Constitutional Tribunal: "Cayo Levantado cannot be appropriated by private individuals"
Court orders a hearing of the case "with strict adherence to established criteria" by the TC
Diario Libre
SD. The Constitutional Tribunal (TC) established that the tiny island located inside the province of Samana which is known as Cayo Levantado, which is claimed as part of an estate by more than 3,000 persons, is public domain and cannot be appropriated by private individuals.
The tribunal annulled a lawsuit for partitioning, ratified by the Supreme Court of Justice because it considered that it could not order this to be done because the property that is the object of the partition is public domain and cannot be appropriated by private individuals.
By means of sentence TC/0194/13, the court says that it has to establish that in this area, there exists jurisprudence that is constant and firm in the sense that said process is made up of two phases. The court cites that in the first (of an administrative nature) the tribunal orders the partition. In the second they indicate the assets that make up the estate as well as the rights which with respect to the allegations of each one of the parties.
"Nonetheless, the Constitutional Tribunal feels that, in the present case, as an exceptional case, in view of the fact that the property that they pretend to partition (the tiny island of Cayo Levantado) belongs to the public domain, the ordinary jurisdiction should answer the question set forth by the original defendant regarding the nature of said property."
The court is of the opinion that by not doing so, they incurred in a violation of due process and, as a result, the sentence that was appealed should be annulled and the file returned to the SCJ so that they can answer the questions suggested by that party according to what is provided by the Constitution and the laws.
The TC stressed that the national patrimony is made up of a mass of goods of which some are part of the private domain and others of the public domain.
"This last category of assets is not susceptible to becoming private property because it belongs to all Dominicans."
The court observed that article 4, paragraph 19 of Law 64-00, the General Environmental Law, includes Decree 233-96 of 30 July 1996 which creates different national parks, natural monuments, shelters for wild fauna and national recreation areas.
Among the national recreation areas created by this decree and ratified by the article 34, is the island of Cayo Levantado. The TC annulled sentence 420, handed down on 14 December 2011 by the Civil Chamber of the Supreme Court of Justice. They ordered the case to be sent to this tribunal with the aim of having the appeal heard again in order to establish the judicial nature of the property asset.
The tribunal annulled a lawsuit for partitioning, ratified by the Supreme Court of Justice because it considered that it could not order this to be done because the property that is the object of the partition is public domain and cannot be appropriated by private individuals.
By means of sentence TC/0194/13, the court says that it has to establish that in this area, there exists jurisprudence that is constant and firm in the sense that said process is made up of two phases. The court cites that in the first (of an administrative nature) the tribunal orders the partition. In the second they indicate the assets that make up the estate as well as the rights which with respect to the allegations of each one of the parties.
"Nonetheless, the Constitutional Tribunal feels that, in the present case, as an exceptional case, in view of the fact that the property that they pretend to partition (the tiny island of Cayo Levantado) belongs to the public domain, the ordinary jurisdiction should answer the question set forth by the original defendant regarding the nature of said property."
The court is of the opinion that by not doing so, they incurred in a violation of due process and, as a result, the sentence that was appealed should be annulled and the file returned to the SCJ so that they can answer the questions suggested by that party according to what is provided by the Constitution and the laws.
The TC stressed that the national patrimony is made up of a mass of goods of which some are part of the private domain and others of the public domain.
"This last category of assets is not susceptible to becoming private property because it belongs to all Dominicans."
The court observed that article 4, paragraph 19 of Law 64-00, the General Environmental Law, includes Decree 233-96 of 30 July 1996 which creates different national parks, natural monuments, shelters for wild fauna and national recreation areas.
Among the national recreation areas created by this decree and ratified by the article 34, is the island of Cayo Levantado. The TC annulled sentence 420, handed down on 14 December 2011 by the Civil Chamber of the Supreme Court of Justice. They ordered the case to be sent to this tribunal with the aim of having the appeal heard again in order to establish the judicial nature of the property asset.
Diario Libre
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