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= 4/22/22 hearing retrospective =
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(just sent this to atty balili. we should learn from yesterday's hearing that everyone should at least trust me so i will have less mistakes and the judge won't be angry at us. the judge was angry at us for submitting the inventory after the deadline because nobody was replying my postings in our chat group soliciting info on the missing mambaling and toledo titles so i didn't know what to put in the affidavit of loss so i can legally put in the inventory the status. if we make these kinds of mistakes that angers the judge he might assign co-administratorship to Ang)
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good morning atty, i want to summarize our meeting with tita georgia and tita doris yesterday and also report it to the heirs to ease some of their worries. i also have a few questions and requests. first, in behalf of the heirs, i would want to express my gratitude and thanks. the heirs feel so blessed and lucky to have you as our lawyer. based on our experiences, the heirs sincerely believe that your expertise and competence is very rare and there is no way the problems of the estate would be solved if you are not our lawyer.
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- the #1 priority of the heirs is to pay the estate tax, including toledo, before the amnesty deadline. i just want to inform the heirs that you confirmed that after the hearing on may 18, there should already be an order from the court to direct the BIR to submit the final computation. the money set aside is P4m. the initial estate tax computation is P2.8m including toledo 6ha 3816, .1ha 3817, 3.5ha 4129 and .38ha 4130-prt. but this EXCLUDES TOLEDO (60ha 4126 + 6ha 4127 + 9.8ha 4143 + 1.8ha 3820 + 2.2ha (no lot#)). let's call these "toledo new tax decs" because we took possession of their tax decs only last year (after many years of wrangling).
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- the #2 very big concern of the heirs is the P9m estate tax computation of the toledo new tax dec properties. the fair market value assessed was P200/sqm. however, you said it's possible to negotiate a settlement with the BIR and maybe bring it down to P3m which brings our total estate tax to P6m. the heirs also claim that 2 years ago, they were looking for buyers for the toledo property and the best offer they got was only P50/sqm because there was no right of way and it was forest timberland. which means at the time of death of my grandparents (1995 and 2001), the fair market value has to be much less than that. in fact, the reason why NGCP won't pay us for the 4 towers they put in our property is because until recently our property was classified as forest timberland which is imminent domain. we would also like to get advice on who to consult in the BIR regarding this matter. my father has contacts in the BIR but i don't want him to get too involved due to his health.
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- the #3 big concern for the heirs is the source of funds to pay for the "toledo new tax decs". we were blind sided when we received the P9m computation. we were always under the impression that forest timberlands have very low zonal and market value. in fact at the time of death the zonal value for the new toledo tax decs was only P10/sqm. until yesterday, we never worried about the source of funds to pay for the additional toledo estate tax because we had interested buyers for our mambaling property. but in yesterday's hearing we learned that because the amnesty has been extended to june 14, 2023, the judge might not approve the payment of capital gains tax which basically means we can't sell. although the amnesty deadline is still 1 year and 2 months from now the heirs are very worried because we have no idea when we can actually have a hearing where the judge will order a final computation from the BIR and appoint a regular administrator. it's obvious to us that atty gica is trying his best to delay the hearing and it seems there are lots of tools in his disposal to delay the hearing.
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the problem is if the appointment of regular administrator keeps getting delayed, there might not be time left before the amnesty deadline to sell mambaling. we would like to request in the next hearing to inform the judge about these legitimate concerns. all we ask for is that if the hearing or appointment of regular administrator is delayed again, that the judge assures us the court will approve the payment of capital gains tax. the heirs would also want to request that in the next hearing, to inform the judge that we cannot be making offers to sell yet unless we can assure the buyer that the sale will be finalized without any hiccups. also inform the judge that it can take many months and even more than a year to find a buyer at a fair price.
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most importantly inform the judge that if the amnesty deadline is not met, the value of the properties are pretty much the same as the liabilities on estate tax which practically makes the entire estate worthless.
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- the #4 concern of the heirs is the concern that you brought up in the meeting that Ang might have some evidence we don't know of to support his P43m claim. is it correct for me to say that after 12 years of litigation, it's safe to say all evidence and tricks in his bag should have already been exhausted? is it also correct for me to say that his demand to pay him P6m in 2016 should invalidate his P43m claim?
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- the #5 concern of the heirs is the request of atty gica to make Ang a co administrator. as you said in the meeting, there's very small chance Ang will be granted co-administratorship because of the rule which states that heirs have higher priority. you also confirmed that all estate decisions are majority vote and the heirs can petition to remove any administrator who does not carry out the will of the majority. but as you said, it will be a big headache on your part and it might further delay the sale of our properties. therefore the heirs would like to request that i be given the privelege to speak at the hearing and give a counter argument.
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this is what i would say in the hearing:
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- your honor, i'm not a lawyer but my understanding is that the responsibility of an estate administrator is to pay the debts of the deceased and preserve the value of the estate for the benefit of the heirs. in the past 2 years, all i have done was make sacrifices and efforts to pay the debts and preserve the value by paying the estate taxes before the initial deadline was extended. on the other hand, Mr. Ang has demonstrated that his intentions are unfair and very dangerous to the value and interest of the estate which should disqualify him as co-administrator.
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i think it's very important for the court to know that we do have the money that mr. ang was formally demanding in 2016 + interest. we can pay him right now. therefore there really is no reason for mr. ang to be the co-administrator.
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moreover, i am willing to testify under oath that all my proceeding statements are true and correct.
