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ESTATE OF BASILIO LOPEZ MARTIN

Frequent Asked Questions

 

 

 

 

 

What is the Estate of Basilio Lopez Martin?

 

Is the group, composed by all those natural persons or entities, participating as heirs (direct descendants) and/or grantees from the causative Mr. Basilio Lopez Martin.

 

Where it is located?

 

The majority of the components live in Puerto Rico; others, outside of the island (in and out of the continental United States).

 

Who was Mr. Basilio Lopez Martin?

 

Born approximately on 1760, and deceased on 1848 at 88 years old, he was one of the five children from the Spaniard wealthy businessman in Aragon, Mexico (today Oregon State), and biggest landlord in the island of Puerto Rico from the century eighteen known as Mr. Gaspar Lopez, and his wife Mrs. Andrea Martin.

 

How wealthy he was at the time of his death?

 

According to his last will from 1848, the historical accounts and previous documentation he was the richest person in Puerto Rico, having the equivalent of billions of dollars in liquid assets; and real estate, comprising a very large tract of land of approximately 2,116,938 acres, covering no less than the 90% of the island; being the sugar cane production business and cattle his main economic activities.

 

How and when he got the ownership of those assets?

 

Initially, after his father death, he inherited part of them from him; later, other parts from his deceased siblings as their universal heir; and others, product of direct purchases.

 

What happened after his death until present?

 

According to the available documentation his administrators never delivered his assets to his children, mentioned in his will as his universal heirs; retaining the liquid capitals, hiding the documents and taking illegal control over all the lands.

 

The major irregularities occurred under the person of Mr. Jacinto Lopez Martinez, which was his main administrator and nephew.

 

Since 1848 until his death on 1863, using the uncle’s multimillionaire liquid assets under his custody, product of the 98 years sugar cane production family business, exercised illegal control over the two biggest sugar cane plantations in the island, located at the northern side, known as Saint Vincent (in Spanish, San Vicente, located at the municipalities of Vega Baja and Vega Alta) and Saint Anthony (in Spanish, San Antonio, located at the municipality of Dorado), comprising a very large tract of land of about 60,000 acres.

 

Similar scenarios occurred with all others administrators that even Jacinto never could control neither.

 

Certainly, his position as the mayor and founder of the town of Dorado since 1842, authorized by his uncle Basilio, the availability of thousands of black slaves at his service, his political connections with the totalitaries Spanish Governors, and a liquid capital of millions illegally retained, gave him the advantage to control widely the local economy (see more details on the section Jacinto Lopez Martinez 1st & 2nd).

 

After Jacinto’s death some of his heirs and administrators, like Mr. Leonardo Igaravidez, established the first anonymous banking institution on the island, secretively, not authorized by the government, known as the San Juan’s Savings Bank (in Spanish, Caja de Ahorros de San Juan) using part of the stolen liquid capital.

 

Same did others administrators at the municipalities of Ponce, Mayaguez and Humacao.

 

Due to the Spanish law did not allowed on the island the establishment of financial and banking institutions using stolen assets, and said administrators and their heirs could not disclose the using and tenancy of said multimillionaire illegally retained capital, even less for those purposes, after the abolishment of the slavery on 1873 they found a way to raise liquid, simulating a clean origin, by virtue of a money laundering operation.

 

The scheme consisted of getting cash from the 29,445 illegally retained Basilio’s slaves.

 

Said objective was acomplished organizing a system to get compensation from the Government of Spain, that they did not had the right to receive, called the “Free Slaves Owners Indemnity”.

 

After lobbying politically many years they achieved the goal of getting 237 pesos per slave.

 

The system was based on the issuing by Spain of 70,000 treasury bills representing a total liquid capital of seven million silver pesos (100 pesos per bill).

 

The cashing of them took 14 years using a lottery system, from 1876 to 1890.

 

During said cashing period, in addition of establishing banking institutions like the Anonymous Commercial Credit Society on 1877 (in Spanish, Sociedad Anónima de Crédito Mercantil), the Spanish Bank of Puerto Rico on 1888 (in Spanish, Banco Español de Puerto Rico) and the Popular Bank of Puerto Rico on 1893 (in Spanish, Banco Popular de Puerto Rico) using the stolen capital, also, in a similar way, said administrators and their heirs saw the necessity of getting legal mechanisms to produce additional clean origin capitals using the illegally retained lands from which they did not had titles.

 

The mechanism was based on the creation of a legislation that allows them to fabricate simulated declarative property titles and mortgages.

 

With that on mind, after lobbying many years, due to Spain knew about their lack of ownership, on 1878 the government enacted a mortgage law establishing a local Property of Registry allowing them to inscribe the lands under their names, declaratively, subject to and without affecting the statutory rights from the real unknown owners (the Basilio’s heirs).

 

By that said law, known as the Mortgage Act of 1878 for the Province of Puerto Rico, Spain certified the existence of the real estate civil third protected parties (the Basilio’s heirs), their right to exercise their rights at any time; and, the consent and the obligations from the declarative illegal land users without written titles, being them subject perpetually to said real statutory and constitutive owners.

 

Those ownership rights were ratified again on 1889 when Spain extended the applicability of its Civil Code to the island, including on it the Right of Accession, originated since the Roman Empire epoch, certifying them as the real owners over all kind of assets produced on their lands.

 

Some important legal principles mentioned on the Code were the ones related with the civil possession.

 

The first one, about the impossibility of the simultaneous possession; and the second one, about said consent mentioned on the Mortgage Law of 1878, elements, that impede the declarative illegal land users getting title by adverse possession after 30 years of conditioned occupancy.

 

Said Civil Code was enacted without affecting the previous antique rights.

 

Later, on 1893, said Code was amended holding the Mortgage Act under the civil law.

 

After the change of sovereignty on 1898, when the island was ceded to United States by Spain after ending the Spanish-American War, said private ownership rights were ratified on the Treaty of Paris.

 

Those rights continue into effect as of the present day.

 

The local and American laws, the jurisprudence, the historical records, the accounts and the Property of Registry testify beyond any reasonable doubt what kind of relationship the residents of Puerto Rico have concerning the movable and immovable assets, used conditionally, belonging uninterruptedly to said Estate since the year 1750.

 

Since 1880, the local Property of Registry, as the government real estate advertising agency, has disclosed and witnessed the recording of millions of fraudulent transactions, like all those related with: 1) the Uncultivated Land Board concessions; 2) the prohibited fiduciary Church sales; 3) tax sales without notices to the real owners, violating the due process of law; 4) inscriptions ordered by the court without written titles (Possession Informatives & Dominion Proceedings) according to the Mortgage Law of 1878 as amended; and 5) sales effectuated by artificial [juridical] persons (like corporations, partnerships & trusts), participating as criminal entities, endorsed by the local government, holders of lands in excess of 500 acres and/or dedicated to the prohibited corporate businesses of buying and selling real estate, in violation of 48 USC sec 752, 28 PRAL secs. 401~407, 421 & 431~435 and the local Constitution (Art VI Sec. 14).

