+
= 8/31/22 hearing update =
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
= 4/22/22 hearing retrospective =
 +  +
(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)
 +  +
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.
 +  +
- 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).
 +  +
- 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.
 +  +
- 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.
 +  +
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.
 +  +
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.
 +  +
- 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?
 +  +
- 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.
 +  +
this is what i would say in the hearing:
 +  +
- 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.
 +  +
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.
 +  +
moreover, i am willing to testify under oath that all my proceeding statements are true and correct.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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?
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
= 3/8/22 redemption request and FUTURE PLANS =
 +  +
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.
 +  +
it is important everyone reads this post because we finally have CLEAR VISIBILITY on the direction of the estate.
 +  +
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.
 +  +
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.
 +  +
on the next sale of a property, i will set aside money for:
 +  +
1) future property taxes of all remaining properties for the next 10 years
 +
2) funds for maintenance of lola and lolo's plot in queen city for the next 10 years
 +
3) funds for the topographical and relocation survey of 4143 (10ha), 4126 (32ha) and 4127 (6ha) = P48ha total
 +
4) funds for fencing (cheap barbwire) of all our properties in toledo
 +
5) funds for reconveyance of 4143 title
 +
6) package contract with engr. norvic abella to convert the existing PRIVATE road from mormons to our 4126 to a barangay road.
 +  +
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.
 +  +
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).
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
* ---------------------
 +  +
the rest of this post is not important so you can just skip it if you are not interested:
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
= 2/20/22 misc updates =
 +  +
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.
 +  +
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.
 +  +
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:
 +  +
* rpt other toledo properties ~ P50k
 +
* redeem tita jane's building ~ P200k (just a rought estimate given by arnold from city treasury)
 +
* rpt of mactan ~ P146k
 +
* 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
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
= 10/12/22 addendum to future plans: partitioning =
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
= 10/8/21 10ha issue of 4126 is resolved =
 +  +
contents:
 +  +
1) 10ha issue of 4126 is resolved
 +
2) 3816 encroachment
 +
3) right of way MOAs for 4126/4127/4143
 +
4) long term goals
 +  +
*---------------------------------
 +  +
1) 10ha issue of 4126 is resolved
 +  +
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.
 +  +
2) 3816 encroachment
 +  +
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.
 +  +
3) right of way MOAs for 4126/4127/4143
 +  +
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.
 +  +
4) long term goals
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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
 +  +
= 10/3/21 misc updates =
 +  +
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.
 +  +
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.
 +  +
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
 +  +
= 9/14/21 11ha deficit of 4126 =
 +  +
refer to this photo: https://photos.app.goo.gl/pUb8mroenjf5ELsQ6
 +  +
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.
 +  +
= 9/12/21 mystery of toledo 2.2ha solved =
 +  +
(tax dec, sketch maps and photos of our mysterious 2.2ha in toledo - https://photos.app.goo.gl/yo4SxWiEXD2ZhGiTA)
 +  +
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".
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
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.
 +  +
= 9/4/21 NGCP tower in 4130-C-2 =
 +  +
i finally got the sketch map of the partitioned 4130. these are the official and exact boundary distances. of our parcel WHEW !!! i was so relieved to know the width at the NGCP tower area is around 29 meters (my initial estimate was only 20 meters). the tower is 10 meters which leaves 19 meters for the road, more than enough for 2 way pass of big dump trucks. the hauler for the clay and the subdivision developer require at least 16 meters. the geodetic said it will take around 3 months for the approved plan to be done. i will submit a copy of the approved plan to macris and terdy of NGCP so we can be compensated for the tower. i hope it would be a monthly rental and not a one time payment. (i'm afraid someone in the family might prematurely use their share for down payment of a car if it's big enough giving me more headaches assisting them with monthly payments. hehehehe. just kidding. but seriously, it will be a while before we start getting income from the hauling and sale of subdivision lots so please pugong lang sa ta. discipline lang usa). before it was NGCP chasing after me wanting to pay for the tower but i was the one running away from them because the zonal value was still forest timberland which has a very low payout but now it is classified as residential, it would be NGCP's turn to run away from me because the zonal value just skyrocketed. hahahahah !!! real estate is like a chess game.
 +  +
this is the proposal letter i sent to the villarazas for the right of way - https://docs.google.com/document/d/1qOAZiFJJZkF4F3xJ_1h3KgcB4J5r0G-c/edit?usp=sharing&ouid=107410195113279687096&rtpof=true&sd=true
 +
this is the sketch of the proposed streets: https://photos.app.goo.gl/WADK9WgD9M7xkaKe7
 +
the blue line is the proposed dida street. the red line is the proposed munding street. the administrator of 4128 (theresa garces) and 4135 (nathaniel sejismundo) did not require a proposal letter they will just sign when atty balili is done with the MOAs. all direct heirs will eventually have a street named after them. the signing of the MOAs is expected to be completed next week.
 +  +
= 9/4/21 updates =
 +  +
just added 9 more mojons. 164 more to go - https://www.facebook.com/media/set/?set=a.10165472236100321&type=3
 +  +
i just finished collecting the requirements for the MOA that would give national road access to our 38ha 4126/4127. atty balili is now drafting the MOAs. i met with the owners of the other lots and they were happy and excited to sign the mutual MOAs. atty balili said the annotations in the titles and tax decs don't need to be approved by court because it's not a sale. it's just a mutual exchange of road right of way. meaning they won't own any part of our lots and we won't own any part of our lots. but nobody will be able to block Dida road (via 4135 and 4136) and Munding road (via 4128). this will increase the value of our toledo estate 5x from P60m to P300m.
 +  +
and as i told you, soil tests have already been done and results show our lots are rich in rare clay needed for cement manufacturing so we will be selling the waste to APO cement at P500/truck as we develop phase 1 and 2 of crystal heights subdivision. this will give us continuous cash flow as the subdivision phases are still being developed (there will be 4 phases).
 +  +
barangay captain alferez told me a bad news. he said the lot owners of the road he built that passes through our 10ha 4143 won't donate the road to the barangay. they are demanding lots of money from the barangay which is too much for the barangay's budget. so there is a chance our 10ha 4143 would be trapped forever.
 +  +
out of the goodness of my own heart, i offered the owner of another lot beside our lot 4129 (lot 4131) access to our roads even if he had nothing to give us in return. he gave me the needed requirements for our MOA and he was very happy and thankful. he told me he also owns a nearbye lot with frontage to national road. i asked him the lot number he said 4138. i almost fainted when i looked at the cadastral map and saw it's the lot right beside our 4143. i feel lola dida and lolo munding guided me again.
