TRIBUNAL CONTENCIOSO ADMINISTRATIVO Date of Resolution: February 28, 2025 at 12:44 Case File: 19-007192-1027-CA Type of Matter: Proceso de conocimiento Analyzed by: CENTRO DE INFORMACIÓN JURISPRUDENCIAL Rulings in the same case file CASE FILE:
\t PROCEEDING:
\t CONOCIMIENTO PLAINTIFF/S:
\t MARIO FRANCISCO DE JESUS FALLAS SANCHEZ DEFENDANT/S:
\t INSTITUTO DE DESARROLLO RURAL No. 2025001889 TRIBUNAL CONTENCIOSO ADMINISTRATIVO Y CIVIL DE HACIENDA, SECOND JUDICIAL CIRCUIT, SAN JOSÉ, GOICOECHEA, at twelve forty-four hours on the twenty-eighth of February of two thousand twenty-five.- PROCESO DE CONOCIMIENTO brought by MARIO FRANCISCO FALLAS SÁNCHEZ, merchant, ID card 1-0523-0691 and YILCA OFELIA QUINTERO SÁNCHEZ, of Panamanian nationality, passport of her country PA-0805271, both residents of the United States of America, State of Florida, represented by their special judicial attorneys-in-fact, RUBÉN HERNÁNDEZ VALLE, of legal age, married once, attorney, ID card 1-0342-0665, bar card No. 1165, resident of San José and MARINO ANDRÉS MERCADO CASTRO, of legal age, attorney, divorced, ID card 1-1123-0962, bar card No. 17608, resident of Cartago, against the INSTITUTO DE DESARROLLO AGRARIO (hereinafter INDER) represented by its special judicial attorney-in-fact JONATHAN JIMÉNEZ RUIZ, of legal age, attorney, married, ID card 2-585-669, resident of Alajuela (I, 303-304). GERARDO VILLALOBOS MONTERO, of legal age, married, attorney, ID card 1-808-577, resident of Heredia, appeared as an interested third party. He granted power of attorney to Lic. Adrián Bellanero Quesada, of legal age, single, attorney and notary, resident of Cartago, ID card 6-0418-0855, bar card No. 28206 (I, 356 and 480).
CONSIDERANDO:
- I)PROCEDURAL MATTERS: In principle, all references to images correspond to the judicial case file, unless another source is indicated.
- 1)The complaint was filed on October 29, 2019, against the INSTITUTO DE DESARROLLO RURAL (INDER) Messrs. JOSÉ FRANCISCO MOLINA SALAS and RONALD LEWIS MC LAREN. (I, 2-29 virtual desktop).
- 2)The Procedural Judge who, by assignment, took cognizance of this proceeding, by order of seven hours and twenty-five minutes on November 1, 2019, deemed the proceso de conocimiento brought by Mario Francisco Fallas Sánchez and Yilca Ofelia Espinoza against INDER as having been established. (I, 264-266).
- 3)INDER answered the complaint by written submission dated December 19, 2019, opposing it and interposing the affirmative defenses of lack of right, lack of active and passive standing (falta de legitimación activa y pasiva), lack of current interest, defects preventing a ruling on the merits, res judicata of a constitutional nature (cosa juzgada constitucional), expiration (caducidad), statute of limitations (prescripción) and failure to join a necessary passive litisconsortium. (I, 275-302).
- 4)By order of fourteen hours and seven minutes on December 19, 2019, the answer to the complaint was deemed timely filed and the cited affirmative defenses were deemed interposed. (I, 316).
- 5)The plaintiff replied to the answer to the complaint. (I, 319-325 and 334-338).
- 6)By resolution No. 286-2020 at 16:05 hrs. on February 14, 2020, the preliminary defense of an incomplete necessary passive litisconsortium was rejected, and by order at 13:22 hrs. on February 24, 2020, a hearing was granted to Gerardo Villalobos Montero regarding appearing as an interested third party or coadjuvant. (339-344 and 352).
- 7)Gerardo Villalobos Montero appeared as an interested third party. (I, 356).
- 8)The Procedural Judge, pursuant to the order at 10:15 hrs. on March 9, 2020, resolved to join Mr. Gerardo Villalobos Montero as an interested third party. (I, 357-358).
- 9)The Tribunal de Apelaciones de lo Contencioso Administrativo y Civil de Hacienda, Section I, by order No. 473-2020-I, at 17:30 hrs. on October 12, 2020, confirmed resolution No. 286-2020-T of the Procedural Judge. (I, 368-372).
- 10)Procedural Judge Liana Morera Rodríguez held a preliminary hearing on August 13, 2021, where the plaintiff specified the claim. (I, 489-492).
- 11)INDER, in a hearing regarding the adjustment of the claim, opposed it, also alleging the affirmative defense of lack of right. (I, 493-496).
- 12)The plaintiff's representation opposed the affirmative defense of lack of right alleged by the defendant. (I, 503-512).
- 13)By written submission dated November 18, 2021, the plaintiff challenged before the Sala Constitucional the provision set forth in Article 112, subsection (i) of the Reglamento para la Selección y Asignación de Solicitantes de Tierras. (I, 517-519).
- 14)A preliminary hearing was held on November 19, 2021. The affirmative defenses of expiration (caducidad) and statute of limitations (prescripción) were deferred for the final decision. The defense of constitutional res judicata (cosa juzgada constitucional) interposed by INDER was dismissed. All facts were deemed controverted, and the evidence to be gathered during the oral and public trial hearing was admitted. (I, 520-524).
- 15)On February 7, 2022, the plaintiff dismissed the proceeding against José Francisco Molina Salas and Ronald Lewis Mc Laren. (530).
- 16)By order No. 16-2022 at 11:10 hrs. on February 17, 2022, the proceeding against José Francisco Molina Salas and Ronald Lewis Mc Laren was dismissed. (I, 531-533).
- 17)Due to the acción de inconstitucionalidad filed by the plaintiff against the Reglamento para la Selección y Asignación de Solicitantes de Tierras of INDER, the hearing of the merits of the proceeding was suspended. (I, 544-548 and 555).
- 18)The Sala Constitucional of the Corte Suprema de Justicia, by resolution No. 2024018680 at 9:20 hrs. on July 3, 2024, dismissed the acción de inconstitucionalidad; specifying in Considerando IX, that: "Based on the arguments set forth supra, it must be concluded that the provision is not contrary to the Constitution and, therefore, the action must be dismissed." (I, 586-635) 19) The Tribunal Contencioso Administrativo y Civil de Hacienda, Working Group No. 8, (Section VIII), was constituted for the holding of the oral and public hearing on February 11, 2025, being composed of Judges Rodolfo Marenco Ortiz, Jonatán Canales Hernández and Paulo André Alonso Soto, the latter being assigned to preside and prepare the ruling that was issued unanimously, after the corresponding deliberation. Evidence offered by the plaintiff for better provision, consisting of a copy of a Regulation, was rejected because it is part of the legal system. After the opening arguments, the statement of Mario Francisco Fallas Sánchez and Yilca Ofelia Quintero Espinoza was heard. Subsequently, the testimony of Ronald Lewis Mc Laren, 1-543-035, Ronald Francisco Carrillo Sánchez, 1-827-575 and Olger Jiménez Molina 2-549-972 was heard. Finally, the parties presented their conclusions, and the hearing was concluded after declaring the proceeding complex as permitted by the CPCA, Art. 111. This Tribunal does not observe any grounds for nullity that prevent it from issuing this ruling.- II) SUBJECT MATTER OF THE PROCEEDING.- The plaintiff, regarding the claim, stated:
"Main claims 1. That it be declared that the property right of my clients was consolidated on January 23, 2011, said date being the time of expiration of the limitations imposed pursuant to Article 67 of Ley 2825.
2. That the illegality of administrative procedure 008-2011-NUL conducted by INDER be declared, specifically the final act of Article 45 of session 014-2011 held on April 12, 2011.
3. That the Registro Nacional be ordered to register property 6-95747 in the name of the plaintiffs herein with equal rights.
4. That INDER be ordered to pay the personal and procedural costs of this proceeding. Subsidiary claims:
1. That INDER be ordered to pay the damages suffered by my clients on the occasion of the illegal annulment of my clients' property right over property 6-95747; which would be: * Material: The current value of the real estate of fifty million colones. Improvements and constructions introduced to the real estate, for eight million colones, in a perimeter enclosure of walls and gates, metal structures for vehicle parking and sanitary services with drainage.
2. That INDER be ordered to pay the personal and procedural costs of this proceeding." (Claim determined during the preliminary hearing and which was read by the plaintiff's representative from minute 00:48:10:00 to 00:49:18:15.).
- III)PROVEN FACTS.- Of relevance for the resolution of this proceso de conocimiento, the following are taken as proven facts:
- A)FROM THE DOCUMENTARY EVIDENCE:
- 1)On January 10, 1996, official communication ST-A-001, issued by the Coordinator of Land Titling Programs to the General Secretariat of the IDA, stated the following, where relevant: " (...) // SANTA TERESA SETTLEMENT (...)// 1- IN COMPLIANCE WITH INSTITUTIONAL POLICIES AND WITH THE RECOMMENDATION OF THE OROTINA REGIONAL OFFICE AND THIS SECTION, I REQUEST THE ADJUDICATION, segregation (segregación) AND transfer (traspaso) OF 60 PARCELS AND LOTS TO BE DESCRIBED BELOW BECAUSE THE POSSESSORS MEET THE LEGAL CONDITIONS AND REQUIREMENTS DEMANDED IN LEY 2825 (LEY DE TIERRAS Y COLONIZACIÓN) OF OCTOBER 14, 1961, SO THAT THE CORRESPONDING SUPLETORY TITLE OF DOMINION BE ISSUED TO THEM. // (...) SANTA TERESA SETTLEMENT: (...) MARIO FRANCISCO FALLAS SÁNCHEZ (...) YILCA OFELIA QUINTERO ESPINOZA (...) 3. THE LIMITATIONS TO WHICH THE PARCELS AND LOTS OF THIS GRANTING ARE SUBJECT ARE THE SAME AS THOSE CONTAINED IN LEY 2825 OF OCTOBER 14, 1961 AND ITS REFORMS. 4 AUTHORIZE AGRONOMIST ENGINEER ORLANDO DORADO BOZA, EXECUTIVE PRESIDENT, TO APPEAR BEFORE THE ASSIGNED NOTARY (...) OF THE INSTITUTO DE DESARROLLO AGRARIO TO GRANT THE RESPECTIVE TRANSFER DEEDS. (...)" (Judicial Case File, images 70-74).
- 2)The Instituto de Desarrollo Agrario, on February 7, 1996, communicated to the Titling Section the agreement adopted by the Board of Directors in Article L, of session No. 002-96, held on January 23, 1996, agreement No. 50, which provided, where relevant: "AGREEMENT No. 50: 1. APPROVE THE ADJUDICATION, segregation (segregación) AND transfer (traspaso) OF SIXTY LOTS AND PARCELS IN THE SETTLEMENTS (...) SANTA TERESA (...) BECAUSE THE POSSESSORS MEET THE LEGAL CONDITIONS AND REQUIREMENTS DEMANDED IN LEY 2825 (LEY DE TIERRAS Y COLONIZACIÓN) OF OCTOBER 14, 1961, SO THAT THE CORRESPONDING SUPLETORY TITLE OF DOMINION BE ISSUED TO THEM (...) NAME (...) SANTA TERESA SETTLEMENT: (...) MARIO FRANCISCO FALLAS SÁNCHEZ (...) AND YILCA OFELIA QUINTERO ESPINOZA (...) 0-0732.00 // 2-6 // 2.- THE COST FOR LAND SURVEYED AND TITLING SHALL BE AS FOLLOWS: (...) SANTA TERESA SETTLEMENT: AT THE RATE OF 6,156.45 COLONES PER HECTARE (...) 3.- THE LIMITATIONS TO WHICH THE PARCELS AND LOTS OF THIS GRANTING ARE SUBJECT ARE THE SAME AS THOSE CONTAINED IN LEY 2825 OF OCTOBER 14, 1961 AND ITS REFORMS.(...) THE SIGNING OF THE PROTOCOL IS SCHEDULED FOR JANUARY 26, 1996 AT THE COYOLAR REGIONAL OFFICE FROM 9 AM TO 2 PM// AGREEMENT APPROVED UNANIMOUSLY". (Administrative file, folios 009-03).