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all my activities regarding the estate have been logged in the collaboration tool of the estate that's why it was easy for me to recall. since the initial amnesty law was passed, the heirs have been desperately trying to sell a property to pay for the estate taxes. the reason i got involved and the heirs trust me is because i loaned the estate P1.5m to redeem one of the income generating properties that was being auctioned due to non payment of property taxes. even if at that time, i had no clue on how they will be able to repay me. i did it solely out of love and concern for my beloved, aunts, uncles, and cousins and in honor of my grandparents who were the greatest grandparents anyone could have. many were shocked that i only own a junky old motorcycle and borrow the 30 yeard junky car of my parents yet i would rik P1.5m of my hard earned nest egg without interest. i just told everyone that material things are not important in life. helping others is what makes me happy.
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a lawyer even adviced me to file for judicial partitioning where my dad will surely get the property i redeemed so we just have to pay the estate taxes for that property and we don't have to worry about the problems with the other properties. but instead i chose to file for administratorship and made another sacrifice of posting a P20m bond because the welfare of all the heirs is more important to me than money.
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i was told that around 2018, the heirs were informed by their then lawyer Atty. Tan that Mr. Ang was already willing to settle for P3m. Atty Tan can attest to this. in fact, 2 of the heirs, Anne Georgia Solante and Jane Willkom told me they approached atty tan and offered to deposit the P3m in court.
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the heirs were aware that the only way to pay the estate tax was to pay mr. ang first because it's a requirement in the extrajudicial that the deceased left no will and no debt. in nov 25, 2020, with the amnesty deadline approaching, i set out on a mission to locate mr. ang. after lots of effort i finally knew where he lived and tried to talk to him. because of the pandemic, we only talked through the phone in the guardhouse of his house. he told me to make a written offer. i came back to his house with the written offer. i still have the very friendly and conciliatory letter i wrote to him. i also informed mr. ang about the URGENCY to accept our payment so we can file the extrajudicial and beat the amnesty deadline.
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2 months later, i was very happy when mr. ang's secretary said that mr. ang decided to accept payment. but when i talked to mr. ang, turns out he was asking for the market value for all the titles in his possession. in 2016, mr. ang sent us a demand letter for our P3m debt + interest which totaled to around P6m which means he knows clearly well that the court decision in our case was that mr. ang does not own the properties and we just need to pay him what we owe + interest. how can we trust him to be co-administrator when he does not even respect the decisions of the court?
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i also find it very unprofessional and immoral for mr. ang to claim P43m without even an ounce of evidence. for the last 10 months, the P43m claim caused a lot of stress and anguish to the heirs with frail health and suffering economic poverty. the delays and unpredictability of the schedule of the hearings was torture for them and it really broke my hear to see them suffer. some of their children and grandchildren had to quit college. i was loaning them money for tuition but now i already ran out of funds.
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at that time there was no extension of the amnesty deadline yet. it's very obvious to anyone with common sense that mr. ang has no interest in preserving the value of the estate and that his actions would have caused irreparable damage to the estate which would have even be destructive to the claimants including mr. ang himself. how can the good court trust mr. ang to preserve the value of the esate when he does not even have the competence to preserve the value of his claim? luckily the amnesty deadline was extended, atty balili came to our rescue and i had the money to post the P20 million bond to be special administrator so we can sell a property and pay for the estate taxes.
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your honor, the deadline maybe 1 year and 1 month from now. but the heirs are very concerned because sometimes it can take many months or sometimes even 1 year to find a buyer for the property. yet mr. ang continues his never ending quest to endanger the estate and cause mental anguish to it' heirs by delaying the hearing simply because they did not receive the judicial affidavit that was sent to them registered mail. the administratorship has lots of responsibilities and issues that need to be resolved. he can't even perfrom the very basic task of receiving and reading a document that was sent registered mail.
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and lastly, with mr. ang's age and the covid still lingering around, and with the many issues and responsibilities of the administrator, it would be dangerous for mr. ang to perform the duties as administrator because it would involve face to face interactions with various buyers, geodetic engineers and brokers. even before the pandemic, many of the heirs don't even know what he looks like or have never seen him after all our history because he is always unreachable.
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= 3/8/22 redemption request and FUTURE PLANS =
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yesterday i followed up our redemption request for tita jane's house and they said the OIC already issued a reply but they still need to process and release it. they got my number and they said they will call me as soon as it's ready.
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it is important everyone reads this post because we finally have CLEAR VISIBILITY on the direction of the estate.
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as you know our hearing for assignment of regular administrator is march 30 (it was suppose to be september last year but the judge got covid and then typhoon odette disaster happened). the court will publish in the newspaper and give 6 months for all claimants to come forward. which means for sure by october we will have a settlement plan where the main house will be assigned to tita georgia and tito mike, the estate taxes will be paid and we will get all the titles from Ang. note there is already money for estate taxes and Ang which was set aside frome the pelaez sale.
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the top candidates for the next sale of property is mambaling (~P30m), guba (~10m) and the 6ha lot 3816 of toledo (~P30m) along the national road. 3816 of toledo may take longer because we won't sell it until the court order on the ejectment of squatters comes out.
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on the next sale of a property, i will set aside money for:
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1) future property taxes of all remaining properties for the next 10 years
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2) funds for maintenance of lola and lolo's plot in queen city for the next 10 years
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3) funds for the topographical and relocation survey of 4143 (10ha), 4126 (32ha) and 4127 (6ha) = P48ha total
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4) funds for fencing (cheap barbwire) of all our properties in toledo
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5) funds for reconveyance of 4143 title
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6) package contract with engr. norvic abella to convert the existing PRIVATE road from mormons to our 4126 to a barangay road.
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i haven't done any calculations yet but for now my rough estimate would be around P2m. but as usual everything will be transparent and all accounting will be itemized in our wiki for everyone to monitor.