 +  +
i asked captain alferez why he is interested in partnering with us to supply clay to APO cement when the sand and gravel waste he is getting from atlas mining (carmen copper) is much more lucrative (P8k/truck). it would only tie up the 3 trucks that he owns delivering much cheaper clay to APO cement. he said the free sand and gravel he is getting from atlas is actually not that profitable because he has no rock crusher. he can only get the smaller grains that are mixed with fine soil and after the expensive process of washing and filtering, he only gets 40% sand and gravel. it's only profitable if he has a crusher where he can haul the big rocks and crush it but he does not have the capital to buy a crusher which cost P28m. he is also worried DENR might go after him for dumping the excess soil in the ilag river for it to be washed out when it rains.
 +  +
a councilor from poblacion toledo city happened to be in the office and heard our conversation and offered to partner with kap to help him with the capital to buy a crusher. they started brainstorming where they can buy a second hand crusher. maldo offered them his expertise from the DC crystal days. they were shocked and impressed at maldo's expertise who told them to get a mobile crusher and suggested specifications and features of the crusher that i didn't understand. they were also impressed that maldo knows the current big players of the sand and gravel industry.
 +  +
gikom just spent almost a million for the infrastructure of his lechon business and i just got a call from the subdivision association telling me operating a business other than a sari sari store in the subdivision is against zoning laws and the neighbors have been complaining because of the smell when pigs are being delivered. i told them to setup a meeting with the association and the neighbors who are complaining maybe we can work something out. unfortunately, gikom did not ask for my advise before starting his business. my autistic brain would have easily forseen that possible pitfall. i have zero knowledge of the sand and gravel industry but i have autistic street smart business instincts and that's more important so i decided to help the barangay captain and the councilor with their business plan.
 +  +
1) first i asked them if they can secure the permit? because i heard nobody can get a license to quarry anymore. they said yes that's true but we won't be quarrying. we will just be selling the waste from atlas. getting the permit to sell is a very quick process in capitol that does not even require any under the table.
 +  +
2) then i warned them what if the waste from atlas runs out? they said they will show me the huge mountain of waste that would take 50 years for multiple operators to deplete and right now there are only 2 operators. they said a single crusher can easily income P100 million a year (which is hard to believe because if that's true tito mike would be a billionaire by now).
 +  +
3) i told them they also need capital to buy the dump trucks. they said they could easily rent dump trucks for P160k/month or P6k a day. there is an oversupply of dump trucks. i told them they will also need to hire/train/interview drivers. will they be insured? how much is the insurance? what if the driver is a drug addict and ends up in a accident and we will have to pay millions in reparations? they laughed and told me there is also an over supply of drivers and insurance already comes with the rent.
 +  +
4) i told them what if atlas suddenly decides to crush and sell the rocks themselves and stops outsiders from getting their waste? TOINKS !!! they laughed and thanked me for warning them about the unforseen risk. they decided not to go ahead with their business plan.
 +  +
5) then i told them what if we offer atlas to dump their rocks in our lot 4126. we could also start collecting the rocks and dump it in our lot 4126. we would only buy the crusher if the mountain of rocks is already big enough to recover the investment for the crusher. they all exploded in amazement at my brilliant idea.
 +  +
6) but i still wanted to make sure the demand for sand and gravel is stable. they told me the P10 billion mandani bay project in mandaue is getting it's sand and gravel from leyte via a barge. hahahaha !!! turns out maldo also knows the operator who is barging sand and gravel from leyte.
 +  +
7) luckily for us, the head of legal department of atlas (carmen copper) atty cathy fortanoza is one of the parcel owners of lot 4130 and she texted me thanking me for making an approved subdivision plan for 4130 (which cost P40k in addition to the P50k of the survey). i told her i will give her a free copy of the subdivision plan. she thanked me for being a kind hearted person. so now my next move is to talk to atty cathy fortanoza and see if there is a way she can convince atlas to dump their rocks in our 4126.
 +  +
if this plan pushes through and mambaling gets sold, i suggest each direct line of heir contribute P1m of the P3m they will be getting to buying the crusher. the barangay captain and the councilor can provide the rest of the P20m. the 3 of us can earn around P30 million a year or around P3 million per heir. so you only need to invest P1 million and get P3 million a year return. sounds too good to be true. but anyway. whatever. we will see.
 +  +
= 8/19/21 more good news on toledo hauling =
 +  +
i talked to barangay captain alferez just a while ago offering to partner with him on hauling because he already has the trucks and equipments in case the other hauling contractor backs out. his number is 0995-304-7418. i have his number because he has been helping us deal with our occupants in 3816 and 3817. he said yes he would be happy to partner with us and we should never worry about finding someone who will buy our excess soil from subdivision development. the demand is always bigger than the supply and there are always lots of projects needing abuno. the standard is P500/truck to the hauler and P3k/truck to the buyer. tita citcit (unchuan-toledo) also told me this. captain alferez told me we could also sell to APO cement because they are always in need of clay soil as input to their manufacturing. he said the soil in poog has been tested to have high percentage of clay. he said he can immediately do 20 truck hauls a day on our 4143 since it already has a road. i told him we should first reconvey the titles so i will ask our lawyer (atty balili) to immediately start the reconveyance of 4143. note the reconveyance is a sure thing we just don't know how long it will take because of the pandemic. that should give us P10k/day income or P300k/day. and if the hauler for san fernando wharf reclamation proceeds with our contract, they have 20 trucks which can potentially earn us around P1 million per month. no matter what happens at some point we will be earning a lot on hauling. captain alferez also said we need to pretend we are developing a subdivision and we are just selling the excess soil to APO cement. so might as well develop it into a subdivision then sell the subdivision lots. i offered him a 50-50 split which is standard. note this is different from the 4130/4129 (3.5ha) subdivision development joint venture with aroha land. so now we have 2 subdivision developments and 2 hauling operations simultaneously happening in parallel. next week i will follow up with theresa garces (4128 owner) and villaroza (4136 owner) to do an MOA with them on a mutual exchange of road right of way so i can approach the other hauler and find out if they will proceed or not. these initiatives will provide economic security for your kids and grandkids. it will provide stable cash flow for the next 20 years.
 +  +
= 8/17/21 virtual court hearing and estate tax updates =
 +  +
there will be a virtual hearing tomorrow wednesday 8:30 am cebu time for appointment of regular administrator. here's the link:
 +  +
https://teams.microsoft.com/l/meetup-join/19%3ameeting_YmY1Y2Y0YjQtMGQ0NS00YjI2LTkwNjYtNDM2YzNmYWEzYzlh%40thread.v2/0?context=%7b%22Tid%22%3a%222207172e-52da-4370-85b3-625216709357%22%2c%22Oid%22%3a%22ebe3944a-51ed-47b3-a6eb-c0f10952494f%22%7d
 +  +
Or call in (audio only)
 +
+63 285400474,,36977106# Philippines, Manila
 +
Phone Conference ID: 369 771 06#
 +  +
atty bailili told me today that the IRR (implementing rules and regulations) of BIR has been approved. but the BIR did not allow us to pay yet because the rules on administratorship is vague. unlike the previous rules where we can do an advanced payment before our Settlement Plan (SP) is approved by the court, the new rules does not explicitly state whether we can pay before the approval SP or after. BIR still need to sort it out but i think we should be able to pay before the SP approval because the estate tax is one of the inputs of the SP. or else it would like a catch 22. anyway, mr. lao said he will deposit the P4.5 million he set aside for the estate taxes to our estate account so that we can at least earn interest.