- 2)In the protocol of Notaries Public Alex Benjamín Gen Palma and Carlos Enrique García Anchía, deed number five dated February 10, 2011, shows that Orlando Dorado Boza appeared, in his capacity as Executive President of the Instituto de Desarrollo Rural, today INDER, and stated, where relevant: "APARTADO TEN: The appearing party Dorado Boza, always with the representation he holds, further states that his Principal is the owner of the property registered in the Registro Público, Property Section, District of PUNTARENAS under REAL FOLIO registration number SEVENTEEN THOUSAND ONE HUNDRED SEVENTY-THREE - ZERO ZERO ZERO, known as PROYECTO SANTA TERESA, from which he SEGREGATES the lots to be described below, all of which are land for HOUSING, except for the last two, which are for AGRICULTURE, all located in district twelve, of canton one of the province of PUNTARENAS, and sells them as follows: LOT TWO - TWO (...) LOT TWO - SIX: bounded on the NORTH: José Rojas Valerio: SOUTH: Iris Mora Araya: EAST: Celín Cubero Pérez, and West: public street, MEASURES: SEVEN HUNDRED THIRTY-TWO SQUARE METERS, according to plan P-two hundred forty-three thousand one hundred four- ninety-five, he sells it to MARIO FRANCISCO FALLAS SÁNCHEZ and YILCA OFELIA QUINTERO ESPINOZA, married once, ID card one - five hundred twenty-three - six hundred ninety-one, and of Panamanian nationality, with ID card of that Republic, number four - one hundred ninety-eight - nine hundred seventy-nine, respectively, for the sum of FOUR HUNDRED FIFTY COLONES, SIXTY-FIVE CENTS, PAID. (...) TWO - NINE (...). THE REMAINDER that the Institute reserves for itself (...) D) That the buyers may not transfer ownership of their property, nor encumber it, lease it or subdivide it (subdividirlo), without the prior authorization of the seller Institute, except if fifteen years have elapsed counted from this date, excepting from the foregoing prohibition operations entered into with the nationalized Banking, the Consejo Nacional de Producción or any other State credit Institutions. After the said fifteen years have elapsed, any disposal of the parcels or lots sold herein, which in the judgment of the seller Institute (...) F) That the failure by the buyers or by the persons to whom they have transmitted the parcels or lots sold herein to comply with any of the obligations set forth in the cited Ley de Tierras y Colonización, shall give the right to the seller Institute to administratively revoke the adjudications and to request the Registro Público that the parcel or lot be registered again in favor of said Institute, which shall pay the original purchase price and the value of the useful and necessary improvements in accordance with the appraisal to be carried out for that purpose by an expert of the selling Institution.// (...) I issue a first literal copy for the seller Institute and respective first literal copies in relevant part to each grantee. Having read what is written to the appearing parties, they approved it and we all signed in Orotina at nine hours on February tenth, nineteen ninety-six". (Judicial Case File, images 149- 248).
- 3)The Registro Nacional, under the district of Puntarenas, real folio registration No. 095747-001 and 002 indicated on January 4, 2011 that said property belonged in equal shares to Mario Francisco Fallas Sánchez and Yilca Ofelia Quintero Espinoza, establishing in both rights the existence of the following encumbrance: "LIMITATIONS OF THE IDA LEY 2825 ART. 67. 430-03900-01-0936-001 AFFECTS PROPERTY 6-00095747 BEGINS ON: FEBRUARY 10, 1996 // ENDS ON: FEBRUARY 10, 2011 /PARTIAL CANCELLATIONS: NONE (...)". In addition, the following classification was recorded: "Lot 2-6 LAND FOR HOUSING LOCATED IN DISTRICT 12-CHACARITA CANTON 1-PUNTARENAS OF THE PROVINCE OF PUNTARENAS." (Administrative file folios 13-12).
- 4)The official of the then IDA, OLGER JIMÉNEZ MOLINA, drew up an inspection report (acta de inspección) for property 2-6 on January 6, 2011, in which he recorded, where relevant: "(...) on the lot a bathroom-type structure with a water supply tank of approx. 200 liters of water is observed, and apart from this structure no other type of construction is observed, nor is the property inhabited // (...) at the time of the visit no one was found on the property, neighbors were asked about the owners, who state that they have not been seen in the area for quite some time, including other persons were asked who do not even know the owners nor knew that this lot existed." (Administrative file folio 14).
- 5)Technicians Olger Jiménez Molina and Mauricio Moya Fuente prepared the agrarian inspection report OSPA-OJM-006-2011 dated January 7, 2011, in which they indicated: "(...) Recommendation: By means of a field inspection, an investigation was conducted, and it is recommended that the revocation process be initiated against the property registration, 6-095747 - 001-002 belonging to lot #2-6, of the Santa Teresa Settlement. Property of Messrs. Mario Francisco Fallas Sánchez (...) and Yilca Ofelia Quintero Espinoza (...) for having verified the unjustified abandonment of the property, also because the whereabouts of these persons are unknown, it is recommended that they be notified by edict.// Without further particular." (Administrative File folios 19-15).
- 6)Engineer Víctor Julio Madrigal Porras, of the Sub-Regional Office Paquera, by official communication OSPA-013-2011 dated January 12, 2011, addressed to Eng. José Francisco Molina Salas, Regional Agrarian Coordinator, in which he requested that the procedure for the revocation of the adjudication agreement and the subsequent nullity of the title of Lot No. 2-6 be initiated. The official communication indicated as the cause for the foregoing the unjustified abandonment of the property by the administered parties, as the property is abandoned and without any type of residential construction. (Administrative file folios 23-22).
- 7)Lic. Ronald Lewis Mc Laren, Legal Affairs Advisor, by order of nine hours and thirty minutes on Thursday, January 13, 2011, under case file No. 008-2011 NUL stated, where relevant: "Based on the powers granted by the Ley de Tierras y Colonización 2825 of October 14, 1961 and its reforms and pursuant to the procedure indicated in Articles 107 and following of the Reglamento Para la Selección y Asignación de Solicitantes de Tierra, published in La Gaceta No. 38 of February 22, 2008, in order to begin the investigation of the real truth of the facts, this resolution is issued in the Revocation process of the Adjudication of Lot No. 2-6, of the Santa Teresa Settlement in Cóbano de Puntarenas, with the Subsequent Nullity of the Property Title against Mr. MARIO FRANCISCO FALLAS SÁNCHEZ (...) and Mrs. YILCA OFELIA QUINTERO ESPINOZA (...) for alleged violation of the obligations imposed by IDA on its grantees through the Land Assignment Contract, as provided for in Article 66 and following of the indicated Ley 2825, unjustified abandonment of the lot as there is a physical and complete absence of the administered parties with respect to the property, a cause typified in Article 68 subsection 4) paragraph b). In safeguarding the principles of Due Process and Rights of Defense, it is resolved to notify (...) this summons to appear before this Office, (...). It is advised that an Ordinary Appeal of Revocation and Appeal may be filed against this initial act, pursuant to Articles 345 and 346 of the Ley General de la Administración Pública. For the indicated hearing, ten hours on Thursday, March seventeenth, two thousand eleven is set (...). // Because the whereabouts of the administered parties are unknown, proceed to publish said process by means of an Edict twice in the Official Gazette La Gaceta. In order to consider the expiration of limitations as interrupted and availing of the Principle of Registry Publicity, annotate this process in the Registro Público de la Propiedad Inmueble at the margin of the related property (Art. 7 Ley 6735 de Creación del IDA of March 29, 1982). NOTIFY. (...)" (Administrative file folios 24-25).
- 8)Lic. Ronald Lewis Mc Laren, Legal Affairs Advisor, by order of nine hours and forty-five minutes on January 13, 2011, issued a letter rogatory for annotation of the IDA process addressed to the Director of the Registro Público de la Propiedad Inmueble. (Administrative file, folio 26).
- 9)The Registro Nacional, upon consultation made to its database on February 9, 2011, under the district of Puntarenas, real folio registration No. 095747 rights 001 and 002, indicated where relevant: "ANNOTATIONS ON THE PROPERTY: YES // LETTER ROGATORY OF NULLITY OF THE IDA CITATIONS: 2011-33611-001 FILED AT 10:03:02 ON FEBRUARY 9, 2011 // GRANTED AT 09:45:00 ON JANUARY 13, 2011. // (...)" (Administrative file folios 33-32).
- 10)In La Gaceta No. 19 of Thursday, January 27, 2011, pages 98 and La Gaceta No. 20 of Friday, January 28, 2011, pages 73-74, the edicts were published to notify the plaintiffs of the commencement of the administrative procedure. (Administrative file, folios 39-34).
- 11)Lic. Ronald Lewis Mc Laren, by order of ten hours on Thursday, March 17, 2011, within the revocation process with Subsequent Nullity of the Title regarding lot #2-6, drew up a record stating that the grantees of lot #2-6 did not appear at the indicated time and date, nor did they provide any defense within the case file. (Administrative file, folio 40).
- 12)Lic. Ronald Lewis Mc Laren and Eng. Carlos Alvarado Vargas, by official communication AJORO-RL-020-2011 OROTINA March 21, 2011, addressed to the Board of Directors of the then IDA, -today INDER- in which they recommended, where relevant: "Based on the foregoing evidence, that which exists on the land and in the case file itself, it is necessary to analyze the alleged cause, which is done below. The Ley de Tierras y Colonización, as well as the Regulations for the Selection of Beneficiaries and/or Families that have been promulgated and applied at the Institute, provide a series of mandatory rules regarding the lands distributed by IDA and borne by the respective beneficiaries. Causes and sanctions are likewise provided through which the non-compliant beneficiary may lose his right to the parcel, farm or lot. Thus, Article 66 of the law provides that when the beneficiary fails to comply with the obligations imposed by the Institute, in the judgment of the latter, it shall entail the loss of the right over the real estate. Article 68, subsection 4, ibídem, exhaustively indicates some causes for which IDA must mandatorily declare the extinction of the right, obviously in the manner provided for by the legal system for each procedure and cause. Thus, the cited subsection, in its paragraph b), indicates abandonment as a cause for which the Institute must revoke or extinguish the right over the parcel. But how should the term abandonment be understood; legally, abandonment consists of an action of ceasing to do that which one is obligated to do without a material absence of the obligor from the obligee of the obligation being necessary, -be it understood as a person or a property that is the object of such obligation-. In other words, abandoning a good or a duty with respect to the good does not imply the physical separation of the obligor but rather a voluntary act with respect to the goods or persons to whom that obligation is owed, be it a duty of care, vigilance, etc. What is important is not the material or physical removal of the obligor from the good or person, but rather the ceasing to execute those acts that are legally required of him towards the obligee of the obligation and thus having it be deemed fulfilled. Thus, by way of example, we can find in the world of legal relationships that which arises from the family bond, which can be translated, within the context of abandonment, as the failure to attend to parental obligations whether towards children, spouse or one's own parents; in criminal law, abandonment is also found as a punitive sanction when it occurs with respect to persons or animals, which the obligee does not constitute but rather the simple negligence of the obligor in the face of the duties the legal system imposes on him with respect to a given person or thing. In labor matters, we also have that \"abandonment of work\" is not constituted by the material fact of the worker physically leaving the place, but rather the fact of ceasing to do or fulfill the tasks entrusted by the employer or by the legal system, in the employment contract, thus voluntarily ceasing to fulfill his duties towards the ultimate purpose of the relationship, which is the provision of a certain service. // Based on the foregoing, it is necessary, under the harmonious interpretation of the legal norms that regulate the actions of the Institute, to determine when one incurs in abandonment of the property or of the family, as provided for in the supra-cited norm. Both in the law and in the Regulation that supports the respective adjudication of parcels, family farms or housing lots, obligations are imposed on the beneficiary in relation to the purpose for which the land was assigned to him. In the cases of lands assigned or adjudicated by the Institute, the use for which each is assigned in its different said modalities is taken into account, given that the use assigned to each of the properties entails in itself an end or objective that the beneficiary must obligatorily fulfill. Specifically, if the parcel, family farm or housing lot already has a determined purpose and is so regulated in the applicable legal system by and to the Institution, the actions of the beneficiary regarding the land must necessarily be to give it that purpose or use, in order to remain within the framework of compliance with the obligations and duties legally imposed on the beneficiary as conditions of fact and of law in the exploitation or use of the real estate, with the result that, as long as the use or purpose for which the land was given to him is fulfilled, he will not be subject to any sanction. Hence, Article 68, in its subsection 4, provides for certain causes that imply non-compliance by the beneficiary with the obligations imposed on him by the legal system. Abandonment as a cause for extinction should not be mixed up with or interpreted in light of the other causes which, although in some way related to the exploitation obligations, do not have the same meaning and importance as abandonment, and hence the same law provides that not even a warning is necessary. Abandonment can occur in two ways, as already stated, one being the material and definitive separation from the beneficiary-land relationship and the other, more voluntary in nature, is the inertia of the beneficiary in fulfilling his duty and the non-exercise of the rights, powers and obligations he has regarding the real estate in relation to the purpose for which it was assigned to him. In turn, this expression of will can be expressed explicitly or implicitly by simply ceasing to do what one is obligated to do; and in turn, we can say that this expression of will can arise from the very desire not to comply with those obligations (willful misconduct) or from the obligor's lack of interest in fulfilling his duties. // Seen in this way, we must focus on determining whether the cause for abandonment occurred in this proceeding, analyzing both the applicable regulations and the evidence and material facts themselves. // Article 145 of the Ley General de la Administración Pública states that \"the effects of the administrative act may be subject to efficacy requirements, set by the act itself or by the legal system.\" This provision is very important for the following regulatory analysis, since from it will or will not be derived the determination of the existence of the investigated cause. Article 12 of this same body of law provides for the legal impossibility of repealing or disapplying for specific cases the written norms (regulations, etc.) or unwritten norms that make up the administrative legal system, and Article 11 of the cited text of law constrains us in administrative action to the principle of legality, according to which the Public Administration can only perform those acts authorized by the legal system.// In the present case, at the time IDA granted the property to the administered parties, the Reglamento Autónomo para la Selección de Beneficiarios, approved by the Board of Directors in Article V of session 88-93 of November 22, was in force, noting in its Article 60 that it would be effective from its publication in La Gaceta, which occurred when it was made public according to La Gaceta No. 32 of February 13, 1994, a date from which this regulation acquires legal validity upon becoming part of the legal system that governs the Institution and the beneficiaries who are users of IDA's services. According to Article 39 of this Regulation, and based on Article 87 of Ley 2825, IDA would reserve from the lands destined for parcel-based settlements the areas required for the establishment and development of population centers. Article 40 continues stating that in these centers, the adjudication of housing lots (lotes para vivienda) would be granted in favor of low-income families, lacking housing and willing to build it under the terms established in the Regulation. Article 42 reiterates the need for the beneficiary to build the dwelling within the regulatory period and to LIVE IN IT.
