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[edit] 2/23/21 MOA explanation

what i'm writing here is very long. it will probably take you 30 minutes to read and understand but after that you will avoid wasting thousands of hours worrying unecessarily. you will gain $billions in terms of quality of life because you will be happy and free from stress. you cannot put a price on stress free life. it's priceless. i hope someday you will realize everything i'm doing is for everyone's benefit. lolo, lola, tito gerry and tito bertie should be smiling up in heaven, but maybe they are worried there is still some confusion and worries among their pinanggas. i hope this long letter will ease those worries so everyone can finally celebrate and just enjoy life and take advantage of the sacrifices lolo and lola made for their pinanggas.

i'm glad we are giving specific consequences and scenarios to support our opinions. but for us to make the best decision, we also have to discuss the probablity estimates of each scenario. for example there is a possibility that a plane will crash. but why do we ride planes? because although there is a possibility the plane will crash, it's not a significant probability. so it's useless and a waste of time to even think about it.

the bad scenarios that tita jane pointed out and christian impressively illustrated using a flow chart, cannot happen legally, meaning they are all illegal. tito mike also expressed a legitimate concern that there is a possibility salvador Ang might bribe the court. in my own opinion, if Ang can do that he would have already done it long time ago because he has a notarized deed of sale on the properties. tita jane pointed out that once the estate taxes have been paid, it would be easier for Ang to bribe the system. of course i'm not a lawyer so i consulted atty mark who said that it will be more difficult for Ang to bribe the system especially if we are in administratorship because all transfer, disbursment of funds and sale will need a hearing and court order, unlike with extrajudicial where things could just happen without a hearing or court order.

in my own opinion, and again i'm not an expert, i'm just using deductive reasoning based on my observations and personal experiences, the chances that the bad scenarios would happen is about the same chance we get hit twice by lightning. meaning it's practically zero chance.

i notice there's 4 kinds of bribes or government corruption. one is where you bribe the govt to do something that they should be doing and causes no harm to any person. example it took me a year to get my philippine passport. i didn't know i just needed to pay a fixer P1k so i can get it in a few days. i'm bribing them so the government will give me something that they should be giving me in the first place because my parents are filipino citizens, and it causes no harm to anyone. when the govt gives me my passport, nobody will be hurt or angry that they lost their property. but tita jane is right that maybe if we just go through the normal process, it will take years just to sell 1 property, just like it took me a year just to get my passport. atty balili said that selling a property is even faster and safer with administratorship, but if he is wrong, it's obvious there is an easy and cheap remedy (wink wink). it's easy because if we bribe the court to expedite the approval of the sale, we are simply asking the court to do their job and it causes no harm to anyone. that's why there's hardly a public outcry on these kinds of bribery (such as using a fixer to expedite renewing your license or registration of your car).

the second type of bribery is where you give kickbacks to win a govt contract. this could harm the other contractors who are competing for the contract and also harm tax payers because it could decrease the quality of the contracts and govt projects. that's why there is a lot of public outcry. however, it still happens because the harm is not severe or people don't really feel the immediate pain so the perpetuators can easily get away with it. it's not really painful blatant injustice to the other bidders because nothing material was taken away from them.

the 3rd kind of bribery is where you bribe the government to win a CONTENTIOUS issue or court case. the harm is not blatant injustice because there is always a certain amount of justification for the decision (which is the inherent nature of a contentious case). example if we bribe the judge to win the right of way of mambaling, it's not blatant injustice because we do have a certified notary entry of the deed of sale. we just misplaced the original notarized deed of sale and can't find it that's why we have to go through a hearing. so although bribery is illegal, the decision or court order is not illegal because we have proof we already paid for the right of way.

the 4th type of bribery is something that has practically a zero chance of happening. the bad scenarious that tita jane pointed out can only happen if the judge does something that is blatantly illegal, unjust and causes immediate pain and harm to an entire klan that is composed of around 50 people. meaning there is a very high chance the judge and the kids of salvador ang will get killed. considering their wealth, it's not worth to risk their lives. we are not dealing with drug dealers who have nothing to lose or warlords with intense security around them. i said the same thing to tita georgia when she told me she was very worried she will never get back the title of the main house. i told her atty tan owns a P200 million property in st benedicts panagdait there's no way they will cause blatant harm to a person and risk their life just to take a dilapidated house of an economically struggling family. in fact the administratorship will make it easier to get back the title. i remember a year ago a fiscal was assassinated near ayala and whenever i ask my laywer high school batchmates for their opinion about the incident they will just shrug their shoulders and say the fiscal was known to step over other people's foot, as if they were saying that as long as they don't cause blatant injustice and harm to others, there really is no reason for them to fear for their life as lawyers.

that's why ever since the administratorship was filed, all my worries were gone. there are no more showstoppers for the millions to start flowing into the bank accounts of the lolo and lola's pinanggas. we should all be happy and celebrating. the MOA was our savior. also tito jojo is our silent hero or savior because he was the one who lead us to atty balili's law firm. the buyer never would have agreed to the terms of the MOA because it's too much headache and so much tedious work and there were other properties around ramos they prefered to buy which did not have big problems like that of pelaez. that's why i had to seduce and trick atty balili to convince the buyer that's it's a very good deal, in exchange for possibly millions they could be getting from the difference of the estate tax and payment to Ang. but now they realize it's almost impossible they will get anything from Ang and estate taxes. they will only get the lawyers fees for administratorship and 5% commission of the pelaez sale. CHECKMATE !!! that's why balili in front of all the other lawyers and staff who were having dinner at their office told me, "you are so smart" and he congratulated me for my brilliant maneuver that literally saved the entire estate.

the most important maneuver was when i brought everyone in the compound to meet the buyer mr. lao in hopes that mr. lao will have some sort of emotional responsibility towards our family. and we now know after the fact that my plan worked. mr lao enjoyed socializing with us and spent time worrying and giving advise to the nurses and sailors of our family who currently don't have jobs. mr. lao is the typical captain of industry that i play golf with - very generous, but could easily be offended and insulted if we postponed the meeting or the signing.

our concerns about the MOA, although legitimate, is still small compared to the inevitable scenario that salvador ang becomes our adminitrator if we didn't beat him to the punch in filing for administratorship and assuring we have money for the estate taxes and paying off our debt to him. we can now pay ang through a court order and if ang does not surrender the titles the judge can order him arressted.

but if i was Ang, i would be jumping for joy at the turn of events because for sure he will now get paid the P6.5m. And we have to thank Ang because by holding the titles for 20 years, he forced us to ride the strongest real estate bull market in the history of the country. we give him P6.5m but because of him the estate is P50m richer because he prevented us from selling 20 years ago when the prices were still very low. i bought shares of apple, netflix, google and amazon and they quickly doubled after a year and was boasting my achievements in my facebook posts. but turns out i was such an idiot for selling too early. example i bough netflix at $7 and sold at $14 a year later, but now netflix is $540. if salvador ang held my stock certificates and prevented me from selling those stocks, like what he did to our family, i would be a billionaire by now.

but if you are still worried that Ang can sell the properties, then there is an easy solution. all we have to do is follow tita jane's original instructions, which is to sell and divide. SIMPLE !!! mr lao is ready to give us full payment on the appraised value of pelaez and guba (P14m) ANYTIME !!! we just need to inform them so they can draw up the contract for guba. now that the estate is safe, we now have all the time in the world discussing the LOI and scrutinizing the contract before everyone signs it. once we get the full payment, Ang can do whatever the hell he wants with the titles it's now the buyer's problem. only pagina will be left but it's almost worthless because it's trapped with no frontage. we should be embarassed and ashamed that we are having difficulty executing something that is so simple that even uneducated people can easily do. tito mike privately told me he is baffled why not everyone would just sign and get the money. atty balili told me he already brokered 28 properties for mr. jefferson lao and their firm is perplexed why our family is making it unnecessarily complicated for no valid reason. on some sales he brokered, co-owners who were abroad simply gave an SPA, some co-owners were uneducated and simply signed the contracts and got their checks and everyone was happy. simple !!! the heirs should only be worried if the property was assigned to a corporation (like the lawaan talisay sale) because the buyer can just issue a check going to the treasurer. but since the remaining properties of the estate all belong to the estate, the buyer will have no choice but to issue a check to each heir. the lawyers even freaked out when they saw tito gerry's will because they were not sure how much to give christian and nimfa's kids. that's why christian and tita angie felt safe giving me an SPA because they know the buyer has to write a check in their name and i can never touch the money. i'm sure mr. lao and atty balili never screwed any of the sellers because they are not afraid to expose themselves. anyone can visit atty balili in his office anytime.

if we all just follow tita jane's original instructions which is to sell and divide equally, there will be no problem. even when i was still confident Ang will accept our payment and we can do extrajudicial, i was already shopping for lawyers who can help us with administratorship because i started to feel worried not all heirs can be contacted because of the pandemic and i was worried some heirs abroad won't give an SPA. i got very angry that we had to do administratorship. i never wanted to do administratorship. i always wanted to do extrajudicial. that's why i lost my cool and nanghagis ko sa chat group because i hated administratorship and wanted to just do the extrajudicial which was much simpler. i got more worried because no lawyer wanted to help us with administratorship because it's too tedious. good thing i found a way to manipulate atty balili to help us with administratorship. and now we found out Ang never really intended to negotiate and was just playing us and buying time so that when the amnesty deadline nears, the judge will grant him emergency admnistratorship. good thing we beat Ang to the punch, thanks to the MOA. we should be happy about the MOA and thankful, not angry.

our BIR assessor edith sibayan and the head of ROD atty cugtas told me we cannot do extrajudicial if we still owe Ang. the most important element of an extrajudicial is the clause that says the heirs left no debt. Ang could sue us and we could be jailed for perjury if we insist on an extrajudicial.

the MOA practically gave us P117 million in value. it saves us P56m in estate taxes penalties. the mactan lot that could easily go to atty tan if he files a case against us was appraised at P35 million. the main house front lawn is easily P6 million. common sense usually prevails in administratorship so the judge might find P41 million too big relative to the value of the estate and might order atty tan to accept a P5 million settlement. atty tan might even be happy with this because the mactan lot has no right of way. atty tan also verbally told me that he actually prefers a cash payment instead of mactan lot because he doesn't think he can ever sell mactan because there is no right of way. so P25m + 56m + P35m = P117m. as i posted in our collaboratoin wiki, the mactan lot is practically worth P75 million to us if we use it for bedspacing because bedspacers don't need cars. i even used a PE ratio of 20 for my valuation analysis, which is conservative relative to the S&P500 which now has a PE of 31. so the MOA adds another P40m in value.

but for me, money is just a piece of paper, it's true value is to improve our quality of life. the MOA actually gives us $billions worth of quality of life because we don't have to worry about the amnesty deadline or finding the money to pay Ang. it also gives us another $billions worth of quality of life because we don't have to file a separate case and attend STRESSFUL and lengthy hearings to get the titles from Ang, reconvey the 10ha toledo lot 4143, and attend lengthy hearings against atty tan. these kinds of stress can be dangerous to our health. the MOA allows the indigent pinanggas of lola and lolo to get reprieve from their economic hardships and have money for life saving emergency medical procedures. i can't even put a price tag on that. the MOA also allows the heirs to create priceless and precious memories. maybe when the pandemic is over they can go to hong kong disneyland, but if we wait 5 years for another amnesty, maybe the kids would be too old to enjoy disneyland because they would rather be with their uyabs than see mickey mouse. you also can't put a price tag on precious childhood memories.

another big advantage of the MOA and administratorship is that sales of properties will have to be approved by the court which means the buyers and brokers will be afraid to swindle us because the judge can order them arrested. it's as if we have a very powerful lawyer to review the contracts so we have more options because we don't have to find a buyer who has to give the full payment for fear we might get swindled.

the heirs don't have to worry about not getting their fair share. in fact the reason why i as an administrator has to be bonded is so that if i make a mistake as an administrator, the heir who became alakansi will be paid his/her fair share. i worry tita jane might be forced to travel to cebu even if the pandemic is still raging because she does not want to give an SPA to anyone. but with administratorship, a property can be sold with just a court order so she does not need to come to cebu and her share will just be safely consigned in court. admininistratorship will literally protect us from the covid infection, especially tito mike who is high risk because he is a cancer survivor.

another big advantage of the MOA is that the heirs can now start gathering enough dry gun powder so they can pull the trigger or take advantage of dirt cheap townhouses or DECA homes in case the pandemic will cause a recession or even a depression that will crash the real estate market. we should sell the estate properties as fast as possible while the real estate market has not collapsed yet. buy low, sell high. that's how you play the game. same way i took advantage of the 2008 great recession by buying 2 vegas houses at $35k auction price and last year they got appraised at $215k each. i sold 1 hastily for $145k on march last year so i have a lot of gun powder to pull the trigger in case the pandemic causes a crash. when the crash happened, i played with an open hand and posted all my moves in facebook. i bought the vaccine and zoom stocks and tesla which skyrocketed and tripled my portfolio. the heirs have the opportunity to follow my investing strategy because of this MOA. of course we should not pray for an economic collapse but we should be prepared. fortunately, there are strong catalysts that can provide a floor to the economic downturn - 5G upgrade cycle, cloud migration, plant based meats, humanization of pets, and the vaccine bull market which has a lot of pin action such as refrigerated transport and even glass vials (GLW). search "ian's knowledge bombs" and click "investing-for-dummies" and "stock-picking-for-dummies" in the table of contents to learn more.


if we want to communicate better, avoid making statements that are too general to be useful. it's like saying na disgrasya ang tao sa auto. there's many kinds of disgrasya- there's fender bender, there's total car wreck dunay ni layat sa pangpang. you need to be more specific for your statements to be useful and for us to be able to communicate better for our group to be strong. and we need to be strong because we are not battling salvador ang who is old and tired. decoy ra na siya. we could be battling his children who are young and hungry and want to make a name for themselves. even if they are already rich, wealth is relative and if their classmates in ateneo own condominim towers, they probably want to get as much money as they can from our estate as seed money to build their own empire. that's why they filed for administratorship and never really intended to negotiate with me. i visited Ang many times and he would just tell me he is still trying to decide but now i know he was just playing us and buying time so that when the amnesty deadline nears the judge will be forced to grant him adminitratorship or else the estate tax penalties will cause irepairable damage to the estate. so it's important our family communicates properly. for example if you are concerned about ang demanding more than P6.5m, it's not that hard to give the worse case scenario, which is that ang charges interest from his last collection in 2016, which at 6% is only P1.5m. it's a fender bender relative to the P122m we can easily benefit from this MOA. it's a no brainer if only you look at the big picture and connect the dots. besides this MOA is not what is causing that additional P1.5m. meaning even without this MOA, we will still need to pay that additional P1.5m if Ang demands it. in fact, this MOA is our best chance to avoid that additional P1.5m, because signing it means you are voting for adminitratorship, where the judge might find P7.5m too big and ask Ang to accept a settlement that is much less. and we don't have to file a separate case to retrieve the titles because the judge will just order Ang to be arrested if he does not surrender the titles.

another very important thing to keep in mind for us to be able to communicate better is when you state an opinion or concern, give the specific consequences that would support your concern. example if you say you are concerned that the administrator na magbuot sa tanan, you have to give a specific consequence like the adminitrator has the power to assign the properties under his name, which of course is not true. in fact the reason why the administrator has to post a bond is so that if duna heir na maalakansi tungod nasayop ang administrator, the bond is like an insurance na mabayran gyud ang heir sa iyaha bahin. that's actually superawesome because the disasters that plagued the family in the past can't happen anymore. the admnistrator can also be outvoted and even fired by majority. you might be concerned that the majority is not always right just like in nazi germany where the jews were the minority but they were the good guys, but the beauty of administratorship is the judge has the power to protect the minority from the tyranny of the majoriy. so during the hearing the judge can still side with the minority, but the minority has also to air in the side of common sense. anyone can voice out their objections in the hearing but their objections have to be reasonable. isn't that what everyone wants? fairness, justice, democracy?

we must also realize the MOA and administratorship was decided and accepted by OVERWHELMING consensus (7 out of 9 heir lines), representing the entire age spectrum, youngest to eldest. i also trust tita angie's decision considering she finished law school, has a phd and is a department head in DTI. i also trusted christian's decision, considering he is a high end systems engineer at a world class global bank. and i'm sure tita georgia consulted tito jojo who has given many valuable advise and expertise to the estate. so it's a wrong misconception to say i'm making decisions on my own. of course we are not perfect and the consesus can still get it wrong, but it's the only way we can make the best decision. we are all just trying to make our best guess because we are not God and we don't know everything.

the root cause of our miscommunication is that our brains are wired differently, in other words, our family is very diverse. but our diversity should be our strenght, not our weaknes. we should recognize each other's strength and use it to our advantage. that's why i always listen to tito virgilio's technical advise and follow. and that's why because of tito virgilio i am going to aloguinsian and i was able to sort out the 18sqm water tank and 48sqm compound entrance. that's called teamwork. also, i cannot do what tito mike is doing moderating meetings. i cannot do what christian is doing taking down the very detailed and important minutes of the meeting and creating flowcharts. magz is like me we are both street smart and that's why we tend to share the same philosophy. even tita doris' leg work and energy is one of the biggest contributors of the estate. i'm amazed how tita doris woke up 4 am to catch the first bus to aloguinsan. i can never do that. tita doris and tita georgia has provided me with so many valuable facts, data and history of the estate. my dad has provided me with many crucial information, advise and contacts to help us navigate through the treacherous government bureaucracy.

i hope everyone realizes i never intended to disrespect anyone. in fact all my messages to the heirs is recorded in our collaboratoin wiki and my first ever message i was thanking tita jane because i wouldn't be successful right now if she didn't help me when i just arrived in the states. in fact the things i said to tita jane i thought she would be proud of. i said tita jane you are blessed with a wonderful family and very smart kids ask them to help you the same way tita angie and my dad is asking help from their "upgrades". in the golfing community we call sons or daughters upgrade. instead of saying anak siya ni so and so we say upgrade siya ni so and so. the reason why i said that is because i want tita jane to be happy and free from stress and i found it a waste that while everyone was celebrating she was upset, only because there were certain information that she missed, which she admitted that the information i send out are too long she does not have time to read them.

the estate issues require street smarts. there's 2 kinds: book smart and street smart. tita jane is more book smart simply because unlike me, she was never exposed to dangerous street life. street smarts involve making decisions that are not scientific and therefore cannot be written in books because it involves guessing human nature. human nature is very unpredictable and it's always a case by case basis and the best you can do is make judgement calls or guesses, and in our case if i didn't make that guess or judgement call that the buyer will be offended if we postponed the signing, the whole estate would have been in jeopardy. another example is tita jane and tito virgilio and tita georgia have been going to the toledo assessor but they never got the tax decs. when i went i kinda noticed he was gay so i gave him my number and told him if he visits cebu city to give me a call we can have coffee. who knows my friendly gesture probably motivated him to give us the tax decs. and also i found out one of the high ranking assessor, his wife was a very good friend of tita angie so i let tita angie talk to him and maybe that also helped us get the tax decs. these skills you can't learn in books. i mean doctors or surgeons are the smartest people in the world but they would be having a tough time solving the problems of the estate because doctors are book smart. it's not an insult it's something to be proud of because oh my god while street smarts can solve the problem of the estate, doctors and book smarts can save lives. that is something to be proud of. the same thing with my dad and tita angie - they are high level TECHNOCRATS, high intellectuals way way smarter than me. i failed the entrance exam to ateneo and UP i only got in los banos because the chancellor at the time was my father's roommate when they were taking masters degree in wisconsin. i really have nothing to be proud of. i'm just a disgusting lonely loser, no job, no family. you guys are actually way way smarter than me, it's just that i grew up in the streets so i developed street smart skills to judge people's personalities. that's why in the first meeting with mr lao i told everyone in the compound to dress makaluluoy because i play golf with these captains of industry and know they can be very generous and have the instinct to be the guardian of society but they can also be very sensitive and easily be offended if we postpone the meeting and we don't know if that buyer could be our only hope for saving the entire estate. and now, after the fact, we know i made the right call and if i didn't make that call we could be very stressed right now not knowing how we could pay for the estate taxes. christian said it best - he said - "na anghelan ta". of course if you look at what i did in isolation it was a very stupid thing to do just like driving against the flow of traffice is a very stupid thing to do, but if you look at the big picture, it was the right thing to do just like an ambulance driver trying to save the life of the patient by driving against the flow of traffic. in our case, i was trying to save the entire estate.

[edit] 2/20/21 dirty kitchen and aloguinsan updates

there are 2 buildings that appear in the list of holdings - tax dec # GRC6-08-062-11262 and GRC6-08-062-11263 which i'm not sure what and where they are. i suspect this is the old dirty kitchen/maid's quarters, and the lot number just has a typo error. BOTH tax dec says the lot number is 6090-B-2-D, but all the lots in compound starts with 6098-... BOTH have the same area - 132sqm, which is about the same as the dirty kitchen. maybe one is just a duplicate or revision. the 11262 tax dec also has a levy - delingquent on property taxes, date nov 24, 2010 amount is P57,739. i will go to tax mapping on monday to verify this. if it's the dirty kitchen then the estate will need to assign it to papa.

regarding aloguinsan, tita doris suspects the 392sqm lot 419 that nobody knows about is either a big canal or has been verbally assigned to tiya rita by lola (like pagina). i will visit aloguinsan next week to verify this. this lot has a weird configuration, it's a narrow strip right along the provincial road, around 68m long and 6m wide. i will post the sketch map. it's actually the frontage of lola's 1,841sqm lot 420.

lot 420 has 2 classifications in the tax dec - 1,641sqm corn land and 200sqm residential. tita doris says the lot has been subdivided into 9, each having 200sqm. the deed of sale says we sold 1,224sqm. tita angie says the proceed of the sale was divided among 7 heirs. tito gerry's and tito bertie's share was not part of the sale, so they are suppose to still have 200sqm each. this probably explains why it still appears in lola's list of holdings, and the tax dec just hasn't been updated yet. however, 200 X 9 = 1,600, so we don't know what is the extra 200sqm residential. i will also sort this out when i go to aloguinsan. the remaining lot should be 600sqm, and if that's the case, we should decide whether to assign 300sqm each to tito gerry and tito bertie or just assign 200sqm and keep the remaining 200sqm for the estate.

[edit] 2/18/21 update on aloguinsan

tita doris got back from aloguinsan with the certified tax decs and no improvements lola has 2 properties - lot 419 (329sqm) and lot 420 (1,841sqm). what's weird is there's also 4 property tax receipts, each listing around 5 properties of lola and her siblings, each having a different tax dec #. lola's tax dec # is 02373 and 02401. but both are not in the list of holdings and both don't have certified tax decs. maybe we have to go back and have these 2 lots declared so we can include them in the estate tax computation. the dates of the property tax receipts are 2011, which means the properties are incurring huge penalties. i think we should get a computation and maybe contact marjorie and tito mario to ask them to chip in if it's big. but if it's just around P5k we can just pay it and ask marjorie or tiya lydia to pay ours next time they visit. also, it shows tiya rita paid for lola's property taxes in 2011.

to sum it up, there are now just 2 remaining items before we can get the final estate tax computation: 1. 2 lots in aloguinsan not yet declared - i will need to go back to aloguinsan to sort it out 2. 48ha of toledo - the assessors office is already creating tax decs so we are in a waiting mode for this. but i will follow up next week

update: i see a 2011 deed of sale where tax dec #02373 was sold for P244k. that explains why it's in the property tax receipts but not in the list of holdings. what's confusing is that it's lot 420, but lot 420 is still listed under lola as the owner, but the tax dec # is now 20-04-02676. the lot areas are also different. the one sold was 1,224 sqm and the sketch map lists it as lot 420-PART. the sketch map also shows another lot with the same name, 420-PART, beside the 1,224 sqm lot that was sold. i would guess this is the lot lola still owns, but it's much smaller than the one that was sold, while the tax dec of the lot lola still owns shows the area is 1,841sqm. very confusing. maybe the lot that lola still owns is the same lot that was sold, but maybe the sale was invalid because the estate taxes haven't been paid yet. or maybe we had an agreement stipulated in the deed of sale that when the estate taxes are paid we transfer it to the buyer instead of the heirs. the deed of sale says this:

"that the said parcel of land is not registered under act 496. but the parties agree to register the instrument under act 3344, as amended by pd 1529."

i tried googling the acts but the texts are too long might as well ask the assessor when i go to aloguinsan.

it's also possible tax dec 02401 belongs to tiya rita because one of the property tax receipts show tiya rita's name next to the tax dec #. however there's another property tax receipt where lola's name appears next to the tax dec #. i'm sure the assessor can easily sort these out.

or maybe i can let tita doris go again and she will just call me so i can talk to the assessor.

