He Court Constitutional (T.C.) ordered the Municipal Council of Esperanza, Valverde province, to return the wages missing items through restitution to the former councilor Mireya Mateo Minaya (2020-2024), who was removed from her duties last year 2023 by the Council of Councilorswhich was chaired by Wildamy Quiñones Moreta during the administration of former mayor Freddy Rodríguez.
The organ constitutional accepted the decision of the Civil Chamber of the Court of First Instance of the Judicial District of Valverde that reinstated the former councilor Mateo Minaya, declaring that the councilor’s constitutional rights were violated, relating to due process of law in regards to her dismissal as councilor incumbent elected in the extraordinary elections of March 15 of the year 2020 until April 24, 2024.
Consequently, he declared null and without any effect legal decisions taken against the former councilorin the extraordinary session No. 08-2023 of that council. Thus, he ordered the payment of all salaries and benefits that have not been paid and the reintegration of the benefit and fundamental right of social security that was withdrawn from Mireya Mateo Minaya.
Given the allegation of Council of Councilors that the councilor She was dismissed for failure to fulfill her duties and her substitute, Domingo Encarnación, was placed in her place. T.C. responded that, regardless of the factual justice that this may have, the decision went beyond the powers or powers conferred by the Constitution of the Republicwhich in its article 83 gives exclusive jurisdiction to the Chamber of Deputies, to submit to impeachment before the Senate of the Republic to public officials elected by popular vote.
For each day that passes without executing what was decided by the Constitutional Courthe Council of Councilors of the Esperanza Municipal Council, the former mayor of the Modern Revolutionary Party (PRM), Freddy Rodríguez and the re-elected councilor of the same party, Wildamy Quiñones Moreta, must pay a astreinte provisional warning of 10 thousand pesos per day in favor of the Civil Defense of the municipality.
The ruling on the case of councilor Mireya Mateo Minaya was published this Wednesday, November 13, by the Constitutional Court.
Why was the councilor absent?
The councilor of the Dominican Liberation Party (PLD), Mireya Mateo Minaya left the country bound for the United States in 2023, alleging health situations not clarified by the press in that municipality.
Before his absencehe Council of Councilors of the Esperanza City Council, summoned Councilor Mateo Minaya in May 2023 and in August of the same year, the Civil and Commercial Chamber of the Court of First Instance of the Judicial District of Valverde granted the case to the councilorit was this decision that the Council unsuccessfully appealed to the T.C..
Mateo Minaya charged a salary of 50 thousand pesos monthlyan economic sum that must be replaced from the month in which you stopped receiving it in 2023 until its completion as councilor elected on April 24, 2024.
