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= 1/19/21 update on pelaez and mambaling =
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the broker for one of the pelaez buyers, atty balili informed me there is a pending case recently filed by Ang which is an action for settlement of estate. i have no idea what it means. i asked for the court documents and case number but he hasn't replied. i will also talk to atty tan about this tomorrow to get advice on what should be our course of action. once we get clarity, i think we should disclose it to tita georgia's buyer. at first i thought it's the same case that Ang filed in 2017, which was already closed thanks to tito virgilio and atty garrote. so i asked tita doris to get the court documents in quimoda because tita doris was the litigant. while tita doris was on her way to quimoda, good thing atty balili told me it's a new case and it's pending.
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the broker for mambaling buyer also told me to request atty abellana to include in our petition that the right of way will be 6 meters wide instead of only 4 meters because the developer can only get a building permit if the right of way is at least 6 meters wide. i told him we will try but i doubt it's possible because we can only be granted the right of way that was in the deed of sale. i told the broker not to worry becuase it shouldn't be a show stopper for the developer because there is no structure around the right of way and once the 4 meters right of way is annotated in the title, it will be in the best interest of the dela cernas to sell an additional 2 meters wide right of way because if our property is developed, it will cause the value of their property to increase, and it will also give them business opportunities such as karinderias because all the residents has to pass by heir property. the broker agreed with my opinion.
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= 1/18/21 good news amnesty deadline is june 14 =
= 1/18/21 good news amnesty deadline is june 14 =

Revision as of 10:06, 19 January 2021

Contents

1/19/21 update on pelaez and mambaling

the broker for one of the pelaez buyers, atty balili informed me there is a pending case recently filed by Ang which is an action for settlement of estate. i have no idea what it means. i asked for the court documents and case number but he hasn't replied. i will also talk to atty tan about this tomorrow to get advice on what should be our course of action. once we get clarity, i think we should disclose it to tita georgia's buyer. at first i thought it's the same case that Ang filed in 2017, which was already closed thanks to tito virgilio and atty garrote. so i asked tita doris to get the court documents in quimoda because tita doris was the litigant. while tita doris was on her way to quimoda, good thing atty balili told me it's a new case and it's pending.

the broker for mambaling buyer also told me to request atty abellana to include in our petition that the right of way will be 6 meters wide instead of only 4 meters because the developer can only get a building permit if the right of way is at least 6 meters wide. i told him we will try but i doubt it's possible because we can only be granted the right of way that was in the deed of sale. i told the broker not to worry becuase it shouldn't be a show stopper for the developer because there is no structure around the right of way and once the 4 meters right of way is annotated in the title, it will be in the best interest of the dela cernas to sell an additional 2 meters wide right of way because if our property is developed, it will cause the value of their property to increase, and it will also give them business opportunities such as karinderias because all the residents has to pass by heir property. the broker agreed with my opinion.

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.

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.

1/16/21 coaching moment: conversation with broker

i just talked to atty balili, who's client is interested in buying pelaez. our conversation highlights the importance of the policies i just proposed. i asked for LOI and bank cert on availability of funds. he said his firm's practice in the past is to just cut to the chase and offer the MC for the 50% downpayment based on the price they think is fair and it always works. i was impressed. then i told them the script that i narrated in my policy proposal, about the situation with Ang. i also told them there is another buyer (tita georgia's) almost ready to give the downpayment (which is a sales tactic i also suggested in my policy proposal). he started to get rattled. he told me he agrees with me that there is really no need for the buyer to be in hurry with getting the title from Ang, so he will try to convince the buyer to give us the downpayment even without the title and just stipulate in the contract that they are aware of the risk. anyway the full payment won't be due until we get the title from Ang. note he is a lawyer so that proves my hypothesis that the title is really not important. it's just common sense. then he calls me again saying the buyer wants to construct a building and the title is needed for the building permit. then i said if the buyer is a big developer that means the P6m worse case scenario is just pocket change for the buyer. it should be no sweat for the buyer to shoulder the P3m on top of our P3m. he says he will talk to the buyer. he calls back and says the buyer offers to shoulder 50% of the P3m, so we pay Ang P4.5m and they shoulder P1.5m in the worse case scenario. since the appraisal for pelaez is P21m, i thought it would still be a big win. so i told him we agree and to call me when the MCs are ready. then he asks me - if in case Ang's proposal is the worse case scenario, do we have the P4.5m? i told him, why are you asking me that question? if you are going to shoulder the P1.5m, that means the deal is done, which means you should already have MCs for the downpayment, which means we should already have the P4.5m for Ang. he said, yes you're right, o sige i will talk the buyer. then i told him, if the buyer agreed to give the full payment after we get the tile from Ang, then he should give us the full payment during the downpayment because we already got the title from Ang. he say, yes that's right, i will talk to the buyer and call you back. by the way the amount the buyer agreed to was also P25m net. the lawyer also asked for 5% commission. i told him if the heirs like the amounts in the MCs, i give you my word that we will give you 5%. he thanked me and now i'm waiting for his call.