[edit] 2/17/21 update on DCCI, aloginsan, 18sqm, and pagina

i gave tita doris P200 for taxi to SEC to inquire about DCCI. the only requirement they asked for to keep DCCI up to date is 2020 financial statement and 2021 GIS. i will work on it when i have time. they said they don't know yet how much we need to pay for penalties. i guess the penalty will depend on DCCI assets which is only the 48sqm compound entrance so hopefully the penalty will just be small.

i also gave tita doris P3.5k for her aloguinsan expenses to get a list of holdings, tax decs and no improvement certifications for lola and tito bertie. she and donnie will stay overnight because it usually takes more than a day to process. if tito bertie's property is not yet declared, i will go to aloguinsan next month to process it which is ok since the amnesty deadline is not critical for tito bertie's estate. i'm just waiting for my drone to arrive. the aloguinsan mayor will accompany me to scope out the area around secret beach because my dad wants to apply for a free patent around the area and build a payag for vacation house.

i got the no improvement and certified tax decs for the 18sqm water tank. our BIR assessor edith said she can now add it to the estate tax computation but she wants me to submit it together with the toledo tax decs/no improvements.

regarding pagina, edith said tiya ika's family still needs to do extrajudicial and pay inheritance tax even if it's just for their 79sqm house without land. i will work on their extrajudicial this weekend.

allow me to brainstorm about pagina. you don't need to read the rest of this message, it's just for brainstorming purposes. i was thinking instead of donating an almost worthless 193sqm to tiya ika's family, we can do a little real estate engineering and give them something that has real value and also increase our estate's value in the process. it will also make mesquite, the owner of our frontage happy. i will offer mesquite (who is close buddies with tita doris) to help her with her estate tax and have her 400sqm lot titled under her name. in exchange, she will sign a contract to sell so we can buy the 79sqm lot that tiya ika's house is sitting on for P1m. it will be a good deal for mesquite because there will soon be a road widening so the 79sqm will probably just be 40sqm. this will allow mesquite to start enjoying her inheritance. then we can subdivide both the 193sqm and 79sqm in half such that both partitions will have a frontage. although we are giving tiya ika's family only 136sqm instead of 193sqm, we are giving them easily P3m worth property instead of only P500k (if it was trapped without a right of way). in the process, our estate spends P1m but we now have a property worth P3m instead of zero if we donated everything (which was the original plan).

mesquite does not have to worry about the squatters who are known killers. she can just let her remaining 321sqm (or maybe 200sqm after the road widening) sleep as it increases in value. then after the road widening most likely a big developer will swoop in to make her a nice offer. the big devloper will also usually give a big offer to the squatters that will make the squatters happy to relocate, and nobody's life will be endangered.

but where will we get P1m to buy mesquite's 79sqm frontage (plus partitioning expenses)? as administrator i can petition to set aside money, maybe P1.5m from the mambaling sale and deposit it in court so it will be used for this purpose.

we can also build a 12 unit 2 story bed spacing building we can rent out for 6k a unit. i played golf with a dude who is the nephew of tiya rosa and a close friend of engr tiyo dodong. forgot his name but he used to be a manager in petron and work buddy of our late neighbor chito mantos. (he told me chito used the petron speedboats for personal trips to boracay. classic tokachits :-) he owns a big dormitory across san carlos. he also owns a 12 unit 2 story bed spacing building near san carlos. it only occupies 125 sqm of land and it cost him around P4m to build in 2004. he will be happy to share his architectural and engineering plans to tiyo dodong in case we want to build something similar on our 136sqm pagina. this could be around P50k clean and stable cash flow a month, only at a cost of around P7m (adjusting for inflation and adding the P1.5m expense to buy the frontage and partition the lots). therefore annual cash flow ratio (50k(12months))/7m = 8.5% is very good cash flow ratio compared to pelaez which was only earning (50k(12months))/25m = 2.4%.

of course only a crazy person will administer this venture with an estate composed of 21 heirs. to simplify and give the heirs freedom to invest or not to invest in this pagina venture, DCCI can issue shares, around P500k each. any heir is free to buy DCCI shares as much as they want. the more shares you buy, the bigger your ownership of DCCI just like in the stock market. the proceeds will be used to buy the 136sqm from the estate at P3m and construct the bedspacing building, if DCCI chooses to pursue it. if DCCI chooses not to pursue the bedspacing project, it's pefectly fine because the P3m property can still grow in value and the shareholders can reap big rewards when a developer swoops in.

rent from bedspacing will be distributed quarterly or semi-annually to the shareholders through dividends.

example if 10 heirs want to buy 2 shares each of DCCI @ P500k/share, that totals P10m. and if we only spend P7m on the project, then the P3m will just be recorded as cash balance and it's up to the board whether to invest it in bonds or stock market to protect it from inflation. if the fund raising comes up short, i can fund the shortfall and become the biggest shareholder. corporations need to follow strict accounting rules. it's actually very easy to trace any accounting irregularity and any employee or officer of the corporation that violates the rules would easily be charged and sent to prison. this is actually strictly implemented in the philippines that's why corporations are popping up and flourishing all over the country.

the nice thing about this is that if an heir finds the pagina venture too risky, that heir simply will just refrain from buying the newly issued DCCI shares and just enjoy their money from the pagina sale. their share will be limited to the 48sqm compound entrance, which also means their voting power will be limited and their dividends will be smaller compared to the bigger shareholders. just like in any corporation.

then depending on DCCI performance on the pagina venture, DCCI can issue more shares to buy the mactan lot from the estate to do another bedspacing project. smart money will be attracted towards DCCI if pagina is successful because they know by that time DCCI now has the experience and knowledge, or has paid the "tuition fee" beginner mistakes. smart money likes to magnetize towards talent and expertise. big players might start coming in and DCCI can even buy munoz's M5 in the compound. in wall street lingua, that would be called "growth by acquisition". the pagina and mactan projects is called "organic growth" in wall street.

the great thing about a corporation is that shareholders only have the power to vote for chairman and board of directors, who will then appoint the president and other officers. after that the officers have autonomy and authority to make daily decisions without getting a scolding from the shareholders and only have to report quarterly instead of having to write long essays everyday trying to justify to the shareholders every little move and activity. example i'm a shareholder of facebook and i cannot scold mark Z for banning trump.

[edit] 2/16/21 update on pagina

i got the certified tax dec for the 18sqm water tank. i submitted it for the no improvement certification and they said they will just text when it's ready to be claimed.

i also learned that it would be almost impossible to sell our 193 sqm in pagina, and tia ika's 79sqm frontage house can never be sold. i consider this good news because it simplifies our decision and tia ika's family will always have a place to live. let me explain -

tito boy got the list of holdings of their father lolo sergio with only 1 entry - their 79sqm house (the frontage of our 193sqm). they don't own the lot. it's on lot 7877 but our 193sqm lot is 7878. i asked someone in the assessor's office to trace the owner of lot 7877 and turns out their house sits on a 400sqm L shaped lot owned by arsenio cabras who's children have also passed away. the surviving heir is mesquite which our family knows because she used to work for DCCI in butuan. so our 193sqm is trapped right behind an L shaped corner lot owned by a distant relative, and our frontage, which is tia ika's house, sits on a land they don't own. so selling the property is now out of the question. which is good news for me because that means i have less work to do. hehehe.

the entire 400sqm lot 7877 is occupied by squatters who are known to kill anyone who messes with them. i told tito boy, tita janna and tita heidi that they are lucky their neighbors are feared killers because there's less chance mesquite will claim the property and evict them for fear of retribution. however, if mesquite does manage to evict everyone on the lot at least the 193sqm lot we will be donating to them will serve as their sanctuary or assurance they will always have a place to live.

tomorrow i will consult our BIR assessor edith if an extrajudicial is still needed for their 79sqm house that sits on a lot owned by someone else. if it's needed, i will help them create the extrajudicial and pay their estate taxes (which should be very tiny considering the zonal values in 1976 were very low) so the house will now be under the name of all the siblings.

then i will host a meeting with all of the siblings. those in manila will join via video call. i will propose that we donate our 193sqm to the 3 single siblings (tita janna, tito boy, and tito bernard) and tita heidi who lives on the lot. i'm assuming other siblings are already well off with their own house and lots and children who are professionals or earn a good living. i will inform them that our 193sqm property has very small value because there is no frontage, meaning they won't be missing much if they are not included. but if any sibling wants to be included, we will just include him/her.

[edit] 2/15/21 misc updates

i talked to our BIR assessor edit sibayan she said the most important thing they look for in the extrajudicial is the "heirs left no debt" clause or the "rules of court rule 74 section 1" clause at the end of the extrajudicial. that means tito virgilio's request to remove it is not possible. she also said that the notary will inspect the titles and make sure there is no debt annotated and if there is, the notary won't notarize our extrajudicial. now i know why it's very expensive to notarize our extrajudicial. turns out the notary has to read all the encumbrances, which can have a lot of entries as in the case of our titles to make sure no debt is annotated and if the notary makes a mistake the notary could be sued or disbarred.

regarding the 48sqm compound entrance owned by DCCI, edith said she does not know the tax ramifications if we never keep the corporation up to date or the corporation is dissolved. but she advised to keep the corporation current. i was doing hiking exercise with atty mark and he advised me to look at the by laws of the corporation to see if there is something that says what will happen to the properties when the corporation is dissolved. i checked and it does not say anything. i will ask tita doris tomorrow to go to SEC and find out how much we need to pay and what we need to submit to keep DCCI current.

i accompanied tito boy crystal to assessors so they can get the list of holdings, tax decs and no improvements of their father don sergio (lolo's brother). i met lola ika who is now 101 years old but she was sleeping. i also requested a tax dec and no improvement for our 18sqm water tank and i will claim it 9:30 am tomorrow. i ate lunch with tito boy and he is very like lolo munding - very religious prayed before eating, although he is a mormon. he just ate 1 piece of the humba and took home the leftover. he kept thanking me and telling me "god bless" for helping them and wants to send his regards to all of lolo's children. turns out he used to work for tita jane and tito gerald in butuan where he maintained the trucks.

then i went to provincial assessor to get a list of holdings for aloginsan. the head assessor advised me to go directly to aloginsian and get a printout because it will take long for them to request and sometimes they don't know when the assessor of aloginsian will reply to them. and if we get a list of holdings from all municipalities, it can take months or even a year and it won't be complete.

i will go to aloginsan after lola laling is laid to rest. she passed away today. she is 99 years old.

[edit] 2/11/21 extrajudicial is not an option and various updates

as you read my updates, keep in mind the entire estate is now safe and with our current course, millions will soon be flowing in your bank accounts so we should all be happy.

contents:

I. 48 sqm compound entrance II. extrajudicial vs administratorship III. buildings not in extrajudicial IV. toledo 0623 (.4ha) V. toledo 01075 (2.2ha) VI. 18 sqm water tank VII. titling the main house in favor of tita georgia and tito mike


I. 48 sqm compound entrance

i'm so dumb. i was wondering why the 48 sqm compound entrance was not included by the BIR in the estate tax computation even if we have a title and tax dec. so i went to the the assessors office to find out. turns out the owner is DCCI. i'm such an idiot i never even bothered to read the tax dec and title. so i went to SEC to find out the status of DCCI and they told me DCCI still exists, we just need to pay some fines for not submitting a report annually. i asked their lawyer the ramifications if let's say 20 years from now we never submit a report and try to sell the property. she told me there's no ramification as far as SEC is concerned but she doesn't know about the BIR. so on monday (tomorrow is a holiday) i will go to BIR to ask. my suggestion is to revive DCCI, then when mambaling is sold, all heirs contribute to open a loto outlet and just distribute profits quarterly or semi-annually. we can use the wiki for accounting transparency and prevent accounting conflicts that happened in the past.

II. extrajudicial vs administratorship

i talked to the head of ROD, atty cugtas who told me there is no way we can do extrajudicial because our debt to Ang is annotated in the titles. he said atty george quimpo's claim that the annotation will just be carried over to our titles is wrong. instead of being angry at me, any heir who does not agree can go to the ROD to talk to atty cugtas or file a complaint in the ombudsman. i am just following the law to protect the estate.

tito virgilio asked us to remove the clause "3. That to the best of our knowledge and information of the parties hereto, the said deceased left no debts;" and "... pursuant to Section 1, Rule 74 of the Revised Rules of Court". tito virgilio is of course correct because obviously the estate owes salvador ang. this is probably why abigail told me to remove her name and tita luz's name from the extrajudicial because they might end up in jail. actually abigail is 100% correct. any heir who signs the extrajudicial with this clause is committing perjury and will be sued by Ang. that's why tito virgilio had it removed. we can't claim innocence or good faith because we battled Ang in court for years regarding this debt. but maybe the reason why atty mark put that there is because it's an essential part of all extrajudicials.

on monday, i will ask our BIR assessor edith if she will accept an extrajudicial without the "no debt" clause. i googled it and looks like it's the most important requirement - https://carpiodelacruzlawoffice.wordpress.com/2015/01/29/step-by-step-process-in-the-extra-judicial-settlement-of-estate/. if edith confirms this article is true that means there is no way we can do extrajudicial. that means we have no choice but to do administratorship.

we will add "the no debt" clause back but nobody will sign it. the BIR will just use it to compute our final estate tax that already includes all toledo lots, 18sqm water tank and possibly aloginsan. that way when the pelaez buyer gives the full payment, they already know how much to deduct, therefore there is no more excess and there is no more need to put a lien on one of our properties. this would resolve this very contentious issue that resulted in very high emotional reactions. that's why IT'S VERY IMPORTANT THAT WE CONTINUE TO WORK ON OUR EXTRAJUDICIAL even if it will only be used to let us know how much is our final estate tax.

if we don't file for administratorship, by law salvador ang can file and become the administrator of our estate. just imagine that. by law any claimant or creditor can become the administrator of an estate. atty balili saw atty ang's lawyers also filing for administratorship. they took pictures and showed it to me. that means Ang is on the move. we need to move faster in order to pre empt Ang's moves.

you know why Ang is filing for administratorship of our estate? because we literally told him to in court. it drove me crazy when i read the court documents. maybe i'm just missing something but why on earth would we want Ang to be our administrator? i just read it 2 days ago. on feb 8, atty tan received the finality of tito virgilio's counter claim against ang and sent them to me. i will post it later but when i read it the first paragraph says: "the plaintiff will just withdraw his complaint because he will just have to file for letters of administration AS THE HEIRS INSISTED". then ang goes on to say the reason why he didn't file for administratorship is because it takes time and he is already old and tired and he was hopeful the heirs will just negotiate with him because the eldest, rey crystal, who used to be the director of NEDA, was kind enough to assure him that the heirs will pay him once one of the properties is sold. but now, he will have to file for administratorship because the heirs want him to. i don't get it.

also note that even if we had a choice between extrajudicial and administratorship (which we don't), and we choose extrajudicial, after we create our perfect extrajudicial, where will we find money to pay for the estate tax? with administratorship, a buyer can stipulate in the contract that the buyer will pay for our estate taxes and full payment is due only when the administratorship is approved, where the buyer is confident the sale can be validated by a mere approval of the judge using common sense. with so many heirs living abroad, who hasn't yet given an SPA, no buyer would want to go through a very complicated and lengthy contract signing.

in yesterday's meeting, i was asked to inform the heirs which version of the extrajudicial i submitted to atty balili. it was the same as the latest extrajudicial i gave to tito virgilio. atty balili only used it as a reference in creating the list of estate properties in our petition for letters of administration.

tito virgilio asked me for the list of documents i submitted to the BIR. i don't remember what i submitted to the BIR, but since we already have the final computation for the first batch of holdings and are ready to pay (P6.5m), the only requirements we haven't submitted are those for toledo 4126 (32ha), 4127 (6ha), 4143 (10ha), 4129 (3.5ha), tax dec 01075 (2.2ha), 18 sqm water tank, and any aloguinsan property if any exists (i was planning to go to aloginsan next week, luckily tito virgilio told me i only need to go to the provincial assesors in capitol). as tito virgilio educated us in the meeting, there's 4 basic requirements:

1) list of holdings from each city or municipality 2) certified tax dec for each property 3) certified copy of the title for each titled property 4) certificate of improvement/no improvement for each property

III. buildings not in extrajudicial

tito virgilio pointed out in the meeting we need to add the buildings in the extrajudicial. atty cugtas also told me it does not matter if the buildings are in the extrajudicial or not, as long as the BIR gives us the CAR. so i asked our BIR assessor edith if we need to add the buildings in the extrajudicial. edith told me there is no need but it's ok if we add it. what's important is that sthe land is in the extrajudicial and we submit certified tax decs for the building which is what they use to compute our estate tax. the pelaez building and 2 buildings of the main house were already included in the onenet computation that i posted in our chat group and emailed to tito virgilio. that means i already submitted the requirements for the buildings. also note in tito virgilio's excel spreadsheet, the main house has 3 buildings and the tax dec numbers are all different from any of the 2 tax dec numbers in the BIR's onenet sheet.

i told edith i prefer we don't add the buildings in the extrajudicial because it's easier to have an idea how many properties we have if we only include the land. edith told me that to satisfy my preference, the buildings don't have to be a separate item number, we can just add "with improvement ...." after the technical description of the land.

IV. toledo tax dec 0623 (.4ha)

i also asked edith why our toledo tax dec 0623 (.4ha) is in the list of holdings but not in the computation. she told me it's because 0623 is just a revision of 0620. she pointed out to me both tax decs have the same lot #.

V. toledo tax dec 01075 (2.2ha)

i also asked edith why tax dec 01075 (2.2ha) is not in the computation. i showed her the certified tax dec. edith said she will add it to our computation and we will be issued a CAR for this property after paying the estate taxes because we have a certified tax dec. there is no lot number in the tax dec but the boundaries say it's bounded by ilag river on the west which means it's on the other side of the river where atlas mining is. meaning it could be rich in gold deposits. this is pretty big, around 150m X 150m or the size of 4 football fields. we should have this surveyed by engr norvic then setup a small scale mining operation. we can buy used equipments from the operators in mindanao that got closed down by duterte for improperly disposing poisonous mercury into the river. small scale mining is actually easy - https://youtu.be/Rmx_5MjwN5Q. i don't care about gold and money i just want to meet a beautiful tree hugger who will be protesting our mining operations. hehehehe

VI. 18 sqm water tank

tita doris just got the ctc of the title from ROD (title #18504). on monday i will go to assessors to have this declared so we can add it to the estate tax computation.

by the way, edith told me a VERY VERY VERY good news. she said the zonal values of the newly declared properties (including toledo 4126, 4127, 4143 and 4129) under lolo and lola will be at the time of death, even if they don't appear in the list of holdings during the time of death.

VII. titling the main house in favor of tita georgia and tito mike

the main house is already excluded in the motion for "sell and divide" properties. atty balili is creating a petition to assign it to tito mike and tita georgia which we will submit as soon as the administratorship is approved. only the administrator has to sign the petition. the petition will be published and all heirs will be notified of the hearing. there will only be 1 hearing. if there are no objections the judge will immidiately give a court order to title the main house in favor of tita georgia and tito mike. tita georgia and tito mike will need to pay 6% donor's tax. but as special administrator, i will request the estate to shoulder the 6% donor's tax since it was lola and lolo who paid for all the taxes of the other heirs.

i asked atty balili if we still need to make a deed of assignment. he said it's unnecessary or it will be overkill.

even if there is an objection, which i'm 100% sure there isn't, the judge decides using COMMON SENSE. tita georgia and tito mike has overwhelming evidence - they just need to show all other heirs were already given a house in the compound, and anyone who objects will need to show a property in the compound under tito mike or tita georgia's name. besides, them being the youngest and second to the youngest is very strong evidence that they simply were not included in the "original family planning". hahahaha. accident ra diay sila. the electrical bills or proof tita georgia resided there for the past many years would also solidify the evidence.

but i like overkill. let's create the deed of assignment anyway, also as a symbolic gesture. just 2 copies. tito mike, print 2 copies of the deed of assignment i sent a while ago. i will resend you a copy if you can't find it. have it notarized and apostilled. then DHL it to christian who will also sign and notarize (also sign for abigail and tita luz). then christian will JRS express it to tita angie (siquijor don't have LBC) for her to sign and notarize, then tita angie will JRS it to cebu for everyone in cebu to sign and notarize.


[edit] 2/10/21 why administratorship is necessary

in response to tito virgilio's protest towards our filing for administratorhip:

for everyone to understand why i filed for administratorship, there are many details that needs to be fully understood. the estate is easily worth P200m or P20m each in your pocket so there's no reason why you can't spend time to listen and try to understand all the details. i can keep it short by just giving factual statements but it's obvious based on the numerous unecessary conflicts i need to explain and prove my statements for everyone to understand. if you trust me, like you trust atty balili then i can just tell you the facts. if you don't want to listen to all the details, just read what tito virgilio advised us to read - rules of court rule 74 section 1. which states that we can only do extrajudicial if the decedent left no will and no debts. but because ang estate duna utang ni salvador ang, we need to secure "letters of administration".

here are all the details:

when i first got involved, we were collecting the estate tax requirements, atty cugtas the head of ROD told atty mark's runner, ngano nag extrajudicial man na si ian duna mana sila utang ni salvador ang. i was surprised and shocked why atty cugtas knows our situation with Ang, i suspected maybe Ang has been trying to bribe the ROD to issue him titles of our property, after all he has deed of sales for our properties. luckily for us ROD cannot issue titles to Ang because atty tan put a lis pendense on our properties to prevent Ang from titling them under his name. so 100% safe ato properties from Ang, but if i inform the heirs it will just cause unecessary stress which is dangerous to our health.

i consulted atty mark who told me cugtas is right we need to do administratorship (judicial partitioning with prayer for administratorship). but my only concern was to beat the amnesty deadline, so i asked atty mark if we can still pay the estate taxes through the extrajudicial. atty mark said yes but ma istankar gihapon ta inig abot sa ROD and we still need to do administratorship so doble na ato gasto. mo bayad ta ug P250k niya plus ang pag pa notaryo dako kaayo kay percentage mana sa value sa estate (which we now learn is P400k, ug hangyo pa gyud na kay amigo ni tito jojo ang notary). then ang administorship will cost around P1.5 million. but since administratorship can take a long time to be approved and we are trying to beat the amnesty deadline, i thought bahala na na ang gasto sa extrajudicial it's still small compared to the interest and penalties sa estate tax. it's just a no brainer.

at that time, i had no idea how much is our estate tax. i wanted to get the official number so at least we can start preparing the funds maybe get a loan from the bank or sell one of my properties in america. if i don't know the official number i wouldn't know which properties to sell or how much to withdraw from my IRA. it's also the reason why my house in vegas which was appraised at P215k, i hastily sold it for only P135k just so that we have money for the estate taxes. that's why i distributed the loan agreements but nobody signed it so that's when i realized selling a property is our only hope to beat the amnesty deadline.

i already approached many lawyers to help us with administratorship, but they all declined saying they are too busy and it's very tedious. but i didn't really worry about administratorship at that time because beating the amnesty deadline was my only concern.

then i realized that even if we have a buyer for a property, we still can't beat the amnesty deadline if not all heirs will sign. when atty balili first approached me about their interest to buy pelaez, i told him we can only sell pelaez if we do administratorship because some heirs cannot be contacted and we are not sure if those in the states will give an SPA, especially tita luz and abigail, who got scared and told me to remove their names from the extrajudicial because they don't want to end up in jail. that's when i was convinced that if we don't do administratorship soon, we are all toast. i knew from the start we have to do administratorship, but i didn't know it was necessary to beat the amnesty deadline.

i tried to tempt atty balili we will give him 5% broker's comission from pelaez on top of the lawyers fee for aministratorship. but he still declined.

when the buyer scheduled a meeting, i jumped on the opportunity. i rounded up all the kids in the compound asked them to dress up poor or luoy, because i play golf with these captains of industry i know although they can be very sensitive and easily offended because of their high ego, dali pud na sila maluoy ug tawo, labi na kung ang tao taas kaayo ug respeto nila. helping others is part of the ego trip, it's like bragging rights. when a person has all the money they need in the world what comes next is the desire to save the world.

the buyer was also interested in another property and with all the problems in our family, our only hope is maluoy ang buyer nato ug mo go out of his way or mo sacrifice para ma tabangan ta. luckily my plan worked, and the buyer instructed atty balili to help us with administratorship.

that's why we are very very very very very very lucky na file na ang administratorship.

our only problem now is toledo. if we are not given the tax decs of 4126, 4127 and 4143 before the amnesty deadline, we are toast !!! luckily, this morning I RECEIVED A TEXT FROM TOLEDO ASSESSORS SAYING THEY HAVE STARTED PROCESSING OUR TAX DECS. and it looks like they are not just tax decs with other declarants (just so we can beat the amnesty deadlines), but from the text it looks like THEY ARE REMOVING THE OTHER DECLARANTS AND GIVING US CLEAN TAX DECS. we should all be celebrating. for the first time, we can say, THE ENTIRE ESTATE IS SAFE. there is still lots of work that need to be done, but there are no more show stoppers.

i hope this is the last time i have to write a very long essay.

[edit] 2/5/21 forget the CARPed 27ha of toledo

looks like we should just forget about the CARPed 27ha. today, DAR told me landbank can only start assessing our payout after DAR submits the documentation folder, which should contain a certification from LRA (Land Registration Authority) that our lot does not overlap the neighboring lots. DAR has been requesting this certification from LRA since 2012 and they have no idea when they will ever get it. LRA claims our 4126 has a pending case (T-215) and that they can only process unititled lots if there is a court order (note 4126 is untitled becasue it's forest timberland). i told the DAR person maybe the delay is good for us because the zonal value keeps increasing. she said unfortunately for us, the zonal value land bank will use is 1972 and based on her experience on properties similar to ours, we will only get P1k per 4ha. hahahaha !!! so our 27ha will only get P7k. PATAY !!! however she said there is an adjucation board where we can request a hearing for a bigger payout. she told me she has no idea on the possible increase of payouts that usually comes out of those hearings. i asked about the 18 degree slope exemption and she told me because we received an OLT (Operation Land Transfer) and not an NOC (Notice of Coverage), the 18 degree slope exemption only applies to lands that are not producing crops, and most likely when we got the OLT in 1989, 4126 was a corn land.

i read the letter from DAR to atty camiso dated 2014, and sounds like the DAR person i talked to today was right. under OLT, our 4126 is not subject to acquisition by the government but transfer of ownership of land to the tillers. looks like 4126 was not covered under cory's land reform law, but the 1972 presidential decree of marcos. the letter also says the reason why landbank assessment is put on hold is because of the pending case T-215, that's why they are requesting atty camiso to furnish them with the status of the case.

i expected this day would come. that's why a year ago, i wrote this message to the heirs (and posted in our wiki), explaining why it should be ok if we fail to recover our 27ha:

1) moral reason: those lands originally belonged to the native inhabitants. the spaniards came and stole it away from them. the natives were then oppressed and subjugated for the next 400 years. so we basically bought stolen property. yes we are also partially descendants of natives and that's why we still have 59ha. we should actually feel lucky we still have 59ha. however, note that this moral argument does not apply to city properties because the astronomical rise of city properties was because of the expertise and risks taken by non native engineers, capitalists and developers.

2) security reasons: since the prospect of selling toledo is bleak, the next best option is to subdivide it among the heirs and make use of it. if we successfully take back the CARPed properties, none of use will be able to go to toledo without being killed. they could even come down to guadalupe to carry out their revenge. the caveat to this argument is that 4143 (10ha) is now officially ours and there are lots of claimers (squatters) which we still need to deal with.

[edit] 2/5/21 investment advise

a friend was asking me for advice and i want to share what i told him:

1) the purchasing power of money gets cut in half every 10 years because of inflation. so even if you don't spend your P20 million inheritance, you will be back to being poor in 20 years.

2) you should condition your mind and accept that getting P20 million inheritance can SUSTAINABLY improve your lifestyle ONLY BY A LITTLE. the good news is P20 million can improve your ECONOMIC SECURITY and economic security of your kids and grand kids BY A LOT if you invest with DISCIPLINE.

3) a stable investment, such as townhouse rental, is only P10k a month per P2 million. P10k is just 2 family dinners at choobi choobi. P2m might sound big, but all it should do is enable your family to eat at choobi choobi twice a month.