 

In addition to the previously discussed obstacles, what kind of additional ones has had and at present has the Estate to regain control over the inheritance?

 

The main has been and still is the lack of a clean governmental authority, free of conflicts of interests.

 

The public officials that constitute the three government branches (local and federal) derived benefits, live and/or work in the Estate’s lands, using its liquid assets; participating as residents, real estate holders, employees, business owners, shareholders and/or investors.

 

Those conflicts impede them ruling in favor to the Estate, not having it access to the justice or any other kind of resources; judicialy, legislatively and executively.

 

The second obstacle is the control that the organized crime has over the economy, the politics and the governmental structures.

 

By virtue of getting economic benefits, using and controlling the Estate’s assets (land and money), the organized crime has been able to control and finance: 1) the local politics, the politicians and the political parties, controlling indirectly the three branches of the local government; 2) the media (radio, tv & press), controlling the public opinion; and 3) the general population, controlling the labor market.

 

That’s why according to the Drug Enforcement Administration (DEA) the island has become in one of the main drug trafficking platforms, serving the America’s multibillionaire east coast illicit drug market.

 

An example of such control is the endorsement that the white collar criminals receive from the government regarding the prohibited enterprise of the corporate business of buying and selling real estate, and, the lands holdings in excess of 500 acres, violating knowingly and willfully the statutes 48 USC sec 752, 28 PRAL secs. 401~407; 421 & 431~435 and the local Constitution (Art VI Sec. 14); where the developers, public officials and drug dealers work together with the corrupted banking system producing billions of dollars of illegal transactions; laundering the fraudulent securities (mortgage bonds & notes) at the secondaries markets via the Government National Mortgage Association (GNMA), the Federal National Mortgage Association (FNMA – Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac) and the Federal Home Loan Banks System (FHLB), not having the Estate control over it (see more details on the section The Federal Denounce).

 

 

At present, any person may verify said prohibitions, still in effect,

checking the websites of the Puerto Rico’s State Department and Supreme Court.

 

Click here to see an updated list of some of the local illicit urban projects

 

About the particular the Secretary of Justice of Puerto Rico has declared:

 

No corporation, doesn’t matter his nature, will be engaged

on the business of buying and selling real estate in Puerto Rico.

Op. Sec. Just. No. 6 of 1968

 

A corporation can not be dedicated to the business of buying and selling real estate, or,

in any form, hold lands to speculate in the real estate market.

Op. Sec. Just. No. 15 of 1966

 

The corporations not engaged in agriculture are only limited by the first part of the statute of this section,

that prohibit to all corporation effectuate businesses of buying and selling real estate or to hold or

to have such class of assets except such as may be reasonably necessary to

enable it to carry out the purposes for which it was created.

Op. Sec. Just. No. 70 of 1956

 

 

The third obstacle is the control that the wealthy class exercises over said society sectors in a similar way than the organize crime do.

 

As we see, by one hand we have the organized crime, the government and the upper class, and, on the other, the common conflicts of interests working perpetually against the Estate.

 

The fourth obstacle is the one related with the availability of the Estate’s documents.

 

Since the Basilio’s death not only were hidden by his administrators and their heirs, but also by the local government controlled by them.

 

Since the colonization of the New World Spain never established an archive in Puerto Rico; and, after the change of sovereignty under United States, the local government never made public the 100% of the ancient documentation.

 

According to the Treaty of Paris, after 1898 Spain transferred copies and some originals of all documents related with Puerto Rico (available on its archives, and at the Office of the Governor) directly to the Library of Congress at Washington D.C..

 

Such documents remained there during 58 years until 1957 when, after have been microfilmed, were transferred to the island after the creation of the General Archive of Puerto Rico on 1955; after which the local government, controlled by the organized crime, hided them during 16 additional years, only making available to the public the 30% on 1973, continuing concealing the rest until present.

 

Those corrupted acts maintained ignorant five generations, during 125 years, from 1848 to 1973, impeding them exercising their ownership rights.

 

How the inheritance was discovered?

 

Everything began in Puerto Rico on 1975, when Mr. Andres Lopez Laureano (b.1929, d.2005), after returning very sick from Vietnam’s War in 1965, being victim of the “orange agent” that affected his liver, started to investigates using the verbal information obtained from his grandfather known as Francisco Lopez Salgado (b.1874, m.1900, d.1975), known as “abuelo Pancho” (grandpa Pancho).

 

Curiously, from all Pancho’s grandsons, Andres, was the only one that retained in his mind the family’s old stories concerning the existence of one big inheritance in Puerto Rico, that then, nobody knew precisely where it was located, where were the documents to prove it, how many movable and immovable assets involved it and who were all the main ancestors that composed the genealogical tree.

 

According to Andres, an important detail here that worth to mention was when Pancho told him that when he had 9 years old on 1883 he knew personally some of our old relatives, specifically, one of the sons of Jacinto Lopez Martinez (Jacinto1st ), Jacinto de Jesus Lopez Martinez (Jacinto 2nd ), that passed away later on 1884, being him witness of one execution (murder) when one person trespassed illegally his property in the municipality in Dorado Puerto Rico, act, that he never forgot and afraid him too much during all his life.

 

Despite the Andres desires to starts the investigation after 1973, when the General Archive of Puerto Rico made public the 30% of the documents, he had to wait until 1975, after the Panchos’s death, obeying his will of not starting it during his life to avoid controversies.

 

Again, the main reasons for said lack of documents access obeyed to: 1) since the conquest of Puerto Rico by Spain in 1493 the Spanish Crown never established a local archive, preserving all mostly in the Archives of Simancas at Valladolid, and Of the Indies at Sevilla; 2) since the conquest by United States in 1898, after ending the Spanish American War, complying with the stipulations of the Treaty of Paris, when Puerto Rico was ceded, Spain transferred copies of the majority of the documents directly to the Library of Congress, never to Puerto Rico directly; 3) before the enactment of the Constitution of the Commonwealth of Puerto Rico in 1952 United States never was able to approved such transference; and 4) although United States authorized the transference in 1955, the Government of Puerto Rico hided all 20 additional years until 1975 when opened the General Archive, which until present operates with a small budget of $120,000 yearly, keeping concealed the 70%, blocking intentionally all kind of serious diligences.

 

The investigation begun organizing the genealogical tree, getting the information from the certificates of birth, baptism, marriage and death located on the antique churches and the Civil and Demographic Registries.

 

Once Andres got that, during the following five years (1975-1980), his second step was checking tens of Notaries Public protocols available on the General Archive available to the public, working stealthy, not knowing the Government his real purposes.