Article 43 is the one that defines the deadline to begin construction of the dwelling, which is set at six months from the award and one year to complete it. Article 44 in fine concludes by stating that “if for any reason the awardee could not build the dwelling within the established timeframe, their award shall be rendered void.” This is, as stated above, a condition of fact and of law that causes the act to be rendered void, automatically, if it is not fulfilled. // The philosophy and foundation that the Institute had for granting this type of properties called housing lots was thinking of those people who, without having a purely agricultural vocation and dedication, and who had or have some type of salaried job or a small business of their own but lack land to live in their own home. In this way, the IDA facilitates the land and opens up the possibility of accessing the housing subsidy (bono de la vivienda) or soft loans for social-interest housing. // In this regard, the Costa Rican State, not only through the IDA, has made enormous efforts and large investments in the acquisition and distribution of land for these purposes in order to alleviate the great social pressure regarding housing. It is thus that in the latest versions of the Regulation (Reglamento) governing the selection of beneficiary families, chapters have been inserted that regulate and refer to this matter. // In the case of the lot awarded to Mr. MARIO FRANCISCO FALLAS SÁNCHEZ, identity card number 1-0523-0691, and Mrs. YILCA OFELIA QUINTERO ESPINOZA, residence card number 4198979, taking into account the purpose and the analysis made of the grounds for abandonment, as well as the stipulations of Articles 43 and 44 in fine of the aforementioned Regulation, the evidence contained in the administrative file, provided by the IDA, as well as that found on the land, the alleged grounds are deemed fully demonstrated, as they failed to build their house and inhabit it, according to the purpose intended for the lot granted to the administered parties, with no justification from the administered parties, especially given the existence of basic services inferred by the very presence of dwellings in the surroundings and the existence of the community already established in the settlement, and in this particular case we are clearly facing an unjustified abandonment of the property and the occurrence of the condition subsequent (condición resolutoria) of the right as awardee, according to the text of Article 42 of the Regulation in force when the property was awarded and transferred to them. // In the administrative file referring to the lot granted to Mr. Mario Francisco Fallas Sánchez and Mrs. Yilca Ofelia Quintero Espinoza, it has been held as demonstrated that, since 1996, neither the dwelling nor the use for which the property was granted exists.// This being the case, this Legal Advisory Office RECOMMENDS declaring the revocation of the Award made by Agreement of the Board of Directors, Article L of session 02-96, dated January 23, 1996, in favor of Mr. MARIO FRANCISCO FALLAS SÁNCHEZ, identity card number 1-0523-0691, and Mrs. YILCA OFELIA QUINTERO ESPINOZA, residence card number 4198979, with the subsequent annulment (Subsecuente Nulidad) of the Title of Ownership of lot 2-6 of Asentamiento Santa Teresa, property of the Province of Puntarenas, registered under registration number 95.747-001-002. Likewise, the issuance of the appropriate judicial request (exhorto) to the Registry is ordered for the reversion of said property to IDA ownership. The administered parties must be warned to refrain from introducing improvements beyond those already existing as of the date of notification of the respective resolution, and the appraisal of useful and necessary improvements must be conducted and paid to the former beneficiaries, in accordance with Article 66 of Ley 2825 cited herein. // The administered parties must be warned that in case of disagreement, an appeal may be filed against the resolution before the Tribunal Agrario within a period of 5 business days, counted from the day after receipt of the notification of this resolution, in accordance with Articles 66 and 177 of Ley 2825 de Tierras y colonización of October 14, 1961, and Article 2 subsection f) of Ley de Jurisdicción Agraria 6734 of March 25, 1982, which must be filed before the Regional Directorate, located in Coyolar de Orotina or at the nearest Subregional Office." (Administrative file folios 48-43).
- 13)The Board of Directors of the IDA, —now INDER— on April 26, 2011, communicated the "Revocation of Award and Annulment of Title Processed Against the Owners of Lot 2-6 of Asentamiento Santa Teresa", as the General Secretariat communicated the agreement adopted by the Board of Directors in Article No. 45 of Ordinary Session No. 014-2011, held on April 12, 2011, wherein the recommendation of the directing body of the administrative proceeding was accepted, ordering in the relevant part: "Having viewed the situation thus, we must address determining whether or not the grounds for abandonment occurred in the present proceeding, carrying out an analysis of both the regulations in force and the evidence and the material facts themselves. // Article 145 of the General Public Administration Law (Ley General de la Administración Pública) states that “the effects of the administrative act may be subject to effectiveness requirements, set by the same act or by the legal system.” This provision is very important for the following regulatory analysis, since the determination of the existence of the investigated grounds will be derived from it or not. Article 12 of this same legal body provides for the legal impossibility of repealing or disapplying written rules (Regulations, etc.) or unwritten ones that make up the administrative legal system for specific cases, and Article 11 of the cited legal text constrains us in administrative action to the principle of legality according to which the Public Administration can only carry out those acts authorized by the legal system.// In the present case, at the time the IDA granted the property to the administered parties, the Autonomous Regulation for the Selection of Beneficiaries approved by the Board of Directors in Article V of Session 88-93 of November 22 was in force, with its Article 60 warning that it would govern from its publication in La Gaceta, which occurred upon being made public according to La Gaceta No. 32 of February 15, 1994, a date from which this Regulation acquired legal force upon being integrated into the legal system that governs the Institution and the beneficiary users of the IDA's services. As Article 39 of this Regulation states, and based on Article 87 of Ley 2825, the IDA would reserve from the lands destined for parceled settlements, the areas required for the establishment and development of population centers. Numeral 40 continues by saying that in these centers, the award of housing lots will be granted in favor of low-income families, lacking housing and who are willing to build it under the terms established in the Regulation. Article 42 reiterates the need for the beneficiary to build the dwelling within the regulatory timeframe and to HABITAT IN IT. Article 43 is the one that defines the deadline to begin construction of the dwelling, which is set at six months from the award and one year to complete it. Article 44 in fine concludes by stating that “if for any reason the awardee could not build the dwelling within the established timeframe, their award shall be rendered void.” This is, as stated above, a condition of fact and of law that causes the act to be rendered void, automatically, if it is not fulfilled. // The philosophy and foundation that the Institute had for granting this type of properties called housing lots was thinking of those people who, without having a purely agricultural vocation and dedication, and who had or have some type of salaried job or a small business of their own but lack land to live in their own home. In this way, the IDA facilitates the land and opens up the possibility of accessing the housing subsidy or soft loans for social-interest housing. In this regard, the Costa Rican State, not only through the IDA, has made enormous efforts and large investments in the acquisition and distribution of land for these purposes in order to alleviate the great social pressure regarding housing. It is thus that in the latest versions of the Regulation governing the selection of beneficiary families, chapters have been inserted that regulate and refer to this matter. // In the case of the lot awarded to Mr. MARIO FRANCISCO FALLAS SÁNCHEZ and Mrs. YILCA OFELIA QUINTERO ESPINOZA, taking into account the purpose and the analysis made of the grounds for abandonment, as well as the stipulations of Articles 43 and 44 in fine of the aforementioned Regulation, the evidence contained in the administrative file, the IDA, as well as that found on the land, the alleged grounds are deemed fully demonstrated, as they failed to build their house and inhabit it, according to the purpose intended for the lot granted to the administered parties, with no justification from the administered parties, especially since 15 years have passed from the date of the award to today, in addition to the existence of basic services inferred by the very presence of dwellings in the surroundings and the existence of the community already established in the Asentamiento, and in this particular case we are clearly facing an unjustified abandonment of the property and the occurrence of the condition subsequent of the right as awardee, according to the text of Article 42 of the Regulation in force when the property was awarded and transferred to them, the IDA needing to recover said property in such a way that it is appropriate to revoke the award to Mr. MARIO FRANCISCO FALLAS SÁNCHEZ, identity card number 1-0523-0691, and Mrs. YILCA OFELIA QUINTERO ESPINOZA, residence card number 4198979, with the subsequent annulment of Title over the estate of the Province of Puntarenas, registration number 95.747-001-002, and declare the extinction of the respective right and beneficiary status.// THEREFORE: // In accordance with the considerations set forth and the provisions of the cited Land and Colonization Law, it is ordered: 1) To revoke the Award with the subsequent annulment of the Title of Ownership and the extinction of the respective right and beneficiary status, to Mr. MARIO FRANCISCO FALLAS SÁNCHEZ, identity card number 1-0523-0691, and Mrs. YILCA OFELIA QUINTERO ESPINOZA, residence card number 4198979, owners of lot 2-6 of Asentamiento Santa Teresa, property of the Province of Puntarenas registered under registration number 95.747-001-002. 2) To cancel the encumbrances registered under citations 430-03900-01-0936-001 of IDA Limitations, and other encumbrances and annotations that prevent the proper registration of the judicial request that this order entails, provided they lack the due legal authorization from this Board of Directors, and therefore, to revert said property to the name of the INSTITUTO DE DESARROLLO AGRARIO, of this domicile, Legal Entity ID Number 4-000-42.143, which will be communicated to the Real Property Registry through the appropriate judicial request, the alleged grounds having been proven, having breached the obligations imposed on the awardees by our Ley de Tierras y Colonización 2825 of October 14, 1961, and its reforms, for unjustified abandonment, Articles 66 and 68 in its paragraph 4) subsection b). 3) To order the Paquera Subregional Office to proceed to carry out the corresponding field study so that immediate possession of the property is taken and, otherwise, to initiate the eviction proceeding against any person who is there illegally, the administered parties needing to be warned to refrain from introducing any improvement on the property, except what existed at the time of notification of the initial act and transfer of charges. Likewise, the Central Pacific Regional Directorate is ordered to take the necessary steps for the respective appraisal of useful and necessary improvements for the purpose that the lots and parcels must fulfill, in accordance with the cited Article 66 in its final paragraph, provided they prove they made them from their own resources; likewise, in case an eviction must be carried out against any illegal occupant. // 4) To authorize the Legal Advisory Office of the Central Pacific Region, so that once this resolution is final, it communicates by judicial request to the Real Property Registry, the order of annulment of the title of ownership over the aforementioned estate, so that they are reverted to the name of this Institute, in accordance with the provisions of Article 7 in its subsection e) of Law N6735 of Creation of the I.D.A. // 5) In case of disagreement by the revoked parties, an appeal may be filed against this resolution before the Tribunal Agrario within a period of 5 business days, counted from the day after receipt of the notification of this resolution, in accordance with Articles 66 and 177 of Ley 2825 de Tierras y Colonización of October 14, 1961, and Article 2 subsection f) and Article 12 subsection d) of Ley de Jurisdicción Agraria 6734 of March 25, 1982, which must be filed before the Regional Directorate, located in Coyolar de Orotina or at the nearest Subregional Office.// AGREEMENT APPROVED UNANIMOUSLY." (Administrative file, folios 55-49).
- 14)By means of appraisal No. ROCAS-66-2013 prepared by Eng. Ronald Fco. Carrillo Sánchez, in the month of July 2013, corresponding to the useful and necessary improvements of lot 2-6, Asentamiento Santa Teresa, Cóbano Puntarenas, it was determined that there was no sum to be paid for useful and necessary improvements, since none were observed. (Administrative File, folios 83-78).
- 15)The Board of Directors of the IDA, according to official communication of February 26, 2015, sent to the Legal Advisory Office of the Central Pacific Region, communicated the agreement adopted by the Board in question, Article No. 20 of Ordinary Session No. 007-2015, held on February 23, 2015, wherein appraisal ROCAS-66-2013 was approved and ordered the Legal Advisory Office to communicate the agreement. (Administrative File, folios 89-88).