4) the lower the cost of rent, the more stable the cash flow. example if you have P6 million, instead of buying a P6 million townhouse and renting it for P30k a month, buy 3 units of DECA homes worth P2 million each and rent them for only P10k a month each. maybe there are townhouses for sale at deep discounts because of the pandemic, but maybe there is a special place in hell for pandemic profiteers so be involved in charity to avoid angering the Big Guy upstairs.

5) prenda a title only to save a life, such as life saving medical emergency. do not prenda even if maputlan na mo ug kuryente. suffering from no electricity is a blessing in disguise because it forces you to change your bad habits.

violate any of my 5 rules, and everyone will be laughing at you and mocking your family when you are back to being poor in just 10 years.

also note the difference between spending and investing. when i bought my townhouse, it was P3m and i rented it out for P15k/a month. my aunt who is suppose to be very educated considering she is an architect, asked me why i bought the townhouse when it will take me 16 years to get my money back. i was shocked and realized that many highly educated people lack basic and very important investment knowledge. i told her i already got my money back the day after i bought my townhouse. because i can sell it for around the same price the next day. after 10 years, the price of the townhouse can easily double, in addition to the P1.8m in rent i already enjoyed. so in 10 years, i can easily get P4.8m in profit, or my money grew from P3m to P7.8m in just 10 years.

[edit] 2/2/21 toledo trip report

just got back from toledo. i submitted the certified court orders and letter requesting the tax decs. tita angie, ang phone number sa husband sa imo office mate is, 0945-082-2560, name stephen. coincidentally, he is also the one who will be reviewing our court orders and probably making the decision. let's follow up after a week, maybe friday next week. they might be offended if we follow up too early.

i forgot to tell you there's something very interesting i noticed the first time i met barcenas the head assessor last week. when he knew who i was he took out a thick folder containing our files from a small steel cabinet beside his table. it was the only steel cabinet in the office. he did not get it from the records section in another room. that means our case is important enough to him to keep our files in his office together with only a few other files. i don't know if it's good or bad, it just very interesting. sometimes it's important to notice these details as we navigate through the treacherous beaurocratic jungle.

i met the DENR CENRO inspector for our land classification of our 4126. i wasn't able to contact maldo and nobody living in our 4130-prt lot (along the national road) knows where maldo lives. his phone won't even ring. i texted him but no reply. the inspector had no idea how to locate our lot based on the sketch maps i had. so i told the inspector once i contact maldo, i will ask him to call you para siya na mo guide nimo. i also told the inspector that if the inpection is not purely technical or fact based, meaning there is room for subjective opinion, just let me how we can help so that we can get highest possible land classification, like agro industrial, considering 1/3 of our land is already classified as mining in the CLUP. wink !!! wink !!! note i have no idea how this classification will be of help to us. i'm doing this just in case it might help us in asking for a higher payout from landbank for our CARPed 27ha or from the 3ha TRANSCO used for the powerline towers.

i stopped by atty balili's office to submit some requirements for administratorship and told him i already submitted the certified court orders and request letter to the toledo assessor. atty balili told me he is happy because what i'm doing will lessen their workload. i told him not to hesitate to ask me to do errands.

[edit] 2/1/21 THE ENTIRE ESTATE IS NOW SAFE

there is nothing to worry anymore. the entire estate is now safe. there's just lots of legwork that needs to be done.

this is my analysis of contract to sell and MOA (memorandum of agreement).

the first big item is the agreement to file for administratorship. this is an absolute requirement for the buyer because it gives the buyer confidence that we would have the authority to sell even if not all heirs agree to sell. administratorship is also very advantageous to us because most likely the judge will just order atty tan to accept around P3m instead of the P49m mactan lot and P6m main house front lawn. the judge will also order the toledo assessor to give us the clean tax decs for all our toledo lots. the judge will also order salvador ang to accept P6.5m and give us the title.

the contract says the only expense we shoulder is transfer tax, which is 50% of 1% or P125k. this is consistent with their LOI and note the buyer mentioned in the LOI that their offer was non negotiable which means we are not breaking protocol by not bothering with a counter offer and besides, the appraisal is P21m which means P25m net is super amazing. the buyer is practically giving us P80 million, not P25 million. because by purchasing our property, he is saving us P56.5m in estate taxes.

also, the buyer is withholding the money for the estate taxes and payment to Ang because if he gives it to us and we use it for something else he is screwed. but what if the buyer will not use the money to pay Ang or the estate tax? the buyer will be forced to pay Ang and pay the estate tax or else he can't have it tiled and he can't use the property because building permits require a title to be under the name of the building owner. he will be violating the contract which means the P14m is ours pelaez still belongs to us.

and of course the buyer has to stipulate that any excess above the current estate tax computation and payment to Ang, WE THE BUYER WILL PAY IT but we will have to pay them back. they have to be the one to pay it because if we don't then he can't have it titled and he can't use the property.

P4.5m estate tax is their estimate after the 3 family homes deduction, but for sure it will be larger than that after we add the 52ha of toledo. it will probably increase by 2 to 3 million. where will we get the money? how will we beat the amnesty deadline? the beauty of this contract is the buyer will pay for it but just put a lien to make sure we pay them back after the sale of our next property.

there's a possible problem here. what if Ang and the buyer will collude to make our payment, let's say P10m instead of P6.5m? the beauty with the contract is that it stipulates that the maximum payment has to be the amount that the court decides in the finality of Ang's collection case: R-LLP-17-01056-CV. why won't the contract just fix the amount that is stated in the decision? because for a court decision to be final, there has to be a finality, and there is no finality yet. the finality might include the interest since the case was decided in 2016, so at 6%, the worse case scenario is P6.5m + P1.17m interest. and this is another reason why we should go into administratorship. the court can issue a finality and summon ang to surrender the title or else he will be arrested.

what if the buyer will just retrieve the pelaez titles and forget about our other titles? they can't because the contract states the buyer will also have to retrieve the other titles included in the case. what if the buyer won't give us the other titles? they know atty tan will rain hell on them because they know atty tan has a claim to the mactain title. i made sure they know this since the beginning to warn them that screwing us would also be screwing the powerful soza firm. also, once they get the pelaez title, they still need our cooperation. they need us to submit the CAR from BIR to ROD for the buyer to have it titled under his name. if they don't retrieve the other titles, they breached the contract and we have the right to refuse to cooperate for their titling. in fact it's actually the buyer who is worried we might not cooperate in retrieving the titles from Ang, that's why the contract also stipulates that we the seller have to cooperate if Ang destroyes the titles or gives the buyer difficulties.

the contract also says if the buyer is able to get all the titles for less than P6.5m, the buyer pockets the difference. i understand some of you might not like this. i suspect the buyer will give it to the his lawyer atty balili as an incentive or gift for serving him well. after 50 years in this earth, i learned (not just from game of thrones) that the easiest way to succeed is to be generous to talent because once you earn loyalty from someone as sharp and talented as atty balili, success comes very easy and the rewards will be greater. that is the silicon valley way and the reason why miracles such as the iphone and google can happen in silicon valley.

personally, i want atty balili to pocket the difference if he finds a way to lower the payment. this will make him like us and be more helpful to us in the future. unlike other lawyers who takes forever just to reply to my simple but very important questions, which really pisses me off. that's why i feel like i'm living in the twilight zone because atty balili always replies my text and email and i can talk to him anytime i want.

notice the 5% broker comission is not in the contract. during our first meeting, i asked atty balili to help us with our administratorship petition but he declined saying it's very tedious. i promised him we will give him the 5% commission out of our own pockets if he works on our administratorship. but of course this will be on top of the standard lawyer fee for administratorship filing. i have no idea how we will pay him his 5% comission. i will ask him when the day comes. i guess the heirs will give him the 5% / 9 after we cash the checks. or maybe the aministratorship has a way to simplify this transaction, together with the P2m that estate owes me.

i also don't mind if the court decides that we pay Ang P7.67m instead of P6.5m because Ang made us rich. we pay Ang P7.67m but Ang practically put P50m in our pockets by holding the titles so we cannot sell it. ANG FORCED US TO RIDE THE LONGEST AND STRONGEST REAL ESTATE BULL MARKET the whole way through. if Ang also held my shares of google, apple, and netflix, i would be a billionaire by now. SO THANKS MR. ANG !!! without you, we would have sold all the properties 20 years ago at a very cheap price and all the money would have been gone by now. another example that everything happens for a reason and we should just trust and thank the Lord.

i really hope the heirs will be thankful and happy with what's going on instead of being angry and suspicious at everyone. life is a waste if you can't be just happy with your blessings. LET'S DO THIS !!!

one more thing. when the buyer gives us the full payment:

1) each heir will need to give their share of 3% to tita doris. as we agreed. so if you are a direct heir, you need to give P83k to tita doris, cash or manager's check (mc cost only P50). tita doris happily volunteered to give P375 to the agent who was the first to approach the Lao group so that tito jojo won't be affected politically. if we help and trust each other like what tita doris did, it will be quicker and easier to accomplish our goals. and lastly

2) each heir will also need to give their share of my P2m expenses as listed in the loan agreement that i'm letting everyone sign. if you are a direct heir, you need to give me P223k.

3) each heir will also need to give their share of the 5% or P1.25m comission to atty balili. if you are a direct heir, it would be P139k.

that means if you are a direct heir, all in all you will pocket P14m/9 - P83k - P223k - P139k = P1.11m

however, maybe there is away to simplify these transactions under administratorship. but in the end, each direct heir would be receiving P1.11m from the pelaez sale.

[edit] 1/28/21 more good news on toledo

more good news on toledo. the assessor gave us a clean tax dec for 4129 (3ha), and it now appears in the list of holdings of lolo (but not lola). i also got the cert of improvement, where it says it has a building owned by alejandro pantonial (not sure how it will affect our estate tax). our only problem now is 4143(10h), 4126(32ha) and 4127(6ha). they asked me to have my copies of the decisions and court orders certified then submit it to them together with a letter for what we are requesting.

The list of holdings of lolo also has a 2.2ha (tax dec 1075) but the tax dec has no lot #. anybody know what this is? there's also an additional .4ha in lot 3820 (tax dec 623) that is not in our extrajudicial. what's weird is the boundaries are name of persons. however another .4ha, also in lot 3820 (tax dec 620) is included in our extrajudicial. the boundaries are lot #'s so i can't really tell if they are the same lots. i will talk to our BIR assessor about this.

by the way i notice that although lot 3817 is only 1,224 sqm, it's declared as residential. that means it's just as valuable as the other big lots which are only agricultural.

turns out the guy in the assessors office who was very helpful to me knows tita angie because his wife and tita angie used to be office mates in DTI. he even knows tita angie is now the manager in DTI siquijor. that means tita angie should write the letter, using the DTI letter head if that's ethical. i will just write a rough draft so tita angie knows what to put in the letter. barcenas also seems like a cool guy. on his way out of the office he pretended his umbrella was a gun and started shooting his employees but nobody paid attention to him. when he passed by me we fist bumped. i gave him my number and told him to give me a call whenever he is in cebu city so i can ask more questions regarding the requirements. wink wink !!!

when i got done at the assessor's it was already 5pm so i decided to head home. i called the toledo court clerk who i already became friends with the last time i got the court documents. sometimes, relationships are just as important as court orders. i got worried because for me it's common sense that they won't just certify the copies i have, they have to dig up their copy to compare it in case i doctored my copy, and last time it took them a month to dig it up from their bodega. then it rained very hard, so i told the court clerk maybe they will wait for the rain to stop before going home so i asked if i can just go there to have my court docs certified. she said yes they will wait for me anyway it's raining. so i sped to the court which was 10 minutes away, my 30 year old sentra cutting through the 2 feet floods, splashing the tricycle drivers who were shouting at me in anger.

amazingly, the court clerk certified my copies in less than 5 minutes. i'm not even sure if they bothered to dig up their copy. it was the 2006 court order and finality (t-381). however the 2014 court order directing the assessor to give us tax decs, is case r-1666, also the decision that mentions the supreme court resolution declaring lola and lola as owners. and r-1666 is rtc 14 in quimoda cebu city (reclamation). so i will go there first thing tomorrow morning, let's hope it won't take that long for them to certify. if it's instant like in toledo, i will go to toledo after if i still have time. so tita angie try to send me the letter tomorrow morning if you can. if it's ok with you just cut and paste what i will write below. the nice thing with your scanned letters is it's colored so your signature looks original even if i just printed it.

driving home, i thought of a contingency or backup plan. we should never rest on our laurels. i will talk to our BIR assessor (edith) and find out if she can give us a huge compromise on our toledo 48ha in case we can't beat the amnesty deadline. i understand edith cannot violate policies or strict procedures like requiring tax decs because they could be sued as it could potentially harm or cause a loss to the individuals who have the tax decs. but note that the compromise part of the computation is their personal discretion, and there is no danger because no individuals are affected. maybe if i show her our court documents, she will understand that it's not our fault we don't have the tax decs and she will give us a huge compromise, maybe the same as the amnesty computation or close to it.

driving home, atty justtine of atup law office called to tell me he just emailed their proposal. i thought they forgot about us because i've emailed them twice 2 weeks ago with no reply. their no reply threw me into a panick mode that's why i started reading the court documents and attempting to do it myself. note that i'm already about to accomplish the most critical part of the job that they are suppose to do, which is to get the tax decs so we can beat the amnesty deadline.

i just read their proposal and holy cow it actually looks too good to be true. only P100k for:

1) recovering 4143(10ha), which is already titled under many different people. although atty guanzon who is the head of DAR legal told me we will surely win because DAR clearly made a mistake, i think it's still a lot of work. also i posted in our chat group last october that i googled the typical contingency fee and it's 30% of the recovered property so i expected to give 3ha to atup, and at P150/sqm that's a whopping P4.5m !!! hahahaha. i'm such an idiot !!! i didn't know there's a supreme court resolution delcaring lolo and lola as owners so it's really just a walk in the park, unlike what the atty tan did for us which was a miracle because lola signed the deed of sale to Ang.

2) clean tax decs for all lots (4143(10ha), 4126(32ha), 4127(6ha)) (note i already took care of 4129(3ha)). note because the 2006 order is already dead (past 10 years), we need to file a new case. also note the tax decs the assessors will be giving me to allow us to beat the amnesty deadline will have an annotation that the property is also declared under another person so it's not clean.

3) titling of 4143(10ha), 4126(32ha) and 4127(6ha). this is a big one which makes the proposal too good to be true. they probably don't know that 4126 and 4127 is forest timberland which cannot be titled. they also probably don't know that the 2006 court order to title 4143 cannot be carried out because the court order actually says - cancel the title owned by pelagia ocang and issue a new one in our favor. but the title is already not owned by ocang so they can't carry out the order. we need a new court order that cancels the existing first before giving us the new title.

4) notary. the value of our toledo 52ha is roughly the same as the total of the other properties (maybe even more), where the cheapest notary we found was P400k. so this P100k proposal is a steal.

i will write this reply to atty hong (atup's associate):


Dear Atty Hong,

Thank you for your proposal. The way I understand it, I like the proposal very much. Before I discucss it with the heirs, i have a few questions to clarify some details. I will call you to talk about it but I will ask my questions here ahead of time for efficiency:

Does it include the recovery of 4143(10ha) or reconveyance of the titles? Note there are already titles given by DAR to many beneficiaries. Although the head of legal department of DAR, Atty Guanzon, told me it should be easy to recover because DAR clearly made a mistake by giving out the titles before the court case concluded.

I talked to the head of ROD, Atty Ouano, and he told me they can't give us titles for 4126 and 4127 because the court order says to cancel the title of Pelagia Ocang and issue new titles in our favor. However, 4126 and 4127 never had titles, maybe because it's forest timberland. I got the CLUP from tax mapping and it says forest timberland. Last week, I had Toledo CENRO classify it, and they told me I should be getting it in 2 weeks. Although I really have no idea how the classification from CENRO can help. I just got it in case it will come in handy later on. However, if titling 4126 and 4127 can be done, that would be so awesome because 3ha was used by TRANSCO for the powerline towers and they can only pay us if we have a title (maybe because it would mean it's not imminent domain or forest timberland).

However, we will be very happy if we can get clean tax decs for 4143, 4126 and 4127 because the assessor never gave it to us despite the court orders and repeated attempts, which caused the court orders to expire. According to Atty Justtine, we might need to revive or file a new case. Is filing a new case or reviving the case still part of your proposal? Or will you be giving us a different proposal if we will need to revive or file a new case?

By the way, you can cross out 4129 (3ha) from the proposal because the assessor's office already gave me the tax dec and we already have a title.

The assessor told me they can give me tax decs for 4126, 4127 and 4143 just so the BIR will allow us to pay the estate taxes, but the tax decs will have an annotation saying it's also declared under a different person. The assessor asked me to submit a certified copy of the 2006 court order and finality (t-381), which i already got. They also asked for the certified copy of the decision and court order of r-1666, so i will go to rtc-14 tomorrow to have my copies certified. Once I get the tax decs, it's just a matter of giving it to the BIR because we already have a version of our extrajudicial that contains all Toledo properties prepared by Atty Mark Tolentino. I also have a computation from our BIR assessor that includes all our Toledo properties. Hopefully the assessor will give us the tax decs. But if not, it's nice to know you will be able to help us.

I will also try to ask our BIR assessor if she can give us a big compromise in case we can't beat the amnesty deadline for our toledo properties. I will show her the court documents and let her know it's not our fault if we can't beat the amnesty deadline because the assessor never gave us tax decs despite the court orders.

As I informed Atty Justtine, our number 1 priority is to beat the estate tax amnesty deadline. After that we can work on the titling and getting the clean tax decs (no "also declared ... annotated). Correct me if I'm wrong, but I think we should hold off on filing any case until the assessor gives us the "dirty" tax decs that allows us to already pay the estate taxes to avoid "rocking the boat".

Sincerely, Ian Crystal


tita angie's letter to the assessor:


Dear Mr. Barcenas,

In behalf of the heirs of my late parents Raymundo and Desamparados Crystal, I would like to thank you for assisting my nephew Ian Crystal getting a tax declaration for lot 4129. However, we also need tax declarations for lots 4143, 4126 and 4127 so we can pay the estate taxes before the amnesty expires.

As your office requested, I am including the certified copies of the 2006 court decision and finality for case T-381, and the decision and 2004 court order of case R-1666. All we need at this moment are tax declarations that would allow us to pay the estate taxes, even if they contain annotations stating the properites are also declared under a different person.

Hoping for your kind consideration.

Sincerely,


Angeline Pauline C. Gonzalez

[edit] 1/27/21 toledo is saved !!!

very good news !!! toledo is about to be saved !!! there is now a very high chance we can pay the estate taxes of the remaining 52ha of toledo before the amnesty deadline.

i talked to atty ouano, the ROD head of toledo. turns out they already carried out the court order. the order was to cancel the titles of pelagia ocang and give us new titles. they carried out the court order, except the title for lot 4143 (10ha) was not under the name of ocang anymore because before the case concluded, the title was already under PNB (maybe ocang mortgaged it and did not pay), and maybe after PNB knew ocang had no chance of winning because of the supreme court resolution delcaring it's lolo's property, PNB donated it to DAR, and DAR donated it to the farmers (note 4143 has nothing to do with CARP). as i've already said before, the good news is that the head of DAR legal department, atty guanzon, already reviewed our court documents and told me DAR made a mistake and if we hire a lawyer to reconvey the titles to us, we should easily win the case. this is what we hired atty atup to do. the bottom line is that the court order says to cancel the title under the name of ocang, and because the title for 4143 is not under ocang's name anymore, ROD cannot carry out the order.

also, 4126 (60ha - 27h(carped)) and 4127 (6ha) never had titles because it's forest timberland, which means it can't be titled, which also means ROD will be violating the law if they give us a title. (that's why i'm working with DENR CENRO to have it re-classified so hopefully we can get a bigger payout from TRANSCO on the 3h they used for the towers.)

so ROD did it's job. but note TITLES ARE USELESS TO THE BIR because we can only pay the estate tax if we have a tax dec. in fact ROD gave us a title to our 3ha 4129 and we still can't include it in the extrajudicial because the assessor won't give us a tax dec.

to beat the amnesty deadline, we need tax decs for 4129 (3ha), 4126 (27ha), 4127 (6ha) and 4130 (10ha). so i talked to the head assessor, barcenas. i showed him the 2014 court order directing the assessor to give us the tax decs. he told me he already saw the order many times before and he already told us before that it's not clear, or it's incomplete, and all we have to do is to tell the judge to issue a new order that is clearer. he told us that the judge will immediately know what he is talking about if he sees the court order. so tita georgia went to the court clerk who probably reviewed our court documentSSSSS and told tita georgia the orderSSSSS are already very clear so they don't need to revise it.

as it turns out both barcenas and the court clerk were right. how could that be? the clue lies in the singular word used by barcenas - ORDER, and the plural word used by the court clerk - ORDERSSSSSSS. luckily, i brought all the court documents and when barcenas saw the 2006 court order, he shouted, "oy !!! naa raman diay ni. kung gipa kita ni ninyo nako sa una, ge tagaan ta dayun tamo ug tax decs sa tanan ninyong yuta !!!". so i told him that means he should give us the tax decs now. then he said he can't because the order is already past 10 years so the court order is already dead and he will be violating the law if he carries out a dead court order. he told me we need to file a new case but it's ok because we will surely win because of the supreme court resolution declaring lolo as the owner. then i told him, even if we win the case, it would be useless because if we don't beat the amnesty deadline, our estate tax will be the same as the value of the properties so we practically lost our entire 52ha. i told him, we don't care about ownership for now, we just need a document, maybe a letter from the assessor to the BIR, so the BIR will allow us to pay the estate taxes.

barcenas told me he could give us a tax dec under lolo's name, but he will just annotate in our tax dec that the property is declared under another owner and the case is still ongoing. that way he is not violating the law by giving us ownership without a court order, but at the same time, we can pay the estate taxes. YIPEEEEEEEEEEEEEEEEEEEEEEEEEEEEE !!! problem solved !!! we just saved our 52ha, which at P150/sqm, is around P78 million

barcenas told me that for lot 4129 (3ha) he can already give me a clean tax dec in lolo's name i just need to give him the certified tct from ROD. he says it's better if they process everything in one shot. but i forgot to bring it so he told me to come back thursday because he will be out of the office wednesday (today). then i went to our insider, victor padilla, who does the processing, and he assured me he will put aside everything so he can process our tax decs as fast as possible.

[edit] 1/25/21 meeting with the buyer

the social event with the buyer today went spectacularly well. there is now a very good chance we can beat the amnesty deadline. tita georgia is our hero for being the first to find the buyer. there's also hope for toledo and mambaling. i should be celebrating but i feel sad and depressed because i caused pain to tita jane and tita georgia by not postponing the meeting. i just thought postponing might offend the buyer and we should be doing all we can to please the buyer because if we don't find any other buyer, then we miss the amnesty deadline. i hope one day they will realize what i did was for their own good and will forgive me.

i rounded up everyone in the compound including all the kids and brought them to meeting. the buyer was having so much fun and amused by the crystal "urchins". he was just laughing and joking. the social event actually was very long because he talked to all of us. he was very interested to know about our lives and our story.

i told the buyer i don't have the authority to make any negotiation, but my only worry is he might lose patience and buy a different property because it might take time for some heirs to decide. he told us actually there is a property also in ramos that he prefers, but he wants to help us and assured us he will buy our property even if it will take time for some heirs to decide. PRAISE THE LORD !!! that's all i wanted to hear from him.

i suggested we continue to negotiate, i will meet with the heirs to do a counter offer and hopefully we can reach an agreement. he said his offer in the LOI is final, but if it helps the other heirs make up their minds, we should continue to negotiate with atty balili.

i then told the buyer our big problem that if we can't beat the amnesty deadline, we won't be able to sell the property. the lawyer then showed the buyer my certificate of redemption of pelaez, and suggested that if a week before the amnesty deadline, not all heirs have decided or agreed to sell pelaez, then the buyer will pay for our amnesty taxes and then we file for judicial partitioning because for sure pelaez will go to me. at least at that point all properties are already safe and we have time to wait for the appraisals and partitioning. then when the property belongs to me, i have full power and authority to sell to them.

then the buyer asked me why don't i just force a judicial partitioning now because any heir can force a judicial partitioning? i told the buyer because i don't want my dear aunts and uncles to worry or be stressed out that i might not share the proceeds of the sale with them. we will only do judicial partitioning AS THE LAST RESORT. the buyer was shocked and surprised and told me i just proved to him i'm a good man who can be trusted.

after the meeting i went to atty gines for an update on the mambaling right of way. he was not in the office but the agent joy called me that the buyer is willing to buy the 94sqm road right of way again from the dela cernas. if that happens then mambaling will finaly be sold. i coached joy to tell the buyer to scare the dela cernas that there is a big chance the crystals will win in court because there is a certified notary entry. tell the dela cernas the only reason why the buyer wants to buy again the right of way is because there are many other intersested buyers just waiting for the title to be annotated and buying the right of way assures the buyer they will get the property. but if dela cernas refuse and the crystals win, then they can end up with ZERO.

i also went to the BIR and showed them the powerful court documents that proves our ownership. i begged and pleaded to them to allow us to pay the estate tax but they said it's technically impossible. papa advised me to talk to my golfing buddy atty cugtas who is the head of ROD. atty cugtas told me to go to toledo ROD, have the court documents reviewed by atty velayo and atty ouano then tell them to call him about the status so he will know what to do do help us. so tomorrow i will be going to toledo to try save our P150m property. wish me luck and i sincerely apologize for going my way and not meeting with the heirs to ask for their authority to make these decisions.

it's very normal and expected that tita jane and tita georgia is angry at me. their desire to control is the reason why they are very successful in life and have wonderful families. i have no desire to control that's why i'm just a lonely loser. God gave us different strengths for our roles and purpose in his grand plan. the desire to control is a very important trait to become a good teacher, mother, doctor, accountant, bank employee, etc ... but it can cause you to feel bad if you don't know how and when to turn it on and off. in most situations in life, you just need to learn and follow. but there are many situations in life when the desire to control can cause you to fail and be unhappy. example is the cruel nasty world of resolving property issues. that's why papa entrusted everything to me despite his knowledge and technical expertise. tita angie finished law school and has a Phd but entrusted everything to Magz who sharpened his instincts competing in very dangerous MMA fighting, rock climbing and cruel world of politics. i hope tita jane will just let geraldine or joe handle everything and tita georgia will just let tito jojo handle everything.

the desire to control is like a drug. drugs can cure illness and save lives, but if used at the wrong situation it can backfire and ruin your happiness. a drug addict will feel pain if they can't do drugs even if they know it's the right thing to do and make them happier in the long run. tita jane and tita georgia felt pain when they were not able to control me, but what i did will make them happier in the long run if we beat the amnesty deadline. if i did not meet with the buyer today, there's a very high chance we would miss the amnesty deadline and cause tita jane and tita georgia immense pain and worries waiting for the next amnesty.

it's easier to let go of our desire to control if we just realize i was doing the will of the majority. i was not acting on my own, i was doing what 6 direct heirs wanted me to do. the 6 heirs won't admit it because they don't want to hurt tita georgia and tita janes's feelings. the 6 heirs care for tita georgia and tita jane but they also know what i did was for the good of everyone. we didn't have time to meet because it was an emergency. the buyer notified us last minute and we should do everything to please him because we need him and he does not need us. if we lose him, we could lose all the properties if there won't be another amnesty.

we live in a cruel world, and sometimes to troubleshoot problems we need to be flexible and nimble. we need creativity and we need to think outside the box and not just rely on orthodox principles. IF WE DO EVERYTHING BY THE BOOK WE WILL LOSE ALL OUR PROPERTIES. that's why suma cum laudes from harvard and MIT cannot work in the survival of the fittest world of silicon valley, they can only be university professors because they can only survive inside the safe confines of a university. our valedictorian in high school, robin barangan, is just a public school teacher in mactan. i'm not saying he is less successful because we should be measured by how we serve society. i'm saying robin barangan cannot survive in the cruel world of business and there is no way he can solve property issues.

you are all enjoying the achievements of those who think outside the box - smart phones, facebook, etc ... harvard faculty is made up of super smart and highly principled people yet they got very angry at mark zuckerberg for creating facebook and meeting with a buyer without first meeting with the heirs so they kicked him out of harvard because they did not understand what facebook was because mark Z was thinking OUTSIDE THE BOX. imagine if people like mark Z will just follow those who does everything by the book because they don't want to hurt anybody's feelings. we won't have electricity, TV, internet, facebook, cell phones, etc ... let's understand we all are different and we should take advantage of our diversity instead of be angry. if i just do everything by the book because i don't want to hurt anybody's feelings, then we could easily lose all our properties.

why do i have confidence with my ability to solve property issues even if i don't have experience, i'm not even a lawyer, broker or real estate agent? my dads friend, michael otsuka, had so many problems with his P200m properties in mactan. he used to be a partner of a big accounting firm in new york. he is a high level executive. papa had to go to the states to get treated for his aneurism so i tried to help michael. at one point we were screaming at each other. i scolded him for doing very foolish things. i scolded him because i wanted him to solve his problems and be happy in life. recently he just donated his P5m corabes towers condo to me in a mock deed of sale. tita angie and christian, when you come to cebu to sign the extrajudicial or sale of a property, you have a very nice place to stay, FOR FREE !!! courtesy of my papa's friend michael otsuka. the only problem is the condo admin requires a medical certificate for any guest. but a travel pass will do. and if you know anyone in the baranggay who can print one for you without a swab test, the condo admin will still accept it. she is just trying to comply with regulations but she knows all my airbnb guests never gets a swab test they just know an insider in the barangay. hehehehehe. by the way one of my babygirls will be your servant or maid just a text message away if you want them to buy something for from 7-11 or do laundry or clean your room.