1/15/21 priorities and policies proposal

(i am still creating exhibit A and B, but you can start reading this for now)


PART 1: priorities

in our next meeting, we will discuss our priorities (goals/objectivs) and policies as tito mike proposed. i will give my opinions here. please read everything and try to understand so that we don't waste time going around in circles in the meeting like what happend in today's meeting.

if you love your children and grandchildren and want to give them more economic security, you will read everything i write here line by line, try to understand it and give your own opinions. i drive a motorcycle everyday which is very dangerous and if something happens to me, maybe blunders like the expiration of the toledo court order for titling won't happen anymore, if all heirs follow the policies that i propose here.

i'm the only loser in this family. i have no wife and kids, i have no job. i'm a worthless human being. but the advantage to my being a loser is i'm also the only one who has all the time in the world to do the DUE DILIGENCE and RESEARCH so that our family will be equiped with the information we need to accomplish our goals. why not take advantage of it? read everything i post and try to understand them because they will help you make better decisions and LESSEN YOUR STRESS and lessen your worries. it will also avoid confusion, misunderstandings, and conflicts.

our policies should serve as a template and guide on knowing what to do for every offer and sale for all properties so we don't waste time meeting everytime there is a buyer, only for the buyer to back out. any heir can answer any question the buyer has and tell the buyer everything the buyer needs to know about a property. i'm sick and tired of talking to buyers, brokers and agents that's why i created those package folders so that you don't have to call me and set a meeting with a buyer everytime you get an interested buyer. so that all you have to do is give the folder to the buyer, which already contains everything they need to know about the property for them to make an offer.

agreeing on priorities and policies will also prevent misundertandings and conflicts. the key to understanding any situation is to focus on the consequence. CONSEQUENCE !!! CONSEQUENCE !!! CONSEQUENCE. example if you just find out your son is gay, if you realize there really is no negative CONSEQUENCE for being gay, then you will actually be excited making plans - maybe enrolling your son to figure skating or ballet lessons. or be thankful that your son probabily won't get married and have kids so he will have time to change your diapers when you are old. try your best to not allow emotions cloud your judgement or jump into conclusions that will only ENDANGER THE ECONOMIC SECURITY OF YOU AND YOUR LOVE ONES because we fail to beat the amnesty deadline.

priorities will guide our strategies and policies. so we should first agree on our priorities. here's what i think our priorities should be, in order of importance:

1. i agree with tito virgilio that these properties are not ours and we should fulfill lolo and lola's wishes, which are: - to develop properties for future generations. i refer you to exhibit B for my proposal on how we can develop the properties with minimal risk but optimal returns. - alleviate the economic sufferings and poverty of their pinanggas

2. for the heirs to have funds for medical emergencies and expenses which could save their life. example, if an heir needs a bypass surgery but there is no money the heir could die. i'm giving this a lower priority because these are just the wishes of the heirs, who just inherited the properties from lolo and lola. lolo and lola's wishes should come first. it's also possible lolo and lola wants their pinanggas to die early to be with them in heaven. personally, i'm giving this a lower priority because i'm a terrible person and i believe wealth is more important than human life.

before you crucify me for believing that wealth is more important than human life, the good news is even if we have different priorities, there is no need to argue because the strategies and action items to meet all the different priorites are THE SAME, which is: do whatever it takes to beat the amnesty deadline. example if your priority is to develop the properties to fullfill lolo and lola's wishes, where will we get the money? the money can only come from selling a property. but to sell a property we first need to pay the estate taxes and if we don't beat the amnesty deadline, we will need to sell ALL our properties just to pay the estate taxes, which is STUPID !!!