- 16)The Legal Advisory Office, by order at 8:53 a.m. on February 27, 2015, resolved that the aforementioned Board of Directors' agreement could not be notified because the administered parties did not indicate a means or place to receive notifications. (Administrative file, folio 91).
- 17)In accordance with certification No. RNDIGITAL-2016182-2019 issued by the National Registry in relation to the property of the canton of Puntarenas, real folio registration No. 95747-000, lot 2-6, it appears registered in the name of the Instituto de Desarrollo Rural, according to registration on May 10, 2011. (Judicial file image 306).
- 18)The Sala Constitucional of the Supreme Court of Justice, by vote No. 2019011214 at nine thirty hours on June 21, 2019, outright rejected the amparo appeal filed by the plaintiffs here, in accordance with Article 35 of Law No. 7135, the protection of fundamental rights proceeds when filed within two months when the violation has ceased, and in this case, the Chamber considered that more than eight years had passed since the revocation of the award of the land of their interest occurred. (Judicial file, images 307-313) 19) The Sala Constitucional, by vote No. 2024078680 at nine twenty hours on July 3, 2024, rejected the action of unconstitutionality brought by the plaintiffs against Article 112 subsection i) of the "Regulation for the Selection and Assignment of Land Applicants (Reglamento para la Selección y Asignación de Solicitantes de Tierras)" of INDER, relating to the possibility of notifying INDER awardees via edict (edicto) on the grounds that it is contrary to the constitutional principle of legal certainty. (Judicial file images 586-635).
- B)OF THE PARTY STATEMENT AND TESTIMONIAL EVIDENCE:
- 20)MARIO FRANCISCO FALLAS SÁNCHEZ, ID card 1-0523-0691, resident of the United States of America, Florida, Hallandale, after being warned and sworn, stated in response to questions from the INDER representative. He stated that he knows property 02-6 of Santa Teresa de Cóbano. He indicated that the IDA (now INDER) gave him that property to build a dwelling and inhabit it. He did know that INDER could supervise the property. That property 02-6 corresponds to registration of Puntarenas, Real Folio 95.747. He indicated that he did build the dwelling that is there. That the property was given to them in 1996 and they began little by little with scarce resources and the help of neighbors. The dwelling has a concrete base, the upper part is made of wood with floors of the same material. It consists of three rooms, on the ground floor it has a kitchen, with living-dining room and a bathroom. A water tank was built since water was scarce and a bathroom was built for it so that when people arrived they wouldn't track sand into the house. He stated that he did live on the property, since it was assigned to him. That he lived there for fifteen years and at the end they were renting it to a man for parking quadricycles. He indicated that he went to live in the USA four years ago. When he signed the contract, he was living in Costa Rica and the contract was signed in San José, as he was running some errands. He indicated they never visited him. He denied having gone to the INDER offices to update his information. He denied having requested permission to rent, since he indicated he rented it after the fifteen years had already expired. He stated that he found out that INDER had registered the land in its name because the man to whom he rented was interested in buying it and told him that the land was not my property and for that reason I hired the lawyers, without specifying the year. To the questions from the plaintiff, he indicated that he lived there since 1996. He indicated that he did have relationships with the neighbors, one named Manuel, the wife Iris, Celín, Carlos Zúñiga, but now he does not remember them all. That he worked, he went to clear lots, to fish. There were no questions from the interested third party. The Court asked if the contract he made with Mr. Gerardo was done in writing and that it was done with a lawyer. (Statement given during the oral and public hearing).
- 21)Statement of YILCA QUINTERO ESPINOZA. After being warned and sworn, she presented her Panamanian passport as identification. To the inquiries of the INDER representative, she answered that she does know property 02-6 of Santa Teresa de Cóbano, which the IDA gave them to build and live on. She acknowledged that the IDA could supervise the land granted to her. That the real folio registration No. 95.747 of the province of Puntarenas indeed corresponds to the property granted. She indicated that they did build on the lot, that it was very difficult for them to build the dwelling, that the bottom part was concrete and the upper part was wood, as well as the floors and stairs. It had three rooms upstairs and downstairs was the kitchen, dining room, living room, and bathroom. Also, outside there was a bathroom and a water tank, where she lived with her husband. That the size was adequate, that she was not a topographer, but the size was adequate, she could not calculate the frontage of the dwelling. She stated that she lived on that property, more than fifteen years in that place. She went to live in the USA about four years ago. In 2011, she does not remember where she lived, but it was in San José. That she lived in Cóbano, where her property was. Regarding the rental, she indicated that she understood her husband rented to a man for parking quadricycles. She does not know if she signed. She did not know that the IDA registered the property again in its name on May 10, 2011, until she was told it was no longer in her name, by the man to whom it was rented and from there they sought out the lawyers who have handled everything. She stated that she never received any notification. To the inquiries of her lawyer, she indicated that her way of earning a living in Cóbano was by taking care of children and that way she earned the little money to help her husband. She knew the neighbors, Mrs. Iris, she took care of her daughter. Mr. José, she also took care of his child. She indicated another neighbor known as el Negro. We had gatherings, at Christmas, New Year's, when they fished we got together like a family, that this has been very difficult. The representative of the interested third party did not ask questions, nor did the Court. (Statement given during the oral and public hearing).
- 22)The witness RONALD LEWIS MC LAREN, ID 1-543-035, after being warned and sworn, stated to tell the truth. To the INDER's questions, he indicated he holds a law degree and that he was responsible for carrying out the directing body proceeding and that he has worked in the INDER regional office for 17 years. To the questions from the plaintiff, he indicated that he does remember the administrative proceeding carried out, since he was asked to initiate the revocation with the annulment of the title of lot 02-6 of the Asentamiento Santa Teresa, given that what they told him was that there was no house and according to the regulations there had to be a house and the Regulation that was in force at that time, since when the INDER awards a property for housing, they have a period of six months to begin construction and one year to complete it, and that when the administrative file was passed to him they indicated that the property was without construction, I saw the technical reports and that of the agrarian coordinator who was the one who passed it to me and I was told that the awardees were not on the lot since there was no house and the address we have for them is precisely that of the lot which is where they should have been living. For this reason, an edict was published twice consecutively, according to the regulations, a hearing is convened, and when the date of the hearing arrived they did not appear, and then when they did not attend the hearing was closed and the report was elevated to the Board of Directors which is the body responsible for resolving it. To the inquiries about who told him what was stated, he specified that from the administrative file it is evident from the technical report that there was no construction, from the photos it contained and from what was indicated in it by the technician and the agrarian coordinator, who endorse that it be elevated for revocation, since it is presumed that what is in the administrative file is reliable. He indicated that he believes there were previous supervisions. Within the analysis of the documents in the administrative file, he did not recall that it had inconsistencies, that he reviewed the report and the lot was without the house. He does not remember when the previous inspections were carried out. That he is the directing body and upon seeing that there was no construction, which is the legal address of the awardees, that is why he sent for publication by edict, given that he verified that the house was not there and sent for publication by edict, a decision that he made. Regarding whether there was a technical reason not to notify at the property, he indicated that he does not know it, but according to the Regulation, it must be published at the domicile and in the absence of a house, it is done by edict and he remembers that the technician asked neighbors and they did not know them. I don't remember exactly which neighbors were spoken to, but the main reason was that the house was not there. At the time of conducting the proceeding, he indicated that he did verify that the legislation used was in force. In relation to the judicial request, he indicated that it is a public registry notice of a power that the INDER has that there is a dispute on the property and it is done in most cases, when the administrative file enters the legal advisory office and if the dispute is corrected and results in nothing, the judicial request is ordered lifted, which is the first thing done. He indicated that the judicial request was registered on the margin of the estate. The judicial request was canceled when the property was registered in favor of INDER, so it is ready to be granted again. He was consulted if he knew about that request for a judicial request, which was not ultimately registered, to which he indicated it was his understanding that it was indeed registered and was later removed upon registration. He was consulted if he knew that the Reglamento para la Selección de Tierras had been repealed in 2010, he indicated that he is not clear on it, since as I said that was eleven years ago, so he assumes he used the regulation that was in force at that moment. He clarified that he does not remember if that regulation was modified or repealed. The plaintiff's representative concluded his inquiries. The word was continued by the INDER representative, who asked if the revocation proceeding included the payment of improvements, to which he answered affirmatively. He recalled that in this case the process for payment of improvements was done, since when the Board's agreement arrives ordering the property be revoked, the corresponding steps are ordered and the appraisal of useful and necessary improvements is commissioned. That in this case it was zero colones since there were no improvements. The questions concluded and the word was given to the interested third party, who asked him about document OSPA-OJM-006-2011, which he indicated he do know. He denied having prepared it himself, but rather the INDER technicians did it. To the inquiry, he indicated that the photographs referred to in his statement are those contained in this document. He was consulted on whether there was a house, to which he indicated that the house seen is on the other lot. To the inquiry of how he knew it was part of another lot, he indicated that the boundaries are there, between where the water tank and the house are seen, that is where the boundary line goes. He indicated that the report does not say so but it is by logic. He indicated that that house belongs to another person. That he did not visit the lots personally since he is not a technician. He stated that had he considered it, he would have gone to see them. He denied that the report specifies with coordinates where the water tank and the house are. He indicated that he has no reason to doubt the information recorded by the technicians, it is real information. He specified that the report recorded by the technician stated that he asked neighbors if they knew them, but it does not indicate who was asked. He specified that it was obvious that the technician did not have to investigate the identity cards of the people, when it was evident that there was no house on the lot. He was consulted if he received a recommendation to notify by edict, pointing out that the agrarian coordination when sending the report does indicate that it must be done, but he as the directing body evaluates that and considered that since there was no house, nor did they know them, the recommendation was made to do it by edict. Regarding the number of inspections conducted, he stated that the report does not have to indicate how many inspections were conducted and it must specify the date and time of the one conducted for that report, not of the others. In this case, it only refers to the one that was being done. To determine unjustified abandonment, it was conducted based on this report, since the lot is for residential use and it does not matter if there were crops, like a mango or guava tree, that is abandonment just the same, as there was no dwelling, since when the contract was made they had six months to begin construction and one year to complete it. The INDER representative did not ask further questions. To the Court's questions, he indicated that he was not on the land, that he based himself on the report where it says there was unjustified abandonment and that he verified by what the directing body proceeding was carried out. He was consulted if he conducted the opening of the directing body proceeding visible at folios 25 and ends at 24 where he signs, acknowledging that he did it. He was consulted about the annotation of the judicial request, if what he indicated in that regard is what appears at folio 33 of the administrative file and he indicated yes, that this is the judicial request for annulment. He indicated that he determined the boundary based on the photograph from this report. He recognized that where the water tank is located is lot 2-6 and that this was the document he took as a basis for the proceeding. The interrogation concluded. (Testimony given during the oral and public hearing).
- 23)The witness OLGER JIMÉNEZ MOLINA ID 2-549-972, indicated that he works at INDER as a field technician for seventeen years and denied any interest in the outcome. The plaintiff's representative began the questions. Regarding the case, he recalled that the inspection was carried out in 2011, in Asentamiento Santa Teresa, on the property in question, he described the inspection conducted, pointing out that there were hibiscus hedges (zetos de amapola), with concrete posts, there was a small building that served as a well, there was garbage and the grass was about fifty centimeters high, there was a two-story house next door, no one was there and upon asking some neighbors if they knew them, the answer was negative. He indicated that he located property 2-6, as they carried the settlement map and a sketch (croquis), that generally when those types of reports are made, they carry all the information. Regarding the sketch, he indicated the map. He denied having used satellite or technological location instruments to know the exact location of the estate. He stated that he was accompanied by Mauricio Mora. He specified that both signed the technical report, regarding the record (acta) he believed so too. The record was requested to be shown (visible at folio 14 of the administrative file) and he indicated that in this case he only signed it and he drafted it and that possibly the colleague Mauricio omitted the signature. He pointed out that thoroughness is important in these types of reports. Regarding the indication of the people consulted, he indicated they were people passing by, as the neighbors were not there.