[edit] 1/21/21 this could be it !!!

halleluja !!! God is good, ALL THE TIME !!! the lawyer for the buyer, atty balili told me they are ready to give a FULL PAYMENT of P24.75m net (P26m - 5% commission) manager's check. we can start signing the contract as soon as the extrajudicial is signed, notarized and estate taxes are ready to be paid. after paying Ang and the estate taxes, each direct heir will receive P1.41m (P201k (1/7) to joanne, P1.208m (6/7) to john paul, P472k (1/2 of 2/3) to adrian, and P944k ((1/2 of 2/3) + 1/3) to christian) (note inheritance laws are very clear and strict therefore we should follow it to avoid getting sued and having to pay big damages). atty balili says they will give an LOI tomorrow. however, nowadays they are hesitant to provide a bank certification on availability of funds to protect the buyer's financial privacy, as there has been lots of extortion incidents by the NPA lately. i immediately ran to Ang whose secretary told me Ang's final decision is P6m. which to me is fair if you consider interest and penalties. atty balili called the secretary who gave the phone to Ang who confirmed to atty balili that the final figure is P6m.

we should thank Ang for the blessing in disguise. without the problem, we would have sold the properties 2 decades ago when the property values were very small and all the money would have been gone by now. in 2011 i bought apple shares at $12 because i was impressed by the iphone. in 2012 it quickly doubled and i was celebrating and gloating and sold all my shares. today the price is $132. similar story happened with my netflix, google, and amazon stocks. i wish Salvador Ang held my stock certificates like he did with the title to our properties because if he did, i would be a billionaire today. i would have been very happy to give Ang $100m to retrieve the stock certificates because he prevented me from selling my shares too early and miss out on gigantic gains. i would be P1 billion richer if he did that. same thing with the title to our properties. we pay him P6m but we gained P50m more because he held our titles and prevented us from selling too early.

God is good, ALL THE TIME !!! the only thing we have to do now is stand up to the devil who has been cursing our family for decades. the devil managed to trick our family into letting the 5 year expiration date of the super favorable court order to title the toledo expire without even a fight. but this time, we will fight the devil. FIGHT !!! FIGHT !! FIGHT !!!

i think the gigantic blessing that just fell upon us from heaven is because our family has many dedicated prayer warriors !!! leading our prayer warrior platoon is tito virgilio, followed by tita jane, tito mike, tita georgia and my mom. nothing is possible without God and so i consider them our biggest heroes.

not only did tita jane and tito virgilio lead us to battle in the spiritual arena, but also the earthly arena. i now realize we should always listen to tita jane and tito virgilio. i was about to fly to cagayan to consult auntie helen why 50% downpayment and 1 year payment is dangerous so at least we can find ways around the potential pitfalls. but atty balili told me tita jane is correct, that we should demand full payment as much as possible. he said most of their transactions are 50% down and 1 year to pay and so far there were no issues but full payment is always much better. atty balili also said asking for the LOI is the right thing to do.

i kept shouting in our chat group with my dumb big mouth that we should accept 25% below the appraisal value for the first sale just to beat the amnesty deadline. i was amazed why tita jane and tito virgilio kept their cool and insisted on the appraisal value. now we are about to get a full payment at a whopping P4m ABOVE the appraisal value of pelaez. it's like tita jane and tito virgilio has a crystal ball.

we should also thank tito virgilio for using his expertise to guide us and protect us. because of him, our estate tax is lower because he suggested we get family home certifications for the houses of tita georgia, tito bertie and tito gerry. tito virgilio's expertise is also assuring us the extrajudicial is legally safe for us.

as a christian, our #1 duty is to make sacrifices for others. Christ demonstrated this with his last act, which was dying on the cross to save our souls. i was awakened when tito virgilo told me to get INDIGENT certifications for tita doris's family and tito bertie's family to lower our estate tax. i didn't know what indigent means, turns out it means "below the poverty level". i realized since then that my most important mission was to alleviate the poverty of lolo and lola's pinanggas. if we sign the extrajudicial and contract for pelaez sale, we are basically freeing many of lolo and lola's pinanggas from economic sufferings. but the biggest importance for signing the contract and extrajudicial is that it could potentially save the life of lolo and lola's pinangga if simbako one of them needs life saving medical emergency such as a bypass surgery. i don't need the money and i would rather prefer to let the properties continue to go up in value like apple, netflix, and amazon stocks. but if i do that, lola, lola, Jesus and Mama Mary will be very angry at me.

thats' why i am willing to be paid my P1.9m in expenses only after the mambaling sale, which could happen a year from now after the right of way is annotated on the title. this is so that lola and lolo's pinanggas would already have the funds to have a more comfortable life and have emergency funds in case they need it for life saving medical emergencies.

as i've been posting, the BIR and notary accepts an extrajudicial with missing signatures as long as there is no deed of assignment. atty balili suggested that to shorten the process, just separate the deed of assignement, so only those in the philippines need to sign. the buyer can already create the contract and send it to those in the states for their signature and apostille. then when the contract comes back from the states, everyone in the philipines can already get together for the signing and distribution of manager's checks because the extrajudicial is already ready for the BIR. atty balili also said the buyer is still looking for a better property around ramos, so it's better to move quickly because many owners of businesses that closed because of the pandemic are selling their properties at a huge discount to alleviate their financial difficulties.

i feel our prayers have been answered and lolo and lola is smiling from heaven. but we need to move quickly. anyway, even if the buyer backs out, we still need to sign and notarize the extrajudicial anyway so we didn't really waste our time. LET'S DO THIS !!! this could be it. GO GO GO !!! let's not allow the devil to win this time. the devil will try to trigger our emotions with unreasonable worries. if you start to get the feeling not to sign the extrajudicial, just write it down and post it right away in our chat group so we can help you realize that your worries have zero downside. so we can remind you that if we don't hurry up, the buyer could find a different property, and we might not find another buyer anb we could spend the next few years in agonizing stress hoping for another amnesty. not to mention it could be lethal if an heir needs money for emergency medical treatment. fight for your love ones. do it for the economic security of your children. acting fast will help secure the economic security of your children. ACTING SLOW WILL ONLY ENDANGER THE ECONOMIC SECURITY OF YOUR CHILDREN.

[edit] 1/20/21 email to atty atup

(just emailed this to atty atup's firm. note that the bank loan and using our house as collateral is just bulatik to pressure them that we are in dire straights)

Dear Atty Justtine,

Belated Pit Senyor !!! During my meeting with the heirs they were asking me if it's possible to know the estimated time it takes to transfer the Toledo properties under the names of my grandparents so we can pay the estate taxes before the amnesty expires. The heirs are worried it might take time for us to get a loan from the bank to pay for the estate taxes of Toledo, because the bank said it will take a month to appraise our house which we are using as collateral.

We already have an extrajudicial prepared by Atty Oscar Tan 2 years ago for the Toledo properties but the BIR won't let us pay until the properties appear in the list of holdings. Atty Camiso was suppose to do the transfer but it's been years and there has been no progress. In the meeting, the heirs expressed fears that transfer of ownership could normally take years. I told the heirs that during my consultation with Atty Atup last November 4, Atty Atup told me transfer of ownership can be complete by December, which means transfer of ownership can possibly be done in a month.

The heirs were also asking if Atty Atup already gave his assessment whether he can just do a direct substition to the heirs so we don't have to pay for the estate taxes.

I told the heirs all the information will be included in the proposal that your firm is preparing, together with the attorney's fees. However the heirs asked if it's possible to obtain the information ahead of time before your proposal is complete so we can already start applying for the loan.

Thank you for your kind consideration,

Sincerely, Ian Crystal

[edit] 1/18/21 good news amnesty deadline is june 14

good news !!! me and tita georgia went to our BIR assessor (named edith) to give the 3 family homes certifications (thanks to tito virgilio's advice). she said it will lower our estate tax. but a bigger good news is that she told us she is ok if we pay by end of may. i bulatik to her that the philippine embassies in the states are closed for notary until april and so is the secretary of state for apostille and it usually takes a month to process. note i didn't ask for or mention the june 14 deadline because she might get offended and think, "wala diay mo ni salig nako pag ingon nako ug end of febuary". i was playing dumb and pretended i believed the deadline she gave me before. that's because she still needs to recompute our estate taxes, and if we insult or offend her she might give us an unfavorable compromise. that's how you get things done here in the philippines. if you scold them or quarrel with them they will only make your life harder even if you are right. the assessor said she will text me the new computation. let's have some fun. everyone give their guess on how much it will lower our taxes. the closest wins. my guess is the 3 family home deductions will lower our estate taxes by P1 million.

me and tita georgia also met with the broker of another pelaez buyer. as i said i'm sick and tired of meeting with buyers so i told him to meet us at the BIR to save us time and effort. we met at the parking lot of the BIR and i told him we have 2 other buyers who told us they are willing to give the downpayment even if we haven't retrieved the titles from Ang. this is a sales tactic to pressure the buyer to decide quickly.

earlier that day i met with atty abellana, who told me the hearing for the right of way in mambaling (title annotation) could be published this week. he was wearing the knights of columbus shirt, so he must be a close friend of tito virgilio. that's probably why he is doing his best to schedule the hearing early.

[edit] 1/17/21 coaching moment: navigating beaurocracy

tita georgia posted an article confirming the amnesty deadline is june 14. since our assessor told me it's end of febuary, i told tita georgia to accompany me to our assessor to have our estate tax recomputed with the family homes deduction. we also need to find a way to let our assessor agree or tell us the amnesty is on june 14 without offending her. i know the law is on our side. but by now you should know that in the philippines, there is a way or STYLE on how we should deal with government agencies. it's not as simple as simply doing what is right or what is "THE LAW". you were the one who told me that the toledo assessor never gave you the tax decs you needed even if by law they were required to do so. the NFA never approved my philippine passport because my birth cert says i was not born in the philippines even if by law they should give me a passport because both my parents are filipinos. i was only able to get my passport in san francisco philippine embassy. also by law DAR was not suppose to give away our 10ha 4143 because the court case was still on going. that's why it's important everyone reads my policy proposal because you will learn valuable skills on how to navigate the VERY TREACHEROUS PHILIPPINE BEAUROCRACY LANDSCAPE. the core theme of my proposal is really about STREET SMARTS and how we can be stronger as a group to ward off the sharks that are circling around us. the skills you learn will be very valuable in the future even after we resolve all the estate issues and we go our separate ways, so you can better protect your children and love ones from the sharks that are always swimming around your assets waiting for you to let your guard down. my point is that we should not just go in to BIR and demand our deadline is june 21 just because "it's the law".. first, we should do whatever we can to not rock the boat. first we should pretend that we believe the assessor that the deadline is end of febuary. then we plead that it's impossible for us to beat the deadline because of the apostille problem in the US, and the philippine embassy is closed indefintely, and we ask our deadline be moved to june. if she voluntarily moves our deadline to June, then great. but if she insists on end of feb or before june, we VERY RESPECTFULLY AND HUMBLY say, "naa man gud mi na basahan sa google maam. ambot tinuod ba ni kay daghan baya fake news sa internet karon." then we let her read your screen shots. these little things can sometimes mean the difference between success and failure. oops. no offense to tita angie and my dad. i was just generalizing, and of course we know tita angie, papa and tito jojo serves our country with integrity. hehehe. by the way discussing the amnesty deadline with the assessor should happen only after she recomputes our taxes based on the family home deductions. note that the compromise part of our estate tax is PERSONAL DISCRETION of the assessor and we were able to get a huge compromise on top of the amnesty because she is dear friends with atty mark's staff. she might get annoyed at our amnestly deadline demand and give us a very unfavorable compromise number.

[edit] 1/15/21 priorities and policies proposal

Click here to view my priorities and policies proposal that i think can guide us in better accomplishing our goals

[edit] 1/14/21 toledo, mambaling update and pep talk

i read the 2 inch thick toledo court documents and found the court order that orders the toledo ROD to issue titles for all our 86ha toledo lots. i talked to atty atup and he said that means we should already have titles for all our toledo lots. he advised me to go to toledo ROD and get the titles because it's impossible we didn't have the lots titled after we won the case and there is a court order. i told atty atup this is the reason why i'm helping the heirs so that this kind of monumental blunder won't happen again. he said the court order expires after 5 years so because the court order was in 2006, we will need to file a case. atty atup also said he will try to find out if it can be directly substituted to the heirs so we don't have to pay estate taxes on toledo.

i think the family just ran out of funds to pay atty camiso for the titling service. atty camiso was probably just waiting for us to request his services, which is usually P40k per title. i'm sure someone in the family could have financed the titling like tita jane or tito mike but they were not informed of the SUPER URGENT situation. this is an example of why it is very important everyone reads my updates because you never know when you can help. we all have different strengths. example tito ronnie of all people could be our hero if he convinces Ang to come to the negotiating table before tita georgia's buyer loses patience. reading my updates also saves us precious time. example in the meeting we had to discuss issues that's been resolved long time ago such us gikom's talamban townhouse and tita jane's house being in the lolo's list of holdings.

atty camiso just kept silent and did not volunteer his services maybe because we have a reputation for not paying. this is why i never hesitate to give lawyers and fixers large incentives, even if some of you have expressed your disapproval of my strategy. i was embarassed to know engr norvic did a relocation survey for toledo but we never paid him. anyway, let's hope and pray atty atup can still get it titled even if the court order already expired 9 years ago.

we must all realize we live in a cruel world. it's survival of the fittest. there are sharks always circling around us waiting for an opportunity to devour us. the 10ha 4143 got land grabbed by the sharks. now we have to pay atty atup contingency for the reconveyance. we have to be sharp and professional by replying to my proposals and questions in a timely manner. we need to be united and work together and stop being suspicous and distrusting with each other. i am making lots of sacrifices to battle the sharks. the best you can do is make my job easier, or at least not make it more difficult by having to write long essays to convince you on supposedly simple and trivial matters.

BEING PARANOID IS VERY PARALYZING and can cost us dearly. we could easily end up owing P63m in estate tax if we don't beat the amnesty deadline, simply because it will take a month just for those in the states to sign the contract for tita georgia's buyer, especially with the lockdowns or delay with the apostille. i suggest tita jane and tito mike hire a lawyer they trust, maybe their dear classmate in school. give that lawyer an SPA and do all the signing for them including the extrajudicial and sale of any property. the lawyer could be disbarred if he/she commits estafa so it should be very safe.

we should avoid burning bridges. always keep your cool and focus on our goal. example, i paid mobilization fee to atty atup but i'm still doing all the leg work. i never say anything about it and just keep thanking them and being grateful for their very valuable advice. you might think i have the right to complain but it could alienate the lawyer and delay the transfer of ownership of the toledo lots, and we could miss the amnesty deadline and have to pay P30m in estate taxes for toledo instead of just P1.5m. don't just do what is right, instead do what is necessary to accomplish our goal which is to make lola, lolo, tito gerry and tito bertie smile upon us from heaven.

we also need to be savvy and street smart. i paid atty abellana P100k to assure us the right of way hearing will be scheduled right away and we will win the case. he promised to publish the hearing on jan 4. but now i can't even talk to him and his secretaries have no idea of status. instead of being angry, i will see if we need to up our offer to P1m. but of course this time it will be more of a contract, maybe in the guise of him being our representative for the sale, where we pay him the P1m only after the sale. note we can never sell mambaling without the right of way annotation so P1m is still small compared to the value of the property which is P30m. just imagine it will cost us P400k just to notarize our extrajudicial and all the laywer has to do is sign and stamp. P400k is even very low because the notary is tito jojo's friend. good thing i found a lawyer who would notarize our extrajudicial for just P20k.

if the toledo lots are titled, this will give us an option to be paid by TRANSCO for the 3ha. i say option because someone wants to buy 4126 and 4127 (38ha and possibly 65ha if we recover the CARPed 27ha) for P150/sqm or P57m but it might lower the value of the property if we sell the 3ha to TRANSCO because the property will be halved. also TRANSCO will only pay for the zonal value which is only P50/sqm and possibly only P20/sqm if the DENR classifies it as forest timberland.

we should also not leave any stone unturned. i hired one of engr norvic's staff to get the tax mapping on mambaling right of way that goes through the squatters to see if it's really 4 meters wide and the squatters just encroached. he told me he will need to go to the baranggay to find out how wide it is and if the right of way has been donated to the squatters. if it's been donated to the squatters that means we don't have the legal right to demolish their encroachment. i always knew that was the case but the reason why i still want to proceed is so that i can sit down with the barangay and the squatters to find out how much they are willing to be paid to widen the right of way. they don't need to be relocated because the houses that are encroaching are big enough such even if we shave off 1 meter, it would still be a decent size house. so if we shave off 1 meter on both sides that would add 2 meters to the existing 2 meters, making it 4 meters. engr norvic said if we handle the cost of demolishing and fixing, the usual payout is around P20k to each squatter. i'm sure they will be happy with the deal because a wider road will increase the value of their property. note that even if they are squatters, they can still sell their rights to someone else. i'm also sure they would want our property to be developed because it would be a huge business opportunity for them. example if the buyer builds a residential condo, the squatters can benefit by starting a karinderia business. so if the worse case scenario happens and we lose the petition for right of way going to cashmere st, it would be good to have this option and at least the price of our property won't collapse. we would be lucky to get P5m for mambaling if there is no right of way.

lastly, i understand we still need to discuss in the next meeting if beating the amnesty deadline is our #1 priority or not, but in case we decide it's the #1 priority, we need to do something before it's too late. the good news is tita doris already secured the 3 family home certifications that could lower our estate taxes further, thanks to tito virgilio's advise. i will have our estate taxes recomputed by our assessor tomorrow, but i would like tita georgia to come with me. i was wondering why different assessors have different amnesty deadlines - our assesor told me it's end of febuary. tita georgia asked another assesor who said it's april. i asked our assessor why the inconsistency and turns out the official deadline was dec 31, and the extensions are just the peronal discretion of each assessor. we also can't switch to a different assessor who has a longer deadline because the computation has to be done before dec 31, as what one assessor told tita georgia. so when i have our estate taxes recomputed tomorrow, tita georgia can come with me so she can hear from our assessor that our deadline is end of febuary. now of course it's possible that the deadline is really april and our assessor is just in a hurry to get things off her plate. but we are not sure of that. what if she's right? i say we should not take the risk and assume the deadline is end of febuary. please voice out your agreement or objection.

[edit] 1/11/21 toledo update

i gave the LDC (lot data computation) and cadastral map of lot 4126 (i got from DENR lahug) to engr norvic so he can create a sketch map. his fee is P5k. i'm posting the standard fees for geodetic services for your reference. once it's done, i will submit it to DENR CENRO in toledo so they can project it and determine it's land classification. if it's forest timberland, note we cannot title and sell it. but i'm sure it will be alienable/disposable, which we can title and sell. if 4126 was really registered as a forest plantation by lolo, then it will also show up, which means we can recover the CARPed 27ha. the output of the cenro project will also determine how much we will be paid by TRANSCO and land bank (CARP) if we decide to be paid. i explained all the details in my previous status report. i advice you to read all my status reports so you will know everything that's going on - http://covid19.wiki-site.com/index.php/IansMessages.

however, atty atup said after doing a quick browse on the court documents, it seems the reason why we won the court case is because lolo was the first to file a free patent. if his assumption is true, we can already pay the estate taxes by just showing the free patent to the BIR. we can also have our toledo properties titled, and get a bigger pay off from TRANSCO on the 3ha they used for the power lines. i will also read the 2 inch thick court documents to find out in case atty atup will be too busy.

an agent named virgie said she has a buyer for the P38ha (4126 and 4127) for P150/sqm NET or P57m. the buyer will use it to build a motorcross race track. one of the requirements for selling is to have a relocation survey. i asked norvic if our family ever did a relocation survey on toledo and if we paid for it. norvic told me he can't remember because it was a long time ago but it's possible he did the survey. he said he will dig up his files to find out. i looked at the geodetic service fee chart and noticed relocation survey is P25k for first ha and P10k for each additional ha. that means if norvic did the survey on our 86ha property, we probably owe him P875k.

i read the CARP law (https://media.dar.gov.ph/source/2018/09/04/ao-2011-07.pdf) and found out if the lands that are above 18 degree slope are exempted from land reform. so next week i will hire one of norvic's people to go with me to toledo to do just an initial visual or ocular survey on the CARPed 27ha. if it's above 18 degree slope i will ask norvic to do a topogrophical survey. norvic told me his fee for topogrophical survey is P15k for the first ha and P10k for each additional ha. that means for the 27ha, it will cost us P275k (although in the geodetic services fee list it's P30k for first ha and 15k for each additional, which means norvice is giving us a very big discount). we will then use this to recover the 27ha or ask for a bigger payout form land bank. although papa told me land bank will never pay if it's above 18 degree slope. we will wait for land bank's assessment at the end of this month before i let norvic do the survey because it's possible the CLOAs will be cancelled in our favor if land bank finds out it's above 18 degree slope.

[edit] 1/8/21 toledo update

turns out according to the CLUP and transco sketch map, 3,186 sqm (out of the 30,570sqm) falls within the mining classification and according to the BIR zonal values for 2018, the zonal value for copper mining area in barangay DAS (don andres soriano) where 4126 is located is a whopping P2,000/sqm. if we can get it titled and get paid by transco, the total will be (P2,000 X 3,186sqm) + (P20 X 27,384sqm) = P6,919,680. note that 2/3 of 4126 is timberland which can't be titled but 1/3 is mining so we need to find out if it can be titled or not. because P6,919,680 is still bigger than the value of the 30,570sqm at P150/sqm, which is P4,585,500.

another potential good news is that i was looking at the 1998 tax decs of the CARPed 27ha and turns out around 5ha is cornland or A16. the CLUP also shows that around 5ha of the 27ha that was CARPed is agricultural (not timberland). the 2018 BIR zonal value of A16 or cornland the poog area is P400/sqm. in nearby media once corn land is P200/sqm. so let's give the DAS cornland to be P300/sqm. the land bank pay out is 70% of zonal value so 30% of 300 is P210. that's P210 X 50,000sqm = P10.5m. if the rest is assessed by land bank as hilly land, that's (.7 X P50) X 220,000sqm = P7.7m for a total of P18.2m payout from landbank. if they classify it as timberland, it would be (.7 X P20) X 220,000sqm = P3,080,00 for a total of P13.58m. which is more than enough to pay the P6.5m estate tax and P3m for salvador ang.