 +  +
the SP includes the petition by the heirs on what to do with the properties. example in hour case the main house goes to tita georgia and tito mike, pahina goes to lola ica's heirs, then the rest is sell and divide. but before we can submit our SP, a regular administrator needs to be appointed. the hearing is tomorrow. then after me and tita georgia are appointed, the court will publish an order in the newspaper for the claimants of the estate to submit their claim within 6 months. after the 6 month deadline, there will be hearings on the claims that were submitted. once the claims have been decided and approved by the judge, the claims will be included in our settlement plan and the judge will then finalize and approve our SP.
 +  +
= 8/11/21 updates =
 +  +
contents:
 +  +
1. good news on toledo hauling
 +
2. christian's post on new titling law
 +
3. re-issuance of main house title and status of titles with Ang
 +  +
--------------
 +  +
1. good news on toledo hauling
 +  +
good news !!! theresa garces found her administratorship oath !!! turns out she even paid the bond and everything. this means it's much simpler and quicker to sign an MOA that gives our 48ha 4126/4127 access to the national road in exchange for also giving them access. after the MOA, we will visit the office of the hauler and clarify if they will proceed or not. if the hauler backs out, we will approach the reclamation contractors of san fernando wharf and toledo airport and partner with barangay captain to do the hauling ourselves. and once we accumulate enough capital we will buy (or lease) our own trucks and backhoe and we could triple our cash flow from P1m a month to P3m a month.
 +  +
there is also a possibility to net an additional P5 million a month from the sand and gravel waste of carmen copper. barangay captain alferez is currently one of the contractors with only 2 trucks but according to nathaniel (administrator of 4135), even 100 trucks won't be enough. so we can join forces with captain alferez. we are in the best position because of the size and location of our 4126/4127. right now the waste is just piling up and it's ALMOST LIKE THE SIZE OF A MOUNTAIN. this is probably what the mayor of toledo wanted to talk about when she approached tita georgia regarding carmen copper. but so far the mayor has not contacted us again.
 +  +
the good news is that the head of legal department of carmen copper, atty cathy fortunazo, is one of the parcel owners of 4130 and she is happy that we will be titling our 4130-022 and having the subdivision plan approved because she will also benefit. i will try to become closer friends with her and hopefully she can help us get the deal with carmen copper.
 +  +
nathaniel said they originally had the rights to haul the sand and gravel waste from carmen copper but congressman tony cuenco used his connections to steal it from them. now cuenco passed away (from covid) so it's up for grabs and that's why the waste is just piling up. this is also why we are desparate to sell another property (mambaling or guba) so we will have enough ammunition or cash hoard to do whatever it takes to secure this deal. even if nathaniel recovers their rights, he said he will need to partner with us because we are the only ones with access to the national road and space big enough to process the waste (ayag and washing) and park the dump trucks.
 +  +
2. christian's post on new titling law
 +  +
i read the summary of duterte's new titling law and as far as i know this would really help us. atty balili also confirmed the new law is a big deal and would be a very big help to us. the good news is i already secured the alienable/disposable certifications of our untitled lots. so it looks like we already have the requirements and we just need to submit it.
 +  +
3. re-issuance of main house title and status of titles with Ang
 +  +
we will be filing for re-issuance for the main house title. it is very important for everyone to keep in mind that during the hearing, if the judge ask about the main house title, do not mention anything about atty tan. the judge might set aside another property to make sure we are able to pay atty tan and this will lessen our options and flexibility. note that the reason we were given the authority to sell pelaez and mambaling was because of the amnesty deadline, which at that time has not yet been extended. if it wasn't for the urgency of the amnesty deadline, we would never have been allowed to sell any property until we settle our debt with Ang.
 +  +
right now many heirs are still struggling with tuition fees and medical expenses and as administrator it is my responsibility to give school tuition and medical expenses the highest priority. therefore we need to keep as many options open in case the toledo hauling and deal with carmen copper does not materialize. the ROD required us to file for re-issiance for the lost title of valles so it may take a while before mambaling can be sold.
 +  +
atty tan was initially upset about the administratorship but when i asked him what could have been our other option to beat the amnesty deadline besides administratorship, he was not able to answer and he probably realized that if i did not file for administratorship, there would be no chance the mactan lot can be transferred to him anyway. especially that it was starting to be obvious to most heirs that it will take us 50 years to sell a property because there were many things that need to be done to complete the extrajudicial and it was taking us more than 6 months just to do a single item that is suppoes to take only half a day to complete. so even if Ang accepted our P3 million offer we would not have the money to pay the estate tax and payoff Ang anyway.
 +  +
the administratorship is a big advantage for us because it ensures we only pay the fair amount of what we owe Ang and atty tan. this is why Ang and atty. tan were very against this administratorship, because although they will surely be paid the fair amount that we owe them, it will be a lot less than they expect. without the administratorship, atty tan would have higher chance of getting mactan lot (~P35m) and main house front lawn (~5m) especially a written agreement exists. but just for the record, if i were to have it my way, i would just comply with whatever is in the written agreement with atty tan because i blindly follow oral and written agreements. but i am bounded by my duty to carry out the wishes of the majority and we have to follow whatever the judge decides. and atty balili says most likely the judge will just award P3m-P5m to atty tan. if i were atty tan i would be very happy with that amount.
 +  +
as for Ang, let me tell you what actually transpired between me and Ang that i haven't told anyone for fear it will overly stress some of the heirs. this would explain why he was demanding P43 million during the hearing. while we were still working on the extrajudicial, atty mark told me we can't do extrajudicial unless we pay off Ang' s debt and remove the annotations on the titles. so i offered Ang P3 million as recommended by atty tan. Ang asked for formal written offer. i asked atty tan to make the written offer but atty tan told me to make it myself so i did. for 2 months i followed up with Ang once a week but Ang would say he is still trying to decide. finally he told me he is willing to sell the properties back to us but we need to offer the current market price for the properties. i was so shocked and angry at him. that's when i realized he is a bad person and there's a high probability he swindled lola dida. he was implying that the properties were already his and if we want them back we will need to buy it back from him. that explains why in the hearing he was demanding P43 million. all this time his position was he already owns our properties. which means the extrajudicial was never an option and administratorship was our only option.