He stated that he asked the people passing by and did not record their names. Regarding the house that appears in the report, he stated that he was at the neighboring house and that he knew that because of the concrete posts (zetos) up front that ended there and because of the edge of the construction of a well or structure, and that the neighboring house has different characteristics. He stated that in front there are poppy concrete posts (zetos de amapola) with concrete posts and that is how he identified the boundary line. He made that location visually, not technically with geolocalization or an instrument. The floor was given to the interested third party, who did not ask questions. The representative of INDER asked him if he knew the Santa Teresa settlement in Cóbano, to which he indicated that he did. He says he began working in 2007. He did not know Don Francisco Fallas Sánchez or Yilca Quintero Espinoza. He did know lot 2-6 of the Santa Teresa settlement, which at the beginning of 2011 was as he just detailed during the inspection. He denied that there was a dwelling house within the property. He stated that he was unable to locate the whereabouts of Don Mario or Doña Yilca and does not know if they ever visited the INDER offices in Paquera, and he specified that he did not know the inhabitants of the property adjacent to lot 2-6. The Court asked about the administrative file, folio 19; he indicated that yes, that is the report he prepared during the visit. Regarding the photographs, he specified that he took them and inserted them there. In relation to the tank that is observed, it is on property 2-6 and the construction behind it is a type of warehouse, but it is not a house. He denied having observed a building footprint (huella constructiva). The poppies are the front of property 2-6. In relation to the record visible at folio 14, he read it. He stated that that day he went with a colleague to conduct the inspection. That among his functions or duties, at that time it was to carry out field inspections, to see if the appropriate use was being made in accordance with INDER's purpose, residential or agricultural parcels. For that, the reference was Law 2825, Articles 67 and 68, to see if the corresponding use was being made. He indicated that the dwelling seen in the photos is not on lot 2-6, but on lot 2-7, and on the other adjoining boundary there was a business and a dwelling house. The testimony was concluded. (Testimony given during the oral and public trial hearing).
- 24)RONALD FRANCISCO CARRILLO SÁNCHEZ, 1-827-575, after being warned and sworn, stated he would tell the truth. He works at INDER since 2011 and serves as an Agricultural Engineer. In response to questions from the representative of INDER, he indicated that he has been preparing appraisals for more than ten to twelve years for IDA, now INDER. He has performed appraisals in the Santa Teresa settlement of Cóbano and recalled that he indeed did the appraisal on lot 2-6, dating from 2013, by order of the Central Pacific Region assigned to the Paquera office. He used the methodology approved by the Board of Directors at that time, which consists of a field visit, having a witness assist for any event that might arise, walking the property, considering the plan corresponding to the property, its registered status, and reviewing the corresponding order, in this case for the payment of useful and necessary improvements (mejoras útiles y necesarias). He visited the property; it was nearly flat, had cover of plants called weeds, no use for which it was intended could be found, no orchard, no productive installation, no dwelling, nor anything that would reference a probable human use, taking the considerations of the case into account when preparing the report. The appraisal amount indicated that, by the method used, it was zero colones. The representative of the plaintiff party took the floor. He indicated that indeed, at the time of inspecting the property, he was able to walk and enter the property. In relation to taking photos, he indicated that due to a camera situation, it did not work at the time, so he recorded that situation; in the conclusions section he recorded that situation and what he saw, signing it of course. The representative of Don Gerardo Villalobos Montero, interested third party, indicated that it is not ideal to do an appraisal without photographic support; however, under the circumstances, what happened must be made clear, to match the expected methodology versus the expected results; it was an unplanned situation and upon seeing the situation, with my signature I recorded that the photograph could not be taken, but describing what I saw. It is not normal, but it happened. He subsequently did not have the opportunity to obtain a camera to take the photographs, since he was assigned to the Territorial Office of Orotina and once that work was finished, he had to return to the Orotina office and we did not have the possibility at that time to go back to get a camera. He did recommend measuring the lot because there was a neighbor, looking at it from the front on the right-hand side, who said that we were invading his land, and we said that cannot be, so at the time, in good faith, it was argued the need to avoid problems with neighbors by bringing a total station; I do not know if it was done, that part is not my responsibility, but it was indeed recommended at the time. The interested third party concluded his questions. The Court passed him the administrative file and asked him about the appraisal contained in the file, and he indicated that yes, that was the appraisal done by him and the corresponding signature. He specified that that was the note he recorded about the camera problem. He saw page 17; in relation to the photographs contained in the file, he specified that the property was accumulating a load of waste. The topographic station matter is to carry out a resurvey, and the surveyor cannot enter private property. He located the property because he was accompanied by a technician from the Paquera office and a plan from IDA, of which he had a copy to ensure the measurements. He indicated that the person who made the claim was from that house on lot 2-7, due to a usage of the property; I do not recall having seen that, but the person was from lot 2-7. He indicated that it was a young man. He does not recall having seen the construction of the water tank. The testimony was concluded. (Testimony given during the oral and public trial hearing).
- IV)FACTS NOT PROVEN: Of importance for the resolution of this proceeding:
- 1)The existence of damages and losses by reason of the manner in which it is resolved. (The case file).
- 2)That expiration (caducidad), statute of limitations (prescripción), or constitutional res judicata (cosa juzgada constitucional) has operated. (The case file).
- 3)That the property has any other limitation; for example, that it forms part of the public domain (demanio público). (The case file).
- V)ARGUMENTS OF THE PARTIES: A) OF THE PLAINTIFF PARTY: The representation of the plaintiff party, both in its theory of the case and in closing arguments, reiterated that in this case they have undertaken a review of the file, of the actions carried out, because from the outset the procedure itself, its form, its expedited nature, and the notification by edict (edicto) raise alarms, not that the Administration is efficient, but because it seems to them that there was different treatment in this procedure and this leads them to review the file with great detail and care. Our theory of the case, our analysis of this situation, of these legal facts, and the foundation are basically summarized in three elements: The first element is that we have an absolutely null act; we will develop this throughout the hearing and we will conclude on this as well, but it is important to establish from the outset that this file that annuls the title that the plaintiffs had is based on regulations that were not in force at that time. Visible at folio 97 we can see document AJORO-RL-020-2011 and that document states that it uses the 2004 Autonomous Regulation for the Selection of Applicants (Reglamento Autónomo para la Selección de Solicitantes), which was repealed by Session 29 of September 3, 2007, but not only that; visible on page 105 of the judicial file, we see the act initiating the administrative procedure and it says that it is based on the Regulation for the Selection of Land Applicants (Reglamento para la Selección de Solicitantes de Tierras) of 2008; however, that Regulation was repealed by Article 1, corresponding to the repeals section of the Regulation for the Selection and Assignment of Land Applicants (Reglamento Para la Selección y Asignación de Solicitantes de Tierras), published in Gazette No. 116 of June 16, 2010, and it is part of the theory of the case that this issue be analyzed, since the use of repealed regulations implies the absolute nullity of the acts and procedures carried out. This is an administrative act that is absolutely null and, being absolutely null, it finds no possibility of execution in reality and in the legal system, completely lacking essential elements; but moreover, because it is a continuous act that has maintained its effects over time, effects that refer to the dispossession of the plaintiffs' property, it necessarily implies that there is no statute of limitations. Thus, we have an administrative act and a procedure that is based, that began and was carried out under repealed regulations; which, moreover, becomes more serious when analyzing that it was notified by edict, which was the first option for notification and not the last, as established by logic, convenience, and justice; it was the first and only one carried out; no second visit was made, nor was any attempt at notification made, despite the gravity of this procedure, which is to dispossess two persons of land legitimately granted to them. The second element, which is an absolutely legal element, is that when this procedure was notified by edict, the first notification being January 28 and the second January 29, 2011, the right was already consolidated; this is affirmed because on January 23, 1996, property 2-6 was assigned to Doña Yilca and Don Mario, through the Board of Directors agreement, Article L, Session 02-1996, visible at folio 139 of the judicial file. Although the deed was granted before the Notary Public at a later date, the fact of the matter is that the right is born; the obligations are born and become due from the date on which that right is granted and the right is not granted from the date of registration in the Public Registry, but from the moment the Administrative Act generates that right; this has already been analyzed by the First Chamber of the Supreme Court of Justice, in resolutions No. 275-2011 and 2755-2019, where it was held that they are born from the act that grants the land adjudication (adjudicación de las tierras), with the agreement of the Board, insofar as it is a duly published administrative act. Furthermore, it is INDER itself that, through Circular RIM-023-2012, visible at folio 175 of the judicial file, states that the limitations must be registered from the date of the act and not from the date of the deed, and it says so expressly. The defense of INDER states that there is an annotation in the Registry; however, that position is not correct, there being an error in that annotation and error does not create a right. As a third element, the procedure has a series of defects, there are omissions in the inspection records, all this will be demonstrated, there is a notification by edict as the last resort, without a true attempt at notification having been made, signatures are missing, prior visits are not verified, there was a lack of rigor, a repealed regulation was used, etc. In relation to the exceptions of expiration and statute of limitations, he stated that Art. 41 of the CPCA establishes a term in accordance with the substantive right applied, and in this case, the dispossession of a property is alleged whose statute of limitations under the Civil Code, Art. 868 prescribes at ten years; but moreover, we have an absolutely null act of continuous effects, so the term to challenge that nullity has not prescribed. Regarding the lack of right, he indicated that his arguments are clear, specific, and precise and guarantee the right to property. In relation to the lack of interest, he indicated that this interest remains, since the right was consolidated prior to the publication of the edict that initiated the procedure. Regarding constitutional res judicata, he stated that no such thing exists, since what is discussed here is a matter of legality and not of constitutionality, and he requested that the exception of lack of active and passive standing be rejected, since it was INDER that issued the acts, his clients holding the title. In relation to the closing arguments, Dr. Rubén Hernández Valle stated that the Regulation with which the procedure was opened was repealed in 2010, meaning the procedure was opened with a regulation that had been repealed for a year; therefore, the act of annulment of the plaintiff is absolutely null, both for violation of Article 128 of the LGAP, as it does not conform to the legal system, and with Article 133, first paragraph of the same law, because the act lacks a legitimate basis (motivo legítimo); let us remember that the basis is the legal and factual reasons that justify the issuance of the act; in this case, the legal reasons were non-existent, so the opening act is vitiated with nullity for express violation of Articles 129 and 133, first paragraph of the LGAP. Secondly, when the administrative procedure was opened, the plaintiff's property right had been consolidated, since the date of convalidation (convalidación) was taken as the date of registration in the Registry and not the date on which it had been approved by the Board of Directors, and the jurisprudence of the First Chamber of Cassation has been clear that the convalidation period runs from the act of the Board of Directors and not from the registration in the Registry; so when the procedure was opened, the plaintiff's property right was consolidated, consequently everything acted upon subsequently was absolutely null; what should have proceeded was perhaps to declare the act harmful to the public interest, and go to the contentious-administrative court to request its nullity, but that was not done. Thirdly, the nullity proceeding in any case violated Articles 155 and 173 of the LGAP, since, being a matter of annulling a subjective right, it had to take into account the participation of the Office of the Attorney General (Procuraduría General de la República), and therefore it also presents that additional defect of illegality. As for the exceptions of constitutional res judicata, firstly because the amparo appeal was rejected for having been filed untimely, under Article 35 of the Law of Constitutional Jurisdiction (Ley de la Jurisdicción Constitucional). In this case, the amparo should have been filed two months after the act, and the Chamber could not hear it as there was a procedural expiration and this did not produce constitutional res judicata; nor in relation to the unconstitutionality action, since the Chamber rules on norms and not on subjective acts capable of being challenged by the action, and the Chamber declared the norm that allows notification by edict constitutionally valid, and this case is a matter of legality; what was challenged was what the Chamber rejected, this jurisdiction being competent to hear it. Then, the exception of the statute of limitations is also not admissible, since in this case what is established in Article 39 of the CPCA does not apply, but rather what is established in Article 41 of the CPCA in relation to Article 858 of the Civil Code, and this regulation establishes that when dealing with absolutely null acts, the statute of limitations period is ten years and not one year, and consequently the exception of the statute of limitations must be rejected for being based on an inapplicable norm. In summary, those are the conclusions and we are in the presence of an absolutely null act for the reasons indicated. B) ARGUMENTS OF THE DEFENDANT PARTY: The representative of INDER indicated that the institution's thesis is that the beneficiaries of a property must comply with the limitations established by law, and if the institution, within the convalidation period, detects non-compliance, INDER is empowered to initiate the revocation procedure with the subsequent nullity of the title deed, which in this case is parcel 2-6 of Santa Teresa of Cóbano, a 732 m2 plot that was designated for housing, so that the persons could build and live in it, in order for them to become economically emancipated with the help of the State. The plaintiff parties consider that there is a presumed illegality in the administrative procedure; however, the institution raised the defense of constitutional res judicata since the same plaintiffs, in 2019, went to the Constitutional Chamber of the Supreme