[edit] 1/7/21 update on toledo

i finally got to talk with terdy and macris from transco (formerly napocor). they told me transco only pays for the land they used for the towers if it's a private titled property. the amount they pay is whatever is the zonal value. they said if it's forest timberland, they only pay for the trees they cut, which they already have because their policy is they never cut a tree without paying first. that explains the P24,000 payment to tito bertie from transco i found in our records. i didn't tell them 4126 and 4127 is 2/3 forest timberland according to the CLUP we just got from toledo tax mapping office.

at first i thought maybe we can still get it titled because 4126 is 1/3 mining and 4127 is 1/5 mining according to the CLUP. atty charter (my neighbor in gemsville) told me his friend is the head of ROD in toledo and he can title any property with a tax dec. we will soon be getting tax decs for the 52ha of our toledo lots (which includes 4126 and 4127). atty atup is just creating the proposal (lawyer fees). but i downloaded the zonal values from BIR and found out the zonal value for forest timberland in toledo is only P20/sqm. PATAY !!! attached is the excel file. however if you look at the excel file, none of the areas under poog, DAS, and media once are classified as A36 or forest timberland. the cheapest zonal value under those barangays is A49 or hilly lands, which is P50/sqm.

the zonal value for plain lands is P100/sqm but i called maldo and he said only 1ha of the entire 4126 is patag. i also looked at the satellite view in google maps to verify this (i figured out the approximate boundaries of 4126 based on the river, creek and estimate width based on the square root of 605,000). however, there are A36 forest timberland areas in the other barangays in toledo, all with a P20/sqm zonal value.

however, they also told me that if we only get paid for the trees cut (not the land / sqm), the 3 hectares they used for the towers is still ours. which means we can still sell it. if we find a way to get it titled and get paid by transco, the 3ha will now belong to transco. meaning our 38ha (32ha 4126 + 6ha 4127) will now be just 35ha. also note there have been interested buyers of toledo at P100-200 /sqm. if transco pays us, they will only pay at best P50/sqm if we get lucky, and possibly P20/sqm if they really classify it as forest-timberland. so we should forget about the payment from transco.

now let's talk about the possible payment from land bank for the CARPed 27ha. i googled and downloaded the land owner compensation formula (https://media.dar.gov.ph/source/2018/09/04/ao-2011-07.pdf). if the property does not generate income, the formula is 70% of the zonal value + 10% of market value. market value is what they use for realty tax which is very low so let's just ignore it. now we know our worst case scenario for payment from land bank. if they classify it as forest timberland, then 70% of 20/sqm is P14/sqm. we will only receive 270,000 X 14 = P3.78m. it's small but at least we can use it to pay Salvador Ang. the best we can hope for is that if you look at the excel file, there is no area under poog or media once classified as forest timberland. if land bank classifies it as hilly land, then we get 70% of P50/sqm = 35 X 270,000 = P9.45m, which is enough to pay our estate taxes of P6.5m and Salvador Ang's P3m.

but the spreadsheet contains some good news. .4ha of our property is along the national road, where the zonal value is P700/sqm, so we can sell our .4ha for P2.8m. our 6ha 3816 and 3817 is along the baranggay road, which has a zonal value of P500/sqm. so we can sell it for a whopping 60,000 X 500 = P30m. considering that our 52ha is classified as forest timberland with a zonal value of P20/sqm, P150/sqm offered by the buyers should be a very good price (150 X 520,000 = P78m).

note the excel file is consistent with the appraisal of our guba property along the barangay road which was given a zonal value of 760/sqm (higher because it's closer to cebu city than toledo).

by the way i talked to atty atup over the phone and he said they will be filing for reconveyance of the 10ha 4143 because what DAR did was illegal and there already is a court order saying the property belongs to us. what it means is the titles of 4143 will be trasferred to our names instead of cancelled.

[edit] 12/22/20 good news and pep talk

lots of good news today. please read all my messages. scroll back to make sure you didn't miss any. it's the only way to avoid misunderstandings so we can be united and work together as a family to achieve our common goal. i recently posted the wiki site the contains all my important messages.

first good news - atty gines already filed a motion for the hearing. the hearing will be published on Jan 4 and 3 weeks after that, there will be a hearing then the court order to annotate the title. atty gines told me the buyer, named ML Durano, also visited him and was happy of the progress.

the 2nd good news is that my tita citcit (mama's best friend) introduced me to a notary who will only charge us around P25k for the 3 extrajudicials. the unchuans have been using this notary for a long time without any issues. tita citcit literally saved us P375k. what's even more amazing is that unlike other notaries who required that all heirs not in cebu give an SPA to someone who is local, this notary said duplicate originals are ok. for us this is a life saviour because tita jane is not comfortable giving an SPA and it might be a while before she is vaccinated so she can safely come to cebu. another big thing we should be happy with this notary is that unlike other notaries, the heirs don't have to physically go to his office to sign. he just needs photocopies of the IDs. this would make it very convenient for us because there are 15 heirs in cebu that needs to sign. we should be very thankful to my mom who had the presence of mind to ask tita citcit if she knows a notary that won't charge us an arm and a leg. this is why it's very important everyone reads my messages because you never know when you can contribute. team work is very important and good communication is essential in team work.

here are the new instructions:

for tita georgia: 1. print 8 copies of the extrajudicial (latest version which is tito virgilio's version), 4 copies of the deed of assignment, and 2 copies of the loan agreement. also print 8 copies each of tito bertie's and tito gerry's extrajudicials. note that you can just print 1 copy and photocopy it if it's faster and cheaper. my suki for xerox is that coop across bdo in SKB because the girl is so hot. also buy 5 of that big folder that can fit 2 inch thick documents that has like a rubber band tie around it (not sure what it's called but the coop also sells it). 2. give all documents to tita doris. 3. post in this chat group that all cebu heirs should go to tita doris at their convenient time but as soon as possible to sign ALL PAGES of all the documents that they need to sign. be careful it's easy to make a mistake in signing tito gerry's or tito bertie's extrajudicial even if you are not an heir because you will just be signing at the margins until you reach the last page and realize you are not one of the heirs. 4. go to tito virgilio and have him sign. 5. give them to me so i can also have chrisitan and tita angie sign it (via JRS express same day delivery or if they spend christmas here in cebu). i will then have it notarized.

for tito mike: 1. print 8 copies of the extrajudicial (latest version which is tito virgilio's version), 4 copies of the deed of assignment, and 2 copies of the loan agreement. 2. coordinate with tita jane when you will go to a UPS store to sign and notarize all documents. remember to sign ALL PAGES. 3. call the office of the secretary of state in sacramento (+1 916-657-5448) to inquire if they resumed doing apostille (it was closed because of the covid lockdowns). if closed ask when they will reopen. 4. if open go to sacramento to have all notarized documents apostilled. then fedex everything to me. my address is below. if closed and they don't know when they will reopen, do the following:

  a) print and fill out the apostille-intakeform.pdf, the fee is $150 so put the amount in the form. 
  b) fedex ONE copy of the extrajudicial, check (if paying by check), and the apostille-intake form to this address:

Apostille Please, LLC 1070 Middle Country Road, Suite 7-192 Selden, New York 11784

  c) fedex the other 7 copies of the extrajudicials, 4 copies of the deed of assignment and 2 copies of the loan agreement to me:

ian crystal 20 emerald st, gemsville subd, lahug cebu city, 6000 philippines

  d) around 3 weeks later when you receive the apostilled document, fedex it to me

this is it !!! let's do this !!! pretty soon millions will start flowing in your bank accounts. let's target 2nd week of january to get everything done.

i apologize that it's very painful for you to sign the documents because i'm the one asking you to sign it. it's a weird phenomenon i've experienced all my life. i have negative charisma so it's very painful for anyone to follow anything i say. it's just VERY NORMAL HUMAN NATURE and it happens to the best of us. the trick is to be aware of it and fight this obsolete instinct because this is one of those situations where a little sacrifice results in huge upside or in this case, millions in your bank accounts. it's like it's very difficult to exercise but if you do it the rewards on your health are huge. not everything we need to do is something we like to do. another trick is to realize the extrajudicial is tito virgilio's extrajudicial so you will feel happy signing it. tito virgilio has strong charisma because he was the president of the very prestigious cebu jaycees. i understand it sucks that of all people driving this thing it has to be me who has a very unpleasant personality. that's just life. hehehe.

another mind trick to motivate you to sign the extrajudicial is, if you were able to endure 15 years of school, forcing yourself to wake up in the morning even if you are still very sleepy, studying all those text books, cramming for the exams, listening to boring teachers the whole day, there's no reason why you can't force yourself to read my instructions and follow them to the letter. and last but not the least, if you sign the extrajudicial, lolo and lola will be very happy watching over us from heaven.

MERRY CHRISTMAS !!!

[edit] ian's letter to virgilio on 12/18/20

dear tito virgilio,

i talked to the BIR assessor yesterday and she said if we present a baranggay certification that the main house is a family home, then our estate tax can go down further. the heirs are very thankful for your valuable advice.

all the heirs are now working in harmony towards their common objective, which is to enjoy their millions before they grow old and die :-) this is mainly thanks to your guidance and advise. we regret that because of the pandemic it is difficult for us to communicate because it's dangerous for you to get a load for your phone. for your safety, i loaded your phone P150 so we can call each other when we need your advice.

attached are the 3 documents the heirs need to sign. the extrajudicial is completely your version. the heirs call it "virgilio's version" during our meetings. the heirs realized your advice is correct, that an extrajudicial with sale will be more expensive, complicated, it will be too much work and delay the BIR assessment especially we are trying to beat the amnesty deadline this april 20. Although the heirs decided that we should pay the estate tax by february just to be safe because if we miss the deadline it will be P63 million instead of only P6 million as you can see in the computation i sent you.

we need to start signing as soon as possible so some heirs can finally be relieved of their economic poverty and sufferings and can afford to pay for their badly needed medical treatments. the buyers feel more confident giving the downpayment if we can show them the extrajudicial already signed by everyone. i understand some heirs don't need the money but the reason why i worked hard doing all the legwork is because i realized we should make a little sacrifice to help other people especially our own blood. it's my opportunity to be a good christian and serve Christ, aside from the 7 sacraments.

unfortunately atty mark is not a notary. tita jane suggested we let your son-in-law atty dennis to do the notary. i hope atty dennis won't charge us that much because the lowest quote we got so far from different lawyers is P400k just to notarize the 3 extrajudicials (including tito gerry's and tito bertie's). it's unbelievable atty mark only charged P245k to do the 3 extrajudicials, including mobilization to get all the tax decs, list of holdings and no improvements including toledo, plus BIR processing. but just to do notary the standard fee of notary is 2% of total zonal values.

there needs to be 8 copies of the extrajudicial documents. let me know how you want to go about signing, whether you will sign and i will bring it to atty dennis and he can call you to confirm you signed it? or will you personally go to atty dennis' office?

note that because of the pandemic, the philippine consulates in the US won't do notary. luckily the US and the philippines has an apostille treaty so tita jane and tito mike can have their notary apostilled by the california secretary of state. the problem is it could take more than a month to have our extrajudicial apostilled so it might be a stretch to beat the april 20 deadline. that's why it's very important that we all act fast. call me as soon as you are ready to sign. maybe these documents are not perfect but if the errors are not a show stopper, might as well just proceed so we don't lose precious time.

i am also including a status report for all the properties of the estate in case you can give us advice.

sincerely, ian

[edit] 12/18/20 mambaling status

i consulted the baranggay captain (atty gines) who happens to be good friends with tito virgilio in the knights of columbus. he summoned the dela cernas at the barangay but they did not show up. atty gines told me after 3 summons we can demolish the garage blocking the right of way (ROW).

but the buyer told me even if there is a battle tank blocking the ROW they will buy it if the ROW is annotated on the title. even if the owners gladly let's them use the ROW they will still not buy it if the ROW is not annotated on the title. tito virgilio suggested we get the copy of TCT 54800 and 54801 because it's mentioned in the deed of sale of the 94sqm. virgilio said to ask for the history which might involve multiple titles because we also want to look at those that got cancelled to see if any of the titles have ever been annotated. unfortunately, the last annotation of all the titles was 1972.

papa advised me we need to hire a lawyer to petition the right of way. so i hired atty gines. he advised me to get a certified notary entry of the deed of sale. thanks to tito vigilio, i already had one in my possession because he advised us to get it. the hearing will be published soon and after 3 weeks there will be a hearing. atty gines told me it will take only 1 hearing and we will surely win because of the certified notary entry. the buyer visited atty gines to confirm and said he will start drawing up the contract for our agreed price of P30 million net after we show him the extrajudicial signed by all the heirs. so it's important everyone signs the extrajudicial as soon as possible. we also need the funds to beat the amnesty deadline or else we end up paying P63 million estate tax instead of P6 million.

if the date of the hearing gets delayed because of the pandemic, we can advise the buyer to offer the dela cernas P1 million to buy the right of way. also scare the dela cernas if they don't take the offer, they could end up with nothing because a petition has been filed and we have a high chance of winning because of the certified notary entry of the deed of sale.

atty gines advised us to sell mambaling as soon as we can because there are plans for the elementary school to expand and our property happens to be public domain so it could be expropriated.

in case we don't get the right of way going to cashmere st, we have another option. papa also told me the ROW that goes throught the squatters and out of avocado st. is 4 meters wide. i hired engr. norvic abella's staff named richard to get the documents from tax mapping to confirm this. turns out even if it's 4 meters wide, we don't have legal right to demolish the encroachment because it's not annotated in the title. richard said he will go to the barangay to see if it's been donated to the squatters. i suggested we sit down with the squatters and barangay and ask them how much they are willing to be paid to widen the road. richard said that's a good idea and the squatters will most likely cooperate because widening the road will increase the value of their property. note that even if they are squatters, it's customary for them to be able to sell their right on the lot they are occupying. and if our property is also developed by the buyer. it will also give the squatters business opportunities such as karinderias. the good news is the houses are big, so shaving off 1 meter on both sides of the road won't require relocation. richard said based on his experience, if we pay for the demolition and repair, P20k per house is enough. there are around 15 houses so P300k + P200k cost of demolition and repair should be enough. which is very small relative to the value of the property. even if the cost is P1m, that's still small.

just like some of the interested buyers of mambaing in the past, we have another buyer for mambaling who does not care about the right of way because what they need is at least 5,000 sqm for residential development so they need to buy the property next to ours which has a frontage and is 3,000 sqm. so combined with ours which is 2,369 sqm, it would meet their 5,000 sqm requirements. the past brokers have been telling me the owner is in the states and very hard to contact.

all i know is the name of the caretaker is girlie. so i went there to try to get the contact info of the owner from girlie, maybe bowie can call the owner in the statess or even meet face to face it would make the deal have higher chance of success. turns out girlie is very nice and cooperative. her FB messenger account name is Gigi Navarro, the woman with blonde hair. you can chat with her via messenger. she knows exactly the price – it’s P55 million and the owner will give 2.5% commission. she told me the owner's name is Mrs. Helen Young Spencer, and turns out she can easily be contacted via messenger. her profile picture is the woman holding 2 red flowers. turn out Mrs. Spencer’s price is fixed at P55 million (~P18k/sqm) and does not want to negotiate. however the brokers (paul and mr. delgado) would keep bugging her to lower the price, maybe so that they can earn bigger profit. this annoyed Mrs. Spencer so she blocked the brokers who kept asking her for a lower price.

i gave this info to the buyer in hopes he will be aware not to annoy helen the owner and avoid ruining the deal.

in the worse case scenario where we fail to get both right of ways, it could be a blessing in disguise. bed spacers don't have cars, so we could develop it similar to our development plans for mactan - click here for my proposal for developing our mactan lot

we could also just buy the right of way again from the dela cernas. i'm sure they will be happy to sell it at P2m.

[edit] 12/13/20 good news

good news. the mambaling buyer where we get P30m net has decided to proceed with the purchase and will prepare the contract. he will down 50% and pay the rest within a year. (actually it's P34m pero gepatongan sa broker and we pay capital gains and comission). i already hired a lawyer to file for administratorship just in case not everyone will sign the contract. what happens is the court will assign an adminstrator who will report the inventory and accounting of estate to the court. the court has to approve all decisions and make sure all heirs get their share. anyone can contest any decision of the administrator but of course you need to have valid reason. the court will usually go with the majority or consensus of the heirs so at least the heirs don't have to be paralyzed by the decision of a few heirs. i'm sure this will be very good for all of us who want to sell everything and divide it equally. it will also help us reach our objective faster.

at first the buyer kept asking me to have the deed of sale to the right of way entered in the notary. they said it would cost P50k but we would surely win the case if we present it during the hearing. i thought they meant manufacture a certified deed of sale so i told them we won't do it because our opponent might find out and it might only cause the case to be dismissed. the buyer offered to shoulder the expense but i still rejected their request for the same reason. i met with the broker yesterday and learned what they meant was have the deed of sale notary entered in the notary log book. i told them we already have a certified notary entry. they looked at it and told me they will prepare the contract once they get a clear copy of the encumbrances (back of the title) so they are assured the title is clean because until now we haven't given them a clear copy and the certified true copy from the ROD is very hanap. since it's been 2 weeks and tita jane haven't sent us a photo of the encumbrances, i decided to go to ROD and offer our cousin huge money to let us borrow the original copy of ROD so we can xerox it. MIRACULOUSLY our cousin let us xerox it. i gave the copy to the broker. then he asked who my contact was in getting the notary entered and how much i paid because he wants me to introduce him to that person. i told him it was already entered in 1993 during the time of the sale so i did not have to bribe anyone.

i then warned the broker that i have no clue where the title is. it's probably in california and i have no idea if my tita jane will be able to fedex it to us because they are experiencing a third wave of the pandemic. the broker said we won't be giving the title to the buyer when he gives the downpayment. we will be giving them the title only after they have fully paid (12 months). but it's standard procedure for the buyer to look at the title before giving the downpayment. so note that whoever has the title, nobody will touch it but you. you just show it to the buyer. we can hire an off duty police officer or bouncer to make sure the buyer won't just grab the title and run away with it. i don't think that would ever happen but if it will make us feel secure when showing the title when the buyer gives us P15m, we should do it. i asked the broker to ask the buyer if in case the title is still in california and can't be fedex to cebu because of the pandemic, if it's ok that my tita jane will just show the buyer the title via zoom or video call. although i'm not sure where it is. maybe it's lost because it's been weeks and nobody has posted in our chat group who has it or where it is. maybe it's really lost and everyone is just assuming someone else has it. the broker suggested we can file a lost title and just pay someone in the ROD to have the new title released quickly.

i also talked to a loan officer in BDO to explore our other options in case the buyer backs out. note we need P6.49m estate tax and possibly P3m to pay salvador ang (by the way Ang has not replied yet to our offer of P3m but his secretary told me Ang already received our offer letter and is still trying to decide). also keep in mind the good news is we have until april 20 to pay the estate taxes. i will be going to BIR this week to pay for the computation and get a receipt.

if my money is not enough to pay the estate tax and Ang, i can get a loan from BDO with 6.5% interest. i can collateral my avida condo and townhouse in talmban. the bank said it will take a month to appraise my 2 properties and they said after that i can loan 80% of the appraisal value. however, if let's say we sell a property soon and have money to pay off my loan, we will need to wait 3 years to pay it off. and also we will need to pay an additional 15% early pay off penalty. so if i borrowed P5 million, we will need to pay P750k penalty. it's still not bad considering we save P57 million in estate tax penalties if we pay before april 20. another option is i can fly to the states and maybe get a home equity loan from one of my 2 houses. i have to do whatever it takes because if we can't sell a property before april 20, we are toast. we have to hope and pray there will be another amnesty.

another possibility is that the amount NAPOCOR will be paying us for the 5ha they used for the 5 towers in lot 4126 and 4127 would be enough to cover the estate taxes and Ang. turns out someone from napocor have been contacting tita doris asking for the title because napocor is ready to pay us. but they can't pay until we show them the title. today i asked tita doris to call that person and setup a meeting. the meeting will be tomorrow. we will try to find out if they can give an estimate on how much we will be receiving. i will also inform them that our lawyer (atty atup) is now in the process of putting the properties under our names and have tax decs created. once that's done, i have a neighbor here in gemsville named atty charter tayurang who is also a real estate developer who told me he is very close buddies with the ROD head of toledo and he can have any tax dec titled instantly (this is perfectly legal). by the way, keep in mind atty atup is now studying the court documents i got from toledo so we will know soon the time frame on when the 52ha of toledo will be under the names of the heirs.

another possibility is that the amount land bank will pay us for the 27ha that was CARPed is enough to cover the estate taxes and Ang. i went to DAR today and atty guanzon apologized that it might be end of january before they can give us the amount land bank will pay us. she said it is delayed because of the pandemic. they still need to investigate to make sure all the beneficiaries are legible. i asked what is possible range of the pay off. she said she has no idea because it's the land bank who decides. i asked what is the possible range based on her past experience. she said between P10/sqm to P100/sqm. so if we get P50/sqm that's 270,000 sqm (27ha) X P50 = P13.5m. let's all keep our fingers crossed. i think if this is what land bank will give us, we should just take it. but if they offer P10/sqm, land bank will give us an option to contest it, which is part of their standard procedure.

so i asked advice from papa on what we can do to prepare early in case we will need to contest the land bank pay out. here's his reply:

Re: Toledo DARed lots, I remember Papa (munding) had our properties zoned by Toledo City as INDUSTRIAL ZONE. Portions of our property have been planted with Gemelinas and Mangiums and registered at DENR as FOREST PLANTATION, which is exempt from agrarian reform via DAR Executive Order signed by Sec Ben Leong. Tell the above to the lawyers

legal efforts to nullify CARPing of our property, the KEY is to PROVE THAT THOSE LISTED AS BENEFICIES are not presently occupying and farming their assigned lot and/or have not been paying Land Bank

Look for the DAR Exec Order signed by Sec. Ben Leong declaring DENR approved private Forest Plantations exempted from CARP. Portions of our Toledo Property has an approved Forest Plantation. The record of such can be provided by the TOLEDO CENRO. Doris and Maldo knows and can help getting such record from the CENRO. They were involved in getting a cutting permit from the CENRO when the NAPOCOR power line ROW was cleared by NAPOCOR around 5 years ago Re: Toledo, go to the Toledo City Hall City Planning Office and get a certified copy of the TOLEDO CITY LAND USE PLAN ( CLUP). Once you have the Land Use Maps, ask Norvic to locate our property in such maps. By the way, do not forget about: 1. Certifying that the persons who were issued the CLOA have not occupied nor farmed their assigned lots; 2. Certification the persons issued the CLOAs have not paid Land Bank; 3. Certification that NO TITLE for the area issued the CLOAs has been issued in the name of DAR/Land Bank.

There is a SUPREME COURT ORDER to Title all our Toledo lots in favor of Papa and Mama! Why is your lawyer suggesting a CARP cancellation case? The ISSUE is really IMPLEMENTING THE SC ORDER and squatter eviction.

The ZOSA Law Office, in coordination with Doris, has started the LEGAL PROCESS of TITLING TITLING LONG AGO but we ran out of funds. Use your money to fund the work in progress re TOLEDO TITLING per SC ORDER. Stop engaging that lawyer of yours


end of papa's replies

i will go to toledo city hall maybe thursday to get the certifications papa suggested. today i went to denr and asked where i can get a document that shows lot 4126 of poog toledo is a forest plantation. they told me to request a cadastral map and lot data computation (LDC) in DENR lahug. then go to toledo CENRO to have the lot projected. it will then show if it's classified as a forest plantation. i requested the cadastral map and LDC and i have a claim stub to get it 1-6-20. so i need to find a time machine to go back in time. hehehe of course it's just an error.

tomorrow i will also go to atty camiso (soza law firm) and ask if he remembers any supreme court order to title all our toledo lots in favor of lolo and lola. it blows my mind nobody ever bothered to keep a copy of this supreme court order. it would have been the single most powerful document to protect all our toledo properties. i really feel this supreme court order never existed because i don't think any of us can be that stupid not to keep it.

by the way tita doris told me they were not involved in getting the tree cutting permit for NAPOCOR. the tree cutting permit they got was for lot 4129 (the one where the heirs received around P20k each from the buyer of the lumber)

all this time i thought i can just withdraw from my IRA account without penalty because of the pandemic. i heard it in the news. that's why i was confident we can pay the estate taxes ang Ang. turns out the benefit only applies to those who lost their job and closed their business because of the pandemic. note that IRA is where i do all my stock trading and investments because it's tax deferred. but i can only start withdrawing without penalty when i'm 65 years old. the early withdrawal penalty is 20% and the tax is 20% so that's a 40% haircut. YIKES !!!

that's all for now. i still have a lot of work to do. but at least we are approaching the finish line.

[edit] 12/10/20 pep talk and good news on T-215 files

this is such a roller coaster ride. as i posted here recently, the toledo court told me they can't find T-215 files. yesterday morning i called again and they told me they found it so i floored my tesla model S to toledo. atty atup can finally transfer all our toledo properties under lolo and lola's names so we can pay the estate taxes and have it titled. i talked to atty atup yesterday he said it can't be transferred directly to the heirs we really need to pay estate taxes which in my estimate i between P1.5 to P2 million. i'm making copies of these court documents and treating it like it's a gold bullion, unlike atty camiso who just treated it like it's knorr bullion and never transferred the properties to lolo and lola's names like he was suppose to. without these case files, we won't have a basis or proof to transfer the properties under our names. or if we do, it will take forever and the amnesty of estate taxes would have past and we would end up paying pretty much the same as the value of the properties so basically we would have lost the 52 hectares if these case files were not found.

keep in mind that for years now we've been trying to sell the the entire 86ha for P100m, but now there is a buyer offering P30m for just the 6.1ha of lot 3816 which is along the baranggay road and is already titled under lolo and lola's names.

we need to learn a valuable lesson from this, and that is, it was also partly our mistake that we never bothered to follow up with atty camiso. you should never assume that your lawyer will do what needs to be done. just like the publishing for the hearing of the mambaling right of way until now it hasn't been published even if it should have been published last week. i need to follow up every week. but don't follow up everyday because they might be offended or insulted or annoyed. we must do everything we can to avoid burning bridges because keep in mind we need something from them that can translate to millions in our bank account. even with atty atup i keep praising him for his professionalism yet i was the one who kept going back and forth to toledo even if we already paid P20k for mobilizing fee. i will never say a word about it or else this whole thing will blow up in front of our faces. same with atty tan. because i never burned the bridge with atty tan, i was able to negotiate with him to give up the main house front lawn and mactan property in exchange for just 1/4 the value of those properties. i hope we keep learning as we move forward because it's the only way we can succeed.

[edit] 12/8/20 toledo estate taxes

here's my estate tax estimate of the 52ha of toledo (4126, 4127, 4143, 4129, 3820) that's not included in the extrajudicial (because it's not under the name of lolo and lola, we only have court orders saying the properties belong to lolo and lola). the BIR included the 52ha properties in one of their previous compuations (before they knew the tax decs are not under lolo and lola's names or they don't appear under the list of holdings) and the total zonal value is P14,229,092. i notice the estate tax compromise is usually 14% of the total zonal value (the normal is 6%). that means our estate tax for the 52ha of toledo is around P2 million. they will probably compromise it down further to around P1.5 million.

however, it's possible atty atup will put the 52ha properties under the names of the heirs. i just emailed atty atup a while ago to ask this. i also asked him if that would mean we don't need to pay the estate taxes anymore for the 52ha since it was never under the names of lolo and lola.