 +  +
luckily the judge sided with us in the hearing and approved the authority to sell because of the amnesty deadline. the authority to sell also seals our claim and puts the final nail on the coffin on Ang's claim. the biggest win that this administratorship gave us is that because the court ordered the authority to sell, the court has no choice but to order Ang to surrender the titles. becauses a sale can never be complete without the original owners copy of the title. atty balili said the motion is already ongoing to recover the titles from Ang. it's just a matter of time. this also proves atty tan was really a big help to us in winning the court case against Ang and we need to compensate him. this debunks the claim of some heirs that we don't owe atty tan anything because the titles are still with Ang.
 +  +
= 7/31/21 explanation on estate tax delay =
 +  +
== tita jane's concerns ==
 +  +
Ian, I have been asking for actual receipts and actual messages. I’m not satisfied at all on just messages between you and Atty. Balili. You paid Atty. Balili and negotiated P1.2M as broker’s fee without consulting us, the direct heirs as far as I know. I was just flabergasted reading your summary on where the Pelaez sales are distributed. What has Atty. Balili done so far with the P1.2M
 +
First—No receipts or no actual proof that estate taxes were paid. When Georgia and I paid the taxes at City Hall, we are immediately given the receipt and it all applied when I made negotiations to all branches of government.
 +
2. Authority to sell Pelaez and Mambaling - where is that legal authority. It was just your message being sent not the actual legal document from the court.
 +
3. A proof of court order from the court that we need to submit all the Original titles of our properties.
 +
 +
The main purpose of selling Pelaez first of all to pay the estate taxes, pay you of the P1.2M you paid and Ang were not done at all. It is the same thing that happened to the sale of Lawa-an 1 & 2. Nisamot ka dako ang utang sa mga heirs karon - estate taxes, Ang, Lao and Ian and all of these will put a lien on all our properties. Sige ug patong ang interest sa estate taxes. Not mentioning the extra-judicial. Que sera sera
 +  +
== my response ==
 +  +
tita, i don't want you to be unecessarily stressed out. there is absolutely nothing to worry about and so many things to be happy about regarding the estate. i will try my best to explain to you. first let me break down what you are saying:
 +  +
1. I CAN PAY THE ESTATE TAXES
 +
2. BUT I WON'T PAY THE ESTATE TAXES
 +  +
now just look at everything i've done for the past 2 years ask yourself, why would i do that? it's like i climbed mount everest to find gold and when i finally struck gold i just threw it over the cliff. if you still believe i would do such a thing, then that means you don't trust me and there's nothing i can say that can make you understand and be happy. the good news is you can call the BIR or atty george quimpo or tito virgilio and ask them to verify this information:
 +  +
it will take a while for the BIR to finalize the IRR (implementing rules and regulation) for the new amnesty law. until then, no one, not even duterte can pay estate taxes because the BIR can only process payment by following the IRR. actually if the amnesty was not extended, we can pay the estate taxes tomorrow. sounds ironic? that's because they already reserved a slot payment for us and the payment will just be processed using the old IRR. because the amnesty was extended, they had to cancell the old IRR. there is no IRR in place to process any amnesty payment which means nobody can pay any amnesty tax until the new IRR is in place.
 +  +
the lawaan situation was very different. the estate taxes was very big because there was no amnesty yet. the estate taxes were not even computed yet !!! nobody in the family even bothered to gather the requirements and get an estimated computation from the BIR so you will have an idea how much to pay. yes the money was there after the lawaan sale, but nobody had any clue if the money was even enough to pay the estate taxes. tito virgilio is a broker he could have advised the family that it's very easy to get a computation from the BIR by simply getting all the list of holdings, tax decs, titles, and no improvements.
 +  +
i know you are concerned with not repeating the same mistakes in the past. the mistake of the past was that everyone expected that everything will just fall from the sky. that is the culture that i'm trying to change. that's why i'm writing these long posts so everyone will know that to get anything done involves lots of effort and sacrifices and the mistakes of the past won't be repeated.
 +  +
this time, the money is ready. we know the exact amount - P4.5m. if the estate taxes are not paid, then that means mr. lao wasted P14 million of his money because he will never be able to even get a building permit and pelaez can never be tranferred to his name. these facts alone should be enough to conclude there should be nothing to worry about regarding the estate taxes. nobody in their right mind would throw away P14 million and just forget about it.
 +  +
regarding the broker fee, it is clear in the LOI that atty balili gave us. we all accepted that LOI. tita georgia already explained to you a few weeks ago about this.
 +  +
i will post the authority to sell and court order to submit an inventory. the deadline of the inventory was you can also call the clerk of the judge bagano. his name is rey impas. his number is 0932-579-2917. you can verify with him that the judge is angry at me and atty balili for not submitting an inventory. we cannot submit the inventory yet because if i say the titles are with me and i cannot produce it when asked, i can be charged with pergury because i signed the inventory saying i have the titles with me. you can even talk to judge bagano directly. his number is 032-512-6411. just make sure to never mention that the titles are with you.
 +  +
the deadline of the inventory was may 29, 2021. it's clear in the order. that's why the judge is very angry at me. why haven't i submitted the inventory? because i will have to indicate the mambaling title and toledo titles are with you. then the judge will be angry why i haven't taken possession of all the titles when that's my primary responsibility. then i will have to say i already asked you to mail it to me but you haven't. then the judge will be angry at you and maybe remove you from the hearings or signatures. you might be even charged with contempt. that means i'm sacrificing myself just so that you won't be in trouble. i'm trying to protect you. you can verify all this with rey impass. but again, make sure you don't let them know the titles are with you. just make up a hypothetical situation.
 +  +
atty balili informed me the judge might remove me as administrator because i did not submit the inventory. i'm not really worried because i know whoever becomes administrator already knows it involves lots of time and sacrifice to meet our goals and objectives. all the information that the new administrator needs is in our wiki. it's also like a chess game involving wits and maneuvers. it also involves lots of PR. last wednesday i treated the toledo assessors to dinner and karaoke. the biggest item on our plate right now is the toledo subidivision development and hauling. the hauling could give us P1 million a month income and the subdivision development has zero risk because it's a joint venture and it happens gradually in small phases. it's like we can test the waters at each stage before we proceed. what i really love about this plan is it stretches for 30 years which means the future generations have economic security because there is no chance for an irresponsible heir to squander away all his/her inheritance. the money will be very big but it will trickle in slowly for the next 30 years. here's a photo of my latest chat with the developer and other lot owners so you know their names and how to contact them. also notice the emphasis on diplomacy. dimplomacy is very important. avoid conflicts and confrontations because it won't get us anywhere.
