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Diario Oficial de la Federación · 08 Oct 2026 · 13 vistas

The Court invalidates street lighting and copying charges in municipalities of Morelos

Por FactBox Admin

La Corte invalida cobros de alumbrado y copias en municipios de Morelos

The Plenary of the Supreme Court of Justice of the Nation declared the invalidity of the public lighting fees and various charges for simple copies, certified copies, and information searches provided for in the revenue laws of municipalities in the State of Morelos for the 2025 fiscal year. The decision is contained in the judgment of Unconstitutionality Action 23/2025, promoted by the National Human Rights Commission, published in the Official Gazette of the Federation on Thursday, October 8, 2026 (Publication No. 276/2026, Section I, Judicial Power).

The origin of the case and the affected municipalities

The Plenary Court resolved the matter in its session on November three, two thousand twenty-five, with the presentation of Minister Giovanni Azael Figueroa Mejía and Secretary Omar Cruz Camacho. The lawsuit was filed on January thirty, two thousand twenty-five, by María del Rosario Piedra Ibarra, then president of the National Human Rights Commission.

The challenged norms were published on December thirty-one, two thousand twenty-four, in the Official Gazette “Tierra y Libertad,” extraordinary edition, sixth epoch, number 6382, and correspond to the municipalities of:

  • Amacuzac
  • Atlatlahucan
  • Axochiapan
  • Ayala
  • Coatetelco
  • Mazatepec
  • Miacatlán
  • Ocuituco
  • Puente de Ixtla

Public lighting: a fee tied to the illuminated frontage

The Court invalidated Article 11 of the Revenue Law of the Municipality of Mazatepec, which set the public lighting fee using a formula that incorporated the illuminated “frontage” of each property. The Plenary concluded that this parameter is unrelated to the actual cost of the service, which benefits the entire community and not in an individualized manner, thereby violating the principles of proportionality and tax equity under Article 31, fraction IV, of the Constitution.

The norm established a maximum fee of 77.1918 UMA, equivalent to 780 light meters, based on an annual taxable base of 3,243,990.00 pesos and 4,724 registered taxpayer users with the Federal Electricity Commission, with an estimated monthly collection of 270,332.50 pesos. The point was approved by a majority of eight votes, with the dissenting vote of Chief Justice Hugo Aguilar Ortiz.

Copies, certifications, and document searches

In the second issue, the Plenary declared invalid the charges for the issuance of simple and certified copies and for document searches in the revenue laws of Amacuzac, Atlatlahucan, Axochiapan, Mazatepec, Miacatlán, Ocuituco, and Puente de Ixtla. The fees ranged from 0.08 UMA (9.05 pesos) to 15 UMA (1,697.10 pesos), with the 2025 UMA at 113.14 pesos, amounts that bear no reasonable relationship to the cost of the service.

Charges linked to the right of access to information were also invalidated: in Miacatlán, reproduction on compact disc (34.00 pesos) and DVD (56.50 pesos); and in Puente de Ixtla, simple copies at 10.00 pesos, for failing to provide for the free delivery of up to twenty simple pages.

Fines for sleeping on the street and ambiguous administrative offenses

The ruling annulled the normative portions “or sleeping in the same” of article 25, subsection C), of the Revenue Law of Mazatepec, and 48, fraction I, of that of Miacatlán, considering that they indirectly discriminate against people experiencing homelessness.

Likewise, it invalidated due to a lack of legal certainty the fines for scandal and disturbance of public order, for disrespecting or verbally assaulting authority, and for engaging in games that represent a danger to road safety, provided for in the regulations of Mazatepec, Ocuituco, and Puente de Ixtla.

Effects and exhortation to the local Congress

The declaration of invalidity will take effect upon notification of the resolutive points to the Congress of the State of Morelos, which must also be notified along with the involved municipalities. The Plenary exhorted the local Congress to, in future similar legislative measures, determine the fees in a reasoned and motivated manner through an objective and reasonable method.

The Court dismissed the case regarding Ayala and Coatetelco, whose laws were repealed in April 2025, and article 13 of Atlatlahucan, reformed on April two of that year. The resolution is also published in the Official State Gazette and in the Judicial Weekly of the Federation, along with the concurring opinion and the separate opinion of Chief Justice Hugo Aguilar Ortiz.

The ruling directly impacts the pockets of residents: lighting bills and fees for copy and certification procedures in these municipalities are left without constitutional basis, and the city councils must adjust their charges to what was resolved by the highest court.


Source: Official Gazette of the Federation, No. 276/2026, Thursday, October 8, 2026, Section I (Judicial Power), pp. 67-118 (official reference: Unconstitutionality Action 23/2025).