[edit] 12/4/20 urgent message

WE ARE IN A VERY DANGEROUS SITUATION !!! i just talked to our BIR contact, he said the official deadline of tax amnesty is dec 31, 2020. here is the rappler article - https://www.rappler.com/nation/house-passes-bill-extending-estate-tax-amnesty-two-years. the bill that extends the amnesty by 2 years passed in congress, but not yet approved by the senate because of the pandemic. he said most likely the senate will approve the bill, but that is not 100% sure. also let's say the senate will approve the bill on march, that means if we pay the estate tax on january or febuary, our tax will be P63m. we will have to wait and PRAY the senate approves the bill before we can pay the P6m. that means we should not wait for the annotation of the mambaling title because the hearing won't start until last week of december. we should accept the current offer of P30m net.

tita jane, please fedex the mambaling title as soon as possible. let's say because of the pandemic the bill won't be approved by the senate until june 20201. that means for 6 months we won't be able to sleep knowing our estate tax bill is officially P63m and there is slight chance we won't get the amnesty.

[edit] 12/3/20 message


P30m offer with P12.8m downpayment, and possible pitfall with tito jojo's buyer of mambaling

i did more research and consulted lawyers and real estate property experts (my dear friend and high school classmate mary lyn gilig is the COO of taft east group) during our reunion last sunday. i told them our mambaling situation and asked what could possibly make tito jojo's buyer back out even if we win the case and already have the right of way annotated? they said if the buyer volunteered to do the demolition of the garage blocking our right of way, that means they want to know first if the owner of the property (dela cernas) will file an adverse claim, where the court battle can drag for 2 years. they cannot use the right of way until the adverse claim has been cancelled. i consulted atty abellana and he confirmed that the dela cernas most likely will file for an adverse claim. although for sure they will lose, the litigation can take 1-2 years. if the dela cernas file an adverse claim, they will probably back out or ask for a lower price, usually the price of buying the right of way which could be between P1 to P3 million.

what we should do now is inform tito jojo's buyer that the hearing will be in 3 weeks and there's a high chance of winning. we can offer them to lock the sale with earnest money, with an additional agreement that if we lose the right of way, we will return the earnest money. if they refuse, then that means they are worried about the adverse claim and there is a good chance they will back out even if we win the right of way. we need to find out as soon as possible because the buyer who was offering P25m found out that the hearing will be scheduled in 3 weeks. i'm sure they were able to deduce that we bribed the judge so they became confident we will win because they just upped the offer to P30m NET with P13.8m downpayment (similar to lawaan taliay sale). this means our maneuver to aggressively push for the right of way already paid off. also note that even if tito jojo's buyer pushes through, it's not net so usually we end up paying 5% capital gains and comission fees so we probably end up with P32.3m, which is only small difference from the P30m offer.

i say we should go for it. that's because if we don't pay the estate taxes by end of december, the BIR will have to recompute and we don't know if our compromise or arrangement to bring it down further from P10.9 million to just P6m will still hold.

[edit] 12/2/20 status update

just gave P100k to atty abellana so he can publish the hearing tomorrow and in 3 weeks we can have the title annotated for mambaling ROW.

[edit] 11/27/20 status update

here's a complete report of my activities for the day:

i visited atty cugtas the head of ROD to get advice on the probability of being denied the ROW petition. i first briefed him on the existing ROW through the squatter's area. he affirmed my assumptions that it's usually easy to remove the encroachment of the squatters by paying them off, usually P20k each house (so it will be 4m wide and trucks could pass). atty cugtas also affirmed my concern that the existence of our ROW through the squatters could cause us to be denied the petition of ROW through the nice neighborhood (cashmere st) because we are the subservient and the court is suppose to only grant us our minimum need. he also said that the certified notarial entry is not sufficient proof that we paid the deed of sale. if we had the original notarized copy of the deed of sale, then 100% we would be granted the petition. i asked what he thinks our probability of winning the case. he said it would depend on how the mind of the judge works and only a lawyer who knows the judge can give a probability estimate. he also confirmed my concern that if we lose the ROW case, it will lower the value of the property by a lot. he said we would be lucky if someone would be willing to pay P10 million for it. he adviced that to be on the safe side, just accept the current P25 million offer.

i then asked if it's possible to just buy the ROW again, anyway it's just 94sqm. show the dela cernas (owner of the ROW to cashmere) the 2018 appraisal report of our property, which is only P8.8k/sqm or P833k for the 94sqm. since it was 2 years ago, maybe adjust it to P1m. then scare the dela cernas by showing them the certified notary entry and the petition that's already been filed. tell them if they don't accept the P1m, we could easily win the case and they could end up with nothing. scare them that we have very high chance of winning the case because of the certified notary entry, not to mention the easement law. tell them that the only reason why we are offering P1m is because there's already a buyer who requires the ROW and we need to pay our estate taxes before the amnesty expires on june 2021, and our only problem is it will probably take a year to schedule the hearing because the courts are prioritizing the cases of inmates because they might die of covid even if they are not guilty. tell them that we can easily take a loan to pay for the estate tax, but we don't want to pay for interest. tell them that if they don't accept our P1m offer, then we have no choice but to take a loan, and if we win the case, they could end up with nothing. also tell them that they are not in the position to over charge us or else we will just take a loan and pay for the interest.

atty cugtas told me it's a brilliant idea. i then asked if the dela cernas accept the P1m, how long before the title will be annotated. he said usually 1 month, but because we are friends, he can do it for me within a week.

i decided to go to atty abellana first and ask for his probabilty estimate on winning the case. i briefed atty abellana everything i told atty cugtas. first nangumusta siya sa ako papa, because turns out they are friends. then he said, "andam lang ug P100k para sa judge siguardo mo daog". i was so happy. i then asked if we can schedule the hearing as soon as possible. he said we need to first publish the hearing for 3 weeks, so he will ask the court to publish it next week and after 3 weeks there will be a hearing. i then asked how much we will pay him, he said kita na ang bahala.

note that after the judge orders it annotated, atty cugtas said he can annotate it in less than a week. that means by beginning of january the ROW should already be annotated and tito jojo's buyer will give us the P34m. if they back out then we immediately go with joy deleon's buyer (who turns out to be ML durano) who is offering P25m.

we should not rest on our laurels, so i went to engr norvic to find out the status of the task i hired him to get the documents from the city assessor that would verify the ROW through the squatters is actually 4m wide. then my plan was to already start negotiating with the encroaching squatters how much they will be willing to be paid. i also wanted to talk to norvic about surveying our toledo properties and if he owns a drone so we can plant tall flags on the mohons and just fly a drone to take bird's eye view photos so we can just print it and connect the flags with lines so we can show the buyers where and how our property looks like. but norvic was out of town on a survey project. but when he gets back this would be the agenda of our meeting.

i then went to bunagan's office to get the sketch plan for our mactan lot. they did have it, but they told me before i pay P3k for copies of the sketch plan, to make sure it's what our buyer wants because it hasn't been subdivided into 1,655sqm and 789sqm. turns out the surveyor is the nephew of our high school principal. i messaged jay manalili (the broker of the mactan buyer) and i'm still waiting for his reply.

i also stopped by atty atup's office to give the hardcopy of the court docs that a previous buyer of toledo gave me. turns out it was still insufficient, so we really need to wait for the court of toledo to find the complete court docs (the court clerk told me to follow up next week). i also told atty atup about what papa told me that he had the DENR categorize our entire toledo properties as industrial zone. atty atup said that whatever category (e.g. RR for residential, etc ...) shows up in tax dec is what DAR has to follow. they will take a look once they get all the tax decs. if the tax dec shows agricultaral, that means we did not follow up to have the tax dec changed.

i also gave atty mark a manager's check for P200k as an advance on the P435k total we need to pay him. attached is the photo of the manager's check.

[edit] 11/26/20 status report

we have a big decision to make. joy de leon (the agent who looked at the toledo properties yesterday) says her buyer wants to buy mambaling for P25 million net (limpyo). they will give 60% down right away, which is P15 million, enough to pay for estate taxes and Ang. allow me to lay out the pros and cons to help you decide. please don't be stressed out with this decision, it's a very normal part of property management and investing. don't forget the total value of the properties using very conservative estimates is P175 million after paying Ang and estate taxes, or P19 million per heir. the P5 million difference from our original price of mambaling is only P555k per heir which is small compared to the P19 million worth of wealth you will soon be inheriting:

pros for selling at P25 million: - we are not 100% sure that tito jojo's buyer will actually push through buying mambaling once the right of way (ROW) has been annotated on the title. - we are not sure if Ang will stay true to his word that we only need to pay P3 million. keep in mind legally Ang can charge P12 million if he wants to by including interest charges of the mortgage. if Ang charges more than we can afford, we will have to sue in court. although according to atty tan we would have a very high chance of winning, it could take years. this means, it's possible mambaling and the 7ha of toledo would be the only properties we can sell before the estate tax amnesty expires. - we are not 100% sure the court will grant us the ROW to cashmere st even with the valid deed of sale. that's because there is already a ROW to avocado st granted to us and annotated on the title which is 4 meters wide, but is now only 2 meters wide because of encroachment by the squatters. we will need to pay off the squatters to demolish the encroachments. the reason why we neglected this encroachment issue is because some of the buyers told us even if the ROW to avocado becomes 4 meters wide (which is wide enough for big trucks to pass), they don't like it because they have to be passing through the squatter area. they really want the ROW to cashmere st. this means if the judge rejects the petition, then most likely mambaling can only sell for P20 million. by selling at P25 million we are transferring the risk to the buyer. - i just sold my vegas house for $140k even if it was appraised at $215k. for 2 years there were no buyers so every 6 months i just kept lowering it by $20k. that means appraisal values don't really mean anything. most brokers usually laugh when i give them the appraisal report because they said appraisals are really meaningless. the value is really what the buyers are willing to pay, which could be more but usually much less. - we agreed to not be too strict on the price for the first property. after we pay the estate tax and Ang and already have enough distribution to alleviate the economic hardships of the heirs, time is now on our side and we can afford to wait for a buyer who would buy at the appraised price. note that if Ang only asks for P4 million, then each heir would soon be receiving around P1.3 million distribution after paying Ang (P4m), estate taxes (P6.5m), atty mark (P430k), and me (P1.7m). - for the past 2 years since 2018, gikom was aggressively trying to sell mambaling for only P21 million. he showed the property to his many contacts who are brokers but they all thought P21 million was to expensive and backed out, even if they assumed the ROW to cashmere was already official. that means P25 million is actually a good price.

cons for selling at P25 million: - the estate tax amnesty deadline is june 2021. which means we can actually afford to wait until march to know the final verdict of the ROW petition (to cashmere). if tito jojo's and joy de leon's buyer backs out, i can pay the estate taxes but everyone will have to do a deed of sale of mambaling or pelaez to me and tita jane so i can be assured i get paid. if not everyone agrees with the deed of sale to me and tita jane, we can get a P7 million loan (P6.5m estate tax and P430k to atty mark) where we collateral mambaling. we will have to pay interest but there's a good chance mambaling will soon be sold especially if we already know the final verdict of the ROW to cashmere. if the court grants the ROW we sell it for P30m and if not, we just sell it for P20 million so we can quickly sell it and not get burned by the interest. the advantage with the deed of sale to me and tita jane is that i never charge interest. that's my gift to the family so you can sleep comfortably even if selling mambaling will take time. - Ang is aware we can counter sue so we don't have to pay him anything because of the error their lawyer made where they did not submit to the court a requirement before the deadline. so there is a chance Ang will only ask for P3 or P4 million. which means guba, pelaez and mactan would now be in play which means we don't have to be desperate with mambaling. - maybe we can first try to remove the squatter encroachments on the current 4 meter wide ROW. maybe a buyer will come along who won't mind the squatters and will be willing to pay higher. - we should wait for Ang's final compromise deal before we decide. if Ang's payment is too high for us, then maybe we should consider accepting the P25 million for mambaling because it may be years before we can sell pelaez, guba and mactan. - by the way we also have no idea when the hearing will be scheduled. atty abellana said it can take between 2 months to 1 year.

[edit] 11/25/20 status report

the buyer of the mactan lot requested a vicinity map with technical description, the tax certified tax dec and the tax clearance. the buyer also wants to personally talk to salvador ang to make sure that we only need to pay P3+m because only document we have is that salvador ang was asking for P6m (in the summons folder that he gave us).

the person in charge in lapu lapu city hall said it's impossible to get the vicinity map unless we get the lot plan from the original surveyor because the property has already been subdivided. he advised to try the surveyor named bunagan who's office is in v gullas st (at the back of USP) across angel's burger. i will go tomorrow to inquire. i was able to get the certified tax dec, which clearly confirms our lot is only 1,655sqm as you can see in the photo. i wasn't able to get the tax clearance because we haven't paid since 1993. the balance is P146K. we will pay this after the buyer gives the downpayment.

my next mission was to find salvador ang. i expected it to be difficult because i remember tita georgia told me none of us ever met Ang. we can only communicate with him through his lawyer. atty tan also told me recently he will try to contact salvador ang's previous lawyer maybe he will know how to contact salvador ang. i remember tita jane told me that she was disappointed at atty tan for giving inconsistent amount regarding how much we need to pay Ang. i told tita jane and tito virgilio why not just ask Ang directly? i remember tito virgilio telling me the things he would tell Ang if only he could talk to Ang face to face, as if talking directly to Ang is something we can only dream about. but today i told tita doris i will be very busy the rest of the week trying to look for Ang. maybe i will hire a private investigor. tita doris was shocked and told me to just go to the styropor office in mandaue because Ang is always there. so i went there and turns out Ang was there. because of the pandemic i only got to talk to him via the phone. he said he still needs to study the documents because he already forgot about everything. his secretary got my number and she said they will call me once they know the exact amount. i did remind them that their last request was P3m.

Ang knows we really don't have to pay him anything, but we will have to sue in court to cancel our debt to him or the lis pendens on the properties which will take long that's why we are choosing to just pay him. Ang's lawyer made a mistake they didn't submit a required document to court before the deadline. that's why Ang cannot just charge us what he wants because if it's too big for us we might decide to just sue in court to cancel the lis pendens.

[edit] 11/24/20 status report

here's the report for my trip to toledo:

the office of the court clerk gave me a contact info and told me to call them a week from now to follow up if they found the court documents for case T-215 and T-318. i offered P5k to the person i was talking to if she can get it for me that same day but she said it will still take a few days for her to find no matter how hard she tried. she also said i will need to be present to figure out which pages to xerox because case documents are usually very thick.

with regards to case r-166, atty atup said they already have what they need in the folder of the court documents we gave him.

i remember the buyer that i met with last january 26 gave me some court documents that he collected regarding our properties. i assumed the documents he gave me were already in the folder of court documents we gave to atty atup. but turns out it did not include the "certificate of finality" of t-318. there were also some lines in the r-166 documents that mentioned t-215. i will email these documents to atty atup just in case it will help them proceed working on our case before the documents from toledo arrives which is at least 1 week from now.

i also met with tita georgia, tita doris and maldo on our 4130 lot (.4ha) along the main highway. turns out it was the only property that was along the main highway. but 3816 (6.1ha) and 4128 (.4ha) is along a baranggay road and around half a kilometer from the main road, so it should still easily fetch for P500/sqm (P32 million). the rest of the properties have no roads just foot paths: 4129 (3.5ha) is around 200 meters from the main highway. 4143 (9.8ha) and 4126 (32ha) is around 800 meters from main highway (4127 (6ha) is inside 4126).

note that our .4ha (lot 4130) along the main highway is also included in the first extrajudicial and estate taxes so after we pay the estate taxes we will have a clean title for this. we should try to sell it for P3k/sqm which totals P12 million.

tita doris told me a while back that water is very scarce around the area and only our lot 3816 property has a tubod or spring. turns out the area is abundant with ground water, not just on our property. i pretended to be a prospector for manila water. the locals told me there is ground water all over the area. you can dig anywhere and always hit ground water. i checked some houses down the hill did have water tanks and a pump which can only mean it's connected to the ground water.

note that i'm not 100% sure the tubod on the photo is the one located on our property. maldo did not accompany me because he said he will be killed if he goes there. maldo said our property is around the dead end of the road, which is 1 km from the main highway. but tita doris also said our property is the one with the tubod, which is only 1/2 km from the main higway. note that 6ha is only around 247 meters X 247 meters.

also to give you an idea on the circumference of our properties in case we plan to fence it, if the 10ha is a square, one side would be around 316 meters. when fencing the 4126 and 4127, the total area is 36ha so if it was a square, one side would be around 616 meters. which mean we will need to spend on (247 x 4) + (316 x 4) + (616 x 4) = 4,716 meters of fence. maybe a simple bamboo posts and a single barbwire will do. or we can just have it surveyed by norvic abella and then hire people to put tall flags on the mohons then fly a drone above to take pictures then we can print it and just connect the flags with a line to show the buyers the birds eye view of our property. we will probably need to pay the baranggay tanods to accompany norvic to ensure their safety.

[edit] 11/23/20 status report

as it turns out the mactan lot is just 1,655 sqm as shown in the list of holdings the BIR used to compute. the title also says we only have 1,655. that means we will be getting only P13.2m, which is still good enough to pay for the estate tax, salvador ang, and me. i measured it and its around 65 steps by 27 steps and my 1 step is around 1 meter so my measurement was around 1,700 sqm. the 789 sqm is owned by booc and hipolito (who happens to be the biological grandmother of agnes my adopted sister). we went to their house and actually they said agnes lived with them on off for years but keeps quarrelling with them. they said they are also willing to sell at 8k/sqm so we don't need to partition the title. the buyer requested the lot plan which i will get from lapu lapu city hall on wednesday morning because i will need to go to toledo tomorrow.

i also realized the reason why buyers are backing out from buying our properties is because of the lis pendens with salvador ang. i will pay salvador ang the P3+m asap so we can get the lis pendens removed and after that i'm sure either guba or pelaez will easily get sold. this is also atty tan's advise when i talked to him today.

let me clear up the mactan property area confusion. when i first got involved i was asking everyone including atty tan why the extrajudicial says mactan is 2,444 sqm while the title and list of holdings says we only own 1,655. the reply i heard was the persons mentioned in the title, booc and hipolito don't own the 789sqm portion anymore. when we visited the property, the caretaker, betty said we own the entire 2,444 property. nobody ever went there to try to claim or sell any portion of the property that lola entrusted to her. they buyer told us that if that's true there has to be a supporting document saying the share of booc and hipolito in the title is cancelled. i told them we already filed for estate taxes and the list of holdings and BIR computation shows we only own 1,655sqm. the buyer said it's possible the title we have is out of date so he went to get a certified true copy. he had connections in lapu-lapu city hall so after 30 minutes he came back with the certified true copy and it did indicate that we only own 1,655sqm while booc and hipolito owns the 789sqm. we went back to the property and betty the caretaker told us she is sure booc and hipolito don't own any property their anymore because they sold it to a person named bagiou and bagiou's property, which betty says is around 700+ sqm, is not part of our 2,444 sqm property. she insisted we own the entire 2,444 sqm. i asked her to show me the boundaries or mohon, i measured it because i know my 1 step is 1 meter (as a golfer i have to be good at measuring distances with my legs because i'm too cheap to buy a range finder). it was 65m by 27m which is around 1,755sqm. so that means it's true that nobody else owns the property betty was guarding, but it's just 1,655sqm (of course my legs are not that accurate). but to sell the property, the heirs of booc and hipolito also has to sell their 789sqm or else we have to break up the title so we can sell our 1,655sqm. so betty brought us to the surviving heirs of booc and hipolito who was just living nearby. i told them my adopted sister agnes was a hipolito and they shouted "hala !!! lola na ni agnes ang hipolito na naa sa title. ni puyo na si agnes namo pero ga cge ug pangaway na liwat na sa iya papa problematic kaayo". the biological father of agnes is already dead so that means for us to sell the mactan property, we need approval from agnes. just kidding. agnes has no right because we adopted her. also, when we mentioned the property they were all surprised. this is the first time they heard about the property and it's the first time they ever saw the title. that means atty tan was right that booc and hipolito don't own the 789sqm. and betty was right that booc and hipolito already sold their 789sqm to bagiou. but that does not mean we own the entire 2,444sqm. to clear up the confusion, we only own 1,655sqm. to confirm who now owns the 789sqm (because they need to also sell or else we need to wait after paying the estate taxes to get our own separate title), the buyer suggested we get the vicinity map with technical description, taxdec, certified true copy and tax clearance. the buyer said to bring 2k so we get them in less than an hour or else we will have to come back 3 days later to get it. he said it has to be a direct heir and he will just be there to introduce us to the fixers. tita georgia has an LGU pass so she and tita doris can go maybe wednesday. i will give the 2k tomorrow when we go to toledo to meet with the buyers.

[edit] 11/23/20 super good news for tita georgia and tito michael

i just talked to atty tan. he is willing to receive cash P15m they give up mactan and front lawn of main house. there is a big chance the owner of frontage of mactan will give us 20m this month because he needs it for parking. note a few buyers already looked at the property and backed out from our 15m offer. that means 20m is a good deal


[edit] 11/22/20 status report

very good news. the BIR official computations and compromise with atty mark's contact in the BIR has been finalized. our payment to atty mark and his contact has been finalized. the 3 extrajudicials have been finalized. the heirs can now start signing the extrajudicials. i also found a way to beat the amnesty deadline even if we can't sell a property.

before we can pay the estate taxes, the BIR would need all the TIN numbers of all the heirs and also the TIN numbers of lolo, lola, tito gerry and tito bertie. for those who don't have a TIN, we can easily get one at the nearest BIR office or online. it's free and usually only takes 30 minutes. here's the instructions - https://filipiknow.net/bir-form-1904/. christian, you need to get a TIN for abigail, tita luz and tito gerry. i will also get one for my dad. tita doris will get one for lolo, lola, tito mike and tita jane. joanne will get the TIN for tito bertie.

attached is the official computation of the BIR based on official fair market values (FMV) and zonal values. the total estate tax is P10.9 million. the BIR contact says they can adjust the FMV and zonal values so we only have to pay P6 million. tito gerry's estate tax is P255k and tito bertie's estate tax is P235k (we will pay it together with the P6m and just deduct it from their share when a property is sold). so total estate tax is P6,490,000.

note this only includes the 7 hectars of toledo. after atty atup transfers the rest of the 52 hectars under the name of the heirs then we create another extrajudicial for toledo and pay the remaining estate taxes. atty atup says he can resolve the issues and transfer it under your names by december. i also found a plan to get the best value from toledo. i will explain it later.

we should be very happy and feel super lucky that there is an amnesty. notice in the BIR computation that without the amnesty, we would need to pay a whopping P63 million.

we should also feel thankful to atty mark that he has a contact that brought it down further to just P6 million. the final compensation to atty mark, including the processing of the 3 extrajudicials and BIR computations (which includes mobilization fee) is P435k. also note that later on atty mark will be charging P40k to process each titling. most lawyers charge P50k but atty mark is only charging the IBP standard fee which is P40k. attached is the atty mark's billing for the 3 extrajudicials, mobilization for the requirements and processing in the BIR.

so the grand total is P6,925,000 or ~P7m. we need to pay salvador ang P3m so we need to come up with P10m.

i have high hopes that mambaling (P34m) or guba (P14m) will be sold before the amnesty deadline in may 2021. note i offered pelaez for P20 million to interested buyers but there were no takers. this means the pelaez value is actually lower than P20 million. from now on if someone offers P20 million for pelaez we should jump on that offer. it just makes sense because if the value is let's say P25 million, why did chinese speculators back out on our P20m offer?

i also offered the mactan lot to chinese investors and speculators for P15 million but after learning there is no right of way for automobiles (just a foot path) they all backed out. this means the mactan lot value is lower than P15m. i know the mactan lot is suppose to go to the soza firm. i was pretending to sell it only to get a feel of how much we are actually paying the soza firm. also my plan was that if someone offered P15m for the mactan lot, i will try to negotiate with atty tan by offering him P15m in cash and he gives up their claim to mactan and the front lawn of the main house. it was just an attempt to try to get back the front lawn for tita georgia and tito mike. by the way i googled it and found out contingency fees are usually 1/3 (or 33%) of the recovered properties, so this explains why we are giving 300sqm of the ~1,300 sqm of the main house to the sosas. this also means giving the mactan lot to the sosas as contingency fee is actually just and fair considering they recovered mactan (P15m), pelaez (P20m), tita doris' house (P6m), guba (P14m) and the 193 sqm pagina property (P2m), for a total of P57m so the mactan lot is roughly 1/3.

one of the interested buyers of mambaling will try to help us expedite the scheduling of the hearing for the right of way of mambaling. he says he knows people in quimoda justice hall. on monday i will go to atty abellana's office to get the case number of the right of way petition so i can give it to the buyer so he can help us. i told the buyer that our budget is around P50k to give to the insider in quimoda who successfully helps us schedule the hearing by december. (keep in mind that tito jojo's buyer is ready to pay P34m for mambaling once the right of way is annotated on the title)

in case we can't sell a property by january, i propose me and tita jane will come up with the P10 million (P5m each) but to ensure we get paid, one of the properties will be assigned to both of us via a deed of assignment or "mock" deed of sale. maybe the guba or pelaez property. it's just by word of honor that once there is a buyer, we will get our P10m (and also my P1.7m for redeeming pelaez and other expenses) before dividing the rest to the 9 heirs. i'm confident by febuary tita jane can get the vaccine so she can safely come to cebu. my mom and dad is even coming to cebu this december 19 even without being vaccinated.

tita jane's reply:

So sorry Ian, the money belongs to your Tito Gerald and it is invested in stocks and there is a big penalty to take it out. The most important thing is that Gerald worked hard for that money for retirement and our emergency money. We have to take care of ourselves for when your Tito Gerald and I helped Mama’s highway construction in Butuan and Iloilo Gerald was never paid a penny. We have to take care of the employees for food. The other members of the family left the construction site and withdrew all the money in the bank and didn’t leave us a penny. Gerald has to go to Cagayan to ask money for our food and to prepare for our relocation for the owner of the house repossessed our furnitures. We never heard from any of the members of our family asking how we’re doing. I won’t dare ask your Tito Gerald for it is not mine. Nitagam na si Tito Gerald nimo.

ian's reply:

tita jane, i totally understand. don't worry about it anyway there is a big chance one of the properties will get sold soon which means there is no need for anyone to come up with the p10 million.. and if worse come to worse i can just shoulder the P10 million. as long as it's ok with everyone that one of the properties like guba or pelaez is temporarily assigned to me via deed of assignment so when a property gets sold i am assured i get paid. maybe everyone will feel more comfortable if pelaez is assigned to both you (tita jane) and me even if i'm the only one who will shoulder the P10 million? i have no problem with that.

by the way i just came from tito virgilio's house to let him know we will be signing the extrajudicials soon . i was knocking on the gate for 15 minutes i also stood on the hood of my car so in case someone was there they can see that it's me. in case tito virgilio can't be contacted, can someone give me the contact info of monica, frannie or doreen? last i heard they are in cebu. i know sheryll is in manila. maybe we can correspond with tito virgilio through his kids because if tito virgilio can't be contacted to sign the extrajudicials then everything will fall apart you literally lose all the properties if we can't meet the estate tax amnesty deadline which is may 2021.

