He Constitutional Court (TC) decided in a recent judgment that, in addition to water and electricity, the service of Liquefied oil gas (LPG) is a basic benefit and essential For the housing.
In the judgment TC/0512/25 in which he issued a failure on a particular conflict recalled that in Judgment TC/0372/16 determined that both the electrical energy as access to drinking water They are basic services essential because it currently has a strong influence on the quality of life of people.
He stressed that throughout his constitutional jurisprudence he has recognized several domestic services as essential For the housing.
“In line with the above, this collegiate recently determined in the Judgment TC/0813/24 that the service of Liquefied oil gas (LPG) is a basic benefit and essential For the housingafter verifying that limiting the access of a condómine so that it does not install cylinders of gas In the area corresponding to your apartment, continuous and sufficient access to this type of basic essential services affects, “he said.
The considerations of the TC are contemplated in the recent judgment TC/0512/25 on a resource of Constitutional review presented before that court in which the administration of a condominium of the National District I asked him to establish a clear position regarding whether the LPG service is a public, private or essential For life.
In the judgmentthe TC also indicated that “he said that basic services essential For the housing (such as water, electricity and LPG) must be protected by him Amparo judge when your suspension is arbitrary and illegal, because these services are deeply related to the human dignitythe right to health, food security and, essentially, the right to have a home in conditions of dignity. “
The origin of the dispute
The problem that dealt with judgment TC/0512/25 It originated in July 2024 by the interruption of basic services essential (On this occasion, the gas) On the part of an administrative entity of a consortium of owners in a residential of a sector of this capital as a means of constraint against one of its condominiums to achieve the payment of an extraordinary maintenance fee owed, for the sum of RD $ 1,500.00.
The affected invoked the protection of his fundamental rights to the human dignityconsumer rights, food security, family law and the protection of minors.
Not in accordance with the fact that the service of gasthe affected filed a Amparo action before a court requesting that this service be re -established.
Because of this the seventh Chamber of the Original Jurisdiction Court of the National Districtin August 2024, he issued the judgment no. 1269-2024-S-00100, welcoming its Amparo action and ordering him restoration of the service of Liquefied oil gas To your apartment.
Then, the aforementioned Board of Directors of the Residential presented an appeal for Constitutional review before the TC against the judgment 1269-2024-S-00100 that ordered the restoration of the service of gas.
In his ruling on this case, the TC decided to revoke the judgment 1269-2024-S-00100 manifesting in his arguments that “in the species, it corresponds to the real estate jurisdiction regarding condominiums resolve this conflict, which is why it is necessary to declare inadmissible the Amparo action that concerns us by the existence of another effective way to know the claims invoked by the amparista. “