 

So the things, after years of hard searching, following his gut instinct, on 1980, after requesting another protocol from the Notary Public Mr. Manuel Canales from the year 1845, accidentally, he found on it a deed (a conveyance ratification) in favor of Basilio, which contained inside copy of a very antique purchase and sale deed which showed when his father Gaspar bought on the date of February 4, 1750 a very large tract of land in La Ribera del Toa, known more later as “Santa Rosalia”.

 

Certainly, was a miracle to found a copy of that deed in San Juan, not available in the antique Church of Toa Baja, where practically all the inheritance’s documentation was destroyed by the flooding decades ago, due to the lack of interest from the government and the organize crime to preserve it.

 

During that time he also discovered that our inheritance was not limited to Puerto Rico, comprising lands in Mexico, Spain and United States, specifically in the States of California, New Mexico and Oregon, that, as we know, according to 25 USC secs. 1777 & 1778, belonged to the Spanish Crown since the epoch of the discovery of the New World on the century sixteen.

 

So the things, more later, during the period of 1987-88, working discretely, Andres got from the local courts the main “declaratorias de herederos” (heirs intestate court declaratories or certifications) establishing, jointly with said Basilio’s will, the ancestors direct line as follow: Gaspar Lopez, father of Basilio Lopez Martin, father of Maria Romana Lopez Salgado, mother of Jose Dolores Lopez Lopez, father of Francisco Lopez Salgado, father of Andres Lopez Salas, the Andres father.

 

Thanks to the Andres discovery, also, during that time, one of our relatives, the historian Dr. Juan Marcelino Canino Salgado, published a book about the Dorado’s town history, endorsed by its mayor, Hon. Carlos Lopez Rivera.

 

During the following years were discovered the legal aspects, including the historical facts.

 

So the things, finally, on 1997, after researching very intensively, checking more that 80 bibliographical references, available and registered on the Library of Congress, were discovered the correct property boundaries, reflecting a size of approximately 2,179,674 cuerdas (2,116,938 acres) distributed on 76 municipalities, covering the 90% of the lands in the island, having a minimum market value of $10 Trillion, being today its description as follow:

 

RUSTIC: Land located on the jurisdiction of the island Puerto Rico. Contiguous by the North with the Ocean, known as Atlantic Ocean, where are located the northern territorial limits of the municipalities of Aguadilla, Isabela, Quebradillas, Camuy, Hatillo, Arecibo, Barceloneta, Manatí, Vega Baja, Vega Alta, Dorado, Toa Baja, Cataño, Guaynabo, San Juan, Carolina, Loíza, Río Grande, Luquillo and Fajardo; by the EAST with the Ocean, known as the Vieques Passage, where are located the eastern territorial limits of the municipalities of Fajardo, Ceiba, Naguabo, Humacao, Yabucoa and Maunabo; by the South with the Ocean, known as Caribbean Ocean, where are located the southern territorial limits of the municipalities of Maunabo, Patillas, Arroyo, Guayama, Salinas, Santa Isabel, Juana Díaz, Ponce, Peñuelas, Guayanilla, Yauco, Guánica, Lajas and Cabo Rojo; by the WEST with the Ocean, known as Mona’s Passage, where are located the western territorial limits of the municipalities of Cabo Rojo, Mayagüez, Añasco, Rincón, Aguada and Aguadilla. Comprising an area of approximately two million one hundred sixteen nine hundred thirty eight acres (2,116,938 acres, equivalent to 2,179,674 cuerdas) of superficial territorial extension, calculated by virtue of summing the comprising sizes of the superficial territorial extensions of the municipalities of, today known as: San Juan, established on the year 1521, with a size of 30,973 cuerdas today; San Germán, established on the year 1573, with a size of 22,406 cuerdas today; Coamo, established on the year 1579, with a size of 51,402 cuerdas today; Aguada, established on the year 1692, with a size of 19,770 cuerdas today; Ponce, established on the year 1692, with a size of 76,444 cuerdas today; Loíza, established on the year 1719, with a size of 17,798 cuerdas today; Añasco, established on the year 1728, with a size of 23,600 cuerdas today; Guayama, established on the year 1736, with a size of 43,494 cuerdas today; Manatí, established on the year 1738, with a size of 30,292 cuerdas today; Utuado, established on the year 1739, with a size of 75,618 cuerdas today; Toa Baja, established on the year 1751, with a size of 16,146 cuerdas today; Toa Alta, established on the year 1751, with a size of 18,105 cuerdas today; San Sebastián, established on the year 1752, with a size of 47,141 cuerdas today; Yauco, established on the year 1756, with a size of 45,143 cuerdas today; Mayagüez, established on the year 1760, with a size of 50,763 cuerdas today; Guaynabo, established on the year 1769, with a size of 17,793 cuerdas today; Rincón, established on the year 1770, with a size of 9,220 cuerdas today; Cabo Rojo, established on the year 1771, with a size of 46,789 cuerdas today; Bayamón, established on the year 1772, with a size of 28,716 cuerdas today; Fajardo, established on the year 1772, with a size of 20,427 cuerdas today; Moca, established on the year 1774, with a size of 33,427cuerdas today; Aguadilla, established on the year 1775, with a size of 23,447 cuerdas today; Caguas, established on the year 1775, with a size of 38,628 cuerdas today; Vega Alta, established on the year 1775, with a size of 18,452 cuerdas today; Vega Baja, established on the year 1776, with a size of 30,764 cuerdas today; Arecibo, established on the year 1778, with a size of 83,693 cuerdas today; Cayey, established on the year 1779, with a size of 32,768 cuerdas today; Maunabo, established on the year 1779, with a size of 13,639 cuerdas today; Humacao, established on the year 1793, with a size of 19,655 cuerdas today; Peñuelas, established on the year 1793, with a size of 29,655 cuerdas today; Yabucoa, established on the year 1793, with a size of 36,003 cuerdas today; Naguabo, established on the year 1794, with a size of 34,927 cuerdas today; Corozal, established on the year 1795, with a size of 27,528 cuerdas today; Juncos, established on the year 1797, with a size of 17,134 cuerdas today; Luquillo, established on the year 1797, with a size of 17,000 cuerdas today; Juana Díaz, established on the year 1798, with a size of 40,000 cuerdas today; Las Piedras, established on the year 1801, with a size of 22,041 cuerdas today; Trujillo Alto, established on the year 1801, with a size of 13,839 cuerdas today; Barranquitas, established on the year 1803, with a size of 22,406 cuerdas today; Camuy, established on the year 1807, with a size of 30,026 cuerdas today; Cidra, established on the year 1809, with a size of 23,919 cuerdas today; Patillas, established on the year 1811, with a size of 29,214 cuerdas today; San Lorenzo, established on the year 1811, with a size of 35,586 cuerdas today; Sabana Grande, established on the year 1814, with a size of 24,383 cuerdas today; Adjuntas, established on the year 1815, with a size of 43,837 cuerdas today; Gurabo, established on the year 1815, with a size of 18,421 cuerdas today; Ciales, established on the year 1816, with a size of 43,494 cuerdas today; Morovis, established on the year 1818, with a size of 25,410 cuerdas today; Isabela, established on the year 1819, with a size of 36,805 cuerdas today; Hatillo, established on the year 1823, with a size of 27,578 cuerdas today; Quebradillas, established on the year 1823, with a size of 15,057 cuerdas today; Aibonito, established on the year 1824, with a size of 20,627 cuerdas today; Naranjito, established on the year 1824, with a size of 18,254 cuerdas today; Orocovis, established on the year 1825, with a size of 41,314 cuerdas today; Comerío, established on the year 1826, with a size of 18,599 cuerdas today; Lares, established on the year 1832, with a size of 40,664 cuerdas today; Guayanilla, established on the year 1833, with a size of 27,578 cuerdas today; Aguas Buenas, established on the year 1838, with a size of 19,831 cuerdas today; Ceiba, established on the year 1838, with a size of 18,082 cuerdas today; Río Grande, established on the year 1840, with a size of 40,075 cuerdas today; Dorado, established on the year 1842, with a size of 15,357 cuerdas today; Santa Isabel, established on the year 1842, with a size of 22,522 cuerdas today; Salinas, established on the year 1851, with a size of 45,711 cuerdas today; Arroyo, established on the year 1855, with a size of 9,616 cuerdas today; Carolina, established on the year 1857, with a size of 30,655 cuerdas today; Las Marías, established on the year 1871, with a size of 30,973 cuerdas today; Hormigueros, established on the year 1874, with a size of 7,251 cuerdas today; Maricao, established on the year 1874, with a size of 24,214 cuerdas today; Barceloneta, established on the year 1881, with a size of 15,158 cuerdas today; Lajas, established on the year 1883, with a size of 39,672 cuerdas today; Canóvanas, established on the year 1903, with a size of 18,000 cuerdas today; Jayuya, established on the year 1911, with a size of 15,701 cuerdas today; Guánica, established on the year 1914, with a size of 24,070 cuerdas today; Villalba, established on the year 1917, with a size of 24,383 cuerdas today; Cataño, established on the year 1927, with a size of 3,343 cuerdas today; and Florida, established on the year 1971, with a size of 7,248 cuerdas today.