i agree with tito virgilio that pelaez is the most valuable and only income earning property. but the mambaling buyer is waiting for the court hearing for annotation of right of way, which could come after the amnesty deadline. we are not even sure the buyer will still proceed after the right of way has been annotated on the title. the only thing we can do is hope and pray there will a buyer for other properties who will give us the downpayment enough to pay for the estate taxes. but the only buyer right now is for pelaez, and the deadline is already upon us. if we don't sell pelaez, all our priorities will go down the toilet.

i just told you the wishes and priorities of lolo and lola, and the wishes and priorties of the heirs. now i will tell you my personal wish or priority. i apologize for violating the dogma of separation of church and state or in this case separation of church and estate. i understand we should not impose our religion on others, so i want to make it clear these are just my personal priorities. my priority is to be a good christian especially during these celebration of Sr Sto Nino. and what makes Sr. Sto Nino really happy is when we help our fellow human beings, especially those suffering poverty and sickness. the core christian value is to make SACRIFICES for others. Christ demonstrated this by dying on the cross to save us. if i don't sign the contract for the pelaez sale, i'm basically making my fellow human beings, much more my dear aunts and uncles, suffer longer than necessary, or probably even cost them their life if they need an expensive life saving medical treatment. i'm basically making Sr. Sto Nino and Mother Mary very sad and dissapointed at me. at first, i didn't want to sign the pelaez sale contract because I DON'T NEED THE MONEY and pelaez has sentimental value to me. but if i do that, all my prayers, rosaries, novenas, bible studies, holy mass and blessed sacraments will be irrelevant and useless if i won't make that small sacrifice to help lolo and lola's pinanggas who are suffering poverty and might need the money for life saving medical treatment.

now that we established our #1 priority is to sell a property as soon as possible to beat the amnesty deadline, we need to lay out the possible pitfalls or dangers that could cause all the wishes of lolo and lola to go down the toilet and cause lolo and lola to be very sad

the greatest danger is the delay of the apostille in the US because of the resurgence of the covid-19 pandemic. we also don't know if the new strain of the virus will be contained. for me the best way to protect ourselve from this grave danger is for tito mike and tita jane to assign a lawyer in cebu that they can trust, maybe their classmate, who can be their SPA for the extrajudicial and the sale of any property. they can even assign auntie helen or atty george quimpo and i will fly to cagayan everytime they need to sign something. but it's safer if the lawyer is in cebu because if there is a resurgence or another wave of the virus here, i might not be able to fly to cagayan because of the lockdown.

you should not be angry at what i'm saying because WHAT I'M ASKING YOU TO DO IS WHAT YOU REALLY WANT TO DO. i feel like i'm insulting the intelligence or competence of the heirs for lecturing them as if the heirs are capable of committing monumental blunders and making self destructive decisions. but the heirs allowed the 5 year expiration date of the super favorable court order to have all the toledo lots titled to expire. that would have prevented the landgrabbings that are going on right now on our toledo lots. now we have to file a case and pay a laywer god knows how much, to recover a big chunk of our toledo properties. we don't even know if we will win the case. simply because we failed to do what WAS VERY OBVIOUS - which was to have the lots titled. so can we just for once, look at ourselves in the mirror, learn from our past mistakes and ask ourselves, ARE WE REFUSING TO DO WHAT IS OBVIOUS? i hate to offend people but it's very obvious that for the FIRST PROPERTY we sell, we should just accept any offer that is within 25% of the appraisal value, or else we miss the amnesty deadline. what i'm telling you to do is what you really want to do. if it's what you really want to do, why do i have to tell you? because titling the toledo propertie before the 5 year expiration of the court order is i'm sure what you really wanted to do, but you did not do it. so that's why i feel i have to tell you to do what you really want to do.


PART 2: POLICIES

once we agree on our priority, the next step is to agree on the policies that will help us fullfill our priorities.

our policies should be specific and tailored for our needs and priorities. example, of course it's better to impose a full payment instead of 50% down. and if the estate taxes and Ang has been paid, of course we can impose a full payment policy. it is very dangerous to blindly follow general rules and guidelines because it might not suit our specific need or situation. policies should be well defined or else it will just backfire and cause more misunderstandings. policies should be based on merits, facts, and professional advice, not emotions. this prevents disastrous blunders that could TRAUMATIZE THE HEIRS FOR THE REST OF THEIR LIVES if we miss the amnesty deadline.

here's what i propose. they are arranged according to importance:

- i think the most important policy we need to agree on is our threshold of price tolerance for the first sale. we can afford to be stringent on the appraisal value after we pay our estate taxes and Ang, but on the first sale, i propose our threshold is 25% below the appraisal value. that means if pelaez is appraised at P30m, we should just accept any offer where we get P22m net (limpyo). please read exhibit A to know the common sense way to value a property. let's look at the CONSEQUENCE: example if we sell pelaez at P20m, the consequence is that we save P56.5m in taxes, which means we practically sold pelaez at P76.5m. if we insist on the appraisal value of P25m and the buyer backs out, we lose P56.5m in taxes only because we were trying to daginut P5m. that's just plain stupidity !!!

