018, DATED
OCTOBER 31, 2018, PUBLISHED IN THE OFFICIAL JOURNAL OF THE FEDERATION
ON NOVEMBER 16, 2018.
Gabriela Guerrero Aguilar, General Director of Federal Real Estate Asset Administration of the
Institute of Administration and Appraisal of National Assets, an Administrative Decentralized Body of the
Ministry of Treasury and Public Credit, based on what is provided in Article 27 of
the
Political Constitution of the United Mexican States; articles 2, fraction I, 17, 26 and 31, fraction XXIX and XXX,
of the Organic Law of the Federal Public Administration; 2, 3, fraction VI
and 4 of the Law of the Official Journal of the
Federation and Government Gazettes, 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 e), 5, 6, fraction XXXIII; 7
fractions XIV and XXIII and 11, fractions I and V of the Regulations of the Institute of Administration and Appraisal of
National Assets; and Article One of the Delegatory Order, issued by the President of the Institute of
Administration and Appraisal of National Assets, published in the Official Journal of the Federation on March 8,
2017; and
CONSIDERING
That on November 16, 2018, the Declarations of
Subject to the Federal Public Domain Regime Numbers DSRDPF/730/2018,
DSRDPF/732/2018, DSRDPF/733/2018 and DSRDPF/734/2018 dated October 31, 2018, were published in the Official Journal of the Federation, the
which, according to the Considerations stated therein, are:
" ...
CONSIDERING
1.- That article 27 of the Political Constitution of the United Mexican States,
provides that the ownership of the lands and waters included within the limits of the
national territory, originally belongs to the Nation, which has had and has the
right to transmit the ownership of them to private parties, constituting private
property, having the Nation at all times the right to impose on private property
the modalities dictated by public interest;
2.- That article 2, fraction VII of the General Law of National Assets defines
as "Federal Real Estate", the land with or without constructions of the Federation, as well as
those in which it exercises possession, control or administration as owner;
3.- That, for its part, article 6, fraction VI of the General Law of National
Assets provides that the following are subject to the federal public domain regime
the federal real estate that are destined in fact or through a legal order
to a public service and the real estate equated to them in accordance with this Law;
4.- That the Ministry of Public Education has had possession, custody,
surveillance and use of the federal real estate marked with numbers DSRDPF/721/ 2018 to DSRDPF/724/2018, through its Decentralized Body called
Federal Educational Authority in Mexico City; the federal real estate marked with numbers
DSRDPF/725/2018 to DSRDPF/727/2018; the Ministry of Health the
real estate indicated with numbers DSRDPF/728/2018 to DSRDPF/734/2018 and;
the Ministry of Environment and Natural Resources, through its Decentralized Body
called the National Water Commission, the real estate indicated with
numbers DSRDPF/735/2018 to DSRDPF/740/2018; respectively, for the
use of public services under their charge, with the location, surface area, dimensions and
boundaries corresponding, described in the following table:
( ... )
No. DSRDPF
RFI
Name
Location and
Surface Area
Orientation
Boundary
Dimensions
Meters
730/2018
11-11093-
1
"Urban Health
Center"
located at Calle 16
of
September, No.
210,
Locality of
San Felipe, Postal Code
37600, Municipality
of San Felipe,
State of
Guanajuato.
Surface Area of
1769.72
square
meters.
NORTH
SOUTH
WEST
EAST
Street Private
Property
Street Álvaro
Obregón with
Property
Street 16 of
September
Private
Property
75.50
70.83
24.71
24.00
732/2018
9-19605-3
"Santa Catarina
Health Center"
located at Avenida
Central, S/N,
Colony
Santa
Catarina, Postal Code
02250, Azcapotzalco
Alcaldía,
Mexico City.
Surface Area of 99.81
square meters.
NORTH
SOUTH
EAST
EAST
DGCOH
Cándido
Navarro
Primary School
Central Street
DGCOH
15.65
15.65
8.15
8.15
733/2018
9-19594-0
"Urban Health
Center Las
Tinajas"
located at Calle
Prolongación
Juárez,
S/N, Las Tinajas Colony, Postal Code
05370, Cuajimalpa de
Morelos Alcaldía, Mexico
City.
Surface Area of
120.37
square
meters.
NORTHEAST
NORTHWEST
SOUTHEAST
SOUTHWEST
Plaza
Sports Facility
Federal
Property
Federal
Property
8.20
14.68
14.68
8.20
734/2018
9-3441-1
"Urban Health
Center Doctor
Gastón
Melo"
located at Avenida
Doctor Gastón
Melo,
S/N, San Antonio Tecomitl Colony,
Postal Code 12100,
Milpa Alta Alcaldía,
Mexico City.
Surface Area of
4580.44
square
meters.
