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= 8/31/22 hearing update =
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last month's hearing was postponed to today because last month, atty gica failed to comply with the annual requirement for his license to practice law. atty balili explained to us that it's common for old lawyers especially the known legends to feel entitled and not comply with the misc requirements. in the past they can get away with it but nowadays the court system is very strict.
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today's hearing was postponed again to sep 29. a 15 year old boy was in the hearing and claimed he was Ang's lawyer. the hearing today was suppose to be for atty gica to present evidence why Ang should be co-administrator. so the judge asked the boy to present evidence and the boy said he does not know anything about the case. the boy said he is an associate lawyer in gica's law firm and gica just messaged him 3 days ago to attend today's hearing. he has been trying to contact gica and Ang for the past 3 days but they would not reply his messages. so the judge got angry at the boy and punished us by postponing the hearing.
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the boy came to me and asked me what the case is all about and asked me how he can contact Ang. he said he never met Ang and does not even know what he looks like. atty balili was also present. i told the boy that if he wants to make a name for himself to follow the advise i'm about to give him.
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i told the boy this case is as simple a 1+1=2. we owe Ang 1.6m plus interest. Ang sent us copies of his court petition demanding P6m in 2016. we included Ang's demand letter in the petition for administratorship. we already told Ang that we have the money and we want to pay him his P6m anytime. so there should be no problem. the boy agreed and atty baili supported my statements. atty baili then told the boy that if we really want to, we don't need to pay Ang anything because the case has been prescribed. atty balili explained more details and the boy agreed that the case has been prescribed and we really don't need to pay anything anymore. the boy was shocked and agreed it's really stupid for Ang not to accept the P6m.
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i told the boy it's clear gica is just trying to scam Ang and not interested in doing what's best for Ang. i suspect gica is just trying to prolong the case so he can continue to earn lawyer's fees. i told the boy about the previous hearings where gica interrogated my aunts and all his questions where irrelevant as if he just wants to show Ang he is doing something. i told the boy the judge is clearly on our side because when the judge asked gica why Ang won't give up the titles and gica replied they need it for proof on their claim, the judge told gica, "the crystals already included Ang's claim and the P6m demand in the administratorship petition. what more do you want?". the boy and atty balili strongly agreed with my opinion.
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i told the boy that this is an opportunity for him to build a reputation that he cares about his clients more than money. i told him i was never a good engineer but the reason why i kept getting promoted and ending up earning P150k or P7m a year in silicon valley was because i built a reputation as someone who never takes advantage of anyone and helping others and making other people happy is what makes me happy.
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i told the boy to talk to Ang personally and show Ang you just want to do what's best for your client. i told him to advise Ang to just take our P6m payment so we can all move on and he won't have to waste time, unecessary stress, and money paying lawyers. there's also no chance the judge would allow Ang to be co-administrator because he can't even attend hearings and his new lawyer can't even contact him to prepare for the hearing.
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i then showed the boy the google map location of Ang's house in mandaue. i advised him that Ang does not talk to anyone face to face. the guard will call Ang and you just talk over the phone.
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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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