The Superior Administrative Court (TSA) annulled the second article of Resolution no. DGP/006/2018, of February 9, 2018, issued by the General Directorate of Passports (DGP), ordered that in cases in which the passport book printed is not withdrawn within a maximum period of 15 days, considered lagging behind and for its delivery, the citizen had to pay the sum of three thousand Dominican pesos.
With this decision, the Third Chamber of the Superior Administrative Court, made up of judges Luisa N. del Carmen Canaán, Claudia María Peña, and Willys de Jesús Núñez Mejía, accepted a Contentious Administrative Appeal, filed by Mrs. Alsacia Jiménez, against the General Directorate of Passports, for violation of the provisions of articles 23 and 24 of Law 200-04, on Free Access to Public Information.
In this sense, the Court established that, as stated by the appellant in her appeal, the General Directorate of Passports, at the time of issuing Resolution no. DGP/006/2018 did not publish it through the general scope so that all citizens could be aware that it imposed a deadline on withdrawing passports already issued and that after it expired, the user should pay the sum of three thousand Dominican pesos.
There was a violation of due process.
“By not making said publication, this Court understands that the respondent certainly violated the provisions of articles 23 and 24 of Law 200-04, on Free Access to Public Information, since it is a duty of the administration once a regulation or resolution, make it known to the general public in accordance with Law 107-13, in article 31, on Principles of the procedure applicable to the preparation of regulations, plans or programs”, indicates the decision of the Judgment no. 0030-04-2023-SSEN-00019, dated January 12, 2023.
It adds that once the violation of the aforementioned legal norms has been verified, by the respondent, the Court, as guarantor of the rights of citizens in their relations with the Public Administration, sees fit to accept the contentious-administrative appeal and declare null and void the SECOND article of the Resolution mentioned above no. DGP/006/2018, dated February 9, 2018, issued by the DGP.
The canceled article
“SECOND: Modify, as it modifies, Resolution no. 011/2017, so that from now on, it establishes that: “In the cases in which the passport book issued is not withdrawn within the established period of six (06) days, the General Directorate of Passports will grant fifteen (15) business days from the delivery date. Suppose it is not withdrawn within the said period. In that case, it will be considered late, and for its delivery, the sum of three thousand Dominican pesos with 00/100 (RD$3,000.00) must be paid; consequently, it orders the GENERAL DIRECTORATE OF PASSPORTS (DGP) to hand over of the appellant today, her passport without the need for her to pay the amount of three thousand Dominican pesos 00/100 (RD$3,000.00)”, the annulled second article of the challenged rule textually prescribes.
Finally, the Third device of the judgment orders the General Directorate of Passports to deliver her passport to the appellant’s hands without the need for her to pay the amount of three thousand Dominican pesos required, which renders the term for the collection of that amount to citizens who demand the passport book service.
