Taken from Listín Diario
The Constitutional Court ordered the Ministry of Public Works and Communications (MOPC) to hand over the list of names and developers of all construction trusts for low-cost housing projects, in accordance with Law No. 189-11, on the Development of the Mortgage Market and Trusts in the Dominican Republic.
The Constitutional Court partially accepted a writ of amparo filed by Mrs. Coralia Grisel Martínez Mejía against the MOPC.
The court imposed a penalty of RD$1,000.00 for each day of delay in the execution of the decision, against the Ministry of Public Works, and in favor of Ms. Martínez Mejía. It ordered that the information be provided within 10 days, starting from the date of notification of the judgment.
The Constitutional Court established, in ruling TC-0020-22, that the MOPC is the public entity coordinating all procedures related to Law 189-11, and that consequently it is the state body obliged to provide the required information, when appropriate.
Likewise, he pointed out that Ms. Martínez Mejía has the right to request the information she seeks to obtain, which she requested through the Office of Free Access to Public Information.
“It is also evident, in light of the provisions of subparagraph i of article 17 of Law No. 200-04, that the information requested by her is not classified as reserved or confidential information,” the High Court indicated.
He argued that the requested information does not have the personal or private nature referred to in that legal text, as Public Works claimed, since it is information generated and produced by that institution. He emphasized that this public information falls within the scope of Law 200-04, on Free Access to Public Information.
He emphasized that the public entity is obligated to provide the plaintiff with information regarding housing construction under Law 189-11. Meanwhile, the Constitutional Court rejected the amparo action regarding the request for other information.
Vote
The ruling states that it was adopted by the required majority and that the signature of Judge Alba Luisa Beard Marcos is not included, because she did not participate in the deliberation and voting.
Rejection
The Constitutional Court rejected an appeal for review of the amparo judgment filed by Public Works against Judgment 340-04-2019-SSEN00376, issued on September 30, 2019 by the Third Chamber of the Superior Administrative Court.