 

What rules govern and how the taxation of the Estate works?

 

According to the applicable laws and regulations said ownership gives to the Estate’s heirs, grantees and administrators the right to receive and derivate tax benefits in the following way:

 

 

Taxation

 

All about our taxes / HOW THEY OPERATE

Repetitive & Perpetual Scenarios Year After Year

Summary / Brief

 

Applicable grounds, facts, aspects, concepts, laws, rules, regulations and principles

 

 

FILLING

 

Tax Year

 

Our accounting structure operates based on 12 months fiscal years (FY) periods, beginning on July 1st of each year, ending on June 30th of the next one.

 

Forms

 

Estate of Basilio Lopez Martin

Federal: 1041 (Before the FY2001 was used the 1040PR claiming refunds)

Puerto Rico: 480.8

 

ASSETS*

 

Estate of Basilio Lopez Martin (EBLM)

 

            Real Estate - Land

2,116,938 acres in Puerto Rico; calculated value: $10 Trillion

 

Real Estate – Structures (Residential, Commercial & Industrial)

2 million units situated on said land, calculated value: $15 Trillion

 

            Liquid

The Puerto Rico’s Gross Domestic Product (GDP) produced by the residents and entities on said large tract of land, using said land and the liquid assets belonging to the EBLM, accumulated since the year 1750 until present (calculated on approximately $175 Trillion).

 

TOTALIZING ALL: Approximately $200 Trillion (until FY2013)

 

*Minimum

GROSS INCOME*

 

Estate of Basilio Lopez Martin (EBLM)

 

The Puerto Rico’s Gross Domestic Product (GDP) produced each fiscal year by the residents and entities on said large tract of land, using said land and the liquid assets belonging to the EBLM.

 

EXAMPLES – Based on the Puerto Rico’s Planning Board official data (in millions)

 

TABLE 1 - SELECTED SERIES OF INCOME AND PRODUCT, TOTAL AND PER CAPITA: FISCAL YEARS

 

FY1996

FY1997

FY1998

FY1999

FY2000

FY2001

FY2002

FY2003

FY2004

FY2005

45,340.8

48,187.0

54,086.4

57,841.0

61,701.8

69,208.4

71,623.5

74,827.4

78,947.2

82,032.5

 

The income of the Estate of Basilio Lopez Martin (EBLM) is based on its ownership in fee simple of approximately 2,116,938 acres located on Puerto Rico, comprising 76 municipalities, covering the 90% of all the land on the island, including all the structures built and located over them.

 

Said ownership began on the year 1750, when the Spaniard citizen and businessman Mr. Gaspar Lopez, father of Mr. Basilio Lopez Martin, obtained it from the Spaniard landlord Mr. Juan Claudio Bautista by act of purchase and sale.

 

Each fiscal year the Puerto Rico’s Gross Domestic Product (GDP) is produced on and over said large tract of land belonging to the EBLM.

 

Due to the fact that the residents and entities of Puerto Rico produce said GDP living on, working in and using said land and liquid assets belonging to the EBLM the annual income of the EBLM is said GDP, belonging it entirely to the EBLM by the same grounds; having each administrator the right to receives the 1%, plus, additional percentages if also participate as heir and/or grantee.

 

*Minimum

DEDUCTIONS*

 

Estate of Basilio Lopez Martin (EBLM)

 

MAIN & BASIC - Uninsured losses by theft (See 26 U.S.C 165 as amended and state similar)

 

Said GDPs that the EBLM never receives, illegally retained by the resident and entities of Puerto Rico each fiscal year.

 

            *Minimum

exemptions & exclusions

 

Estate of Basilio Lopez Martin (EBLM)

 

Always equal to zero ($0).

Based on the IRS ruling on the publication 570 the income derived from the exports, which is part of the 60% of the GDP, connected with U.S Trade, is not exempt. About the particular, said publication states:

 

Possession source income. Generally, income earned after October 22, 2004, is not U.S. possession source income if it is treated as income from sources in the United States or if it is effectively connected to a U.S. trade or business.

 

The sufficiency of the deductions makes inapplicable the calculation of the exclusions.

 

TAXABLE INCOME

 

Estate of Basilio Lopez Martin (EBLM)

 

Always equal to zero ($0).

Based on the exercised deductions, which always are equal to the GDPs

 

PAYMENTS

 

Estate of Basilio Lopez Martin (EBLM)

 

All kind of paid taxes (Federal and State), disbursed by the residents and entities of Puerto Rico using part of said GDP, illegally retained by them, belonging to the EBLM.

