The conditional transfer of the patrimonial property of the Department to the municipalities shall be executed by means of a certification, with its effect as a public deed, according to the procedures and requirements established below:
(a) The Department shall identify the patrimonial property to be transferred according to:
(1) The expression of the common name by which the facility is known.
(2) It being qualified and classified as community property.
(3) The description of the property according to the Property Register. The actual existence of a building that is not ascertained in the Register may be verified as part of the description of the property.
(4) The registration entry of the real property including volume and lot number and folio and an indication in the Section of the Register where the same appears as registered.
(b) Once the patrimonial community property has been identified, the Department shall request that the corresponding Property Register issue a registration certification thereof. Said application shall include the information contained in subsection (a) of this section.
(c) Once the registration certification has been issued, the Secretary shall have the power to execute the conditional transfer of the patrimonial property to the corresponding municipality subject to the following directives. The Secretary and the mayor of the concerned municipality, or their authorized representatives, shall issue a subscribed certification including the following information:
(1) The appearance of the Secretary or the official authorized by the latter in representation of the Department, containing his/her personal circumstances.
(2) The power of the Secretary to execute the conditional transfer of the patrimonial property pursuant to this chapter.
(3) The appearance of the mayor or official authorized by the latter in representation of the municipality in question, containing his/her personal circumstances.
(4) The power of the mayor of the municipality in question to accept the conditional transfer in representation of and of behalf of the municipality.
(5) The following information about the property to be transferred:
(A) Common name by which the facility is known.
(B) Registry description of the property.
(C) Lot and volume number and folio where it appears registered.
(D) Section of the Property Register where it appears registered.
(E) Application for transfer of ownership of the property to the corresponding municipality.
(F) The value of the property being transferred.
(6) Mention of the municipal ordinance endorsing the acquisition of the conditional transfer of the patrimonial property, including its date of approval.
(7) Conditions for the transfer executed, according to what is established in §§ 818 and 819 of this title.
(8) Date on which the certification is subscribed.
(9) Signatures of the Secretary and the mayor of the municipality in question or their authorized representatives.
(10) The seal of the Department.
(d) Once the certification has been subscribed according to the directives indicated in subsection (d) of this section, the same shall be filed by the mayor with the corresponding Property Register, free from the payment of fees.
History —Aug. 17, 2001, No. 120, § 4.