 +  +
https://photos.app.goo.gl/ZixcXi8ABPZFDuvq9
 +  +
= 7/30/21 updates =
 +  +
contents:
 +  +
1. 4130-prt survey
 +
2. mambaling and toledo titles
 +
3. additional roads going to our 4126/4127 (38ha)
 +
4. NGCP towers
 +
5. mining interests
 +
6. possible MCWD and carmen copper encroachments
 +  +
--------------------------
 +  +
1. 4130-prt survey
 +  +
whew !!! we finally completed the survey of the 4130-prt (.4139ha). it took long because we encountered lots of obstacles. first we had to survey the entire 3.5ha of 4130 and while we were surveying a month ago, one of the parcel owners, atty. cathy fortanoza told us it's already been partitioned and she has the subdivision plan. i requested a copy from her but she said she is attending a funeral of her brother in law and will message it to me in 2 weeks. 2 weeks ago she sent the subdivision plan but it only had 3 partitions. luckily, the owner of 4135, nathaniel sejismundo who is now my good friend gave me a copy from tax mapping showing the 8 partitions. engr. norvic said he can compute the coordinate locations based on the area in the tax dec and approximate form in the tax mapping map if i can confirm the parcel number. on tuesday i went to toledo to verify our parcel number and the assessor told me it's parcel 022. on wednesday, we started the survey but the surveyor cannot plot the coordinates without the areas of the parcels besides ours. so we went back to the assessors to get the areas of all the 8 parcels. the surveyor (frederick amado) was surprised the assesors were very quick in helping us and gave us anything we need. hehehe. we went back to poog and finally completed the survey. 4 mohons done, 173 more to go !!! i took pictures and posted it in my FB so any heir can locate the mohons - https://web.facebook.com/media/set/?set=a.10165472236100321&type=3. the album is well organized. all the photos are grouped according to lot number.
 +  +
the good news is it should be smooth sailing from now on because all the other lots have a technical description (which i also posted in our fb album).
 +  +
2. mambaling and toledo titles
 +  +
we went ahead and filed for re-issuance for the titles of mambaling and 3 toledo titles because the judge got angry at me for not performing my duties. last month, tita georgia informed me tita jane was already mailing it so i did not file the re-issuance to save us a lot of money and just indicated in the inventory i had it on hand. so last week when i submitted an inventory of the estate and the titles were missing the judge called atty balili and scolded him.
 +  +
3. additional roads going to our 4126/4127 (38ha)
 +  +
theresa garces was not able to find her administratorship oath so this monday i will accompany her to the talisay court to try and get a certified copy (if there is no lockdown). her oath is needed for us to sign a mutual MOA where we give them access to the national road and they give us access to our 4126/4127 (38ha). it is also need to start the subdivision development and hauling for the san fernando wharf reclamation project (where we can income P1 million a month).
 +  +
maldo was able to located and contact the owner of 4136 (villaroza). their administrator happily agreed to give us access to our 4126/4127 if we give them access to the national road. once we sign the MOA, we can start the subdivision development and hauling. so this is our backup in case the court clerk cannot find the oath of theresa garces. we will need to pass by 4135 but the owner (sejismundo) is not an issue because their administrator nathaniel is a super nice guy and now my good friend. he was very instrumental in helping me mediate the conflict with the garces. he is very happy their property will quadruple in value because we will also give them access to the national road.
 +  +
barangay captain alferez also informed me he is currently trying to open up a road from our 4126 that will exit in lutopan via carmen copper roads (formerly atlas mining). he said he needs the road to shorten the trips of his dump trucks collecting the waste gravel from carmen copper.
 +  +
that means we now have 4 possible roads going to our 4126/4127. the 4th is the road that already exist (entrance is accross the mormon church). captain alferez is trying to make that road a barangay road.
 +
 +
4. NGCP towers
 +  +
if you look at one of the photos in or FB album, note there is an NGCP tower in the middle of our narrow 4130-prt. luckily there is still a 7 meter space on both sides of the tower for the dump trucks to pass 2-way. after we get the subdivision plan approved by DENR, i will try to get compensation from NGCP. i already talked to the person in charge before.
 +
note there are 2 other NGCP towers in 4126/4127. i'm waiting for our 4126/4127 to be titled so we can get a higher compensation from NGCP. right now our compensation would be very small because it's forest timberland (imminent domain). luckily, i already had it certified by DENR as agricultural. unfortunately there is no more free patent filing so atty balili will need to do judicial titling. it will probably take us a year. i already got the requirements list from DENR.
 +
 +
5. mining interests
 +  +
one of the parcel owners of 4130, atty cathy fortanoza works at the legal department for carmen copper. she said she will try to explore the possibilities of including our 4126/4127 in the mining operations of carmen copper.
 +  +
tita georgia also told me that the mayor of toledo called her and asked if we are interested in having our 4126/4127 mined for copper. i told her of course we should be open to that option.
 +  +
6. possible MCWD and carmen copper encroachments
 +  +
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 =
 +  +
1. estate tax
 +  +
our CARS/receipt has not come out yet. atty balili messaged me saying he is still waiting for the new IRR in light of the new extension. i will post the screen shots of our chat, which includes my request for assignment of main house to tita georgia and tito mike as our next mission. the CAR/receipt of the estate tax of lola ica's heirs hasn't also come out yet. the person in charge luz arnado (261-0627) says the systems are very slow and they are overwhelmed with tons of estate taxes filed just before the deadline. note i paid the P5,300 estatet tax of lola ica and lolo sergio on june 7 and luz arnado advised me to follow up next month. it's not something to worry about since we already met the deadline. i'm also posting the status update i posted on the chat group of lola ica's heirs.
 +  +
2. toledo subdivision development and hauling
 +  +
the reason i wasn't able to post the status report recently because i was so busy with the road right of way (ROW) going to our 4126/4127 (38ha). if i'm successful this would easily increase the value of 4126/4127 by P300 million. right now it's only P200/sqm but if we get a permanent road built from the national highway it will easily increase to P1,000/sqm. as i posted before, i'm making a deal with the owner of lot 4128 (5ha) to give us access to our 4126/4127 in exchange for us giving them access to the national road (via our 4130-prt/4129). the obstacle is that 4128 is still under vicente garces who died in 1971 and there are dozens of heirs. the good news is that their estate (which is composed of around 150ha of properties in toledo, talisay, and minglanilia) is under administratorship. the problem is that there are 2 warring factions in the family, each with their own administrator. so in the past few weeks i was so busy driving to talisay everyday trying to mediate between the administrators of the 2 camps. luckily they are all just neighbors. the good news is they all agreed to make me their administrator because they are sick and tired of all the family conflict and just want to enjoy their inheritance before they grow too old and die (they are mostly 60+ years old). they basically told me that from now on i make all the decicions and both administrators have agreed to sign anything i ask them to sign. they said it's up to me how much comission i will get on any sale of the property. i decided to just get 3%. they also realized their lawyers were not really helping them because they never even knew anything about the estate tax amnesty. WOW !!! they are very lucky it got extended for 2 years.