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after consulting with engr. norvic, he suggested i hold off on our right of way mutual MOA with the garces for now because it might jeopardize our request to make the existing road a barangay road. the road that passes through our 4129 and 4128 of garces cannot be converted to barangay road because there is too few residents along the road (just 1 household).
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engr. norvic assured me that there is a 100% chance the conversion to barangay road will be granted because 27ha of our 4126 has been CARPed so there's a huge farming potential. the government will always want a road that lowers the cost of farm goods and not having a road to transport the goods to the market will increase the cost which takes away the incentive to farm. the national goverenment right now is desperately trying to promote and incentivize more farming to increase food security.
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after the surveys, engr. norvic can plot the coordinates of the road and draft a barangay resolution. i already talked to brgy. captain chito alferez and he was very happy because he currently uses the road for his sand and gravel business but he has to pay a toll fee of P200 per truck to the owner of the private road. engr. norvice will also draft the reqest or petition letter that will be signed by the residents who will benefit from the road.
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what's amazing about this plan is that we won't have to spend for the building, cementing, and maintenance of the road. once it is classified as barangay road, there will be funds for the cementing and maintenance. this will save us millions. note that the current existing private road will cut through the aboitiz lot so it will need to be diverted to the boundary which could cost us a lot of money if we do it ourselves. if we proceed with the road that goes from our 4130/4129/garces to our 4126, it would also cost us a lot because it will have to go over a creek therefore we will have to build a small bridge.
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this will also increase the value of our 48ha (4126/4127/4143) easily by P200/sqm or P100m. we can easily sell the entire 48ha for P400/sqm or P192m. my uncle joe soberano of landmasters is very interested in buying it. that's P21m per line of heir.
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of course you can do whatever you want with your money but my suggestion is to use P2m for enjoyment then use the rest to build a 3 storey munoz style bedspacing building on your lot at the compound or in mactan. note that if the judge vagano decides that atty tan would be paid in cash instead of the mactan lot, we will subdivide mactan among the 9 line of heirs. this would provide economic security for many generations to come and lolo and lola's dream will finally come true.
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i will be the GUINEA PIG and document everything including where i bought the nails, which government official i bribed to get the permit, how to mcgyver a motorized cart that will efficiently transport the hollow blocks and cement from the main road to our mactan lot (note there is no right of way), etc ... etc ... if i succeed, that means your risk and pitfalls are minimized by simply following my documentation to the letter. if i fail and i lose millions you can all just laugh at me and invest your inheritance safely by buying ready made townhouses for rental income.
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note we will push through with the subdivision development of 4130/4129 (3.5ha) and 4126/4127/3820 (8ha). our partner is aroha land (office is in andres abellana) and we get 40% and they get 60% of all the sales. we are still waiting for the subdivision plan and titling of 4130 (.38ha) which should be expected to come out by the end of the year so the architect can start the design. this is more of a symbolic decision so that there will be a street named after lolo, lola and each direct heir.
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now that we have a clearer visibility on the direction of the estate, it's now easy to see the big picture to help us make better decisions. this means if the best offer for our next sale of property is let's say P3m less than what we want, we should still go ahead with the sale because it will equate to easily P100m increase of our entire estate if we have the funds to survey and fence all our toledo properties and convert the existing private road into a barangay road.
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* ---------------------
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the rest of this post is not important so you can just skip it if you are not interested:
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after the barangay road is approved and the property has been surveyed and fenced, we can start analyzing and planning how we can monetize the property before selling it. we can quarry and supply clay to APO cement. i did some research and calculations and my estimate is we can earn around P20m in a span of 1 year and 3 moths if we get a permit. note that the barangay captain and the brother of the mayor of toledo tried to be our contractor to haul the clay and both of them tried get the permit but both of them were denied because carmen copper currently has the mining rights even if it's our property. however i know the pages side of my mom's family is the original holder of the mining rights and atlas mining has been paying them royalties ever since. i also know they have close connections with the executives and board of atlas and carmen copper. i play golf with my pages uncles regularly so when the time comes i will ask if they can influence some decision makers to grant us a permit.
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note the clay hauling has very small chance it will happen but there is nothing to lose if we keep trying. here are some notes of my research: APO cement pays P390/ton = P780/cubic meter = P6,240/truck. truck rental is P1k/hr which already includes driver and diesel. APO cement is in naga, which is around 45 minutes from poog, therefore a truck can do 1 roundtrip delivery per 1.5hrs. this means truck cost is around P1.5k per delivery. the backhoe rental is P2,500/hr and if we rent 4 trucks it can load 20 trucks in 8 hours so the backhoe cost per truck deliver is around P1k. the waste disposal permit cost is P50/cubic meter so it's P400/truck. this means the estimate profit is P6.2k - P1.5k(truck) - P1k(backhoe) - P400(permit) = P3.3k/truck. the employee from APO cement who was asked by kap chito to inspect our property said his rough estimate for amount of clay in our 4126 property is around 50k cubic meters or 50k/8 = 6,250 trucks. so the potential income is around 6,250 X P3,300 = P20m in a span of 1 year and 3 months of operation (6,250 trucks / 20(per day) / 5(days per week) = ). if we buy our own truck and backhoe, the revenue would be P39m. that means our cost of truck and backhoe rental is around P19m. maybe we can just buy a truck and backhoe and after the operation we can rent it out or sell it. i checked carousell and there are lots of komatsu backhoes selling for P3.5m and isuzu 10 wheeler dump trucks selling for P1.5m. which means it's probably a very good idea to buy them ourselves. and instead of lolo and lola's pinanggas in the compound playing video games all day, they learn to operate the backhoe and drive a truck and earn around P1,000 a day for doing something that is just as fun as playing video games. hehehehe.