Court of Justice, and in ruling No. 11214-2019 at 9:30 a.m. of June 21, 2019, the Constitutional Chamber indicated that the events concluded in 2011 and they appeared before the Chamber alleging violation of their fundamental rights, and the Chamber dismissed the amparo due to the time elapsed to have eventually alleged any defect within the process, and I consider that this matter has already been resolved. Also, the plaintiffs, dissatisfied with the publication of the edicts and that it was regulated, filed an unconstitutionality action, and the Constitutional Court, in ruling No. 18680-2024 at 9:20 a.m. of July 3, 2024, also dismissed the action and declared it without merit, indicating the possibility of publication by edicts to initiate the revocation procedure, which are in the digital file and are applicable to the case due to the nature of the rulings of the Constitutional Chamber. Thus, he indicated that this defense can be argued since this issue was resolved by the binding resolutions of the Constitutional Chamber, so it is requested that it be resolved in the judgment. As for the exceptions of expiration and statute of limitations, we request that they be resolved based on Art. 39 of the CPCA, since this concluded in 2011 and the parties filed suit eight years later; therefore, these exceptions should be granted since the term for filing the claim has elapsed. Regarding the statute of limitations, INDER considers that the indemnification action is time-barred under Article 198 of the LGAP, as the four-year period for claiming any type of indemnification has elapsed, calculated from the registration of the reversion (reversión) of the property on May 10, 2011, giving registry publicity to everything carried out by INDER. With respect to the administrative procedure that INDER initiated for the revocation, it is in accordance with law, since it is a power to audit whether there was non-compliance, and the Administration can revoke because the objective created by law was not fulfilled; thus, it is considered that the exceptions of lack of right, lack of active and passive standing, and lack of interest should be granted. This is our theory of the case. The representative of INDER requested that this proceeding be dismissed and that the plaintiffs be ordered to pay both costs, as well as the interest generated until their effective payment, and that the exceptions timely raised be granted; for that, I rely on the fact that INDER, since its creation, has been based on a social function of property so that persons could have land to emancipate themselves economically together with their family; in this case, plot 2-6 of the Santa Teresa settlement was designated for the construction of a dwelling house and for them to live in it; it was given to the beneficiaries with the limitations of fifteen years established by law; the institution having the obligation to inspect the properties, to ensure that the contract signed by both parties is effectively complied with, as this is a controversial matter, since being a contract it is bilateral, consensual, and for the actual transfer to occur under the regulations of the 1888 Civil Code, it must be duly registered in the National Registry, and any restriction imposed on the property requires the consent of the acquirer, which is embodied in the public deed (rública de la respectiva escritura pública), since it carries a series of legal limitations that the parties must be aware of, which in this case began on February 10, 1996, and ended on February 10, 2011; during that period, in January 2011, the institution carried out an inspection of the property to see if they were complying with the contract signed between the two parties, and effectively there was no dwelling house, and evidently the whereabouts of the beneficiaries were unknown, as Don Olger indicated, that upon inspecting, he found a water tank, garbage, and Don Ronald Castilla reaffirmed that when he went to do the appraisal for the payment of useful and necessary improvements, these resulted in zero colones since there was no improvement or construction. When the location of the persons is unknown, notification is made by edict, in protection of the various regulations that the institution has had for the revocation of the title deed, which concluded with the reversion of the land to the patrimony of INDER, and thus it was registered in the real folio 95747 on May 10, 2011; indeed, in this case there is an evident and manifest expiration (caducidad) of the proceeding, in protection of legal certainty; while they are alleging inconsistencies in the process, the period to be able to allege any defect within the procedure has elapsed, and even the plaintiffs never appeared in the administrative procedure to present any claim before the institution or before the superior, nor did they file review processes; instead, once the statute of limitations and expiration periods had elapsed, the same constitutional court emphasized that eight years have passed since the events occurred, so I request that the exception of expiration be granted in protection of legal certainty, in application of Article 39 of the CPCA, and this case began in 2019; also the matter of the statute of limitations, since indemnification for the value of the property is sought, however, any claim before the Administration should have been filed within four years, and there is a lack of right since there is non-compliance due to the unjustified abandonment of the property, they did not comply with their contractual obligations, and the Institute had a lawful cause to revoke the property; surprisingly, the plaintiffs knew that this land did not belong to them and decided to continue using the land that, it is indicated, was signed in 2011 in the USA, and in their party statement they indicated that they lived in San José. INDER made a great effort for the country to improve the economic condition of the beneficiaries, and they must comply with their obligations, and when they do not comply, the institution is empowered to revoke the titles and eventually be able to allocate them to the objectives that by law correspond, for the benefit of the country. C) ARGUMENTS OF THE INTERESTED THIRD PARTY: The plaintiff party based its theory on three points of view: the factual relationship, the illegality of the administrative act, and the consolidation of property rights. He indicated that the acquisition of the parcel was acquired in the same contract signed with INDER upon adjudication, with the INDER Board of Directors agreement that occurred on January 23, 1996, such that the limitations began to run from this latter date, which was the adjudication on January 23, 1996. In this case, INDER delivered a lot for housing construction within a term established by the Regulation. The limitations expired on January 23, 2011, given that they are 15 years. He reiterated that the First Chamber, in the rulings indicated by the plaintiff party, states that the term of the limitations begins on January 23, 1996, when the parcel was acquired. INDER reached a conclusion with an erratic procedure contrary to law, and in 15 years only visited the lot once and reached a conclusion that it was abandoned, such that INDER carried out an inspection of less than 30 minutes without technical support to locate the place, causing a series of inefficiencies, since it was not recorded who accompanied him, whom he interviewed, etc., and there is no evidence that INDER conducted a new visit, and the opening act was carried out on January 12, 2011, when the limitations had already expired; thus, this opening of the administrative procedure, carried out under the Selection Regulation, Art. 112 and Law No. 2825, Art. 66, could not be done or applied under those criteria. INDER did not respect the principles of publicity, legal certainty, and res judicata, since the lien they registered in the Registry was done so poorly that it turned out defective, in such a way that it did not guarantee that the Administered party could have knowledge of the matter. He indicated that the Constitutional Chamber, regarding notification by edict, has said that notification by edict is the last resort, and in this case, it said that the parties could attend a hearing on March 17, 2011, to defend their position, and only INDER knew about this, given that the rights of my client were trampled upon. He indicated that the appraisal has no photos, lacks support, and has serious inconsistencies with the inspection record. That INDER carried it out on March 21, 2011, and on April 26, 2011, ordered the revocation in open opposition to the legal system, noting that the regulations under which they opened the proceeding were repealed. Regarding the illegality of the administrative act, he specified that with thirty minutes of being on the property, abandonment was accredited. No reference to witnesses was recorded, and he did not carry any technical instrument that could locate the place. He indicated that the person who performed the appraisal ordered that the property be measured again. He reiterated the issue of the limitations and their expiration, and that the client had arranged a rental from December 2021. In relation to the expiration, he indicated that INDER's own limitations had expired, so INDER could not carry out the indicated procedure, and that leads to a defect of nullity since, having the property right, everything INDER does, the act no longer has legal efficacy. Regarding the exceptions of current interest, he indicated that there is indeed a subjective right to protect. There is no constitutional res judicata, since what is being examined is an administrative act, and by law there is no statute of limitations, and the administration loses by not acting in its moment, in relation to expiration. In closing arguments, he endorsed the legal reflection made by the representative of the plaintiff party in his closing arguments. He indicated that another ground for nullity occurred with the form of notification, since he argued that no actions aimed at locating the plaintiffs were carried out. He specified that on January 6, 2011, Olger Jiménez observed a water tank, stating that there was no true attempt to locate the plaintiffs herein, leaving them defenseless when the edict was published in the Gazette; practically learning that there was an administrative proceeding against them to annul their title. On January 13, 2011, a procedure began to be opened, and the witness Lewis indicated that he did not know which regulation he had used, but the ineffectiveness of the regulation as such, being repealed. He was not consulted on the start date of the limitations, since they themselves say that Law No. 2825, in its Articles 66 and 67, begins to frame a series of obligations that have fifteen years to regulate them. Also, Articles 43 and 44 that he mentions regarding the obligation to build the house is six months, but always from the moment of adjudication, which was from January 23, 1996, and this gives until January 23, 2011, and they notify on January 28, 2011, giving three days for the summons when the property right was enshrined. Then he referred that the letter rogatory (exhorto) was canceled and that this arises to give notice to third parties. The official considered that they were duly notified and continued with the procedure. This was an express procedure. The illegalities were proven. He indicated that there were sufficient elements for the search for the real truth, in realizing that two signed the report and only one signed the record, which, while it could be something rectifiable, here he stated that if he had been told, he would have made a visit to the place. The documentary and testimonial evidence was consistent regarding the nullity in which the procedure was generated, and therefore the agreement of the Board of Directors must be annulled for being based on nullities that Dr. Rubén Hernández already explained. In relation to the exceptions, he requested their rejection, since regarding the matter of the statute of limitations, he indicated that a term different from the theme of property is being applied, and not that of an administrative proceeding. V VI) ON THE EXPIRATION AND THE STATUTE OF LIMITATIONS: In this case, the defendant party argued that, in accordance with the provisions of the CPCA, Art. 39, the present action is time-barred (caduca) and should be declared as such. The plaintiff party argued that in this case, expiration did not operate, since the defendant party is not correct that Article 39 of the CPCA must be applied, but on the contrary, Article 41 of this regulatory body. The Court rejects the alleged expiration, since it considers that indeed, in this case, Article 41 of the CPCA applies, as it states: "ARTICLE 41.- The maximum period to initiate the proceeding shall be the same as the legal system provides as the statute of limitations period for the respective substantive right being discussed in the following cases: 1) In civil matters of the Treasury." // 2) In tax matters, including the lesividad process.\" Specifically, the substantive right claimed is the property right that the plaintiffs held over lot 2-6 of the Santa Teresa Settlement and that was revoked by INDER. Thus, the Civil Code —substantive law— in its article 868, establishes as relevant that \"Every right and its corresponding action shall prescribe after ten years.\" Now, according to the proven facts, INDER registered the property of the province of Puntarenas, real folio registration number 95747-000, per certification number RNDIGITAL-2016182-2019 issued by the National Registry in relation to lot 2-6, which was registered again in the name of the Rural Development Institute, per registration on May 10, 2011, and with this trial proceeding being filed on October 29, 2019, against the INSTITUTO DE DESARROLLO RURAL (INDER) and notification thereof was ordered by order at seven hours and twenty-five minutes on November 1, 2019; INDER answering the complaint on December 19, 2019, this Chamber considers that between May 10, 2011, and the date on which the statute of limitations was interrupted —with the service of process— and the answering of the complaint on December 19, 2019, the aforementioned ten-year period had not elapsed, which is why this Chamber considers that the pleaded exception of expiration (caducidad) and statute of limitations (prescripción) must be rejected, based on the provisions of the standards in question.
- VII)CONSTITUTIONAL RES JUDICATA: The defendant alleged that in this case, constitutional res judicata (cosa juzgada constitucional) applied —on two occasions—. The first, according to the ruling by the Constitutional Chamber rejecting the amparo action, indicating that the Chamber had already rejected the claim of the plaintiffs herein regarding the violation of their property right; however, upon review of the Constitutional Chamber’s ruling, the representation of the plaintiff is correct that the Constitutional Chamber rejected the amparo by application of article 35 of the Ley de la Jurisdicción Constitucional, having stated that the dispossession of the property occurred more than eight years before the filing of the amparo and the Ley de la Jurisdicción Constitucional, art. 35, allows the protection of fundamental patrimonial rights only up to two months from the corresponding violation. Thus, Law No. 7135 provides: "Article 35. The amparo action may be filed at any time while the violation, threat, disturbance, or restriction subsists, and up to two months after its direct effects with respect to the injured party have completely ceased. // However, when dealing with purely patrimonial rights or others whose violation may be validly consented to, the action must be filed within two months following the date on which the injured party had reliable notice of the violation and was in a legal position to file the action." In accordance with the foregoing, this Chamber finds that INDER’s representative is incorrect, since the amparo was indeed rejected without going to the merits of the matter, the Constitutional Court having considered that the amparo action was untimely under the two-month period for the protection of purely patrimonial rights, as in this case. That being so, the exception pleaded in this instance does not apply. Further, INDER’s representative also pleaded the exception of res judicata based on the ruling of the Constitutional Chamber regarding the alleged violation of the principle of legal certainty by having carried out the notification by edict (edicto), an aspect in which INDER’s representative is also incorrect, since the Chamber found no defect in the regulation challenged as unconstitutional and that allowed notification of the plaintiffs via edict. That being so, this exception is rejected based on the reasoning set forth; since although the notice issue is a matter challenged by the plaintiff, the grounds for nullity of the administrative proceeding are based on other causes, as will be indicated below. Accordingly, the exception of constitutional res judicata is rejected.