 

EXAMPLES – Based on the Puerto Rico’s Planning Board official data (in millions)

 

TABLE 27 - COMMONWEALTH GOVERNMENT NET RECURRENT REVENUES: FISCAL YEARS

Local (State) Paid Taxes (To The Puerto Rico’s Department of Treasury/ Hacienda)

 

FY1996

FY1997

FY1998

FY1999

FY2000

FY2001

FY2002

FY2003

FY2004

FY2005p

7,852.3

8,460.0

8,784.2

9,770.1

10,057.9

10,702.7

10,508.4

11,465.4

11,299.8

12,444.0

 

TABLE 14 - RELATION BETWEEN GROSS PRODUCT, NET INCOME, AND PERSONAL INCOME: FYs

Federal Payroll & Employment Paid Taxes (Social Security & Medicare)

Filed on forms 941PR & 1040PR

 

FY1996

FY1997

FY1998

FY1999

FY2000

FY2001

FY2002

FY2003r

FY2004r

FY2005p

3,321.7

3,459.7

3,713.3

3,750.8

3,978.5

4,206.1

4,293.1

4,684.9

4,984.4

5,241.2

 

Basic Rule

 

All kind of paid taxes (Federal and State) disbursed by the residents and entities of Puerto Rico using part of said GDP, illegally retained by them, go in favor of the EBLM.

 

TAXES

 

Always equal to zero ($0).  

 

The payments and deductions offset all obligations, making filing unnecessary.

 

To pay the first dollar in taxes the taxable income would have to be 3 times the payments.

 

That scenario (owning taxes) could be possible only with the intervention of the Federal Government establishing a receivership once the EBLM recovers the total control over its assets.

 

REFUNDS

 

All said overpaid taxes, imposed over a non received income, disbursed by all the local residents and entities in Puerto Rico using our assets, illegally retained by them each fiscal year.

 

 

Inheritance Facts & History

Chronological Summary

 

 

On the date of February 4th of the year 1750 one of our common direct ancestors known as Gaspar Lopez bought in the locality of La Ribera del Toa Puerto Rico a very large tract of land to Mr. Juan Claudio Bautista, having as neighbors Mrs. Juana del Rosario at the West (where is located today the ward of Rosario in Mayaguez) and Mrs. Mariana de Raza at the East (where is located today the ward of Mariana in Humacao), covering practically the entire island, having a minimum size of 2,179,674 cuerdas (2,116,938 acres) distributed on 76 municipalities, having today a minimum market value of $10 Trillion.

 

Said real estate transference was recorded on a deed of purchase and sale before the Notary Public and Cabildo of San Juan, Mr. Francisco de Sostres, which protocols are preserved on the Archives of Simancas in Valladolid Spain; being said deed the most antique one of its kind at the General Archive of Puerto Rico.

 

When Gaspar bought said property the population on the island was of no more than approximately 3,000 persons, living in only 9 municipalities.

 

Before 1750 the establishment of each municipality took 95 years, and after that time an average of 3 years, completing 75 ones.

 

On 1755 Gaspar Lopez married Mrs. Andrea Martin, having more later five children known as Juan Crisostomo, Baltazar, Antonio, Dolores and Basilio; all, with surnames Lopez Martin.

 

To administrate said huge piece of real estate Gaspar had and used multiple administrators around the island, being the first, his eldest son Juan Crisostomo.

 

On 1777 Juan Crisóstomo married Mrs. Maria Josefa Martinez, having more later two children known as Jose Justo and Jacinto; all, with surnames Lopez Martinez.

 

On 1812 said Crisostomo’s son, Jacinto Lopez Martinez (Jacinto 1st), married his aunt, Maria Romualda Martinez Garcia, having more later fourteen children known as Juan Hipolito, Teresa de Jesus, Maria Ignacia, Juana Francisca, Manuela, Maria Luisa, Josefa Guadalupe, Jacinto de Jesus (Jacinto 2nd), Manuel Antonio, Juan Vicente, Jose Catalino, Fermina, Juan Guadalupe and Maria del Rosario; all, with surnames Lopez Martinez.

 

On 1816 the other Gaspar’s son, Basilio Lopez Martin, married Maria Paula Salgado Roman, having more later seven children known as Domingo, Maria Romana, Andres, Eugenio, Petrona, Gaspar and Juan Pedro; all, with surnames López Salgado.

 

When Gaspar passed away in 1830 the ownership of said property was delivered and distributed in favor of his said five children.

 

More later, one of his sons, Basilio Lopez Martin, became in the absolute owner of said property when he purchased and inherited the others siblings participations.

 

Those transferences were ratified in a deed on August 11, 1845 by all the heirs of the Basilio’s deceased siblings before the Notary Public Manuel Canales. A copy of the deed of 1750 was attached to said instrument as proof of ownership.

 

More later, on March 22, 1848, Basilio made his last will, naming all his children as his universal heirs, and his nephew, Jacinto Lopez Martinez (Jacinto 1st – son of Crisostomo) as his 1st administrator, and the son of him, Jacinto de Jesus Lopez Martinez (Jacinto 2nd) as his 2nd administrator in order to distribute his inheritance to his declared heirs Domingo, Maria Romana, Andres, Eugenio, Petrona, Gaspar and Juan Pedro Lopez Salgado. That will was issued on said date before the Notary Public Carlos Vasallo.

 

So the things, more later, unfortunately, on November 1848, when Basilio passed away, Jacinto 1st did not comply said will, retaining illegally the control over the part of the lands, and practically over all the movable (liquid) assets, product of 95 years of sugar cane and cattle business, having so him, in practical terms, the absolute control of the inheritance, failing to deliver it to his cousins.

 

As direct consequence of that, said inherited assets remained in the hands of the Basilio’s administrators and their heirs or grantees, like Jacinto 1st and 2nd, including thousands of black slaves around the island, that were classified “as property” by the Spanish Legal Black Code.

 

Until 1863, when Jacinto 1st passed away, due to his control, was impossible the establishment of banking institutions in the island.

 

The first one started on 1865 known as The Anonymous Savings Bank of San Juan, which eventually was closed when was declared in bankruptcy on 1877, when one of the Jacinto’s friend, known as Leonardo Igaravidez y Maldonado, borrowed all his capital, committing fraud, being prosecuted more later going to the jail.

 

More later, as consequence of the lobbying exercised by the political parties established between 1868 and 1870, due to Spain knew about the lack of ownership of the local residents, on 1878 the government enacted a mortgage law establishing a Property of Registry in the island allowing them to inscribe the lands under their names, declaratively, subject to and without affecting the statutory rights from the real unknown owners (the Basilio’s heirs).

 

By that said law, known as the Mortgage Act of 1878 for the Province of Puerto Rico, Spain certified the existence of the real estate civil third protected parties (the Basilio’s heirs), their right to exercise their rights at any time; and, the consent and the obligations from the declarative illegal land users without written titles, being them subject to said real owners.