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by the way, if we decide to buy our own 10 wheeler truck, we should just buy 1 to lessen the risk and maintenance headache. but the problem with only having 1 truck is that each waste disposal permit has a limit of 10,000 cubic meters and the period is only 3 months. this means we have 3 months to complete 10,000 cubic meters before we can get another permit. if we only have 1 truck, it will take us 1 year to complete 10,000 cubic meters based on my calculations. but governer gwen's best friend is my tita tikay so maybe when the time comes we can ask tikay to ask gwen to extend our permit from 3 months to 1 year, because anyway the volume is the same. we just need more time because we only have 1 truck. anyway this clay hauling has very small chance it will happen so it's nothing to worry about. i'm just crunching the numbers beforehand just in case a miracle happens and we get a permit, we can make better decisions.
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= 2/20/22 misc updates =
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tita georgia is currently asking help from her friends in the court system to expedite the scheduling of our hearings to pay the estate taxes, finalize the settlement plan, and recover the titles from Ang. atty balili says the court is currently very busy and they are not giving our case a high priority.
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last friday, i went to toledo to pay the property taxes of all the lots. i brought with me P100k turns out it was just enough to pay 4126. i am posting the receipt.
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on the sale of next property, i will set aside money for the property taxes of all remaining properties for 5 years. currently, these are the more urgent expenses:
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* rpt other toledo properties ~ P50k
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* redeem tita jane's building ~ P200k (just a rought estimate given by arnold from city treasury)
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* rpt of mactan ~ P146k
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* survey of lot 4126 and 4127 so we can fence it and give us more options to monetize (sell/plant crops/haul clay, relocate squatters from the prime lots (3816,3816,3820), etc ...) ~ P600k
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i will try to apply for development permit on our 4126 just in case the contractor backs out in the hauling of clay we will just do it ourselves. this is a contingency plan in case we can't sell a property at least we have cash flow for the property taxes and other expenses. maldo is currently asking the owners of the properties along the existing road that goes to our lot 4126 (entrance near the mormon church) how much toll fee they will be demanding if we use that road to haul clay. when i was there last friday, one of the owners said the standard fee is P8 per truck. once i get the total from maldo, i can compare it with the estimate cost of building a road from lot 4130 and if it's cheaper, we might as well use the existing road and pay the toll fee. the good news is any heir who plans to farm (plant crops, raise farm animals) in our lot 4126 can use the existing road without having to pay any toll fee. i confirmed with the barangay captain that by law, property owners should be allowed access as the vehicles are not used for industrial purposes.
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i was just informed that 7 years ago, there was an interested buyer named Pacubas who has a property next to our mambaling lot who don't need the right of way. they were ready to pay us P20m to purchase the property. they did not need the right of way because the lot connects to their property which already has a frontage. the only reason why the purchase did not push through was because the estate taxes at that time was so big due to no amnesty. after our estate taxes are paid, i will offer it again to pacubas for P30m. but my guess is they will negotiate for around P25m.
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we have other offers for P30m and P28m but the buyers require a right of way. the good news is ROD has already verified we legitimately purchased the right of way but the problem is we cannot find the original owner's copy of valles' title. i will try to make a deal with the dela cernas in case they have it or maybe atty balili can file a case for re-issuance. but this means there is a big chance we will finally get the right of way for mambaling.
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= 10/12/22 addendum to future plans: partitioning =
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some heirs are demanding their share of the estate. the good news is that's what i've been trying to do since the beginning - fixing the issues so that we can partition the properties fairly among the 9 line of heirs. these things don't just fall out of the sky like magic. these things take a lot of time, money, and lots of effort. i understand that some heirs don't understand how real estate works. the good news is tito virgilio is a broker or an expert on real estate so you can just consult him if you have questions or you want confirmation on the things i'm saying here. the reason why we sold pelaez is so we can pay the estate taxes and subdivide the properties.
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that's why i visited salvador Ang every week for 3 months hoping he would accept our offer so we can do an extrajudicial because it's very clear in the law that we cannot do extrajudicial if there is a debt annotated on the titles. our BIR examiner edith sibayan and the head of ROD atty cugtas told me clearly that we cannot do extrajudicial until we pay off Ang and remove the annotations. you can call them or visit them at their office to confirm what i'm saying here. no notary in their right mind would notarize our extrajudicial because of the debt annotations because it will surely get them disbarred. even atty tan would not notarize until we pay off Ang and remove the annotations in the title. but Ang demanded we pay him the market price for all the titles in his possession. Ang demanded P43 million. anyone who signed the extrajudicial would have been guilty of perjury and go to jail and we cannot even claim good faith or ignorance because we did have a lawsuit with Ang that lasted for several years.
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the aloguinsan lot can now be claimed by tito virgilio, and the heirs of tito gerry and tito bertie. it's 600 sqm so each of the 3 lines will get 200 sqm each. you can already start fencing, building a vacation house and even list it in airbnbn. it's only 1 km from hidden beach which i even find better than boracay because it's not crowded. i wrote a long piece about it and posted photos in our chat group. but you still need to have it surveyed and partitioned. the survey will probably cost P30k. then a representative from each of the 3 partition will draw lots. do not expect these things to just magically happen.
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don't get me wrong. the things i'm saying here may sound negative but actually there is no problem. we have so many reasons to celebrate and be thankful for and ABSOLUTELY ZERO REASON TO BE WORRIED ABOUT. lola and lola and the good Lord will be angry at you if you continue to worry and be negative despite all the blessings they have given to you. all the remaining issues are very solvable. they will just take time, effort and money. we have many options for source of funds and i will continue to find more creative ways to secure source of funds. the only problem is SENSE OF ENTITLEMENT AND EXPECTING EVERYTHING TO JUST FALL FROM THE SKY LIKE MAGIC.
