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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
The inhabitants of the territories over which Spain relinquishes
or cedes her sovereignty shall be secured in the free exercise of their
religion.
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.
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.
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.
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.
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.
It is understood that any obligations assumed in this treaty by
the
The present treaty shall be ratified by the President of the
In faith whereof, we, the respective Plenipotentiaries, have
signed this treaty and have hereunto affixed our seals.
Done in duplicate at
[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.
