StatusMarch16

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here are the latest updates (which i just added to our wiki):

i am feeling very confident with the right of way in mambaling thanks to tita doris. i'm so amazed that people in the government will always try to go out of their way to try to help tita doris. maybe it's because tita doris looks non threatening and has a talent to make her face look very luoy. that's the opposite of me. maybe it's my lack of charisma but in my entire life i can only get people to do any service for me if i pay them boatloads of money to make it worthwhile having to help someone who looks so irritating. that's how things really work in real life and if you don't adopt to this reality, you will never get anything done and can never succeed in any business or endeavors that involves people. that's why after all these years we were never able to get new tax decs for toledo even if there was a court order. we got new tax decs because i simply gave them money to make them happy.

we also have to thank tito virgilio who advised us to go to the baranggay to get the sketch map and the ROD to get the history of the titles. we have to realize that we all have our own strengths and weaknesses and we need each other to succeed. another reason why the baranngay captain volunteered to help us even if tita doris was only there to try to get the sketch map is because he ran under the same ticket when papa ran for congress. the hearing in the baranngay is just a formality. for sure the baranggay captain will decide in our favor especially there is a deed of sale and there is such a thing as right of way law. the hearing was suppose to be this friday but it got postponed for obvious reasons.

but as i kept telling you i'm really ignorant or new to these things so i had no idea how important it would be to win the baranggay hearing. i thought it was just the first step, and we will still need to sue in court and do tons of paper work and spend lots of money to get the right of way annotated in the title. but this is where tita doris' luoy face talent comes in. when she was in ROD to get the history of the titles, the head of the ROD wondered why she kept going back and forth getting all the information about the lot where our right of way is located. so he went out of his way (even if he did not have to) to ask tita doris what her problem was. tita doris told him our right of way issue. the head of the ROD told tita doris that he will immediately annotate the right of way on the title, we just need to get approval from the baranngay. so basically after the hearing tita doris just needs to go to the ROD to have it annotated. AMAZING !!! hahahahaha !!! i never though i will have this much fun :-)

but there is still a possible problem. although this is just low probability, it's possible the baranggay or the ROD (or both) will let it drag in hopes of grease money. but we still need to plan for this scenario especially i made a big mistake of showing my face to them. they probably changed their minds after they saw me. "they were probably thinking, i really want to help that doris woman but oh shit helping her would mean i would also be helping that irritating looking dude named ian. oh gosh, what am i gonna do now?". i can only imagine the torment some of you are going through having to work with me. but that's more reason to focus and cooperate so we can get all properties sold and subdivided and we can all go our separate ways and you never have to hear from me again (of course i'm just kidding but there is actually some truth to it you are just not aware of it).

so here's the plan: if any of them shows any sign of dragging this thing, tita doris will approach them acting luoy and desparate, telling them she needs the property sold as soon as possible for her medical treatment and the medical treatment of some of her siblings. she will then say her husband's family just sold a small property and maybe she can help out with their expense money helping us, maybe give P20k (so for both that would be P40k).

the BIR insider contact already scheduled to do the estimate computation for the inheritance tax this week but again it got postponed because of the coronavirus. this is very good news because the BIR should only be able to compute after the extrajudicial is signed so they are doing us a big favor giving us a computation even if the extrajudicial is not yet final and the requirements are not yet complete.

i was also feeling confident about the buyer of paul the broker but again the virus situation postponed his trip to cebu.

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.

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