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i forgot to emphasize in my previous post that the ultimate goal of the estate is to partition the properties, then a representative for each of the 9 line of heirs would draw lots. that's why i keep saying in my plans, "i will be the guinea pig" because the ultimate end game of our plans is going our separate ways. as i've been repeating in my post, we will partition mactan into 9 so each line of heir can build their own bedspacing business where "i will be the guinea pig" who will assume all the risk of starting a munoz style bedspacing building in my father's partition and if successful, i will document everything i did so all the other heirs can follow. if i fail, i will be the only one who will lose a lot of money and the other heirs can just laugh at me.
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the reason why i'm not proposing to partition mambaling YET is because there is a right of way issue and it's more advantageous for everyone to pool our resources to fix the right of way issue because we will all benefit. without the right of way, we would be lucky if each line of heir can get P1 million from their share or partition instead of P3 million. the reason why i'm not proposing to partition guba YET is because selling guba might be our only hope to have funds to fix the issues of toledo so we can partition it. we still need to file reconveyance for the titles of 4143(10ha). we still need to file ejectment for the 74 occupants. we still need to remove the other declarants of all the lots. we still need to remove all the encumbrances of all the titles (not just toledo). before we can partition, we need to survey the 62ha which can easily cost P650 thousand. and it's also better if we negotiate the right of way of all the lots which would quadruple the value. these things don't just fall out of the sky like magic. these things need a lot of time, lots of money, and lots of effort. if you don't trust me, consult tito virgilio if you want to confirm the things i'm saying here.
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if i partition the toledo properties right now so we can draw lots and go our separate ways, each line of heir would have to fix the issues of their own. i dare anyone to go to 3816/3817/3820 and 4143 area and let's see if you won't get chased with a pinuti just like what happened to tita doris. resolving the issue of removing declarants and occupants is very sensitive and very dangerous and involves streetsmarts and strategy. based on the history of this family's ability to handle these kinds of problems, the lives of many of lolo and lola's pinangas would surely be in danger. whenever i'm in toledo, i always have to watch my back and i can't stay there for too long. maldo always get nervous whenever i go there. even maldo can never step foot in 4143 and 3816 area because he will surely be killed.
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it would also be ridiculous for me to continue the responsibility of selling tiny partitions and distributing the checks for the next 30 years. it would always be a source of mistrust and disputes, like what happened in the past. the only way to prevent mistrust and disputes is complete transparency through a collaboration tool such as our wiki. just imagine even if we already have complete transparency via our wiki there are still tremors of mistrust and disptues. so you can only imagine if i pass my responsibility to someone else who is not tech savvy. the family would immediately disintegrate into chaos like what happened in the past.
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actually, i could and i should just partition all the properties into the 9 line of heirs so we can draw lots and go our separate ways. i already repeated saying many times in the past that i could have done that since the beginning, and it's what my father wanted me to do before pelaez was sold. because we could pay our own estate taxes and resolve the issues of our partition ourselves. we could also have gotten the most lucrative property which is pelaez because i was the one who redeemed it. the reason why i went against my father's wishes was because i felt sorry for the heirs who didn't have the ability and funds to pay their estate taxes and fix the issues.
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as i said in my plans, the toledo properties will be either developed into subdivisions or farm lots. 4126/4127 would just be a tabular subdivision. 4143 already has a tabular subdivision with titles which we just need to reconvey. once this is all done, we will subdivide everything into 9 as fair as possible so we can draw lots and include it in the settelement plan where there will be a hearing before it gets approved by judge vagano. these things can take time. meanwhile, wouldn't it be nice if we can earn income by hauling clay and flattening those 2 annoying cone towers (that i showed you in the photos) and selling the waste to reclamation contractors of the san fernando wharf and toledo airport? wouldn't it be nice if we start using it raising farm animals or planting coffee? so i apologize that i didn't make it clear that these activities are just temporary.
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= 10/8/21 10ha issue of 4126 is resolved =
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contents:
 +  +
1) 10ha issue of 4126 is resolved
 +
2) 3816 encroachment
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3) right of way MOAs for 4126/4127/4143
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4) long term goals
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*---------------------------------
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1) 10ha issue of 4126 is resolved
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good news !!! i got the certification from DAR that we own the 10ha of 4126 that they assigned to bernarda gaerlan. attached is the photo of the certification. i think they got scared when i gave them my administratorship oath and they learned the property is under administration which means any anomaly will be exposed in court. it is very important that if we ever come accross these kinds of issues we should never let it rest until it gets resolved. the world is full of people who will always find a way to game the system.
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2) 3816 encroachment
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tita doris informed me someone is constructing a big house in our 3816. note i already made it clear in my dialogue with the occupants and my letter to the barangay that any new construction will have to pay us the market price of a subdivision lot which is at least P2k/sqm. i guess they are willing to pay that. it's a waste of time to confront these people. we will just wait for the ejectment which i plan to submit on the first week of april to give us time to do what we need to do to jumpstart our plans for 4126/4127.
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3) right of way MOAs for 4126/4127/4143
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i had a meeting w/ atty balili yesterday. i reviewed the draft of the MOA's and requested some changes. first i asked if it's ok to include 4128 (garces) and 4138 (sejismundo) in just 1 MOA to make it simple. atty balilil agreed and will make the changes. i also asked him to put in the MOA that we will handle all the expenses. anyway, we would be the biggest beneficiaries because it would give 48ha (4126/4127/4143) of our properties access to the national road while their properties that would benefit from the MOA is only 5ha. the garces and sejismundo administrators also told me that they are willing to sign the MOA but they have no money to contribute to the expenses so i told them we will handle all the expenses.