- another policy i think is very important is we should inform the buyers that our policy is whoever is first to give the downpayment that can pay Ang and the estate taxes. and of course the contract or agreement should also be solid. example a buyer approached me saying they are ready to give us a manager's check for P15 million but the full payment happens only after the title is under their name. i told them the full payment should happen before the title is under their name, maybe when all the requirements for transfer of ownership has been met. because if the title is already under their name, they won't need to pay us anymore because the property is already theirs. the buyer never contacted me again. it is also good sale tactic to inform the buyer that another buyer promised to give the downpayment in 2 weeks. this will speed up their action if they really are interested on the property. let's focus on the CONSEQUENCE: example, buyer A offers P30m for pelaez, buyer B offers P25m. buyer A promises to give P20m downpayment next week. but buyer B just calls me telling us they are at BDO bank preparing the manager's checks totaling P12m (50% downpayment) and we should go there so we can sign the contract and immediately cash the checks. we tell them to wait 2 weeks because one of the heirs is out of town (but actually we are waiting for buyer A to give the downpayment). during the 2 weeks, buyer B finds a better property to buy and backs out of our deal. buyer A also finds a better property and backs out of our deal. the amnesty deadline expires. so the consequence is lolo and lola's wishes go down the toilet and you are traumatized for the rest of your life.

- until the estate taxes (including toledo) are paid, our policy is to NOT accept earnest money. unless of course the earnest money is enough to pay the estate taxes (but technically that would already be a downpayment). normally it's the advantage to the seller if the buyer gives an earnest money and backs out because the seller gets to keep the earnest money. but in our case, the CONSEQUENCE is it could cause us to miss the amnesty deadline because we can't entertain any other buyer until the earnest money expires. getting free P1 million earnest money is peanuts compared to having to pay P63m in estate taxes instead of P6.5m. this is another example that it's dangerous to blindly follow general practices. in general, it's smart to accept earnest money. but in our case, it's very very dangerous.

- we should accept a payment term of 1 year. this will give us a wider range of buyers and increases our chances of beating the amnesty deadline. it's foolish to have to pay P63m in estate taxes just because we can't wait 1 year to be fully paid. that's just ridiculous. if you think there are potential dangers for a 1 year payment term, you have to inform the heirs. policies should be based on facts and sound legal advice, not emotions. of course it should say in the contract that when the payment deadline has expired, the contract is null and void and we keep the downpayment. consequence !!! consequence !!! consequence !!!

- heirs should know the status of each of our properties. if you don't follow this policy, the CONSEQUENCE is i don't get to play golf or go rubberboating with my chics because i will have to be the one to talk to the buyer. the most up to date status of each property is in our wiki collaboration site (http://covid19.wiki-site.com/index.php/MundingDida). actually i apologize because i still need to update our wiki because i've been busy with our meetings. i will also update the package folders for each property that contain everything a buyer needs to know so we don't waste time meeting with the buyer for an entire afternoon and the buyer will just back out. the next item is just a sub item of this item but very important for our immediate situation:

- for properties that are tied up to Ang, we need to tell the buyer or broker this right from the beginning (the CONSEQUENCE for this is it gives the buyer more confidence. transparency + more information = higher confidence) :

"The heirs would like to disclose that the the owner’s copy of the title is in the possession of Salvador Ang, who's last message to us was that they are in the process of creating a proposal to return the title. Three years ago Mr. Ang agreed to surrender the title in exchange for P3 million but the heirs did not have sufficient funds. The heirs are confident his proposal will be around the ballpark of P3 million. The heirs are convinced that getting the titles from Ang is just a question of when, and not a question of “if”. Maybe we just need to file a case to get the titles or declare it as lost and request a new one from ROD. If the buyer wishes to verify, the heirs would gladly show the finality or court decision to the buyer’s counsel.