 

One of the residents that proceeded to take advantage of said law was the Basilio’s 2nd administrator and nephew, Jacinto de Jesus Lopez Martinez (Jacinto 1st son).

 

On 1881 he recorded under his name on the Property of Registry of Dorado 4,375.3886 acres (4,505 cuerdas), identified as the property number 27 of Dorado, covering practically all the Dorado’s town, under the condition specified in said law “without prejudice the third of better right”.

 

About the particular the federal case People of Puerto Rico v. Livingston, 47 F.2d 712 (1st Cir. 1931) states:

 

Jacinto Lopez, Sr., died about 1864, and his son, Jacinto Lopez, acquired the land owned by his father by inheritance, and additional adjoining lands by purchase, all of which, following the extension of the Mortgage Law of Spain to Porto Rico in 1880, he caused in 1881 to be recorded in registry of property at San Juan as finca, or parcel of *716 land, No. 27, of which 4,237 cuerdas were in the jurisdiction of Dorado, and was known as the Hacienda San Antonio, and which was bounded on the west by the dividing line between the municipality of Dorado and Vega Alta, and on the north by the sea. This land clearly included the 355 cuerdas in dispute in this action, which are situated in the northwest corner of the municipality of Dorado, and are bounded on the north by the sea and on the west by the dividing line between Dorado and Vega Alta.

 

This inscription, however, was of a possessory title only, as it is termed under the Mortgage Law of Porto Rico, to obtain which the law required the abutting owners to appear before a local official and acknowledge that the party seeking to inscribe such a title was then in possession of the land described claiming as owner. Maldonado v. Ramos, 24 Porto Rico. 278, 280; Ochoa v. Hernandez, 230 U.S. 139-148, 33 S.Ct. 1033, 1036, 57 L.Ed. 1427. In the latter case the court said: 'The entry of a possessory title in his name was in effect a judicial certificate declaring him to be entitled to the possession, but without prejudice to third parties who might show a better right to it. It gave him no title as against them, but conferred a prima facie legitimacy upon his profession, being 'provisional and presumptive evidence of ownership.''…………………………………………………

As result of the establishment of the two major political parties in Spain during the period of 1868 to 70, the persons that controlled the politics in the island were the representatives of them, like Mr. Pablo Ubarri Capetillo, representing the Conservative Party, directed in Spain by Antonio Canovas del Castillo, and said Leonardo Igaravidez y Maldonado, representing the Liberal Party, directed in Spain by Mateo Praxedes Sagasta.

 

The power of Mr. Ubarri was so terrible that the governor and the judges were afraid of him.

 

http://books.google.com/books?id=GJwKAAAAYAAJ&pg=RA1-PA550&lpg=RA1-PA550&dq=pablo+ubarri&source=bl&ots=nyzMGAuQoW&sig=dXjHaG6PArnivNJFrZIp77BEUN4&hl=en&ei=HfzxS4K2MMSblgfPwIT3DA&sa=X&oi=book_result&ct=result&resnum=8&ved=0CDIQ6AEwBw#v=onepage&q=pablo%20ubarri&f=false

 

An example of that occurred in 1885 when by virtue of increasing the property taxes to the Jacinto’s 2nd heirs, he took for him their property located on Dorado using a proceeding of collection of money, being him the only bidder in the public auction.

 

About the particular the federal jurisprudence Ubarri y Iramategui v. Laborde, 214 U.S. 168 (1909) states:

 

"This is an action by children of one Jacinto Lopez against one of the heirs of one Pablo Ubarri, alleging fraud on the part of the said Pablo in dealing with the estate of Lopez. It is alleged that as the result Pablo Ubarri became the owner of more than 4,000 acres of land that had belonged to Lopez, and otherwise damaged and defrauded the estate to the extent of over $150,000." "...The facts relied upon as establishing fraud are as follows: Pablo Ubarri received from the widow of Lopez a power of attorney to administer the estate, and appointed as his substitute one Tomas Caballero. The probate proceedings went on amicably, the heirs were declared, and the estate was appraised and apportioned to them, the widow receiving property that by valuation was sufficient to pay the scheduled debts in addition to her personal share. Among these debts was one to Pablo Ubarri of $24,000. When the probate proceedings were ended, this debt was disputed by the widow, who asked for documentary evidence; Ubarri thereupon showed some irritation, and wrote to her in a manner that might be taken to imply a threat. She persisting, he began a suit with an attachment, the above named Caballero being his procurador. Before and afterward some of the property was attached for taxes, and ultimately it was sold. Ubarri became the purchaser, no other bidders appearing at the sale. Then his action went to judgment, and, finally, the land belonging to the estate, or a large part of it, was adjudicated to him upon execution. Ubarri was the richest, and, politically, the most powerful man in Porto Rico. Circumstances are stated suggesting the inference that even the judges might have been afraid of him."

 

After the abolishment of the black slavery in the island on March 22, 1873, during the period of 1876 to 1894 the following events occurred in the following chronological order: 1) On 1876 Spain issued a commitment to issue 7,000,000 pesos in Treasury Bonds, payables during the next 16 years, as a compensation to all the slaves owners covering so their losses due to the slavery’s abolishment; 2) On 1878 was enacted the 1st Mortgage Law; 3) On 1880, using that Law, said Basilio administrators heirs, without written property titles, or using wills without property titles, recorded under their names in the Registry of Property all the properties in their possession under the condition of “without prejudice the third of better right”; 4) Others properties, sold illegally by the Church, were recorded in the same way; 5) Using that capital of the slavery abolishment compensation, between 1877 to 1893 were established the first five banks, like Popular Bank of Puerto Rico (in Spanish, Banco Popular de Puerto Rico, which more later we discovered was established by virtue of planning and executing an accounting fraud, using also the Basilio’s liquid multimillionaire assets that Jacinto 1st stole, produced between 1750 to 1848. Until the fiscal year 1997 all the Estate’s assets were calculated at $90 Trillion.

 

On 1889, after the enactment of the Civil Code of Puerto Rico, the Right of Accession, in effect since the epoch of the Roman Empire, continued in effect, being incorporated to it, continuing giving to the Estate the ownership over all kind of assets produced legally and illegally in said property by all local residents and entities.

 

On 1898 the Treaty of Paris, singed between United States and Spain, ratified all our private ownerships rights, being alive, valid and liquid all of them until present.

 

Based on said grounds, the Estate has the right to receives refunds over all kind of overpaid taxes disbursed by all local residents and entities using illegally our assets.

 

 

Jacinto Lopez Martinez 1st & 2nd

&

Dorado, Puerto Rico Town

 

Additional Details

 

Until the year 1848 Jacinto 1st (d.1863) had been the first and main administrator of his uncle’s assets, Basilio, until his death that year.