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4) long term goals
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as i mentioned in my previous posts, our plan is to sell guba and mamabaling and to subdivide mactan among the 9 line of heirs. in mactan, i will be the guinea pig and start a munoz style 18 unit bedspacing on my dad's partition. if successful, i will document everything i did so other heirs can follow.
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for our 62ha in toledo, the goal is to average P1k/sqm. that's P620m or P68m per heir. this is actually a conservative estimate but the caveat is it will come in trickles within a span of 20-30 years. which is a blessing in disguise because it protects the irresponsible heirs from squandering their inheritance all at once. this is a hybrid or best of both worlds strategy because the older generation can enjoy their inheritance from mambaling and guba sale and also rest easy knowing that if anything happens to them their children will always have something coming their way for many years to come. it's also the best protection from inflation, especially with the pandemic and governments all over the world are printing money like there is no tomorrow. so if the sale of the lots are slow, it's a blessing in disguise because the value will continue to increase as time goes by.
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the plan is to develop the 8ha (3816/3817/3820) and the 3.9ha (4130-c-2/4129) into a residential subdivision. we should be able to average P1.5k/sqm. subdivision lots in poog average P3k/sqm but since it's a 60-40 joint venture we only get P1.2k/sqm.
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an urban planner named architect arturo atega is already in the process of designing our subdivision in 4130-C-2/4129 (3.5ha). he is from the cagayan area so i wonder if the willkoms know him. note this is a 60-40 joint venture with aroha land so we don't need to put up any capital and won't owe anybody anything. i just want to make it clear there is no risk on our part and this is not the same as the deal between lola and salvador ang. we just need to make sure in the contract that the development should include standard subdivision features such as paved roads, drainage, electricity and water connections.
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when mambaling or guba is sold, we should set aside some funds for the survey of 4126/4127(38ha), 4143(10h) and our 2.2ha across the ilag river that has no lot number. this would total 50ha which could cost us around P500k. but this would allow us to optimize the use and income of these very valuable properties. example, if we plan to flatten a hill to sell the waste to a reclamation contractor of san fernando wharf or toledo airport, we need to make sure we don't accidentally encroach on another property. we don't even need to fence i'm planning to just use straw ropes (the one used for packaging) and bamboo for the poles just to give us temporary boundary markers so we can plan with confidence. hauling would give us immediate and stable operating cash flow. we also need the boundary markers to plan where to relocate the occupants of 3816/3817/3820 and 4143.
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one option is to also develop 4143(10ha) and 4126/4127/2.2ha(40ha) into a residential subdivision after the 3816/3817/3820 and 4130-c-2/4129 subdivisions are sold out. in the meantime we can just do a tabular subdivision (no roads, no drainage, no electricity and water connections) where we partition them into 1,000 sqm farm lots. i saw some real estate videos in youtube and farm lots in locations similar to ours are now around P1.5k/sqm. but we will only sell ours for P1k/sqm. tita georgia even said farm lots in guba near our property are being sold for P2k/sqm.
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while waiting for the farm lots to be sold, any heir can follow in sheryll's footsteps and get into farming. maybe plant coffee which will make the farm lots more attractive and earn around P10k/ha per month. let's agree that whoever utilizes a farm lot won't need to pay rent to the estate because anyway each line of heir virtually owns at least 5ha (48ha/9). so if a line of heir plants coffee on 5ha, that heir can earn P50k/month. it cost around P50k to plant 1ha of coffee (including cost of labor and cultivation) and after 3-4 years, it can start earning income. but you only need to plant once. coffee plants can continue to produce for 50 years without replanting. it's low maintenance and most of the labor required is on the harvesting. you don't have to worry about marketing or finding buyers because nestle will buy it at market price. (https://cafedelipa.ph/coffee-farmer-now-tomorrows-millionaire/). i can be the guinea pig and start on a 1ha. if it works out, i will document everything i did so other heirs can follow.
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i am currently exploring the possibility of securing rights from atlas mining (now carmen copper) for them to dump their excess soil in our 2.2ha so we can process it for sand and gravel. we can easily income P1 million a month if this happens.
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for the annoyingly tall and steep mountain cones in 4126/4127 that we should flatten because it's not fit for agriculture (click this link for the photo: https://photos.app.goo.gl/fFCFRHMCAXSdi5nd7), i'm also exploring the possibility that we will do our own hauling. reclamation contractors pay P3k/truck so instead of being paid only P500/truck by a hauling contractor, maybe we can get more income if we just rent trucks and a backhoe. truck drivers already come with the rent (P6k/a day). abled body heirs in cebu who have no job can have fun learning how to use the backhoe like a toy and earn lots of money in the process.
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while waiting for the farm lots to be sold out, which can take 20 years we can use the farm lots like a test lab to start a family farm wiki network. similar to the minecraft wiki but for real farming. agri experts all over the world can contribute to the wiki. the goal is for anyone without any agricultural background to buy farm lot and start a family farm. the wiki will contain everything they need to know.
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the selling point of the project would be - when there's an economic crisis like the ones in greece and venezuela, people starve. which is ridiculous because it's even possible to plant food in mars even if there is no air, no water and the soil is very poisonous. i understand farming can be laborous, but just think of the millions of people who bike 50 kilometers or run 5 kilometers on weekends to train for ironman triathlon, or dedicate their lives to excel in sports such as basketball and soccer, or spend most of their free time in the gymn lifting weights just to look cool. it's just a matter of mentality or cultural shift. when i was a kid, triathlons were not cool. right now society is begging and looking for the next cultural revolution. there's really nothing new in music, movies and tv shows. farming does not have to be laborous. new industries such as farm equipment rental can start to blossom in the philippines.