There is no reason for any buyer to wait for the owner's copy of the title from Mr. Ang before giving the downpayment. We can stipulate in the contract that the buyer can start using the property, but the full payment should be due once the title is retrived form Mr. Ang and the requirements for transfer of ownership to the buyer are met. If the buyer waits for the title to be retrieved, then the buyer risks losing the property to another buyer who migh be smart enough to do their due diligence and confirms that getting the titles is just a matter of when, not a matter of "if". The worse case scenario for the amount we need to pay Ang is P6m. It cannot exceed P6m. And note the heirs have guaranteed to shoulder the P3m so the worse case scenario is that the buyer will need to give an extra P3m to retrieve the titles. The most likely scenario is that Ang only demands P3m, which means the buyer won't have to pay Ang anything. Mr. Ang is aware that if we file a case, there is a high probability he will have to give up the titles without any payment because they missed a deadline set by the court to submit certain documents. The buyer can setup a meeting with our lawyer, Atty Oscar Tan of the Soza law firm for more details. The bottom line is it's in Salvador Ang's best interest to accept our P3 million offer."

- because only tito virgilio has expertise with real estate, and tito virgilio is always busy, we should always simplify our offer by simply saying, "we pay the estate tax and the price is PXXm net or limpyo". the reason is we don't know how much is VAT, notarial fee, capital gains tax, documentary stamp tax, transfer tax, registration fees, etc ... so we really can't be sure how much we will receive. if we don't follow this policy, the CONSEQUENCE is we waste our time and effort meeting for hours to discuss these annoying items when it could easily be simplified such that we get the same in the end. especially if the buyer will just back out in the end. usually the broker will start tricking you that they won't have anything left for their commission. just tell the broker that it's their problem to patung the price he gives the buyer to make room for their comission. the broker would usually try to trick you and say the buyer is already fixed on the price. simply say, "wala man ko ma buhat ana kay decision mana sa mga heirs ug dle man gyud sila mo pa ubos bisan gamay". sometimes the broker will start blurting out technical terms. just politely say, "sorry sir/maam, wala man gud ko kahibaw unsa na. simply lang, ang amo pangayo PXXm limpyo. kamo na bahala mo compute or mo patong sa buyer".

- another policy we need to agree on to avoid bad blood and legals issues is everyone should agree that 3% be given to the heir who sells any property. example if the current pelaez buyer gives the downpayment, 3% of the sale will be added to tita georgia's share of the proceeds. but the most important policy we should agree on is that tita georgia should use the 3% to buy a jet ski for everyone to use. just kidding. all my friends who bought a jet ski had buyer's remorse because after only 1 day they got sick and tired of the jet ski they wished they just rented and saved tons of money. this brings me to the next policy:

- nobody should buy a jet ski. the consequence for not following this policy is guaranteed buyer's remorse.

- another policy i think is very important to avoid conflicts and legal issues is whenever a buyer gives a payment, we ask the buyer to already give us MC's for each heir. and of course the computation should be posted in our chat group and approved by all heirs first. the laws for inheritance and succession is very clear and strict. do not waste your time trying to be a justice warrior because you will surely lose and pay for big damages and litigation cost. you will only create further chaos and emotional trauma to those you swore to help and protect. just accept the reality. anyway the beneficiary is still the dear love one of those you swore to protect. besides those you vowed to protect will still get a considerable chunk of the inheritance.

- always request an LOI (letter of intent to buy) and bank certification on availability of funds. once they give it, email it to all the heirs. but of course continue to answer their questions even if they haven't given an LOI or bank cert. the CONSEQUENCE for not requesting an LOI is there is just a possibility you waste your time answering questions or talking to the buyer even if the buyer is not that serious.

- we should only meet to discuss the buyer's offer after they give an LOI. but of course you should continue to answer questions and the sale can still happen even without the LOI. it would be foolish to not accept a P20m manager's check for the downpayment of pelaez just because the buyer did not give an LOI. the LOI is a good gauge on the seriousness of the buyer but it's not a perfect gauge. it's possible the broker don't want to reveal the identity of the buyer to avoid someone else approaching the buyer and getting the comission. the LOI and bank certification would reveal the identity of the buyer. we must understand that brokers are just human beings like us working hard to feed their family and send their kids to school. we must be compassionate to fellow human beings because it's the core teaching of Christ. the broker for mambaling let me sign an authority to sell, but i notice that the name of the agent named joy deleon was not in the ATS. joy was the first to approach me. i told the broker he needs to give joy her share that they agreed upon. the broker told me agents have no legal claim and it should be ok to not include them on the deal. i told the broker that i will not sign the contract unless one of the MCs goes out to joy. i let him know that for me, principles are more important than money. that day, joy called me up to thank me and told me God will reward me for my good heart.