NORTHEAST
NORTHWEST
SOUTHEAST
SOUTHWEST
Street Ignacio
Aldama
Avenida Doctor
Gastón Melo
Francisco del
Olmo
Private
Property
66.70
58.00
64.80
82.50
( ... )
5.- That, for the above reason, these real estate properties are identified as federal real estate
and are controlled in the Federal and Para-State Real Estate Asset Inventory System, with the Federal Real Estate Registry indicated in the
previous table.
DECLARATION
FIRST.- That the real estate described in consideration 4 of this document are
subject to the federal public domain regime.
... "
That through letters numbers DGRMySG/DG/809/2022 dated July 27, 2022, DGRMySG/ DCC/840/2022 dated October 11, 2022 and DGRMySG/DCC/121/2023 dated March 07,
2023, the Ministry of Health requested the General Directorate of Federal Real Estate Asset Administration, Administrative Unit of the Institute of Administration and Appraisal of National
Assets, to carry out the corresponding procedures to declare null and void the Declarations of
Subject to the Federal Public Domain Regime Numbers DSRDPF/730/2018, DSRDPF/732/2018, DSRDPF/733/2018 and DSRDPF/734/2018, dated October 31
2018, only with respect to the real estate with R.F.I. 11-11093-1, 9-19605-3, 9-19594-0 and 9-3441-1,
denominated "Urban Health Center", "Santa Catarina Health
Center", "Urban Health Center Las Tinajas" and "Urban Health Center Doctor Gastón
Melo", respectively.
That through public deed number 6,541 dated November 15, 1999, granted before the notary
of Licenciado Francisco Javier Ortiz Ortiz, Public Notary number 1 of San Felipe,
and registered in the Public Registry of the State of Guanajuato, Judicial Deed of San Felipe under number 3722, Folio
126 V of Volume VI of Book First of property on January 04, 2000, it was recorded the
Protocolization of the Ad-Perpetuam Information Diligences number 964/98, promoted by the
gentleman Licenciado Felipe Arturo Camarena García in his capacity as General Prosecutor of Justice
in the State of Guanajuato, before the Court of First Instance of that Judicial District, in which
the ownership of the real estate identified with R.F.I. 11-11093-1, denominated "Urban Health
Center", located at Calle 16 de septiembre, number 210, Postal Code 37600, Municipality of San Felipe,
State of Guanajuato, in favor of the Government of the State of Guanajuato was established.
That through Administrative Acts dated July 28 and August 29, both of 1997, it was recorded
the handover-receipt made by the Federal Government through the Ministry of Health, to the
Government of the then Federal District, now Mexico City, through the Decentralized Public Body of the
Public Health Services of the Federal District, of the financial, human and material resources,
relating to the decentralization of the operation of health services for
the open population in the then Federal District of various real estate properties, among which are
those denominated "Santa Catarina Health Center" with R.F.I. 9-19605-3,
"Urban
Health Center Las Tinajas" with R.F.I. 9-19594-0 and "Urban Health Center Doctor Gastón Melo",
with R.F.I. 9-3441-1, thus accrediting the possession of these in favor of the Government of Mexico City.
That based on the study and analysis of the documentary background contained in the System of
Federal and Para-State Real Estate Information, as well as the motivation presented that supports
this Order and in order to comply with the request of the Ministry of Health, I have
deemed it appropriate to issue the following:
ORDER
FIRST.- The Declarations of Subject to the Federal Public Domain Regime Numbers DSRDPF/730/2018, DSRDPF/732/2018, DSRDPF/733/2018 and DSRDPF/734/2018, of
date October 31, 2018, published in the Official Journal of the Federation on November 16, 2018,
are declared null and void,
only with respect to the real estate with R.F.I. 11-11093-1,
9-19605-3, 9-19594-0 and 9-3441-1,
denominated "Urban Health Center", "Santa Catarina Health Center", "Urban Health Center Las
Tinajas" and "Urban Health Center Doctor Gastón Melo", respectively.
SECOND.- This Order shall be published in the Official Journal of the Federation, so that it takes effect in
terms of what is provided in article 101, fraction X of the General Law of National Assets.
THIRD.- This Order shall be registered as an act of legal certainty that the aforementioned Declarations
of Subject to the Federal Public Domain Regime have become null and void, with respect to the
real estate that is the object of the same, in the Federal Property Registry, in accordance with what is provided
by articles 42, fraction XXVI and 48 of the General Law of National Assets, for purposes of publicity and
opposability against third parties.
FOURTH.- The Institute of Administration and Appraisal of National Assets, within the scope of its
attributions, will monitor the strict compliance with this order.
TRANSITORY
ONLY.
This Order shall enter into force the day after its publication in the Official Journal of
the Federation.
Mexico City, on the 13th day of October two thousand twenty-three. - The General Director of Administration
of Federal Real Estate Assets, Gabriela Guerrero Aguilar. - Signature.
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