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the revolution is starting to happen. family farming videos in youtube are now getting millions of views. check this out - https://youtu.be/T15gXm6ha_I.
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my test lab would experiment on the smallest possible farm that could sustain a family of 5. maybe include free range chickens, goats, cows, pigs, batong, cabbage, camote, corn (for bugas mais as the staple), okra, etc ... maybe use solar energy with backup generator for the freezers to store excess meat and vegetables. just like minecraft and roblox, the room for creativity is endless.
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also i think backyard hydroponic gardening would be the best family hobby to expose kids into. the hydroponic gadgets and materials are like fun toys except it will produce real food and real income. it's fun, challenging, and also provides economic security for your family in times of crisis. it can even become a career. they can take up B.S. agriculture which experts say is one of the few careers left in the future because most jobs will be automated by AI. there's so many videos and materials in the internet you can have fun watching and learning. check this out - https://youtu.be/T15gXm6ha_I
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= 10/3/21 misc updates =
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this is the invoice for the lawyer fees: https://drive.google.com/file/d/17nM3C1RrDn0_zZrjZkw8keQYgRrsNLYf/view?usp=sharing . P60k is for the mutual MOA of our toledo 4126/4127 (38ha) that would give the lots right of way to the national road and increase the value easily by P200 million. it will also enable us to build the road for our plan to supply clay to APO cement. it took long because atty balili had to include the coordinates on where the road will pass. another P60k is for the re-issuance of new title for the valles title so our right of way in mambaling can be annotated. mambaling cannot be sold without the right of way annotated on the title of valles.
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other updates: all the requirements for the 4130-C-2 approved subdivision plan has been submitted. it should take around 3 months for the subdivision plan to be approved. this is required by the hauling contractor so they can start building the road going to our 4126/4127.
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i've been following up aggressively with DAR on the resolution of the 11ha of our 4126 that DAR assigned to a bernarda gaerlan. so far they've been doing delaying tactic but i will give it 1 more month and if there still is no progress i will resort to more drastic measures maybe file a complaint at the ombudsman
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= 9/14/21 11ha deficit of 4126 =
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refer to this photo: https://photos.app.goo.gl/pUb8mroenjf5ELsQ6
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i was bothered by the official subdivision plan of DAR that indicated we only have 21ha instead of 32ha. notice in the photo i encircled in pink the entry in the table that shows OC (Owner Cultivator) only totals 21ha. i also encircled in blue the 11ha lot under the name bernarda gaerlan inside our lot 4126. so i went to DAR to question this and the officer told me that according to their records we only retained 21ha. i showed her our original blue paper taxdec and asked for an explaination why the total for the tenants is 27ha and the taxdec shows we originally had 60ha therefore 60ha - 27ha should be around 32ha. she called her supervisor and her supervisor said we need to add up the areas of tenant #1 to #58. luckily i already computed that total in an excel spreadsheet and showed it to them. then the supervisor told me that the 11ha lot in the map under the name berarda gaerlan is not part of our 4126. so i showed them the boundaries in the taxdec that showed the north boundary of 4126 is ilag river and lot 4149 and the 11ha is not part of lot 4149. i also showed them the cadastral map from DENR. they told me they would need to do further investigation but it will take long. i asked what documents they need for them to resolve this issue? they said they will need to get an LDC from DENR. i asked how long will it take them to get an LDC? they said maybe many months. since i can easily get an LDC from DENR in 1 day because i have a contact, i told them i already have an LDC for 4126 at home which i got from DENR and i will just give them a copy. they said ok they will wait for it. the supervisor also said that bernarda gaerlan is probably the one who recently inquired about lot 4126 and asked if the crystals have won the court case. maldo also told me that early this year there were surveryors doing measurements in the 11ha area that i encircled in blue.
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= 9/12/21 mystery of toledo 2.2ha solved =
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(tax dec, sketch maps and photos of our mysterious 2.2ha in toledo - https://photos.app.goo.gl/yo4SxWiEXD2ZhGiTA)
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as i reported 7 months ago, there is a 2.2ha (taxdec# 1075) that appeared in the list of holdings that has no lot number. i figured this must be very valuable because it's accross ilag river where atlas mining (ccc) is. so i hired someone in the assessor to trace and locate this but the assessor can't locate it. i also went to bureau of lands in sudlon but they also cannot locate it. the experts in bureau of lands and assessors concluded it got swallowed or "na kaon" by atlas mining therefore most likely we can't claim it anymore. but engr. norvic told me there is no such thing as "na kaon" and there should be a way to locate and claim it but it will be very difficult. he advised to make it last priority and prioritize the "low hanging fuits".
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that was 7 months ago. last friday, while i was having lunch at maldo's house i thought maybe maldo can help us locate the mystery 2.2ha so i showed him the taxdec and when he saw the boundaries he told me he knows exactly where it is and even knows where the boundaries are because in 1992 lolo showed the boundaries to him and told him to guard this property because it is our property but there is no clear documentation yet. lolo also let a family occupy the property to guard the place. maldo told me atlas mining would once in a while try to claim the property and kick out the occupants but maldo and the occupants will confront the security forces of atlas and ask for documentation or else they will call the police. atlas mining was never able to present any papers to prove they have a claim so atlas just gave up after a while.