 

Before that time, on 1842, using a power of attorney from Basilio (the sole land’s owner), had achieved the establishment of the municipality of Dorado, becoming in its 1st mayor.

 

After Basilio’s death on 1848 Jacinto 1st never executed his last will retaining illegally part of all the assets; resigning to such position on that same year to be dedicated entirely to the sugar cane production business using the stolen capital that never delivered to his cousins (Basilio’s heirs).

 

Same illegal practices continued occurring when his son, Jacinto 2nd, as his heir, being also the Dorado’s town mayor in 1875, 1879 and 1882 to 1884, using that powerful political position, proceeded to inscribe land under his name.

 

Due to the lack of a written property title, using the statutes of the Puerto Rico’s Mortgage Law of 1878, violating also the Basilio’s will of 1848 (as 2nd Basilio’s Administrator), in 1881 recorded under his name on the Property of Registry of Dorado 4,375.3886 acres (4,505 cuerdas) as the property number 27 of Dorado, covering practically all the Dorado’s town, under the condition specified in said law “without prejudice the third of better right”.

 

We may find proof of that illegal act on the federal jurisprudence on the cases Ubarri y Iramategui v. Laborde, 214 U.S. 168 (1909) and People of Puerto Rico v. Livingston, 47 F.2d 712 (1st Cir. 1931).

 

Today, 1,000 acres of those lands, are recorded illegally in the Registry under the name of one artificial [juridical] person, known as Hyatt Corporation, in violation of the federal and local laws enacted on 48 USC 752, 28 PRAL secs. 401~407; 421 & 431~435 and the local Constitution (Art VI Sec. 14).

 

Over that land is located the multimillionaire Hyatt Regency Dorado Beach Hotel related with the powerful Pritzker Family, which control more than $15 billion in assets.

 

One of the main local advertising campaigns describes said resort as follow:

 

Playa Dorado: West of San Juan, Playa Dorado consists of six white-sand beaches along the northern coast, reached by a series of winding roads. This whole area is dominated by the Hyatt resorts, Cerromar and Dorado. Because the hotels offer numerous children's programs, the Dorado beaches have become a family favorite. Originally, the beaches opened onto a grapefruit and coconut plantation owned by Clara Livingston, Puerto Rico's first female pilot. As fruit prices declined in the 1950s, she sold off her 1,600 acres to Laurence Rockefeller, who began hotel construction.

 

On the other hand, others thousands acres were developed by tens of corporations dedicated to the prohibited business of buying and selling real estate, building and selling thousands of urban housing units without property titles, and other hundreds ones, until present, are under the name of the Jacinto 2nd’s heirs, which ones unfortunate and intentionally the local government recorded under its name illegally in 1941 (under the name of the Land Authority) using the prohibited and criminal procedure of “double inscription”.

 

See more information about Jacinto 1st & 2nd on the web at:

 

http://welcome.topuertorico.org/city/dorado.shtml

 

The United States of America and Her Majesty the Queen Regent of Spain, in the name of her august son Don Alfonso XIII, desiring to end the state of war now existing between the two countries, have for that purpose appointed as plenipotentiaries:

The President of the United States, William R. Day, Cushman K. Davis, William P. Frye, George Gray, and Whitelaw Reid, citizens of the United States;

And Her Majesty the Queen Regent of Spain,

Don Eugenio Montero Rios, president of the senate, Don Buenaventura de Abarzuza, senator of the Kingdom and ex-minister of the Crown; Don Jose de Garnica, deputy of the Cortes and associate justice of the supreme court; Don Wenceslao Ramirez de Villa-Urrutia, envoy extraordinary and minister plenipotentiary at Brussels, and Don Rafael Cerero, general of division;

Who, having assembled in Paris, and having exchanged their full powers, which were found to be in due and proper form, have, after discussion of the matters before them, agreed upon the following articles:

Article I.

Spain relinquishes all claims of sovereignty over and title to Cuba. And as the island is, upon its evacuation by Spain, to be occupied by the United States, the United States will, so long as such occupation shall last, assume and discharge the obligations that may under international law result from the fact of its occupation, for the protection of life and property.

Article II.

Spain cedes to the United States the island of Porto Rico and other islands now under Spanish sovereignty in the West Indies, and the island of Guam in the Marianas or Ladrones.

Article III.

Spain cedes to the United States the archipelago known as the Philippine Islands, and comprehending the islands lying within the following line:

A line running from west to east along or near the twentieth parallel of north latitude, and through the middle of the navigable channel of Bachi, from the one hundred and eighteenth (118th) to the one hundred and twenty-seventh (127th) degree meridian of longitude east of Greenwich, thence along the one hundred and twenty seventh (127th) degree meridian of longitude east of Greenwich to the parallel of four degrees and forty five minutes (4 [degree symbol] 45']) north latitude, thence along the parallel of four degrees and forty five minutes (4 [degree symbol] 45') north latitude to its intersection with the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119 [degree symbol] 35') east of Greenwich, thence along the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119 [degree symbol] 35') east of Greenwich to the parallel of latitude seven degrees and forty minutes (7 [degree symbol] 40') north, thence along the parallel of latitude of seven degrees and forty minutes (7 [degree symbol] 40') north to its intersection with the one hundred and sixteenth (116th) degree meridian of longitude east of Greenwich, thence by a direct line to the intersection of the tenth (10th) degree parallel of north latitude with the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich, and thence along the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich to the point of beginning. The United States will pay to Spain the sum of twenty million dollars ($20,000,000) within three months after the exchange of the ratifications of the present treaty.

Article IV.

The United States will, for the term of ten years from the date of the exchange of the ratifications of the present treaty, admit Spanish ships and merchandise to the ports of the Philippine Islands on the same terms as ships and merchandise of the United States.

Article V.

The United States will, upon the signature of the present treaty, send back to Spain, at its own cost, the Spanish soldiers taken as prisoners of war on the capture of Manila by the American forces. The arms of the soldiers in question shall be restored to them.

Spain will, upon the exchange of the ratifications of the present treaty, proceed to evacuate the Philippines, as well as the island of Guam, on terms similar to those agreed upon by the Commissioners appointed to arrange for the evacuation of Porto Rico and other islands in the West Indies, under the Protocol of August 12, 1898, which is to continue in force till its provisions are completely executed.

The time within which the evacuation of the Philippine Islands and Guam shall be completed shall be fixed by the two Governments. Stands of colors, uncaptured war vessels, small arms, guns of all calibers, with their carriages and accessories, powder, ammunition, livestock, and materials and supplies of all kinds, belonging to the land and naval forces of Spain in the Philippines and Guam, remain the property of Spain. Pieces of heavy ordnance, exclusive of field artillery, in the fortifications and coast defenses, shall remain in their emplacements for the term of six months, to be reckoned from the exchange of ratifications of the treaty; and the United States may, in the meantime, purchase such material from Spain, if a satisfactory agreement between the two Governments on the subject shall be reached.