- VIII)THE LAND AND SETTLEMENT LAW, LAW No. 2825 AND ITS AMENDMENTS. This Legislation, in force since October 14, 1961, at the time of its application to the plaintiffs, that is, in 1996, established in its regulations that its purpose, as set forth in its article 1, was to determine that land ownership should be promoted for the gradual increase of its productivity and for a just distribution of its product, raising the social condition of the peasant and making them a conscious participant in the Nation’s economic-social development; to contribute to the flourishing of republican, private, and public virtues, linking the citizen to a sound land possession regime; to contribute to a more just distribution of wealth; to contribute to the conservation and proper use of the Nation’s renewable natural resource reserves; to prevent the concentration of national lands in the hands of those who use them for speculation or exploitation to the detriment of the Nation’s interests. Lands in the hands of such interests must revert to the State in the manner provided by the Constitution and the law; to determine that land shall not be used for the exploitation of the agricultural worker. The State, by all means within its reach, shall stimulate the formation of agricultural cooperatives to combine the dignity of small property with the efficiency of the large enterprise; and to recognize, in accordance with the foregoing, the existence and legitimacy of private property. That is, through this legislation, the ordinary legislator sought to fulfill a social function of private property and to carry out a distribution of lands to those who met certain requirements. The members of the Board of Directors of the IDA, now INDER, had among their duties and powers, pursuant to article 30 of Law No. 2825, among others: "1) To ensure compliance with this law and its regulations; 2) To direct, within the provisions of this law, the agrarian, economic, and social policy of the Institute and to determine its organization; (...) // 8) To approve and order the execution of colonization, “cooperativization,” or simple land subdivision (parcelación) plans for lands acquired by the Institute for the purposes of this law, attending to the economic and social needs of each region in particular and the country in general, giving preference to zones close to consumption centers and communication routes; 9) To exercise, in accordance with the provisions of this law, the Institute’s control over colonies created by the State; 10) To cooperate in private colonization plans to orient them toward the purposes of this law, and to exercise jurisdiction over them in accordance with applicable legal norms; // (...) 13) To determine the land tenure regimes that the Institute must establish in its subdivision and colonization projects; // (...) 16) To approve the adjudication of lands to issue the respective titles; // (...) 18) To issue, reform, repeal, and interpret, for their application, the Institute’s service regulations, which shall be fully valid upon their publication by the Institute in the official gazette; (...)". Law No. 2825, in its Chapter IV, titled: "Subdivision of Lands," grants the Institute the power to carry out the subdivision (parcelación) of its lands to fulfill, among others, the following purposes: a) Better distribution of land; b) Resolution of inconvenient de facto situations, adjusting them to the law; and c) colonization purposes. Now, article 52 establishes as relevant that in subdivision or colonization plans, preference shall be given to those zones and lands where there are nuclei of precarious possessors and that are considered suitable for the purpose; to State lands, national reserves, and those that Autonomous Institutions, Municipalities, and other public entities place at the disposal of the Instituto de Tierras y Colonización for the purpose. Moreover, article 55 provided: "Once colonization, subdivision (parcelación), or land leasing has been determined, the Institute shall process the applications submitted in order to make the applicable adjudications. Applications may be submitted at any agency of that Institution." Thus, article 62 determined the requirements that every application to acquire parcels should contain, namely: "a) Name, surnames, personal details, and place of residence of the applicant, as well as any credit obligations in their charge; b) Name, surnames, and personal details of children living with the applicant; c) Technical capacity and experience in agricultural work of the applicant and the children living with them; activities they have engaged in and results obtained. // The applicant must commit to work the parcel personally and with their descendants, up to the second degree of consanguinity, provided they live with the applicant and are physically able to do so. // The applicant must declare, under oath, that they lack lands or that those they possess are insufficient." Then, the Law establishes in its section 65 that: "Once the adjudication of the parcels by sale has been agreed upon, the Institute shall issue in favor of the occupant a Provisional Possession Title setting forth their rights and obligations. // If the occupant has cultivated the minimum area indicated by the Institute and fulfilled all other obligations to the Institute’s satisfaction, they shall be entitled to receive a title of ownership, securing payment with a mortgage on their parcel." From this rule, in this Chamber’s view, it follows that the IDA, now INDER, in this case —regarding the plaintiffs— considered that they had met the requirements that the legal system established, both legal and regulatory, for the Adjudication of lot 2-6. From the proven facts, it is clear that on January 10, 1996, per official communication ST-A-001, issued by the Land Titling Programs Coordinator to the IDA’s General Secretariat, it was stated as relevant: " (...) // ASENTAMIENTO SANTA TERESA (...)// 1- IN COMPLIANCE WITH INSTITUTIONAL POLICIES AND WITH THE RECOMMENDATION OF THE OROTINA REGIONAL OFFICE AND THIS SECTION, I REQUEST THE ADJUDICATION, SEGREGATION, AND TRANSFER OF 60 PARCELS AND LOTS TO BE DESCRIBED BELOW, AS THE POSSESSORS MEET THE CONDITIONS AND LEGAL REQUIREMENTS DEMANDED BY LAW 2825 (LEY DE TIERRAS Y COLONIZACIÓN) OF OCTOBER 14, 1961, FOR THE ISSUANCE OF THE CORRESPONDING SUPPLEMENTAL TITLE OF DOMAIN. // (...) ASENTAMIENTO SANTA TERESA: (...) MARIO FRANCISCO FALLAS SÁNCHEZ (...) YILCA OFELIA QUINTERO ESPINOZA (...) 3. THE RESTRICTIONS TO WHICH THE PARCELS AND LOTS OF THIS GRANT ARE SUBJECT ARE THE SAME AS THOSE CONTAINED IN LAW 2825 OF OCTOBER 14, 1961 AND ITS AMENDMENTS. 4 AUTHORIZE AGRONOMIST ENGINEER ORLANDO DORADO BOZA, EXECUTIVE PRESIDENT, TO APPEAR BEFORE THE ASSIGNED NOTARY PUBLIC (...) OF THE INSTITUTO DE DESARROLLO AGRARIO TO GRANT THE RESPECTIVE DEEDS OF TRANSFER. (...)" From this communication, this Chamber infers that the institution carried out an evaluation of the —plaintiffs’— requirements in order to determine their eligibility to be granted the adjudication of lot No. 2-6 in the Asentamiento Santa Teresa. As a consequence of the foregoing, that is, having met the selection and determination requirements to be grantees of the lot in question, the Instituto de Desarrollo Agrario, on February 7, 1996, communicated to the Titling Section the decision taken by the Board of Directors in article L, of session No. 002-96, held on January 23, 1996, decision No. 50, which provided as relevant: "DECISION No. 50: 1. APPROVE THE ADJUDICATION, SEGREGATION, AND TRANSFER OF SIXTY LOTS AND PARCELS IN THE SETTLEMENTS (...) SANTA TERESA (...) AS THE POSSESSORS MEET THE CONDITIONS AND LEGAL REQUIREMENTS DEMANDED BY LAW 2825 (LEY DE TIERRAS Y COLONIZACIÓN) OF OCTOBER 14, 1961, FOR THE ISSUANCE OF THE CORRESPONDING SUPPLEMENTAL TITLE OF DOMAIN (...) NAME (...) ASENTAMIENTO SANTA TERESA: (...) MARIO FRANCISCO FALLAS SÁNCHEZ (...) AND YILCA OFELIA QUINTERO ESPINOZA (...) 0-0732.00 // 2-6 // 2.- THE COST FOR LAND MEASUREMENT AND TITLING SHALL BE AS FOLLOWS: (...) ASENTAMIENTO (SIC) SANTA TERESA: AT THE RATE OF 6,156.45 COLONES PER HECTARE (...) 3.- THE RESTRICTIONS TO WHICH THE PARCELS AND LOTS OF THIS GRANT ARE SUBJECT ARE THE SAME AS THOSE CONTAINED IN LAW 2825 OF OCTOBER 14, 1961 AND ITS AMENDMENTS. (...) THE SIGNING OF THE PROTOCOL IS SCHEDULED FOR JANUARY 26, 1996, AT THE COYOLAR REGIONAL OFFICE FROM 9 AM TO 2 PM // DECISION APPROVED UNANIMOUSLY." That is, from that moment on, the IDA conferred a subjective right on the plaintiffs by designating them as grantees of lot No. 2-6 in Santa Teresa. Subsequently, in the protocol of Notary Public Alex Benjamín Gen Palma and Carlos Enrique García Anchía, deed No. five dated February 10, 2011, appears, wherein Orlando Dorado Boza appeared, in his capacity as Executive President of the Instituto de Desarrollo Rural, now INDER, stating as relevant: "APARTE TEN: The appearing party Dorado Boza, always with the representation he holds, further states that his Principal is the owner of the property registered in the Public Registry, Property Section, District of PUNTARENAS under REAL FOLIO registration number SEVENTEEN THOUSAND ONE HUNDRED SEVENTY-THREE - ZERO ZERO ZERO, known as PROYECTO SANTA TERESA, from which it SEGREGATES the lots described below, all of which are land for HOUSING, except the last two which are for AGRICULTURE, all located in district twelve, of canton one, of the province of PUNTARENAS, and sells them as follows: LOT TWO - TWO (...) LOT TWO - SIX: bounded on the NORTH: José Rojas Valerio; SOUTH: Iris Mora Araya; EAST: Celín Cubero Pérez, and WEST: public street, MEASURES: SEVEN HUNDRED THIRTY-TWO SQUARE METERS, according to plan P-two hundred forty-three thousand one hundred four- ninety-five, sold to MARIO FRANCISCO FALLAS SÁNCHEZ and YILCA OFELIA QUINTERO ESPINOZA, married once, ID card one - five hundred twenty-three - six hundred ninety-one, and of Panamanian nationality, with ID card of that Republic, number four - one hundred ninety-eight - nine hundred seventy-nine, respectively, for the sum of FOUR HUNDRED FIFTY COLONES, SIXTY-FIVE CENTS, PAID. (...) TWO - NINE (...). THE REMAINDER that the Institute reserves for itself (...) D) That the buyers may not transfer ownership of their property, nor encumber, lease, or subdivide it, without the prior authorization of the selling Institute, except when fifteen years have elapsed counting from this date, excepting from the foregoing prohibition transactions entered into with nationalized Banks, the Consejo Nacional de Producción, or any other State credit Institutions. After said fifteen years have elapsed, any transfer of the parcels or lots sold herein that, in the judgment of the selling Institute (...) F) That the failure by the buyers or by those to whom they have transferred the parcels or lots sold herein to comply with any of the obligations set forth in the cited Ley de Tierras y Colonización shall give the selling Institute the right to administratively revoke the adjudications and to request the Public Registry that the parcel or lot be registered again in favor of said Institute, which shall pay the original purchase price and the value of useful and necessary improvements according to the appraisal to be carried out for that purpose by an appraiser of the selling Institution. // (...) I issue a first verbatim copy for the selling Institute and individual first copies as relevant for each grantee. Having read the foregoing to the appearing parties, they approved it and all signed in Orotina at nine hours on February tenth, nineteen hundred ninety-six." It is necessary to indicate that Law No. 2825 establishes that "Failure to comply with the obligations imposed on the occupant of a parcel shall cause, in the Institute’s judgment, the loss of the right to the same. // In the event of issuing a resolution to that effect, which shall require four concurring votes of the Board of Directors, the parcel shall revert to the Institute’s domain with all its endowments, the Institute recognizing to the parcel holder the value of necessary or useful improvements made from their own resources." And article 67 in its first paragraph establishes, as relevant: "The beneficiary may not transfer ownership of their property, nor encumber, lease, or subdivide it, without the Institute’s authorization, except when fifteen years have elapsed since the acquisition of the parcel and all obligations with said entity are canceled." Regarding the time period, the party based its argument concerning the calculation of the start of the limitations on property imposed by Law No. 2825 on what was stated by the First Chamber of the Supreme Court of Justice, among others in resolution No. 002755-F-S1-2019, at fourteen hours fifty minutes on September nineteenth, two thousand nineteen; which in its Considerando XII, as relevant, provided: "XII. This Chamber shares the Tribunal’s view, in the sense that, for this litigation, the term of the limitations began with the administrative act issued by the then IDA’s Board of Directors granting the parcel to the plaintiff married couple on June 17, 1986, and not with the execution of the respective public deed (precepts 65 of the Ley de Tierras y Colonización and 140 of the LGAP). This has been recognized by this Chamber in the judgment indicated by the Ad quem, no. 275 at 9 hours 10 minutes of March 17, 2011, citing other precedents, stating, as relevant: ‘[…] The notarial public instrument does not diminish the importance of, much less substitute, the administrative act in question. Hence, the effects of the land assignment contract come into legal life with the Board’s decision, insofar as it is an administrative act, duly founded, that meets the legal requirements necessary to distribute IDA property among the contract’s parcel holders.’ In the same vein, see, mutatis mutandis, judgment no. 1018 at 13 hours 45 minutes of August 23, 2012. As the judging persons correctly indicated, in the land assignment or adjudication contract, under the provisions of canons 65, 66, 67, and 68 of the Ley de Tierras y Colonización, the parcel holders must prove their suitability for the proper exploitation of the land throughout the entire period of limitations, that is, during the 15 years. For this reason, sharing what the Tribunal stated, said institution does not grant a property right, as it is a continuing contract. The public interest underlying this type of contract is reflected in the limitations imposed by the Ley de Tierras y Colonización. These are intended to fulfill the social function of property, since the beneficiaries will be those who meet certain conditions to be qualified as such, in order to develop the agrarian enterprise. Along this same line of thought and for a long time, this Chamber has stated: ‘[…] the land assignment contract is a continuing contract by which the agrarian entity adjudicates to a beneficiary of land distribution programs, previously qualified according to the parameters established by said entity’s own regulations, an agrarian property, committing to transfer it, for an eventual price or free of charge, if the beneficiary demonstrates technical capacity to develop the agrarian enterprise and complies with the obligations imposed during a trial period; the transfer in ownership is verified subject to a multiplicity of obligations on the part of the beneficiary, whose non-compliance allows the entity to revoke the adjudication, during a 15-year period or until the moment no debts are pending, without being able in any way to transfer it unless expressly authorized beforehand by the Institute, since by Law the assigning entity may recover the property to adjudicate it to another beneficiary, always having to exercise direct control over the activity carried out by the grantee. A very important characteristic of this contract established in the Law, and interpreted by doctrine, is that it is a continuing contract. Its perfection does not occur with the transfer in ownership of the property; on the contrary, it crystallizes when the beneficiary fulfills their obligations, during the time established by Law, and carries out the activity for which it was granted. Ownership is not fully acquired until the term has elapsed.’ (The underlining is supplied. Regarding this, see judgments No. 229 of 15 hours of July 20, 1990, 275 of 9 hours 10 minutes of March 17, 2011, 1018 of 13 hours 45 minutes of August 23, 2012, 1506 of 14 hours 50 minutes of November 20, 2014, and 967 of 10 hours 42 minutes of August 17, 2017). This last judgment adds, ‘[…] during the 15 years established by section 67 cited, the beneficiary does not yet have a full property right, insofar as the property must be used for the purposes for which it was adjudicated, so that if the parcel is put to a use different from that intended, INDER (as the controlling body) must initiate an administrative proceeding against the beneficiary to revoke the adjudication of the property. In other words, even if the beneficiary holds title to the property and it is registered as such in the National Registry, the power of disposal, including use and enjoyment, is not full and absolute, but is subject to the limitations imposed by the same Law for a specific period (15 years).’ (The underlining is supplied). Consequently, title to the property is consolidated once not only the indicated period has elapsed but also the obligations provided in the respective contract have been fulfilled. The beneficiaries of a parcel grant must demonstrate the skills and aptitudes for the exercise of agrarian activity during the entire term of the limitations; or, which is the same, during the term of the contract. On this matter, see, mutatis mutandis, among others, the cited judgments of this Chamber. It is, one may assert, a highly personal contract (intuito personae), by virtue of the social function the property fulfills —precept 50 of the Political Constitution—. This is demonstrated by the fact that canon 67 of the Ley de Tierras y Colonización provides that the beneficiary may not, among other things, transfer ownership of their property, without the Institute’s authorization, except when 15 years have elapsed since the acquisition of the parcel and all obligations with that entity are canceled. That is, in the event of a transfer prior to the expiration of the limitations period, the consent of the Board of Directors of what is now the Instituto de Desarrollo Rural –INDER is required. Therefore, the grantee does not benefit from possession exercised by previous parcel holders. It is from that act, it is insisted, that the 15-year period of the limitations or restrictions begins to run. In this litigation, by virtue of the aforementioned Board of Directors’ decision of the then IDA —taken on June 17, 1986—, as proven, on May 25, 1995, the public instrument was signed through which the then IDA transferred the disputed property to the plaintiffs. (...)" That being so, this Chamber agrees with what has already been stated in repeated resolutions of the First Chamber of the Supreme Court of Justice, in that the limitations start from the decision of the IDA’s Board of Directors —now INDER—, since the administered parties should not bear administrative delay to the detriment of their subjective rights.