 +  +
engr. norvic advised me that we can get mutual annotation of our ROWs with a mere MOA. no need for deed of sale because it's mutual and no money involved. the problem is one of their administrators, named theresa garces (who looks like the female version of tito snooky) lost the copy of her administrator oath. i'm giving her 1 week to find it. this friday if she has not found it i will accompany her to the court clerk in talisay to get a certified true copy.
 +  +
3. toledo survey and hauling
 +  +
as i posted before, a hauling contractor for the cordova bridge and san fernando wharf reclamation project wants to excavate in our 4129/4126/4127. this should earn us easily P1 millon a month for 5 years. this will flatten our lot and make it more suitable for subdivision development. i already made a 60/40 deal with aroha land to be our developer. the hauler is just waiting for our MOA with the garces and the survey of our 4130-prt so they can start making the road and start hauling. note that 4130 along the national road is around 3.5ha but we only own 3,800 sqm (.38ha). DENR can't find the subdivision plan, good thing i was able to secure the partitioning from tax mapping. but it did not contain the technical description and it does not indicate which of the 8 partitions belong to us. so i will go again this tuesday to get our assigned index number. there are 2 good candidates based on the boundaries of the tax dec but we are not sure which one of the 2. after we get our index number and technical description from tax mapping, i will accompany engr norvic's team to finalize the survey of our 4130-prt. as i said, i will make sure to take photos of all our mojon locations so we can fence our lots (just a simple barbwire fence). i will post the photos of mojons in my fb (1 album per lot). note there will be a total of 177 mojons for all our toledo properties.
 +  +
4. mambaling sale
 +  +
the annotation for ROW of mambaling hit a snag because we can't produce the original owner's copy of the title. i'm trying to convince the ROD to expedite the issuance of new title. if the hauling contractor does not push through, the sale of mambaling is very important for fencing, reconveyance for 10ha 4143, removal of declarants and ejectment expenses for toledo.
 +  +
= 7/7 lucky lucky news updates =
 +  +
lots of super good news. this will be quite long but i suggest you read and try to understand everything so you will be happy and not get stressed out for no reason at all. if my plans succeed, all your children and grandchildren will have economic security for the rest of their lives. i have not been posting updates lately but that does not mean nothing was happening. actually too many things were happening regarding the estate therefore i was too busy and that's why i had no time to post the updates.
 +  +
table of contents:
 +  +
1) estate taxes
 +
2) toledo evictment of occupants
 +
3) drone photos and videos
 +
4) relocation survey of 4130-prt
 +
5) the fake garces
 +
6) crystal heights/crystal meadows
 +  +
---------------------
 +  +
1) estate taxes
 +  +
we all know duterte already signed the amnesty extension which means we have 2 years to experiment with direct substitution on the 48ha unititled lots of toledo. the zonal value at time of death was P310/sqm so estate tax for the 48ha was suppose to be P9m. fortunately atty balili compromised it down to P200/sqm or P6m. so if the direct substitution succeeds we save P6m. i asked atty balili to give us his proposal on lawyer's fee.
 +  +
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 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.
 +  +
normally no improvement cert. only takes 2 days to process. tita doris submitted the request on june 7. on june 11 it was not ready so i got worried that the assessors were trying to hostage us in hopes we will offer under the table to beat the amnesty deadline. i began to panick even if there was no reason to panick because our estate taxes were already entered into the BIR's system which means there really was no danger of not beating the deadline. but atty balili did not yet inform me that we were already out of danger, maybe in hopes that i will do everything i can to get the guba no improvement because mr. lao was pressuring him. so i told tita georgia that i was getting nervous. tito jojo called his friend at bombo radyo to call the assessors and tell them to expedite our request.
 +  +
the assessors did expedite our request. the only problem was, they expedited the wrong request. instead they expedited the resolution of the mysterious tax decs. hahahaha !!! which even sucks because the resolution did not favor us at all. they will cancel all the new tax decs which means we will need to redeem tita jane's house, which will probably cost us around P200k. that's another thing on my long checklist of important tasks.
 +  +
this is were it got really confusing. an assessor named jerry called me saying the reason why they can't give us the cert. of no improvement is because there is a building tax dec not yet assigned to any of our lots. he said it used to be assigned before our lot was subdivided into 3 but after the partition, they did not know which partition to assign it to. i know our guba lot was subdivided into 2 so it made sense to me. i corrected jerry and told him our lot was subdivided into 2, not 3. he asked me to submit a tax clearance, the cert. tax dec and a letter of request requesting which lot the structure should be assigned to.
 +  +
i was in toledo very busy organizing the dialogue and negotiation with our squatters. so i asked tita doris to immediately get the tax clearance and i will just refund her. tita doris paid P7,621 for the property tax/clearance. i also looked at google satellite map and noticed a big house that's looks like it's inside our lot. after checking with rudy, turns out the big house is located near our boundary but not inside our lot. rudy said the tax dec is probably their house that got destroyed by the typhoon. so i called jerry and told him the house does not exist anymore. he asked me to get a certification from the barangay that the house got destroyed by the typhoon. tita doris tried to get the certification, but turns out the tax dec was located in guadalupe. then i noticed the tax dec was for tito gerry's house in the compound. the one i tried to hide from the assessors in hopes they will conclude that tita jane's levied tax dec was tito virgilio's demolished house so they will cancel that auctioned tax dec and use the new tax dec which has no levy.
 +  +
but i was still relieved, thinking they will finally give us the guba no improvement. but when i went to the assessors to tell them the building tax dec was for guadalupe and not guba, they were surprised why i'm talking about guba. they also asked me why i had to call bombo radyo even if we already agreed on the resolution long ago after they visited our compound. at this point i was totally confused.
 +  +
after sorting it out, turns out this is what happened. as part of the requirement to resolve the mysterious tax decs, i requested improvement certifications for all our lots in guadalupe long time ago. that's because if you look at the current list of holdings, the assignments of the buildings are all screwed up. tita jane's and tito bertie's house is assigned to the main house lot and tito bertie's lot says there is no improvement. so when bombo radyo called them, they were told to expedite the processing of "no improvement" by "ian crystal". also note that it was tita doris who requested the no improvement for guba. so they all thought bombo radyo asked them to expedite my request for the no improvements of our guadalupe lots. no wonder why jerry asked me "which of the 3 subdivided lots" the building tax dec should be assigned to because he was talking about the mysterious tax decs issue and not guba.
 +  +
the assessors did have a sound justification why they cannot immediately give us the guba no improvement. it's because they needed to do a site inspection so it's easy for them to find reasons such as the schedule for their transportation service is full. luckily on wednesday duterte signed the amnesty extension. the assessors lost their card to hostage us and that's probably why on thursday they did the site inspection and on friday afternoon we finally got the certificate of no improvement for guba. hehehe.