Article VI.

Spain will, upon the signature of the present treaty, release all prisoners of war, and all persons detained or imprisoned for political offences, in connection with the insurrections in Cuba and the Philippines and the war with the United States.

Reciprocally, the United States will release all persons made prisoners of war by the American forces, and will undertake to obtain the release of all Spanish prisoners in the hands of the insurgents in Cuba and the Philippines.

The Government of the United States will at its own cost return to Spain and the Government of Spain will at its own cost return to the United States, Cuba, Porto Rico, and the Philippines, according to the situation of their respective homes, prisoners released or caused to be released by them, respectively, under this article.

Article VII.

The United States and Spain mutually relinquish all claims for indemnity, national and individual, of every kind, of either Government, or of its citizens or subjects, against the other Government, that may have arisen since the beginning of the late insurrection in Cuba and prior to the exchange of ratifications of the present treaty, including all claims for indemnity for the cost of the war.

The United States will adjudicate and settle the claims of its citizens against Spain relinquished in this article.

Article VIII.

In conformity with the provisions of Articles I, II, and III of this treaty, Spain relinquishes in Cuba, and cedes in Porto Rico and other islands in the West Indies, in the island of Guam, and in the Philippine Archipelago, all the buildings, wharves, barracks, forts, structures, public highways and other immovable property which, in conformity with law, belong to the public domain, and as such belong to the Crown of Spain.

And it is hereby declared that the relinquishment or cession, as the case may be, to which the preceding paragraph refers, can not in any respect impair the property or rights which by law belong to the peaceful possession of property of all kinds, of provinces, municipalities, public or private establishments, ecclesiastical or civic bodies, or any other associations having legal capacity to acquire and possess property in the aforesaid territories renounced or ceded, or of private individuals, of whatsoever nationality such individuals may be.

The aforesaid relinquishment or cession, as the case may be, includes all documents exclusively referring to the sovereignty relinquished or ceded that may exist in the archives of the Peninsula. Where any document in such archives only in part relates to said sovereignty, a copy of such part will be furnished whenever it shall be requested. Like rules shall be reciprocally observed in favor of Spain in respect of documents in the archives of the islands above referred to.

In the aforesaid relinquishment or cession, as the case may be, are also included such rights as the Crown of Spain and its authorities possess in respect of the official archives and records, executive as well as judicial, in the islands above referred to, which relate to said islands or the rights and property of their inhabitants. Such archives and records shall be carefully preserved, and private persons shall without distinction have the right to require, in accordance with law, authenticated copies of the contracts, wills and other instruments forming part of notorial protocols or files, or which may be contained in the executive or judicial archives, be the latter in Spain or in the islands aforesaid.

Article IX.

Spanish subjects, natives of the Peninsula, residing in the territory over which Spain by the present treaty relinquishes or cedes her sovereignty, may remain in such territory or may remove therefrom, retaining in either event all their rights of property, including the right to sell or dispose of such property or of its proceeds; and they shall also have the right to carry on their industry, commerce and professions, being subject in respect thereof to such laws as are applicable to other foreigners. In case they remain in the territory they may preserve their allegiance to the Crown of Spain by making, before a court of record, within a year from the date of the exchange of ratifications of this treaty, a declaration of their decision to preserve such allegiance; in default of which declaration they shall be held to have renounced it and to have adopted the nationality of the territory in which they may reside.

The civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress.

Article X.

The inhabitants of the territories over which Spain relinquishes or cedes her sovereignty shall be secured in the free exercise of their religion.

Article XI.

The Spaniards residing in the territories over which Spain by this treaty cedes or relinquishes her sovereignty shall be subject in matters civil as well as criminal to the jurisdiction of the courts of the country wherein they reside, pursuant to the ordinary laws governing the same; and they shall have the right to appear before such courts, and to pursue the same course as citizens of the country to which the courts belong.

Article XII.

Judicial proceedings pending at the time of the exchange of ratifications of this treaty in the territories over which Spain relinquishes or cedes her sovereignty shall be determined according to the following rules:

1. Judgments rendered either in civil suits between private individuals, or in criminal matters, before the date mentioned, and with respect to which there is no recourse or right of review under the Spanish law, shall be deemed to be final, and shall be executed in due form by competent authority in the territory within which such judgments should be carried out.

2. Civil suits between private individuals which may on the date mentioned be undetermined shall be prosecuted to judgment before the court in which they may then be pending or in the court that may be substituted therefore.

3. Criminal actions pending on the date mentioned before the Supreme Court of Spain against citizens of the territory which by this treaty ceases to be Spanish shall continue under its jurisdiction until final judgment; but, such judgment having been rendered, the execution thereof shall be committed to the competent authority of the place in which the case arose.

Article XIII.

The rights of property secured by copyrights and patents acquired by Spaniards in the Island of Cuba and in Porto Rico, the Philippines and other ceded territories, at the time of the exchange of the ratifications of this treaty, shall continue to be respected. Spanish scientific, literary and artistic works, not subversive of public order in the territories in question, shall continue to be admitted free of duty into such territories, for the period of ten years, to be reckoned from the date of the exchange of the ratifications of this treaty.

Article XIV.

Spain will have the power to establish consular officers in the ports and places of the territories, the sovereignty over which has been either relinquished or ceded by the present treaty.

Article XV.

The Government of each country will, for the term of ten years, accord to the merchant vessels of the other country the same treatment in respect of all port charges, including entrance and clearance dues, light dues, and tonnage duties, as it accords to its own merchant vessels, not engaged in the coastwise trade.

Article XVI.

It is understood that any obligations assumed in this treaty by the United States with respect to Cuba are limited to the time of its occupancy thereof; but it will upon termination of such occupancy, advise any Government established in the island to assume the same obligations.

Article XVII.

The present treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by Her Majesty the Queen Regent of Spain; and the ratifications shall be exchanged at Washington within six months from the date hereof, or earlier if possible.

In faith whereof, we, the respective Plenipotentiaries, have signed this treaty and have hereunto affixed our seals.

Done in duplicate at Paris, the tenth day of December, in the year of Our Lord one thousand eight hundred and ninety-eight.

[Seal] William R. Day
[Seal] Cushman K. Davis
[Seal] William P. Frye
[Seal] Geo.
Gray

[Seal] Whitelaw Reid
[Seal] Eugenio Montero Rios
[Seal] B. de Abarzuza

[Seal] J. de Garnica
[Seal] W. R. de Villa Urrutia
[Seal] Rafael Cerero

 

Source: A Treaty of Peace Between the United States and Spain, U.S. Congress, 55th Cong., 3d sess., Senate Doc. No. 62, Part 1 (Washington: Government Printing Office, 1899), 5-11.