- we should not insist on revealing the identity of the buyer. again. focus on the CONSEQUENCE. why the hell would we care who the buyer is, as long as they will pay us? policies should be based on merits, not emotions. of course it's ok to ask for the identity of the buyer. but if the broker refuses, should we stop dealing with them? that would be plain stupidity because it's very possible that buyer could have been our ONLY HOPE to beat the amnesty deadline. focus on the consequence, guided by our priorities.

- we should pay attention to the issues raised by the buyers regarding our property and try to address them. example, for many years we've been trying to sell mambaling but nobody ever bothered to have the right of way annotated on the title, which turns out to be a prerequisite before mambaling can be sold. i'm not a real estate expert and knew nothing about right of ways or titles. i simply listened to the buyer and worked hard to get things done.

- whenever someone posts something in our chat group, we must all read, try to understand, and ask questions if there is something we don't understand. this avoids wasting time and prevents unecessary conflicts. i don't know why i even need to add this policy. all educated people know that communication is the key to the success of any group or organization. example in the meeting we had to waste time discussing 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.

- we must never burn bridges or quarrel with any person who we need or might need to accomplish our goals. that includes lawyers, government workers, engineers, etc ... 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 the CONSEQUENCE is 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.

- money is what gets things done. not emotions. influence also gets things done but keep in mind we don't have family members who hold high office anymore. 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.

- we should consider all our meetings and communication like it's a bull session or brain storming, which is an effective tool to understand each other better and come up with the best ideas that can be critical to meet our goals and priorites. in bull sessions and brainstormings, the rule is that nobody should be afraid to say anything. although saying the wrong thing could hurt someone's feelings, not saying something that's in your mind could be more dangerous because we might miss an idea that could be the key to accomplish our objectives and priorities. another rule for bull sessions and brainstorming is we should be THANKFUL when we receive CONSTRUCTIVE CRITICISM. no human being is perfect and for us to improve, we should encourage people to criticize us.

- as what tita jane suggested, when someone speaks, we should let that person finish speaking and not interrupt. i agree this policy is super important.

- make our #1 priority also your number #1 priority because it translates to easily P30m worth of wealth transferring to you. that means whenever there is something that you need to do, like print/sign/notarize/mail the extrajudicial, DROP EVERYTHING YOU ARE DOING and do it right away. even if you are in a meeting with the president. even if you are ill or very weak, do whatever you can to get it accomplished ASAP, like a wounded soldier in the battlefield crawling towards a foxhole to find safety.

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.

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.

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.

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.

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 !!!

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

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.

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.

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.

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.

12/3/20 message


mambaling buyer who doesn't need the right of way

just like some of the interested buyers of mambaing in the past, we have a 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 if 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 if 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 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. although i am confident we will win the case and the right of way of mambaling will be annotated by early january and tito jojo's buyer will push through, we should not rest on our laurels and we should always exhaust all options because we never know which ones would be our savior.

another lesson to be learned here is we should post our for sale properties in lamudi so we can also reach direct buyers, not just brokers. of course we should still meet with brokers because there's no harm and they can still give us more chances.


valuing our mactan lot

looks like the mactan buyer is backing out. note our asking price was P13.2M OR P8k/sqm. also note that if we had had a right of way wide enough for cars, the value is easily P50k/sqm or P82.75m. but i think it's a blessing in disguise because even if we had a wide right of way, the most ideal use of the property is bed spacing or something similar to munoz. bed spacers don't usually have cars. note that the width of the current right of way is more than enough for motorcycles. because of the very strategic location, workers in mepza, city hall, gaisano malls, hotels and resorts will be clamoring to rent it if we only offer P4k/month per room (note munoz's m5 si P6k/month per room). they can have a roommate so they only need to pay P2k/month. note most bedspacers are usually jam packed with at least 4 people per room and at least 8 people sharing a bathroom. with ours, each room have a bathroom (similar to m5). so imagine the full occupancy and even the long waiting list of bedspacers clamoring to live in our C1 C2 and C3.