 +  +
last week, mr. lao told atty. balili to not wait for the guba improvement and just exclude guba from the estate taxes. then when we get the no improvement for guba we just ammend our estate taxes. luckily atty balili was very busy with his wedding so he did not do it. it would have been such a hassle having to amend our estate taxes.
 +  +
2) toledo evictment of occupants
 +  +
on june 20 i had a dialogue with the occupants at the barangay basketball court. the dialogue went smoothly and they were happy with our proposal which is pretty much the same proposal i laid out in the letter which i distributed to the heirs on june 11. the only addition was that i allowed the farmers to continue planting and harvesting their crops until the area they are using will be developed, even if the ejectment has a finality and there is already an order for them to vacate. also we will compensate the farmers for their crops that get destroyed by the subdivision development.
 +  +
the only problem at the dialogue was the ocangs tried to stir some trouble and started to get a bit rowdy and loud. luckily everyone else already read my letter so the barangay captain and tanods asked them to stick to the agenda. the other occupants where even riduculing the ocangs behind their back and making faces since the ocangs were sitted in the front row. i made it clear we were not there to discuss ownership because it would be a waste of time. even if they succeed in convincing me the property belongs to them, i don't have any power because i'm not a judge or the government and i cannot issue court orders. they should go to the assessors or ROD if they have any questions on ownership.
 +  +
the 4143 occupants who chased tita doris with a pinuti were also there to attempt to cause trouble. but i simply told them 4143 is not part of the ejectment so there is no reason for them to be involved during that dialogue. don't worry 4143 is a slam dunk case for us. we just need to file a reconveyance and according to DAR and many lawyers i consulted we will surely win and DAR even admitted they made a mistake.
 +  +
maldo was very amazed at my bravery. maldo has been discouraging me from holding the dialogue and telling me it's very dangerous. he was surprised at how smooth the dialogue went and the occupants were happy.
 +  +
after the dialogue, a group of occupants who looked like educated people approached me and told me they are already aware the property belongs to us and they thanked me for our generous offer. imagine they would actually make more money with our offer. they only have to pay us P700/sqm for the area their structure is occupying but when our subdivision development is completed their property will easily be worth P3,000/sqm.
 +  +
i also made it clear we reserve the authority to choose the easement around their structure, to avoid the occupants from moving their fences to make their frontyards or backyards bigger in hopes they can also buy it for only P700/sqm. after the meeting, some good looking women tried to seduce me into giving them the option to buy a small portion near their house. one wanted a garden, another planned to have a guest house, one even wanted a swimming pool. i told them not to worry we will use common sense when determining the just easement for them.
 +  +
maldo told me he is amazed on how things have turned around since i became administrator. before, him and tita doris were frequently ridiculed by folks in poog and the assessors. people would tell them we don't own the properties and we lost the case and we were only wasting our time and effort.
 +  +
3) drone photos and videos
 +  +
i needed to take drone photos of our toledo lots so that if there are new occupants who will come in to take advantage of our offer, we will know and they won't be included in the relocation or option to purchase. after doing some research and getting advise from magz and christian, turns out the drone we need for our purpose is quite expensive (P35k-P50k). bowie is sending us his old gopro drone but it will take time to arrive. luckily, my israeli neighbor named saar offered to drive to toledo and take drone photos/videos of our lots FOR FREE. super nice guy. i just filled up his car with gas and treated him to that famous tuna panga karinderia in v rama. after we were done taking the drone photos and videos, saar educated the locals on how to identify wild psychedelic mushrooms and the locals were very grateful.
 +  +
4) relocation survey of 4130-prt
 +  +
as you all know, the hauling contractor is just waiting for the survey result of our 4130-prt so they can start building the road that goes to our 4126. engr. norvic's surveyors finally did the survey for 4130 last week, but we did not have the technical description for the 4130-prt. before that i've been trying to analyze where our 4130-prt is located based on the tax dec boundaries. i was hoping the road won't need to demolish any houses and it won't be blocked by the NAPOCOR tower. engr. norvic told me if it has not been subdivided, it will be him who decides where the location will be as long as it does not violate the boundaries in the tax dec. that's an amazing power to have.
 +  +
luckily, news spreads fast in poog and after the dialogue i had with the occupants, the administrator for the lot next to our 4129 learned we were developing our lots into a subdivision. he told me he wants their 4135 to be included because it's only 1.8ha and they have no access to the national road. his name is nathaniel sejismundo and he told me his grandfather and lolo munding were good friends. i told him we will give them access to the national road for free. he was very shocked at my generosity. you might be questioning why i'm giving them access to our roads for free. but actually my genrosity paid off big time which you will later realize in this long report. as what tito gerald used to tell me, "what goes around, comes around". that same day he sent me a map of our lots. to my surprise, included was a map of 4130 already partitioned into 8. 2 of the partitions agreed with the tax dec boundaries but we were not sure which one. unfortunately, the map did not have technical descriptions or tie lines for the mojon locations.
 +  +
while the surveyors were doing the survey and i was taking photos of the mojons, one of the owners of the partitions told us 4130 has already been subdivided and he even has the title. engr. norvic's staff requested the subdivision plan from DENR but was told the plan has not yet been approved. so now i need to go back to toledo to take a photo of the title of one of the owners of the partition because it contains the technical description so the the surveyor can finally finish the survey and the hauling contractor can finally build the road and start hauling so we can start earning P2 million a month (for the next 5 years) from the hauling.
 +  +
the reason i'm taking photos of the mojons is because i'm planning to fence all our toledo properties. note there will be 177 mojons for all our 8 toledo properties. so this will be a very long arduous task. i will organize the photos in facebook, 1 album per property so in case something happens or i get into a motorcycle accident, anyone can continue our plans. i also trained maldo to take the photos and send them to me so i don't need to be in toledo when engr. norvic surveys the other lots.
 +  +
5) the fake garces
 +  +
remember i posted a screenshot of my text conversation with someone claiming to be the owner of lot 4128 named fe garces? lot 4128(5ha) is the lot between our 4129(3.5ha) and our 4126/4127(38ha). i'm giving them access to the national road if they give us access to our lot 4126 which will easily quadruple the value of their lot and our lot. imagine it would easily increase the value of our 38ha 4126/4127 from P100 million to P400 million. the road will also allow us to earn P2 million per month from the hauling that will be used in the cordova bridge and san fernando wharf reclamation projects (part of duterte's build build build program). i already signed the MOA with the contractor.
 +  +
but when the contractor asked for the required documents from fe garces, she suddenly told the contractor their family decided to back out and they don't want us to build the road. i was shocked. i felt all our plans just fell apart. i thought the garceses were multi billionaires who didn't need the money or maybe their lot 4128 is the sacred burial grounds of their ancestors.