[edit] 11/20/20 toledo status

i did more analysis on our toledo properties and thought of a plan on how we can get the optimal value. first let me break down the status of our toledo properties. i attached the sketch map.

originally we had 86ha. 27ha of lot 4126 was carped. atty atup, who is renowned for recovering the CARPed properties of the lhuillers, says there is a chance, albeit very small, that we might be able to recover the 27ha. he says DAR is notorious for ignoring the "agricultural land" classification. note that each heir is entitled to 5ha of agricultural land. so if out of our 86ha, only 45ha is agricultural, that means we are entitled to 9 heirs X 5ha = 45ha so it was illegal for them to CARP our 27ha. atty atup's firm is currently investigating this. he said we will know the status by december. i already gave P21.5k to atty atup for the consulatation and mobilization fees. atty atup said that if DAR made an error, they will proceed to recover the 27ha and they will just ask for contingency fee as compensation. note we've been try to sell toledo for 2 years now offering P150/sqm but buyers were only willing to pay P100/sqm. but if it's already recovered and titled under out name i think we can sell if for P200/sqm. note that if we do recover it, 1/3 of it will go to atty atup. so we only get around 18ha. but the value is still P36m or P4m per heir. but there is only a very small chance it gets recovered so forget about this.

that leaves us with 59ha. however, lot 4143 (9.8ha) was distributed by DAR to the farmers. the farmers already have titles issued by DAR and are even trying to sell them (even if the titles were clearly marked "can't be sold). i let the head of legal dept of DAR (atty guanzon) review the court papers and she said we won the case and the entire 4143 should belong to us. what happened was that DAR wrongly distributed it to the farmers while the case was still ongoing. atty atup is currently trying to recover it and put it under the names of the heirs. atty atup says he is highly confident we will get back lot 4143. his firm was also willing to get contingency fee as compensation. contingency fee is usually 1/3 of the recovered property so expect lot 4143 to be down to just around P6.5ha best case scenario. at P200/sqm, that's P12 million (down from P19m) or P1.3m per heir.

atty atup is also in the processing of transfering the remaining 32.6ha of lot 4126 to your names because it won't show up in the list of holdings that's why we can't pay estate taxes for it yet. same with lot 4127 (6ha), and lot 4129 (3.5ha). that's 42.1ha total. at P200/sqm that would be P84 million total, or P9.3m per heir. what's weird is 4129 is titled under lolo and lola's name but still won't show up in the list of holdings. but the BIR can't process anything that does not appear in the list of holdings because after the estate taxes are paid, they are obligated to give us a CAR of each property which is as good as a title because it's now just a matter of processing to get it titled. atty atup says by december it should already be under your names so we can process the extrajuducial and pay the estate taxes.

that leaves us with just 7ha that shows up in the list of holdings and is being included in the first extrajudicial. this is lot 3816 (6.1ha), 3817 (0.122ha), 4130-E (.4ha) and 3820-prt (.4ha). 7ha might seem depressingly small but this 7ha could actually be the most lucrative property of our entire estate. if you look at the sketch map, all these properties are right by the main highway (uling-naga road). i think i know the reason why lolo and lola made sure these are under their names while they kinda neglected the other 80ha. before the pandemic i was negotiating with a buyer from manila. we were having lunch at gerry's grill in robinsons. i told them the heirs would not accept anything under P150/sqm. but the buyer was only willing to pay P100/sqm.

then tita doris told me that tito virgilio got a text from a buyer who was interested in buying our toledo property for a mind boggling P3,000/sqm. i laughed so hard i thought the person who texted was just joking. but when me tita jane and tito virgilio were eating at lola conchings, tito virgilio did confirm he got that text. i remember tito virgilio even said he will be very happy with just P600/sqm. but now i realized, that mystery texter was probably looking at our 7ha properties by the highway. today i looked at properties for sale around poog toledo and found out that although farmlands around toledo are selling for only P200 to P400 /sqm, there was a 200sqm property by the highway near our property that was selling for a whopping P10,000/sqm. that means that P3,000/sqm was actually realistic. however there are bigger properties for sale also by the highway going for only P1,000/sqm. if we use that as a conservative valuation, that means our 7ha can easily fetch for P70 million, or P7.7m per heir. WOW !!! what's amazing is this 7ha is under the list of holdings and is included in the first extrajudicial so after we pay the estate taxes, we can have it titled under your names. my plan is to fence this 7ha and sell it at P1k/sqm while continuing to try to sell the rest of 52ha for P200/sqm or even P150/sqm. we can fence cheaply with just a simple barbwire just to make it easy to show the buyers where the boundaries are.

[edit] 11/4/20 status report

when i went to atty atup today to set an appointment he said he read my email and told me there is no need for a meeting because transferring the tax decs under the names of the heirs is already part of their to do tasks. therefore we don't need to pay extra. he also said before december we should have the complete requirements to pay for the toledo estate taxes.

also andrea (mikmik) is going to NSO tomorrow to get the death certificates of tito gerry and tito bertie. joan already gave andrea the authorization letter.

also atty atup will emali me a request letter for the court in toledo to give us the court decisions of the 2 other toledo case. as it turns out there were 3 case that we won. the copies we gave them in the first meeting was just 1 of the cases. once i get the email, i will print it and me and tita doris will go to toledo to get it.

[edit] 11/3/20 status report

i had a meeting with atty mark today. there's 3 important things you all need to know:

1) the BIR required that e dungan kuno ang pag file sa extrajudicial ni tito gerry ug tito bertie kay apil man ila heirs sa extrajudicial ni lolo ug lola. they need the death certificates of tito gerry and tito bertie. if no one has it let me know so i can help the heirs get it from NSO in gaisano capital branch. i think you can also get it online.

2) the BIR also said it will be much quicker to process the estate taxes if we exclude the donation of the main house to tita georgia and tito mike from the extrajudicial. we just make a separate deed of donation to tita georgia and tito mike which everyone will also sign together with the extrajudicial but we don't submit it to the BIR. but it's still the family who pays for the capital gains because it's just fair since all other heirs never had to pay for the capital gains of their house in the compound since it was lolo and lola who paid for it.

3) there are 4 toledo properties (totaling 51ha) that the BIR cannot include because although we have the tax decs, they are not under the name of lolo and lola. the BIR suggested we just exclude it for now and work with a lawyer in putting the tax decs under the name of lolo and lola (since we already won the court case and we have the finality). i will email atty atup to schedule a meeting with him to discuss this issue. note this will be a separate task and i'm sure would require separate lawyers fees.

[edit] 10/31/20 message

i'm not trying to pick on anyone just trying to help everyone avoid stress because i'm aware many of us have different health risks. it just takes a few minutes to scroll back and read and it goes a long way in avoiding stress and unnecessary ill feelings towards each other from misunderstanding and false worries on the status of our properties because of lack of very small information that just takes 2 minutes to read. my point is if you spend 2 minutes to read it will avoid weeks of stress. that's a very good trade off. i was also giving the suggestion to tita jane not just you which she admits sometimes she does not scroll back that's why she misunderstood me and accused me of trying to sabotage the right of way of mambaling even if i just posted that i bribed the 2 secretaries P10k each just to prioritize the filing of the petition. you don't need to comment or react. what's important is you read it and only comment if you have any questions. i followed up with the others privately and they tell me they do read my messages and they are up to date of what is going on. so when i talked to you privately you told me you did not see some of the important messages i was talking about in our conversation that's why i asked you to scroll back and you did admit you just missed it. also it's very important you don't become offended or insulted with the things i say here. i assure you everything i say here is necessary to meet our objectives and help you meet your goals. we need to distinguish productive criticism from non productive criticism and we need to realize non of us are perfect and we all have our own strenghts and weaknesses and we need each other to learn from each other. let's all be open to criticism and communicate with each other productively so that we avoid stress and we can meet our objectives.

i hope you all understand fully what i just wrote. it will reduce a lot of stress in making future critical decisions.


[edit] super super super good news on inheritance tax (6/14/20)

very very very very very very very very very very very very very very very very very very very very good news. the inheritance tax has been computed and ready to be paid as soon as the extra-judicial is signed. here are computations from the BIR: https://photos.app.goo.gl/73WfC77ifzdXKsnD7 (lola's), https://photos.app.goo.gl/EvPhDYJTKRroJUoL8 (lolo's).

as you can see, without the amnesty, we are suppose to pay P53 million (P9.5 million + P43.5 million in interest/penalties). because of the amnesty, the tax is just P9.5 million. the BIR got it down to just P2.8 million. let it make it clear - we only need to pay P2.8 million in inheritance taxes. me and tita jane have that money in case we can't sell mambaling before the june 2021 amnesty deadline so the properties are now technically safe. we are very very very very very lucky we have the amnesty. duterte literally saved the crystal properties. our family is so lucky and blessed.

this means lolo and lola's palanggas will soon enjoy the the fruits of their hardwork and sacrifices. there are no more unavoidable obstacles or showstoppers. lolo and lola's planggas will soon have economic security - funds for medical emergencies, alleviate their economic difficulties, and live life to the fullest - pursue hobbies, take up a sport, art, music, do charity work, church activities, travel, etc ... it broke my heart to learn that after all the things tito mike did for me that made me very successful, he was not able to attend their recent la salle reunion because he did not have enough money. i feel i don't want to give up the mactan lot to the the sosa firm, but contesting the written agreement will prolong the economic hardships of some of my aunts and uncles and it would endanger their life because they won't have emergency funds for unforseen medical treatments. real kindness is when you are ready to give up something you want just to help others (according to a 3 minute film that won an oscar for best animated movie).

luckily we are finally near the finish line. all we have to do is take those few extra steps. none of this would have been possible if it wasn't for the guidance and expertise of tita jane and tito virgilio. note i'm just an errand boy for this whole thing. when i first got involved, i didn't even know what was a manager's check. tita jane had to explain things to me because i'm so ignorant with these matters. they even had to explain to me what is an extrajudicial settlement. we should also thank the sosa law firm for recovering many of our properties from Ang.

we are also very lucky that i'm a very close buddy of atty mark tolentino who was the provincial administrator of the 2 term governor and current vice governor of cebu. his power and influence got things going even if we did not have a signed extrajudicial and the complete documents such as the titles of toledo and the properties that are with Ang. at first he was too busy to help us but i offered about 10% of the savings as payment for his services. the advanced payments i gave atty mark so far have totaled P105k as an incentive for him to expedite the processing. with the P6.7 million in savings (P9.5 million - P2.8 million), i expect to pay atty mark P670k. although we didn't have a written agreement and nothing is set in stone. most likely he will probably ask for P300k excluding whatever they need to give their contacts in the BIR. the good news is if you divide among 9 heirs, it's just P35k per heir, which is very small compared to the P19 million in cash and properties each heir will be receiving. but note you are not paying P35k, we are actually saving P6.7 million because of the favorable computation. we are also saving billions in terms of quality of life for the next year because from now on you will be happy thinking our properties are now safe instead of worrying constantly because of the UNKNOWN. or worrying the we won't be able to beat the amnesty deadline if we can't sell mambaling, especially it's much harder to sell now because of the coronavirus pandemic. we now have peace of mind. as we all know, stress and worries can lower our immune system and lead to cancer so the intangible benefits will go a long way.

it's also fair that all heirs share in the expense of titling of the main house to be under tita georgia and tito mike's name because lolo and lola spent for the titling of the crystal compound properties for all other heirs. the standard titling expense is usually P50k. if we let atty mark do it, the expense is just P40k per title. i suggest we let atty mark do the titling of all the properties including the main house because they already have the contacts to do this fast. if you approve i will shoulder the expenses if mambaling is not yet sold.

also, the BIR told us we cannot sell any property unless the heirs of tito gerry and tito bertie pay the inheritance tax first. i also suggest we let atty mark process this to get a favorable computation. we just need to pay him a small percentage of what the heirs save in taxes. the advantage of atty mark is the speed of processing. imagine the inheritance tax continued to be processed even at the height of the coronavirus pandemic.

i also wish all the heirs will agree to refund all my expenses. all my expenses are recorded in our wiki for everyone to see and i kept the receipts. note that we just saved P50 million and what you need to pay me is just a tiny percentage compared to the Pmillions of inheritance you will be receiving. and note that i'm not asking anything for my efforts, just the refund for my expenses. i'm just doing this to honor lolo and lola. i didn't bother with written agreements because time was of the essence. i'm worried some of you may not agree with my ways. example we needed to apply for 2 tax decs and annotate the title number on an existing tax dec but the toledo assessors office won't entertain us because they had a quarrel with our family in the past involving shouting at each other in the assessors office. tita georgia tried to get a court order but she was just bounced around the offices in capitol. so i simply offered P10k for each document we need and BOOM it just took a few minutes to give us what we need and they suddenly became our dear friend and ally even if they are the close relatives of the families we had a land dispute with.

when the deadline for redeeming the back taxes of pelaez property (~P30 million) expired, and the property was about to be auctioned, the P2 million i wired from the states would take 2 weeks so i made a deal just to keep it from being auctioned. the deal cost me P100k but we saved the ~P30 million pelaez property. they also got the taxes and penalties down to just P1.3 million so again, by spending P100k we actually saved about P700k. but tito virgilio did not agree with what i did, contending that i made a mistake because a law was about to be passed in congress where we don't have to pay the back taxes anymore. i consulted my lawyer friends but they said there is no such law. the amnesty law that already came out was just for inheritance taxes, not property taxes. that means it is fair i get refunded for the P1.3 million. it was a relief for me when tita jane promised she will convince the other heirs to approve my refund. whew !!!

note that when mamabaling is sold, each heir will be receiving P2.5 million total after paying all debts including mine (P30 million - P2.8 mllion inheritance tax - P3 million to Ang - P1.675 million to me / 9 heirs = P2.5 million). note that it will be much easier to sell mambaling once we get the right of way. my plan is to bribe the baranggay captain and head of ROD to annotate it on the title. note there already is a deed of sale for the right of way, it just wasn't annotated on the title. we already paid for it. besides, right of way is the law so we are not doing anything illegal. we are just expediting something that is our right.

many of you don't really know me personally since i've been away for 30 years. i would understand if you suspect i'm trying to embezzle or rip off the family. but tita jane and tito mike can attest to you these things are beneath me. i hate to boast or show off but i guess i have no choice because it's the only way for you to trust me moving forward. my net worth is around $2 million or P100 million. i own 3 fully paid house and lots in the states, and 2 fully paid properties here in cebu. i also have around $500k in retirement portfolio. i can show you the statements and titles if you wish to verify. i earned and achieved all these all on my own despite having serious and debilitating health issues and sufferings since childhood. i retired at age 39 and in 10 years i doubled my net worth so that should prove my competence and abilities in getting things done. also remember around december i was messaging everyone that we must act quickly while the property values are still high because so many things could possibly happen that could cause the economy to crash and it will be more difficult to sell. then the covid19 pandemic happens. so maybe i'm really gifted with good judgement, foresight and foreskin.

i'm not also doing this for my parents. it's for my dear aunts and uncles who are suffering economic hardships and have medical conditions that might need expensive medical treatment that might save their life. in fact my parents have not been paying attention to the properties lately and just letting me handle everything because just recently the owner of unitop is offering my mom P30 million to buy out her share of the building in colon. also, a buyer for my lola laling's property in bohol has already committed and gave the down payment to buy the property for P100 million where my mom will be receiving P20 million. and if all heirs sign the extrajudicial, you will soon be receiving P19 million worth of inheritance

if it wasn't for tita jane, tito gerald, and tito mike, i'm sure i would be very poor right now because it was them who helped me for 2 years in america until i luckily landed a very high paying job. for 2 years they literally fed me and provided a roof on top of my head. i finally got a minimum wage job. my minimum wage job was at vallejo and the job fair was at san jose which is about 2 hours apart so i decided not to attend the job fair because my car was very junky and unreliable but tito mike insisted i use his brand new pathfinder so i can attend the job fair. he didn't mind driving my junky car that day to work just so i have the chance to attend the job fair. it was in that job fair that i miraculously landed the very high paying job. you see what happens if we simply love each other and truly care for each other as what God, lolo and lola wants us to do?

tita georgia and tita doris can also attest my very simple and cheap lifestyle. you can also look at my facebook photos and posts to verify my cheap lifestyle. i'm not materialistic and i'm very content and happy with my life. i don't care about being liked or respected. i don't care about social status. i just enjoy helping and mentoring then needy. i have everything i need and achieved everything i want to achieve. this is why i now have time to honor lolo and lola by being the errand boy for the family properties. it was through the guidance and expertise of tita jane and tito virgilio that we have reached this important milestone, but i did most of the legwork.

it would really make me feel better if after reading this each of you will post your vote in this chat group on whether to refund me or not. if you disagree with my style of getting things done, allow me to explain my decisions. i believe my uncles and aunts are very competent. so i was wondering how we ended up owing P53 million in taxes instead of just P9.5 million (if it wasn't for duterte's amnesty law). also i was wondering how we let 20 years go by without paying the pelaez taxes. i thought that maybe, there is something wrong with the system, and therefore if we do everything standard or by the book, we will not succeed and end up losing everything. so i tried a different approach, taking advantage of my knowledge of human nature and personalities of filipinos. fortunately, my methods worked. so it's just fair that i get refunded.

example in the philippines a lawyer is really just a technical consultant. that is why for many years there was no progress with our family properties. we have to do the heavy lifting. i spent a week reading through all the court documents line by line to understand fully what's going on and what needs to be done. there were 3 questions i needed to ask atty camiso so i visited his office and asked the questions. he yelled "HAY SALAMAT DUNA NA GYUD NINYO KAMAO MO BASA". i was shocked at what he said. i told him many of my elders are very educated they even have ateneo degrees of course they know how to read.

we will continue to need atty mark's influence in the registry of deeds to speed up the creation of new titles under the name of the heirs so it will be easy to sell or subdivide the properties later on. the standard is P50k per title and luckily for us, he just asked for P40k because we are close friends. but we don't need to worry about the new titles for now i'm just giving you the good news that it would be fast and easy for us to create the new titles. but if you choose to do it ourselves, it's ok. the cost will just be a bit more expensive and it will take much longer. at least the properties are now secure and safe.

before you celebrate, note that all these blessings can still go to waste and we could still end up owing P53 million. but the good news is our destiny is now within our hands and within our control. we just have to make a choice to sign the extrajudicial.

i'm still worried because there is an EMOTIONAL OBSTACLE or hurdle we first need to overcome. personally, i have an overwhelming urge to contest the mactan property and the main house front lawn agreement because it pains me to visit crystal compound and realize the front lawn where i grew up playing soccer and dodge ball now belongs to someone outside our family. but i also realized that if we try to contest it, the outcome will at best be the same (if we are very lucky) and the many months of court hearings will only give me more pain and stress, and it will probably just give me cancer or heart disease. not to mention the legal and lawyer fees.

first, if you divide the value of the mactan lot and front lawn into 9 heirs, it will actually just be a small percentage of the total wealth you will be inheriting. the toledo properties by itself can easily fetch P120 million conservative at P200/sqm. tito virgilio says it can sell for P600/sqm so it could possibly fetch for P360 million which is P40 million per heir.

i also think not honoring an agreement is wrong and immoral and will be bad for all of us. it's like smoking. many great and very smart people have the urge to smoke even if it causes cancer. i expect that many of you would have the same feelings as me. so i want to share with you how i demolished this obstacle or how i came to accept reality and just move on and do the simple things that would resolve all the properties so lolo and lola's palanggas can finally enjoy economic security and prosperity.

besides the sosa's successfully served us for 3 decades and we haven't paid anything to them in exchange for the tens of millions of properties they recovered for us. it was a miracle that the sosas recovered pelaez, guba, tita doris' house, the property in san nicolas and the main house. lola already signed the deed of sale for these properties, received the money and surrendered the titles. i was so shocked when i saw the deed of sales that had lola's signature. it's a miracle that the sosas were able to recover these properties and all we promised them was the mactan lot which have no right of way, lots of squatters and low value at that time in 1999. the deal was very fair at that time. if we contest the written agreement the judge will probably laugh at us for being delusional.

if we choose to contest the lawyer fee written agreement where the mactan lot and main house front lawn goes to the Sosa firm, this will only cause a delay and we won't be able to beat the amnesty deadline which is june 2021. i also consulted my other lawyer friends and showed them the written agreement - they said there is no chance we can win so in the end we can still end up losing the mactan lot and front lawn to the sosas and owe P53 million to the BIR. lolo's thumb print actually strengthens the validity of the agreement because it proved he was comatose at the time of signing which validates the signatures of papa and tito gerry.

sometimes we just have to think clearly to be able to accept something that we have no control over. here is my train of throught :

1) when the written agreements were signed, tito gerry and papa were at the peak of their careers and possessed very good judgement and decision making abilities.

2) tito gerry and papa had the family's best interest at heart. of course because they have a share of the inheritance so if ma alakansi ang family, alakansi pud sila

3) at that time, it wasn't wrong for tito gerry and papa to go on with the decision without consulting other family members because there really is no knowledge or expertise other family members have that they don't have. at that time the entire family trusts both of them. so if i was one of the heirs and i was being consulted or asked to sign the agreement, i would just have went with whatever papa and tito gerry decided.

4) the mactan properties at that time were very cheap. also there was no other option - the only possible property to put in the agreement as payment for legal services would have been pelaez which is more valuable considering it's income generating. the mactan lot has issues with right of way and squatters so we were even lucky the sosas accepted the deal.

IMAGINE YOURSELF IN 1999 to find out if you would have signed it or not. don't use the facts today to find out what you would have done.

if i spend time agonizing over the mactan lot and the front lawn, which is just a small percentage compared to the total wealth you will soon be inheriting, then might as well be poor. poor people in the slums who have nothing would be luckier than me. instead of being thankful and happy that we are about to receive a miraculous gift from all the hadwork and sacrifices of lolo and lola, the properites actually would be making us angry and uhappy and probably give us cancer and heart disease. poor people in the slums are better off because they have no worries. they are happy just to have something to eat. it's ridiculous that poor people in the slums would live happier and content life despite all my blessings in life and the many millions we will be inheriting simply because i refuse to accept something that is inevitable.

i remember i used to join the willkoms in hayward in pooling our lotto tickets to have a better chance of winning. we prayed and wished we win. but now it's really like we all won the lotto. each heir just needs to sign the extrajudicial so we can all enjoy our wealth and forget about the past mistakes. if we choose to contest the agreement, it's like we are choosing to burn our lotto winnings and wallow in the stress and disappointments of endless court hearings

after many months of attending court hearings, paying big money to a lawyer who might possibly be bought off and connive with our opponents (considering the sosas have many close connections we are not aware of), we could easily end up losing because of the written agreement. and even if we win, we will still end up paying millions because there is a "quantum meruit" law that states in an absence of an agreement or cancelled agreement, the lawyer is entitled to at least 10% (possibly more) of all the recovered properties. so if we are very very very lucky and we end up winning, our gain is very small because we still have to pay the sosas millions. that's called very small upside, but very very very huge downside.

in my opinion, we should just sign the latest extrajudicial so all the issues would be resolved once and for all.

i'm not a lawyer. these are just my opinions. but that's no problem. we just need to consult a lawyer. but it has to be a lawyer we can trust. you probably heard the story about a prominent lawyer who retired and his son took over his law firm. after a few months, his son told him, "dad, you should be very proud of me because i closed the case of our biggest client. i managed to reconcile their family conflicts and now our client is very happy". the father replies, "YOU IDIOT !!! that case paid for your college, it paid for our house and it paid for our BMW. now because you resolved it and closed it that big continuous flow of income is gone !!!".

the moral of the story is that if you consult a lawyer whether we should contest the written agreements of the front lawn and mactan lot, of course the lawyer would recommend that we contest it. fortunately for us, tito gerald has relatives who are the top lawyers in the philippines and has his best interest at heart. tita jane just needs to consult them. show the written agreement. here's a copy for anyone to download - https://photos.app.goo.gl/8SRTEYC29vZLjEAt7

please, post your opinion here as soon as possible. let's get this resolved as soon as possible because it could save the life of your sibling who might need a very expensive medical care or treatment. it would alleviate the economic sufferings of the super palanggas of lolo and lola. lolo and lola will be very sad and disappointed if we further delay the resolving of the properties just for our useless emotional needs. this is not complicated. it's very simple. be kind to yourself and choose a decision that won't make you suffer. choose a decision that gives you a much happier life. choose a decision that will help the economic hardships of your siblings and potentially save the life of your siblings.

life has so much to offer instead of wasting time stressing over these properties. you could go boating, travel, join church groups, spend time with your kids and grand kids, take up a musical or art hobby, start a small fun business, slowly develop your properties in a fun and non risky way. you could organize family reunions which i would be very happy to attend. many of you know by now know i really love talking about our past and blessings of our family. i love giving all of you advice on how to eat healthy and avoid stress because i want you all to live long, healthy and happy lives.

let's avoid further headaches and stress that will just give us cancer and heart disease. let's just do what's obviously straightforward and simple and what's good for us so we can live longer lives and you can still be alive to witness the ultimate joy and happiness of seeing your grandkids or even great grand kids walk on stage during their college graduation ceremonies. these are what's really important in life.

before you post your opinions here, think it through. talk to your other siblings or close friends who are experts. consult your kids who are very successful in life because that means they possess good judgement and decision making skills, especially that they they love you and have your best interest at heart. example, i talked to abigail because i feel she is very strong, smart and has very good judgement. she told me she does not believe our properties will ever be resolved. i asked her why. she told me as much as it would give her joy and happiness that the properties will be resolved because it will help her siblings, she feels our family is CURSED. honeslty, i feel the same way as abigail. but from what i know about curses is that one of the ways to end a curse is when people realize they are cursed and they step up and go against their emotions to end or sumpa the curse. i think this curse is manifested in very strong emotions that is boiling inside of us.