now let's compute the potential earnings. note i am being very conservative here. i'm even assuming P4k/month per room instead of the realistic P6k/month. m5 has 52 units on a 444 sqm property. that already includes parking space. that means we can easily have 3 m5's on our 1,655 sqm with 323sqm left to spare (in case there are easement requirements). so 52 X 3 = 156 units. let's assume worse case scenario where we only have 50% average occupancy because of an architectural flaw where there is a water leak problem similar to munoz's m5 (note munoz is currently having financial propblems and even mortgaged P8m from the bank using m5 as collateral). so 156/2 = 78 X P4k = P312k per month earnings or P3.74m/year. let's assume a PE of 20 which is very low considering the PE of S&P500 right now is 31. using a PE of 20, the value of mactan lot is a whopping P74.8m. and that's using assumptions that insanely and intentionally undervalues the property. so it's value to our family if we use it is P74.8m minus cost of construction. note the PE of our valle verde condo is 27 (P10m/P360k). and i'm giving our mactan property only a PE of 20. it actually makes sense because munoz is currently trying to sell m5 at P20m because of the architectural problems of the building. the land value is P20k/sqm X 444 = P8.9m. that means the cost of the building is around P12m. so P12m X 3 = P36m. let's deduct it from P74.8m so the land value of mactan to our family is around P38.8m, using insanely conservative assumptions. so next time a buyer of mactan offers P13.2m or even P20m, give them the finger. i'm kidding actually if we haven't sold any property yet and haven't paid the estate taxes we should take the P20m offer.

where in the world can we get P36m for the buildings? the beauty of this idea is that we can start with just 1 building so we only need P12m. this is actually small relative to the sale of any toledo property.

the bedspacing idea does not really require expertise. we don't have to reinvent the wheel we can follow m5 design and call ours c1, c2 and c3. even hire the same architect or contractor. except of course we need them to explain to us the architectural flaw of m5 that is causing the leaking problems so we can verify if they fixed the design. i feel sorry for munoz we just made him our guinea pig.

it's very easy to collaborate nowadays using online collaboration tools and accounting systems that provide transparency where everyone can see the revenues and expense down to the last cent. christian can help with the IT area. i can also help with setting up a system and documentation for all kinds of operations such as maintenance schedules. we just need to document all responsibilities and duties to make it flexible for any member of the clan to join and leave the business. there are so many members in our clan each with our own skill set so we will never run out of manpower.

i'm not saying we will pursue this idea. we should still try to sell mactan at P20m. i'm just saying if nobody buys our mactan lot 5 years from now because of the right of way issue, then we should be happy because that means we have the opportunity to provide stable cash flow for all the heirs and their family.

i interviewed one of the tenants of munoz C5. here are more details on the problems of the building. the drain pipes are leaking and it wets their bed cushions. they know it's the drain pipes and not water supply pipes because it really smells. there's no spacing or kesame between the floors. the pipes, are embedded inside the cement so the problem is very hard to fix. what's worse is that the sinks, shower drain and toilet share the same drain lines. so when one unit flushes their toilet, the tenants in other units taking a shower will smell the tae. he said the smell is strong and terrible. there is no exhaust or hungaw. the lesson we should learn here is never share the shower and sink drain lines with the toilet drain. they have to be separate lines. there should also be exhaust (hungaw). another important lesson is something i always thought about since i started working with houses - route all pipes (drain, water, electrical) outside the walls, not inside. it always made me angry why electrical conduits, water pipes and drains have to be embedded inside walls and under the ground. and it turns out nowadays, it's standard construction design to put all these pipes outside - they just cover it with something that's easy to remove for aesthestics so that it will look nice. so another lesson here is that when my views and opinions goes against common convention, most likely my unorthodox views will turn out to be correct.

another major problem is that the walls and ceilings have cracks. even if you live in the second floor, rain water will seep through the cracks and drip in your room. only engineers or architects can solve this.

i thought each floor has a common kitchen. turns out there is just 1 dirty kitchen on the roof top where only 4 people at a time can cook.

keep in mind despite all these problems, the building is always fully occupied, but the turnover is very fast.

note C5 means it's the 5th building of munoz. so another important lesson to learn here is that that even with all his past experience, mistakes and problems still happen. it's not a sure thing which means if we get into this business we really need to devote all our time and effort.


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.

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.

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.

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.

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.