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after 4126 was partitioned by DAR in 1989 (through the 1972 OLT of marcos), tito bertie gave maldo a copy of the subdivision plan from DAR. maldo saw in the map that the 2.2ha was included in the OLT. ever since i started going to toledo last year, i found it strange that maldo would always keep warning me never to mention to anyone in the barangay or assessors that 27ha of our 4126 was CARPed because there is a very strategic portion that was CARPed but the beneficiary have abandoned it long time ago. maldo said although we probably wouldn't be able to sell it we could at least use it so it's very important no one else knows about it. lately when i was thinking of the possibility of us getting into sand and gravel business by collecting the waste from atlas mining, maldo told me the abandoned OLT partition he was talking about is the best place to put the crusher and process the sand and gravel because it's right next to the huge mountain of waste of atlas and it's a huge corner lot of a road intersection that forks out to the national road and manipis road. me and maldo hiked to the mysterious 2.2ha where maldo showed me the boundaries that lolo showed him.
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i then showed maldo the sketch map of 4126 and asked him to locate the mysterious 2.2ha in the sketch map. maldo pointed out to me that the sketch plan is old and obsolete because that is the sketch plan of the ocangs. he said he remembers there is a newer sketch plan of lolo and lola. so i rummaged through my toledo folder and found it. maldo pointed out to me the location of the mysterious 2.2ha and also pointed out that the date of lolo and lola's sketch map is newer than that of the ocang's so lolo and lola's sketch map is more legit. i calculated an estimate of the area based on the tie lines of 4126 and surely enough it was around 2.2ha. the boundaries in the taxdec also match perfectly. maldo told me he knows the family of monico adlawan and he is 100% sure their property is the south boundary of our 2.2ha.
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i rummaged through my toledo foder and found the subdivision plan from DAR. the lots and names of all the beneficiaries is in the subdivision plan so i tried to find out the name of the beneficiary for our 2.2ha so maybe we can investigate where they are now. BINGO !!! turns out the 2.2ha was not included in the OLT. the label in the subdivision of our 2.2ha turns out to be a zoom out or enlargement of a group of tiny OLT lots inside our 4126 that were too tiny to be labeled. i'm showing it to you in the photo collage so you understand what i'm talking about.
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to claim this 2.2ha, i will have engr. norvic survey it, have a subdivision approved then have it titled. by now we should realize there are so many important things to do in toledo that would take time and expenses but once it's done, the value of toledo will dwarf the value of all our other properties. we just need patience, common sense, and hardwork and slowly but surely toledo will provide economic security for your kids and grandkids.
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= 9/4/21 NGCP tower in 4130-C-2 =
= 9/4/21 NGCP tower in 4130-C-2 =
maldo told me he was inspecting the entire 4126/4127 and found out MCWD and carmen copper is probably encroaching on our property. maldo said he knows where the boundaries are because lolo munding showed it to him. i think we can also get big compensation from MCWD and carmen copper if this is true. we will know after the survey.
maldo told me he was inspecting the entire 4126/4127 and found out MCWD and carmen copper is probably encroaching on our property. maldo said he knows where the boundaries are because lolo munding showed it to him. i think we can also get big compensation from MCWD and carmen copper if this is true. we will know after the survey.
= 7/25/21 status report =
= 7/25/21 status report =
the estate taxes for the rest of the properties were already entered into the system a week before the amnesty deadline expired. which means even if duterte did not sign the extension, there was no problem. but that does not mean there was no drama. i will tell you everything that happened even if it's very long so you will be entertained.
the estate taxes for the rest of the properties were already entered into the system a week before the amnesty deadline expired. which means even if duterte did not sign the extension, there was no problem. but that does not mean there was no drama. i will tell you everything that happened even if it's very long so you will be entertained.
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the receipt and CARs for our estate tax is not yet released because the no improvement cert. for guba has not yet been submitted. but there really is no problem because all we need to do is wait for the guba no improvement from assessors. but mr. lao was scolding atty balili because his check for the estate taxes has not yet been debited from his account. which is understandable because mr. lao already gave us P14m and if the estate taxes are not paid he is toast. so atty balili kept on following up with me and tita doris about the guba no improvement. but the only thing me and tita doris could do was go to city hall everyday to follow up. tita doris probably already made a dozen trips to city hall just to follow up.
+
the no improvement cert. for guba has not yet been submitted. but there really is no problem because all we need to do is wait for the guba no improvement from assessors. but mr. lao was scolding atty balili because his check for the estate taxes has not yet been debited from his account. which is understandable because mr. lao already gave us P14m and if the estate taxes are not paid he is toast. so atty balili kept on following up with me and tita doris about the guba no improvement. but the only thing me and tita doris could do was go to city hall everyday to follow up. tita doris probably already made a dozen trips to city hall just to follow up.
tita doris requested the guba no improvement cert. around first week of june (a week before the amnesty deadline). it finally came out last friday afternoon so it took a month. atty balili got married on sunday so we will get the claim slip for the CARs and the estate tax receipt when he gets back from his honeymoon.
tita doris requested the guba no improvement cert. around first week of june (a week before the amnesty deadline). it finally came out last friday afternoon so it took a month. atty balili got married on sunday so we will get the claim slip for the CARs and the estate tax receipt when he gets back from his honeymoon.
For the meeting to be productive and beneficial to everyone, it's common sense to keep in mind that there is no need for discussing the issue of ownership during the dialogue. It's common sense to keep in mind that the only way for everyone to end up with the most beneficial situation possible is WE MUST ALL FOLLOW THE LAW. The issue of ownership can and should only be resolved in the court of law. If the occupants want to be informed on the current state of ownership for the said lots, they can inquire at the assessor's office in Toledo city.
For the meeting to be productive and beneficial to everyone, it's common sense to keep in mind that there is no need for discussing the issue of ownership during the dialogue. It's common sense to keep in mind that the only way for everyone to end up with the most beneficial situation possible is WE MUST ALL FOLLOW THE LAW. The issue of ownership can and should only be resolved in the court of law. If the occupants want to be informed on the current state of ownership for the said lots, they can inquire at the assessor's office in Toledo city.