i think what currently is going on is "the devil" doing it's devious work and tricks by manufacturing our very strong emotions that make us continue to quarrel and hate each other. it's very devious because the devil disguises the emotions or wraps it around a cloak of principles and justice so we will proudly proclaim, "I'M SIMPLY DOING WHAT IS RIGHT" but in reality we are making lolo and lola's palanggas continue to UNNECESSARILY suffer economically and endangering their life by not having funds for emergency medical treatments. thankfully there is also god and angels and saints who could help us if we ask for their help. fortunately, many in our family have been praying, attending mass, praying the novena and rosary, attending church activities and services. maybe what i'm writing here is the answer to all your prayers or some sort of divine intervention .

at first i thought it's impossible because why would God pick me when it's obvious i'm a very immoral person? i'm the kind of person who nobody should listen to and respect. i'm basically a worthless human being or a cockroach roaming this earth. but then i realized many great saints and apostles were also terrible sinners and criminals such as st matheew, st augustine and st mary of egypt. maybe it's another one of those confusing things God CHALLENGES us to do that we will never understand.

it's like there is a flood and you are drowning and God sent a life boat through me. you just need to climb on the lifeboat. for me the decision is very simple. are you going to climb on the lifeboat or will we just give in to the devil and allow him to drown our spirit and soul?

i feel the devil was laughing at me as i was writing this because he thought i'm going to approach each one of you individually to get your opinion. all the devil has to do is pump up your PRIDE and EMOTIONS and instill in your brain that what i'm writing here is stupid. the devil will tempt you to cherry pick what i'm saying and take them out of context that will cause you to be very angry at me. so he can continue to rejoice and laugh at us quarreling and hating each other. this is what the devil has been doing all this time. but the devil forgot a very powerful weapon God has given to families - the power of family unity. the old adage - united we stand, divided we fall. i won't allow the devil to use the divide and conquer strategy. so i decided to form this group so all opinions can be heard by everyone. this will weaken the devil's power and influence and give us a fighting chance to end the devil's curse once and for all.

when all the property issues have been resolved, i can't wait for the devil to be crying in agony and defeat as he watches our family celebrate in one of those delicious super restaurants in cebu grand convention. when families work together, satan gets a headache. when families celebrate dinner and pray, satan faints. i would also like to use the dinner get together to give an inspirational speech and mentor tita doris, tito bertie's family, and nimfa's family on how to invest their inheritance wisely so they don't end up like our bacalla cousins who squandered their inheritance. i'm sure lolo and lola would want me to share my expertise on this matter. and of course i will always be available for consultation moving forward.

note because of the rapid advancements of artificial intelligence, many professions and jobs will be obsolete and the food producers and farm owners will be the future kings of society. many experts and economists have been saying this. there's a very good chance the future generations or our nephews and nieces abroad or in the states will come to cebu and be very thankful to lolo and lola for the very valuable farm lands they left us. tita georgia confirmed this trend because she noticed lately the affluent families of cebu are starting to develop farms in camotes. it would be a good idea to subdivide guba and part of toledo through drawing lots. we will fence each individual property to avoid future conflicts and misunderstandings. i will develop my dad's properties with cash rich crops such as cacao or coffee and i will document everything i did so if any heir wants to follow, they already have me as the guinea pig.

if you still don't trust me or feel confident with my opinions, maybe it will change your mind to know that i strongly feel it was the spirit of lola and lola that guided me to be involved.

first let me give you a background. i always felt it was my duty to sacrifice my time and effort to help with the family properties. i felt i owe a lot to the clan. lolo and lola provided us with a perfect environment growing up - crystal compound had trees and houses which gave me so much childhood fun and challenges climbing around together with the diverse childhood friends which developed and built my character. not to mention all the fond childhood memories i had with my aunts and uncles especially tito virgilio who always took time to take us kite flying, hiking, and camping. i remember the most awesome time of my childhood was when i got to drive sheryl's mini motorbike as much as i wanted. during those times driving a motorbike was an impossible dream for children like me. i'm giving it a special mention because it probably influenced me or it's the reason why i now drive a motorbike which has been crucial in accomplishing my tasks related to lolo and lola's properties. cebu traffic is terrible and my appointments and meetings were overlapping. especially the time when i had to go to the states on dec 6 to sell one of my houses in vegas. my flight was in the afternoon and in the morning i still had to go to SEC, RD, then meet with atty oscar to set certain tasks in motion so things continue to progress even while i was away.

as much as i wanted to help the family to honor lolo and lola, i've always believed there was nothing i can do to help. i always felt the family situation was hopeless because even if there is a buyer for mambaling, nobody would be motivated to cooperate because the money could just magically disappear without a trace, which is what happened to the lawaan proceeds.

but on nov 4 (2019), things changed. i went to the compound to fix a plumbing problem on papa's house. tita doris asked me for money to go to toledo to attend a meeting with the CARP beneficiaries. i knew it could easily get violent because of course land is the lifeblood of these poor folks. and knowing tita doris' history of bad judgement, i got worried. i got more worried when she said she will bring her daughter donnie because she is a "FIGHTER". i drove them to toledo the next day thinking maybe i can assess the situation and do something to keep them safe. i didn't even let them out of the car until i was done assessing the situation. during the trip i told them if only everyone would just lower their pride and allow tita jane to handle all the money all their problems will be solved. tita doris told me that actually, no one in the family would object to that. that's when i realized there is hope and i should use my conflict resolution skills to help the family. i talked to papa and he said that although he sometimes has reservations about tita jane's judgement, he will never question tita jane's integrity. BINGO !!! since everyone trusts tita jane, the sale of any property simply has to deposited in an account under her name so she has the power to subdivide the wealth equally. i then drove my motorbike to queen city and told lolo and lola i won't let them down.

note that it's a twist of fate that we got to this point. if tita doris did not see me in crystal compound that fateful day, i would not have gotten involved and most likely the pelaez property would have been auctioned off, the amnesty deadline would expire before we even get an estimate from the BIR, and the family would owe P53 million to the BIR instead of just P2.8 million simply because the heirs can't communicate with each other and don't trust each other. i strongly feel it was the spirit of lolo and lola that guided me and tita doris to cross paths that day.

but then it turns out it's still hopeless because not everyone will sign the extrajudicial because some heirs demand there is a written agreement on giving up the mactan lot and front lawn to the sosas in exchange for their legal services. papa and everyone else told me there is no written agreement and it was just a verbal agreement. papa insisted we honor that agreement while some insisted we just pay the sosas, which under the quantum meruit law, is 10% of all the recovered properties which actually is close to the value of the mactan lot and front lawn. then i felt a strong urge to organize our house in lahug. i spent 2 weeks cleaning, fixing and organizing the house. in the process, i organized the mountain of documents in my parent's room, and for some miracle, I FOUND THE WRITTEN AGREEMENT !!! holy cow !!! i almost fainted in disbelief !!! i really felt it was lolo and lola's spirit that urged me to organize the house. i found something that everyone claimed did not even exist. it was just beside papa's bed all these years. that was clearly lolo and lola's spirit guiding me.

but the big problem is that it's natural for some of us to feel a very strong urge to contest the agreement which could surely cause everything to go up in smoke. so think it through and post your opinions in this chat group. we need to unite and communicate with one another to ensure we come up with the best decision whether to contest the agreement or not.

[edit] mentoring tita doris

ian has been constantly mentoring tita doris so she won't end up squandering her inheritance. example just recently she told ian she is bummed that everyone in the family thinks she is a screw up. ian told her what anybody thinks of her is irrelevant. even if everyone praises and admires her, if she squanders the inheritance her family will be back to suffering hardships in just a few years. even if everyone thinks she is a screw up if she and her family strives to invest the inheritance wisely and exercise discipline then they will have the last laugh. so instead of worrying about what people think of her she should start conditioning herself and her family to just buy decent townhouses and just rely on the measly monthly rents for the rest of their lives. ian told them that he will always be around to offer them expert advice but their destiny is still in their hands. ani told them that if you put P3 million in a townhouse in 10 years the value could double plus the monthly income could total P2 million so all in all you got P5 million but if you spend it on luxury then in 2 years you could easily be back to suffering poverty and everyone will be laughing at you. ian told them, "do you want to forever be the joke of the town? or do you want to have the last laugh and live in security and comfort for the rest of your life? the decision is in your hands so stop worrying about what other people think of you". ian added to also be practical. if you received P10M and then you used it to buy 2 townhouses such that you are already earning a stable P20k cash flow a month, then it's ok to buy a brand new car.

with regards to bryan i told her it's not something to worry about. life is never perfect. one can even say bryan has a better life than me where it counts the most. he has kids while i don't have kids. he has a wife who has a stable call center job and is taking good care of his kids. his kids will take care of him when they grow old while i will just rot in a nursing home.

bryan's drug addiction is nobody's fault. bryan is mostly just depressed. it's a genetic defect since birth meaning there's nothing anyone could have done. just make sure he has something to eat and eventually he will stabilize. just cherish the memories at least you had 15 years of joy and happiness of bryan's childhood. compared that to me where my children never got to see the sunset, taste icecream or enjoy the beach. i'm worse than the mentally ill mother who murdered her 3 children. at least her kids got to taste icecream or witness the beauty of the sunset before she snapped. i never had children of my own so i virtually deprived potential human beings from the pleasures of ice cream or listening to music. people think it's sad that poor countries have lots of people suffering poverty. but i think rich countries like germany and japan are the ones who are pathetic because their society virtually murdered hundreds of millions of potential human beings. too many couples chose not to have children even if they can afford it. meanwhile in countries like the philippines, people who can't even feed themselves pop out 9 kids. that's why poor kids looks so happy dancing in the streets maybe because the universe is telling their subconscious that they stole a life and got away with it.

my point is that there are things out of our control but the good thing is there are so many things you can do to help bryan like exercising fiscal discipline when you receive your inheritance. you will help bryan in a big way.


[edit] HALLELUJA !!! praise the Lord !!! (6/20/20)

GOOD NEWS !!! !!! atty oscar agreed to create a simple extrajudicial and separate the deed of sale of mactan and main house front lawn to the sozas. this means tito virgilio will sign the extrajudicial. finally no more potential show stoppers !!! nothing is stopping each heir from finally receiving their P19 million EACH worth of inheritance.

the next plan is to find a buyer for mambaling and include the buyer in the extrajudicial so we don't have to pay 30 years of capital gains tax (mambaling was donated to the corporatoin and there is no amnesty for this.). this way the buyer can give us the money because the extrajudicial practically becomes his very powerful deed of sale. after that we can use the P30 million to pay for the P2.8 million inheritance tax, P3 million to Ang, and around 500k each for tito bertie and tito gerry's inheritance tax. the deed of sale to the buyer can't go through unless tito gerry's and tito bertie's estate is settled first. of course we will take out the inheritance tax of tito gerry and tito bertie from their share of the distribution of what's left over (around P2 million each).

note that many interested buyers told us they would buy the mambaling property if the right of way issue is resolved. i'm currently working with the baranggay captain of mambaling to resolve the right of way issue. i'm refraining from involving anyone else because the family who is occupying our right of way (isaac's heirs) have a history of violence and making death threats. they already constructed an auto shop on our right of way. resolving this issue requires STREET SMARTS AND VERY CAREFUL DIPLOMACY.

here's how i convinced atty oscar to separate the deed of sale from the extrajudicial: atty oscar and his wife melanie had the good heart to make sure we can pay the estate taxes before the amnesty expires. tito bertie became his good friend during all those years of court battles with salvador ang and BPI bank and i made him realize that tito bertie's family is suffering economic hardships and many elders in the family need the funds for life saving medical treatment. so now there will be 2 documents - 1) the simple extrajudicial without deed of sale 2) an agreement that would pay atty tan the fair market value of the mactan lot and main house front lawn OR the deed of sales for mactan lot and main house front lawn going to atty tan. if tito virgilio does not sign the 2nd document then atty tan can just use the past written agreements to claim them or sue the estate for damages or court expenses. but whoever signs the 2nd document won't be liable anymore. only those who don't sign will be liable if atty tan sues the estate and wins. if you choose not to sign and battle it out in court with atty tan, you have to be ready to attend hours and hours of court hearings and pay a lawyer a lot of money to represent you. your chances of winning will also be small because a the 1999 written agreements exists where we promised to give the main house front lawn and mactan lot to the sosas if we win the case. tito virgilio feels we can win the court case because the titles are still with salvador ang therefore we never really won the case or the properties were never really recovered. therefore the sosas don't deserve the mactan lot. i consulted my lawyer and he said that argument won't hold up because the value of all the recovered properties is around P100 million and we only need to pay salvador Ang P3 million to get the titles back. so the sosas miraculously recovered P97 million for us. i say it's a miracle because we signed the deed of sale, we gave Ang the money and we surrendered the title. even my lawyer can't believe how the sosas managed to recover the properties. tito virgilio says it's because the judge was the ninong or ga luhod sa kasal sa iya anak (doreen or monica i forgot which one). but imagine saying that in court. the judge will be very angry because we are basically demonizing the judges saying they make decisions not based on merit but based on personal relationships. not only will we lose the case the judge will probably charge us with contempt of court if we make that arguement. so if you choose to not sign the 2nd document and contest the 1999 written agreements in court, don't make that argument.

i forgot to add that tito virgilio also mentioned that it was actually atty palaganas who won the case for us and we should give the reward to the heirs of atty palaganas. i want to agree with tito virgilio because i can never forget atty palagana's very beautiful daughter wearing a swim suit when we went to the beach with them. tito virgilio may also have a point but if we don't have documents to prove this, then this argument won't hold up in court. if tito virgilio has the documents then maybe you can have a meeting with him and post your opinion in this chat group based on the evidence. but note this issue is not really important. at least the P170 million (P19 million each) worth of inheritance is now safe and secure.

[edit] 3/16/20 arguments on giving mactan to soza firm

tita jane messaged me the following about the mactan lot agreement and extrajudicial, and my reply to her immediately follows:


Ian, look carefully as to who signed these? First of all, those who have this document signed is questionable because it is a thumb mark of Papa Munding who is physically and mentally incapacipated and I am contesting this and whoever took his hand and have it signed can be legally be declared a foul thing that is being done. Another point I am contesting is Ronnie’s signature for he is not a direct heir. I am surprised why the late Atty. Zosa took this as a legal document considering Papa’s condition. I’m sorry but I won’t honor this document at all as a legal one. I am never aware of this and was not informed about this that they are going to do this. All heirs should have been informed about this before this document should have been done.

I also disagree the draft that the extra- judicial is being made for I did not make a power of attorney this year of 2020 to Manoy Rey. Mike and I made that Power of Attorney originally dated Sept. 29, 2014 and Mike and I had a Revocation Power of Attorney signed by the Phil. Consulate here on January 21, 2015 and mailed a copy to Manoy Rey by LBC if I’m not mistaken and sent a copy too to Atty. Oscar Tan.

Another thing too why did you give a copy of the draft to Paul without giving us first a copy to me, Virgilio, Georgia for us to clarify. Paul has no business of getting the draft of our extra-judicial before us. This is within the direct heirs approval only. Please be careful Ian on the documents you are giving for we can’t be exposing our family’s Inheritance and property holdings to people we really don’t know they are legit. You have to have all of us informed esp. Virgilio who is a broker. I will send you copies of our Power of Attorneys. I have to read and understand carefully the draft. Please send Virgilio a copy of the draft and that agreement with Zosa.


my reply:


about the mactan agreement, you can consult a lawyer and get advise if it's worth contesting. i suggest you consult atty george or angelene quimpo because they care about you. or else it's in the best interest of other lawyers to tell you to contest it even if there is no chance of winning and they would do anything to prolong the case so they get more income. also let atty george and angelene read what i'm writing here to save everyone time.

my advise is something i've been repeating for the nth time and i will repeat it again: there is a quantum meruit law where the lawyer is entitled to 10% of all the recovered properties in an absence of a written laywer compensation agreement. so there will be a long court case if you contest it and we have to find money to pay a lawyer to represent us and by the time it's done most likely we will lose and even if we win we still need to pay around P15 million to the sosa firm and by that time the deadline of the amnesty have elapsed so we now have to pay P30 million in inheritance tax instead of P3 million.

just think that the reason we are having all these problems is because of grave mistakes in the past on our side and you have to accept that when mistakes are made, there are consequences. the way i see it, we are actually very very very very very very very very very very very very very very very very very very very very very very very very very very very very very very very very very very lucky that we only have to pay P3.3m to Ang to recover pelaez (P20 million), guba (P10 million), tita doris' house (P15 million) and pagina (P3 million). they even recovered the main house (P20 million). yes we have to give mactan (P20 million) and the front lot of the main house (P6 million) to the sosa's but we should have lost everything anyway because:

1) there was a very clear and very legit deed of sale for each property that lola and some heirs signed

2) we gave all the titles to Ang

3) we accepted the money

by law this is a clear and shut case that the properties now belong to Ang. it's a miracle that palaganas or the sosas recovered it. so we should be thankful and be happy and just move on to quickly resolve the issues which is what i'm sacrificing a lot of my time and efforts in doing.

it's also a waste of time even thinking that palaganas' heirs should be the one compensated because they did most of the work and not the sosas because THERE IS NOTHING WE CAN DO ABOUT IT !!! we have no proof or evidence of any of your claims and the sosas have the written agreement. you are just unecessarily tormenting yourselves. life is very short, we should not waste it with unecessary unhappiness and stress.

i suggest you let geraldine and joanne who i know are very good decision makers give you advise on this to give you confidence and feel good we are making the right decisions. let them read this and our wiki page.

you just need to rewind back to 1999 and ask yourself, would you have NOT signed the mactan lot agreement? keep in mind the mactan lot wasn't that valuable yet in 1999. and here is the biggest thing we should ask ourselves:

DID WE HAVE ANY OTHER OPTIONS YET AT THAT TIME????????????????????

did we have money to pay the sosas or any lawyer to help us? of course not because the family was FLAT BROKE at that time. if not the mactan lot, the only other fair payment to the sozas would have been pelaez which for sure you would have not agreed to because the family was depending on it's income from the apartments. same with tita doris' house. pagina is too small and guba had very low value at that time. we are lucky they even agreed to the contingency agreement when our chances of winning was very small.

so before you try to contest the mactan agreement, you have to come up with a rationality why you wouldn't have signed the agreement in 1999. did we have better options? if yes, what are they. you have to tell us. and this is how it's going to play in court. the judge will shake his head and be baffled why we bothered to waste tons of money trying to contest the agreement.

and if we decide to contest it, who would volunteer to attend the court hearings which could drag on for god knows how long? i definetely won't because i'm too busy and to me that would be like torture. tita georgia is too busy with her duties in camotes. tita doris doesn't have the expertise. tito virgilio is very busy with his church obligations. you need to be in the states to help out with your grandkids. that leaves us with no one. not to mention all the expenses.

it's also very frustrating having to explain why tito gerry and papa did not bother consulting you before they signed the mactan agreement. just think about it:

1) papa and tito gerry had the family's best interest at heart because they are also heirs of mactan lot property

2) papa has 2 masters degree in the university of wisconsin and was regional directory of NEDA for 15 years.

3) tito gerry had a master's degree in AIM and well experienced when it comes to matters of properties.

do you think before the agreement was signed tito gerry and papa would possible say, "wait, before we sign this, we should call jane in the states to ask for her advice to make sure we are making the right decision". and if they did call you, what would have been your reason not to go ahead with the agreement? remember the mactan lot in 1999 had a much lower value and it has no right of way and is being occupied by squatters.

i understand we all went through tough times in the past and it was impossible for you to come to the philippines and help out with the family properties. but that means it's noboady's fault and we just have to accept the consequences of our past misfortunes. if you really want someone to blame then blame God. it was your duty and responsibility to come to the philippines at that time to make sure the issues gets resolved properly. the same way i feel it's my duty to honor lolo and lola and help out with the family properties. my point is that it's like complaining that you lost a championship tennis match because you had the flu. it's like you are upset why your opponent was given the championship trophy because you only lost because you were too sick to play. that's ridiculous. just accept from it, learn from it, be happy and move on.

also you can't complain that you made a mistake of trusting your siblings when that's a very normal part of life. you still made the right decision but it just had the wrong result. for example, it's the right decision for you to not sell your house in hayward right now, but if the housing market crashes again, that does not mean you made the wrong decision. you still made the right call, you just got unlucky. it's the same with riding a plane. riding a plane to visit family or go on your dream pilgrimage such as lourdes in france is the right deicision because what's the point of being alive if you are like a prisoner in your house because you are too afraid of getting into an accident when you ride a car or a plane? but if the plane crashes, then that does not mean you made the wrong decision. it was the right decision but you just got unlucky.

we have to use common sense. it's lack of commons sense that got the family in the big mess. we can't just make critical decisions based on our emotions. feelings and emotions would not pay for an emergency medical operation or treatment that might save the life of someone in the family. feelings and emotions won't alleviate the economic hardships of tito bertie's and tita doris' family. feelings and emotions won't help us beat the tax amnesty deadline. feelings and emotions won't prevent the properties from being auctioned by the government. the BIR doesn't care about your feelings.

note the extrajudicial i sent is just a draft that is being used to get an estimate for our inheritance tax to give us better visibility and help us explore options and make better decisions. normally it's not possible to get a computation until the extrajudicial is signed that is why i'm paying someone who has insider contacts to get us the estimate as soon as possible because it will really help us. example if the estimate is P3 million then maybe we can just take out a loan and collateral one of our properties that has a clean title but if it's P10 million then maybe i will have to go back to america and sell another property to make sure we can beat the tax amnesty deadline in case mambaling doesn't get sold.

about your SPA in the extrajudicial, that obviously is just a cut and paste from the old extrajudicial and an oversight. that is not an issue atty oscar will just edit that line. atty oscar wasn't actually done with it yet but i asked him to just print whatever he already has because paul's buyer was asking for it. it's really frustrating for someone to say the broker has no business getting a copy of the extrajudicial when it's obvious the extrajudicial will give a prospective buyer more confidence that the seller is really the rightful owner. keep in mind:

THE TITLE OF MAMBALING IS STILL UNDER THE NAME OF LOLO AND LOLA AND NOBODY IN THEIR RIGHT MIND WILL PAY P30 MILLION FOR SOMETHING WHERE THE SELLER DOES NOT HAVE PROOF OF OWNERSHIP.

so ask yourself:

WHAT IS OUR PROOF OF OWNERSHIP?

the answer is the extrajudicial.

then ask yourself: what could paul or any other person do with the extrajudicial that could hurt us? the only thing i could think of is he will give it to some kidnapping syndicate so our family is now at risk of being kidnapped because of all those millions in assets. but i don't think the kidnappers will bother because having properties does not mean we have cash. so they would rather kidnapp someone who they know already has the cash. besides, when was the last time you heard of a kidnapping for ransome incident in cebu? it's simply ridiculous why i have to explain these things.

paul could also use the extrajudicial to find buyers for our other properties. ISN'T THAT WHAT WE WANT???? yes tito virgilio is also a broker but the more people looking for buyers, the better our chances especially we are time constrained to beat the tax amnesty deadline. tito virgilio will benefit immensely if paul's buyer will decide to buy it and of course if tito virgilio has a buyer with a similar offer then of course we should go with tito virgilio's buyer.

but as i keep saying i'm not a smart person so maybe i'm missing something. but you have to tell me what i'm missing and not just give emotional reactions that could possibly destroy everything and waste all our efforts. what if paul's buyer was really ready to make an offer on mambaling but because we did not give the extrajudicial the buyer lost confidence and decided to buy the property beside it which already has a right of way? what if that buyer would have been our one and only chance?

besides, is it possible for paul to doctor the document and forge your signatures such that we could lose our properties? you can't just keep injecting feelings and emotions without providing any rationality because that's the core reason why this family can never get it's act together while other families who had nothing now own multiple condo buildings. i know a lot of them they are not even smart people it's just for them 1+1+2 all the time. that's not hard. the problem with our family is that sometimes, 1+1= 4 or 1+1=0 because of our feelings and it's enough to ruin everything.

we have to stop being too paranoid to avoid wasting time and unecessary unhappiness, stress and worries. example, tita georgia told me she wants to get the title of the main house from atty oscar becasue she is afraid atty oscar will swindle us. i told her not to worry about it and for sure they are only holding to it to make sure we keep our end of the written agreement where the front lot goes to them. maybe it's because some of you are living in a bubble or insulated from the real world.

so let me open your eyes to what really goes on in the real world. you know from time to time lawyers get assasinated in cebu? everytime something like that happens, my other lawyer friends will libak the lawyer that just got assasinated and they would say they are not surprised by the incident because that lawyer had a history of swindling or ripping off people. also note that it only cost P10k to hire an assassin. it's actually very easy. and if the person who got assasinated has a history of screwing or ripping off people, the cops and the justice system would usually look the other way or just do a haphazard investigation for compliance. the news media would also not try to follow up on the story and it immediately gets swept under the rug.

for sure atty oscar knows about these things. also, his family has hundreds of millions of properties - he is the son of the former governor of leyte so i'm sure he has large holdings over there and they own the st. benedict's property and other properties around it. so it would be stupid of him to risk his life swindling someone like tita georgia who's family heavily depends on the main house to survive.

tell me if there is anything wrong with my logic.

[edit] why it is ok if we don't recover the CARPed 27ha

  • ian does not have any desire to take back our CARPed property for 2 reasons:
    • 1) moral reason: those lands originally belonged to the native inhabitants. the spaniards came and stole it away from them. the natives were then oppressed and subjugated for the next 400 years. so we basically bought stolen property. yes we are also partially descendants of natives and that's why we still have 59ha. we should actually feel lucky we still have 59ha. however, note that this moral argument does not apply to city properties because the astronomical rise of city properties was because of the expertise and risks taken by non native engineers, capitalists and developers.
    • 2) security reasons: since the prospect of selling toledo is bleak, the next best option is to subdivide it among the heirs and make use of it. if we successfully take back the CARPed properties, none of use will be able to go to toledo without being killed. they could even come down to guadalupe to carry out their revenge. the caveat to this argument is that 4143 (10ha) is now officially ours and there are lots of claimers (squatters) which we still need to deal with.
    • however for those who don't share ian's convictions and philosophy, of course nobody will block you and we will even cooperate if you try to take back the CARPed 29ha. ian even agrees that the heirs share in the expenses. however, all leg work and efforts will have to be done by those who want to recover the CARPed 29ha.
      • however, be aware that unless the lawyer is someone who we trust such as atty oscar or atty mark, there is a possibility that a laywer will mislead you into making you believe that we can recover the 29ha because of course they will earn income if we pursue it. so my suggestion is to inform the lawyer that we don't have any money and we can only pay him/her with a portion or percentage of any recovered property (maybe 20% or 5ha of the entire 29ha if recovered). this is similar to the deal we had with the sosa firm. this way, we are assured that the lawyer will give us honest advice and work hard to help us.
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