- IX)CONTINUATION, THE SPECIFIC CASE: In accordance with what has just been indicated, it is relevant to the case to determine when the adjudication of the parcel to the plaintiffs was carried out and when the administrative proceeding for the revocation of the adjudication and nullity of the title began. From the proven facts, we have that the Instituto de Desarrollo Agrario, on February 7, 1996, communicated to the Titling Section the decision taken by the Board of Directors in article L, of session No. 002-96, held on January 23, 1996, decision No. 50, which provided as relevant: "DECISION No. 50: 1. APPROVE THE ADJUDICATION, SEGREGATION, AND TRANSFER OF SIXTY LOTS AND PARCELS IN THE SETTLEMENTS (...) SANTA TERESA (...) AS THE POSSESSORS MEET THE CONDITIONS AND LEGAL REQUIREMENTS DEMANDED BY LAW 2825 (LEY DE TIERRAS Y COLONIZACIÓN) OF OCTOBER 14, 1961, FOR THE ISSUANCE OF THE CORRESPONDING SUPPLEMENTAL TITLE OF DOMAIN (...) NAME (...) ASENTAMIENTO SANTA TERESA: (...) MARIO FRANCISCO FALLAS SÁNCHEZ (...) AND YILCA OFELIA QUINTERO ESPINOZA (...) 0-0732.00 // 2-6 // 2.- THE COST FOR LAND MEASUREMENT AND TITLING SHALL BE AS FOLLOWS: (...) ASENTAMIENTO (SIC) SANTA TERESA: AT THE RATE OF 6,156.45 COLONES PER HECTARE (...) 3.- THE RESTRICTIONS TO WHICH THE PARCELS AND LOTS OF THIS GRANT ARE SUBJECT ARE THE SAME AS THOSE CONTAINED IN LAW 2825 OF OCTOBER 14, 1961 AND ITS AMENDMENTS. (...) THE SIGNING OF THE PROTOCOL IS SCHEDULED FOR JANUARY 26, 1996, AT THE COYOLAR REGIONAL OFFICE FROM 9 AM TO 2 PM // DECISION APPROVED UNANIMOUSLY." This means that, according to what is provided in Law No. 2825, articles 65-67, and what has been stated by the First Chamber of the Supreme Court of Justice, the 15-year limitations period began on January 23, 1996; thus, the corresponding final term expired on January 23, 2011. In this case, although INDER initiated the process of inspecting the property’s use, or what is the same, compliance with the object of the adjudication contract, on January 6, 2011, it is true that the administrative proceeding for the revocation of the adjudication of lot 2-5 and the nullity of the plaintiffs’ title of ownership was opened by Lic. Ronald Lewis Mc Laren, Legal Affairs Advisor, by order at nine hours thirty minutes on Thursday, January 13, 2011, under case file No. 008-2011 NUL; the fact of the matter is that since the plaintiffs were not locatable, service of process for the proceeding was not carried out until the publication of the respective edicts on January 27, 2011, and January 28, 2011; this Chamber determines that the administrative proceeding was conducted when the plaintiffs had already acquired ownership of the real property because the corresponding limitations period had elapsed, consequently causing the nullity of the administrative proceeding conducted for being untimely beyond the maximum term that expired on January 23, 2011; all as indicated supra, in accordance with the reiterated criteria of the First Chamber of the Supreme Court of Justice cited. That being so, the administrative proceeding for the revocation of the adjudication of lot 2-6 is annulled, having been conducted outside the jurisdictional period for INDER to carry out the corresponding inspection to determine the plaintiffs’ compliance with the purposes of Law No. 2825. Due to the manner in which it is resolved, a ruling on the remaining grounds for nullity claimed by the plaintiff regarding the administrative proceeding is omitted.
- X)CONTINUATION, THE CLAIMS IN THE CASE. Below, for greater precision, each of the claims requested by the plaintiff will be resolved, of course, without prejudice to the reasoning set forth previously. (Claim determined during the preliminary hearing and read by the representative of the plaintiff from minute 00:48:10:00 to 00:49:18:15.)." THE FIRST CLAIM STATES:
"Main claims "1. That it be declared that my clients’ property right was consolidated on January 23, 2011, said date being the moment of expiration of the limitations imposed per article 67 of Law 2825." THE TRIBUNAL RULES: In accordance with what was indicated in the foregoing considerandos, the plaintiff is correct: the plaintiffs’ property right was consolidated on January 23, 2011, when the limitations established by Law No. 2825 expired.
THE SECOND CLAIM STATES: "2. That the illegality of administrative proceeding 008-2011-NUL conducted by INDER be declared, specifically the final act of article 45 of session 014-2011 held on April 12, 2011." THE TRIBUNAL RULES: The illegality of administrative proceeding 008-2011-NUL is declared, which culminated in the final act of article 45 of session 014-2011 of April 12, 2011, since said sanctioning administrative proceeding was initiated when the plaintiffs’ property had already been consolidated; an aspect that vitiates INDER’s competence to carry out an inspection of their duties outside the legal term, thereby violating the plaintiffs’ property right.
THE THIRD CLAIM STATES: "3.
That the National Registry be ordered to register farm 6-95747 in the name of the plaintiffs herein with equal rights." THE TRIBUNAL RESOLVES: Given that the Tribunal has indeed considered that the administrative procedure by which the adjudication of lot 2-6 of the plaintiffs was revoked was carried out outside the time period established for the limitations and the exercise of INDER's oversight right, and that the same is deemed null, the logical and direct consequence thereof is that INDER shall indeed proceed to return the property corresponding to the Puntarenas district, real folio registration numbers 95747-001 and 002, just as it was prior to the revocation of the adjudication and nullity of the title; vitiated by absolute nullity, as reasoned by this Tribunal.
THE FOURTH CLAIM STATES:
4. That INDER be ordered to pay the personal and procedural costs of this proceeding.
THE TRIBUNAL RESOLVES: As is customary, this claim shall be resolved in a separate section, further below.
THE FIFTH CLAIM STATES:
Alternative claims:
"1. That INDER be ordered to pay the damages suffered by those I represent on account of the illegal annulment of my represented parties' property right over farm 6-95747; which would be: * Material: The current value of the property of fifty million colones. Improvements and constructions introduced to the property, of eight million colones, consisting of a closed perimeter of walls and gates, metal structures for vehicle parking, and sanitary services with drainage." THE TRIBUNAL RESOLVES: Given that this claim is alternative to the preceding ones and given that the return of the property to the plaintiffs is ordered as provided in the principal claims, this claim must be rejected in its entirety, since there is no legal cause to compensate for that which is being returned; noting that, based on the appraisal performed by INDER and the testimony of INDER officials, this Chamber considers that the existence of any type of construction on the property was also not proven, and consequently there is no obligation to provide any compensation.
THE SIXTH CLAIM STATES: "2. That INDER be ordered to pay the personal and procedural costs of this proceeding." THE TRIBUNAL RESOLVES: Refer to what has already been indicated with respect to principal claim No. 4.
- XI)REGARDING THE DEFENSES. With respect to the defense of lack of active and passive standing, it is rejected, by reason of the legal relationship existing between the plaintiffs and INDER, on the occasion of the application of Law No. 2825, by which the entity that is now INDER granted lot No. 2-6 to the plaintiffs, and then, through the administrative procedure that was annulled by this Chamber, INDER recovered the lot in question and must now return it to the plaintiffs. The defense of lack of interest is rejected, given that this proceeding was necessary to resolve the legal-economic controversy between the parties. The defense of lack of right is partially upheld as to what is denied and rejected as to what is granted, as set forth in the preceding recitals. The remaining defenses were resolved previously.
- XII)COSTS. In accordance with numeral 193 of the CPCA, procedural and personal costs constitute a burden imposed on the losing party by virtue of being so. Dispensation from this condemnation is only viable when there was, in the Tribunal's judgment, sufficient reason to litigate or when the judgment is entered based on evidence whose existence was unknown to the opposing party. In this case, the Tribunal considers that the losing party shall bear the payment of both costs.
THEREFORE:
The defenses of expiration, statute of limitations, constitutional res judicata, lack of active and passive standing, and lack of interest are rejected. As to the defense of lack of right, it is partially upheld as to what is denied and rejected as to what is granted. The complaint filed by MARIO FRANCISCO FALLAS SÁNCHEZ and YILCA OFELIA QUINTERO SÁNCHEZ against the INSTITUTO DE DESARROLLO AGRARIO is partially granted. Consequently, it is declared that the plaintiffs' property right was consolidated on January 23, 2011, said date being the moment of expiration of the limitations imposed pursuant to article 67 of Law No. 2825. The illegality of administrative procedure 008-2011-NUL conducted by INDER is declared, specifically the final act of article 45 of session 014-2011 held on April 12, 2011. The National Registry is ordered, upon management by INDER, to register farm 6-95747 in the name of the plaintiffs herein with equal rights. INDER is ordered to pay the personal and procedural costs of this proceeding. In all other respects, the complaint is denied. Notify. Judge PALONSO PAULO ALONSO SOTO JONATÁN CANALES HERNÁNDEZ RODOLFO MARENCO ORTIZ PAULO ANDRÉ ALONSO SOTO - JUEZ/A DECISOR/A ELEUTERIO RODOLFO MARENCO ORTIZ - JUEZ/A DECISOR/A JONATHAN CANALES HERNÁNDEZ - JUEZ/A DECISOR/A Goicoechea, Calle Blancos, 50 meters west of BNCR, across from Café Dorado. Telephones: 2545-0107 or 2545-0099, Ext. 01-2707 or 01-2599. Fax: 2241-5664 or 2545-0006. Email: [email protected] It is a faithful copy of the original - Taken from Nexus.PJ on: 26-03-2026 07:11:05.