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.

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.

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


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.

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.

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.


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.

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.

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 will share with you what i shared with tita georgia and tita doris my philosophies and investement experience. it may require time and effort for you to read but it goes a long way in reducing stress and it gives us more conviction and certainty with any of our future decisions. 

one of my houses in vegas was appraised 2 years ago for $215k. so i put it up on the market for $215k and after a year i never got any offers. i lowered it to $180k and after 6 months still no offers. i lowered it to $160k and for the next 6 months got some inquiries but the buyers were only willing to pay $140k. i finally sold it for $140k last january as you can see in my fb posts. so it's really easy to sell a property. simply have it appraised and every 6 months keep lowering the price until you get some offers.

THE REAL VALUE OF A PROPERTY IS HOW MUCH BUYERS ARE WILLING TO PAY FOR IT. the appraisal value does not take into account the market forces. example if the zonal value is P40k/sqm, but because of the covid pandemic the economy collapses, the real value of the property could easily dive down to P10k/sqm.

did i lose $215k - $140k = $75k? the answer is no. in fact i gained $105k because i bought it only for $35k in 2012 (from my share of our house in ruus lane hayward). actually i gained $160k if i include my income from rental for the past 8 years. my point is to look at the bright side. to reduce our stress in deciding how much to sell our properties, we must be aware that, as what tita georgia told me, we all paid zero because it was lola and lolo who worked hard to acquire the properties.

it's also important to know the time value of money. many smart people are not aware of this. even my father who has 2 masters degree in economics was not aware of this until i lectured them about it (including tikay who is an architect and has been involved in property development all her life).

let's say you dream of taking your 10 year old child to hong kong disneland. the memories of that trip would be priceless, or it would be worth hundreds of millions or even billions because we are all going to grow old and die someday anyway and you can't take money with you to heaven. let's say you are trying to sell a property appraised at P30 million but after a year on the market buyers are only offering P20 million. so you wait and after 5 years, finally you get an offer of P30 million. you finally have money to go to hong kong disneland but unfortunately your child is now 15 years old and is not interested in micky mouse anymore and just wants to be with his girlfriend. you basically traded P10 million for hundreds of millions worth of precious memories which you could never take back. you can't rewind time so that your child will be 10 years old again.

someone might buy my vegas house for the appraised value of P215k 3 years from now, but what if 6 months from now i get diagnosed with cancer? can i still enjoy all my millions? of course not. that's called the time value of money.

there's also the OPPORTUNITY COST. i may have sold my house very low compared to the appraised value but 2 months later the pandemic happened which crashed the market. as you can see in my facebook posts, i was buying zoom, tesla and the vaccine stocks which all quadrupled since the crash and i made $80k. luckily real estate wasn't affected but if it was, i would have been protected because i got to sell one of my properties before the crash.

it's possible the philippines can experience a real estate crash. not even the smartest person can predict what will happen. the only thing we can do is sell some properties to lock in some of our gains and avoid the pain. the recent rise in property values in the philippines was buoyed by tourism and OFWs buying properties. that is gone now because of the pandemic. nobody knows how long the pandemic will last and if the vaccines would actually work. keep in mind we already have flu vaccines yet 750 thousand people still die each year from the flu. the properties can easily be cut in half overnight once the economy starts to unravel.

my point is that if we get an offer for any of our big properties that is around 30% below the appraised value, we should take it. just 1 property. after that we can afford to wait 5 years or even 10 years to sell the other properties. time is now on our side.

example if pelaez is appraised at P25m and we get an offer for P20m we should just take it. by doing that you gain billions in terms of less stress and worries on beating the estate tax amnesty deadline. some heirs gain billions in terms of being able to live more comfortably and fullfill their dreams. we also never know it might save their life because now they have money for medical emergencies.

besides we've been approached by many brokers interested in pelaez but their buyers will always back out when we offer P25 million. remember i sold my vegas property at 34% below the appraised value even if america is suppose to be more standardized and more systematic in determining property values. this means we should not be too dependent on the appraisal value especially in the philippines which has less standardized appraisal systems.

however if mamabaling gets sold first, then there is no need to sell pelaez at lower than the appraised value. we need to relax our price on just 1 property. i'm not saying we should do this on all our properties. it's just common sense.

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


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.

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.


HALLELUJA !!! praise the Lord !!! (6/20/20)

GOOD NEWS !!! !!! 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.

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.

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