 +  +
so i informed nathaniel sejismundo that our plans for subdivision development might not happen because garces backed out of our deal. nathaniel told me it's impossible the garces would back out of our deal because they are not billionaires. luckily, he is good friends with one of the garces heirs who lives in talisay. he learned fe garces is not really a garces. she is just the caregiver of one of their aunts but she goes around claiming to be a garces that's why the folks in poog thinks she is a garces. the good news is nathaniel told me that the REAL garces heirs are very happy and excited of our plans to give them access to the national road in exchange for giving us access to our lot 4126. turns out my generosity to nathaniel paid off. what tito gerald said was really true - "what goes around, comes around".
 +  +
but actually if the garces really did back out, we had 2 other options. nathaniel's 4135 is just 50 meters from our 4126, separated by lot 4136. we just need to approach the owner of lot 4136 to give us access to our 4126 in exchange for giving them access to the national road. the second option is the road that goes through our 4143 and ends up in our 4126. as i said in my previous post, i'm coordinating with the barangay captain to make that road into a barangay road. the problem with that road is only 1 dump truck at a time can pass by and the hauling contractor needs a 16 meter wide 2 way road for the trucks to easily go in and out. the trucks can't park along the national highway so we will need to reconvey our 10ha 4143 sooner than planned so the trucks can easily park while waiting for their turn.
 +  +
here are some interesting facts just to entertain you. the barangay captain told me the garces of lot 4128 are the heirs of the former mayor of talisay vicente garces. i googled it and found out in wikipedia that he was the close colleague of vicente sotto and vicente rama in the 1930's and 1940s (it's weird all their names are vicente). i wonder how vicente garces is related to tito snooky (my mom's first degree cousin). maybe his grandfather because vicente garces was a national poet, writer and lawyer and tito snooky inherited his genes. tito snooky became a lawyer and judge in bohol without even much effort. it's amazing tito snooky was just a bugoy and i used to go with him scuba diving while he was reviewing for his board exams. he would study in the car and in the pumpboat. then tito snooky had this talk show in bohol that was very popular it was even rebroadcasted in leyte. he was a shoe-in for governor (and follow in the footsteps of christian and abigail's lolo) so the politicians offered him to become a judge so that he won't run for governor. the VECO electric bill of our house in lahug is still under the name of mariano garces, snooky's dad because we bought the house from them. i looked at wikipedia and it said vicente garces had 13 children and one was named mariano. amazing !!! actually snooky was just adopted by tita inday. however, his biological dad was his uncle or the brother of mariano garces which means it's possible vicente garces is his grandfather. what a small world !!!
 +  +
6) crystal heights/crystal meadows
 +  +
i googled the developer of greenbrooke subdivision just a few meters from our lot 3816. the developer is aroha land. they have an office in andres abellana just a block away from my lola laling's house. we had a meeting yesterday. her name is ana montenegro trazona. she and her team were very excited about my plans. she suggested we name it crystal heights or crystal meadows. she said it's very low risk because they will only start developing 20% of our 3ha 4129. 20% is enough for them to get LTS (license to sell). we will proceed or continue only if the 20% is almost sold out. we don't have to put up any capital. they will shoulder all the risk and development cost. then they get 40% of the proceeds of any lot that is sold. their greenbrooke subdivision lots have been selling for P2,000/sqm to P4,000/sqm. that means conservatively we will probably average P1,500/sqm (60% of 2,500). she requested the contact of our hauling contractor so they can coordinate and strategize in a way that the hauling will benefit the subdivision development.
 +  +
the estimate is that the development of our entire 60ha in toledo would span 20 years. which is perfect because there will be no chance for an heir to squander their inheritance all at once and there will always be money trickling in.
 +  +
if the hauling in toledo pushes through i suggest we subdivide mactan into the 9 line of heirs. each line of heir will use the toledo hauling income as capital to build their own 50 unit bedspacing building similar to munoz M5. it will easily income P3 million a year. bedspacers don't have cars. they just have motorcycles which can easily pass through the right of way to our mactan lot. and if we don't win the right of way for mambaling, we will do the same where each line of heir can easily income P6 million a year. i will be the guinea pig for each project and if successful i will document everything for the other heirs to follow so they can avoid the pitfalls that i went through.
 +  +
i will also propose that we develop our 3.5ha guba property into a subdivision. but if the toledo hauling does not push through, then we will just sell guba. but we should subdivide mactain into the 9 heirs no matter what because that lot has no right of way so it will be impossible to sell at a fair price.
 +  +
= 6/22/21 drone options =
 +  +
(i just posted this on my timeline. in case we decide to just buy a drone, anyone in the compound a techie who will enjoy shopping for the drone and learning how to operate the drone? i heard adrian is into video games maybe he will also enjoy being the official "drone expert" of the family. bowie who lives in california will be sending me his old gopro drone. the problem is it may be a while for it to arrive and we need to take the photos now before new occupants come in hoping they can get a piece of the relocation. however, during my dialogue with the occupants last sunday, i did trick them that we already took photos of the current structures in our property and any new occupant or structure won't be included in the relocation. photo or video quality is not important. our only requirement is reliability and a flight range of at least 300 meters. lot 3816/3817/3820 (6ha) is a hostile territory so we need to fly it from the national road and it should be able to go at least 300 meters away and around 100 feet high. and if it crashes it would be dangerous to retrieve it. the other 42ha across the street (4126/4127/4129) is around 1km from the national road but that's maldo's tertitory so no problem there. any drone will do. 4143 (10ha) is also a hostile territory but we still need to file a reconveyance law suit so no need to take photos for now and besides the entire 10ha is being occupied so no possibility for new occupants).
 +  +
here is what i posted in fb:
 +  +
i need advise from someone who is familiar with drones because the prices range from P5k to P60k. i'm trying to decide whether to buy a drone or hire an aerial photographer for our property in toledo. it's along national road so no mountain hiking or climbing required. it's around 800 X 800 meters (60 hectares). the cheapest aerial photographer i found so far is P10k. maybe with P10k i could already buy a drone good enough to do the job but i'm not sure. another big factor in my decision is i'm too old and lazy and too busy to be shopping for a drone then learning how to operate the drone. maybe you know someone who has a drone and is willing to be paid maybe just P5k to do the job? travel time is around 1 hour 30 minutes (so 3 hours back and forth). it will probably take less than an hour to take the photos so it's half a day's work. unfortunately, the google satellite images is 6 years old and a lot has changed since then.
 +  +
= 6/16/21 updates =
 +  +
tita jane, i just talked to atty balili over the phone he is in manila handling a big case that's why i wasn't able to contact him earlier. i was going to ask him for help getting a safety deposit box to keep our titles because his fiancee is a manager in BDO. i have visited all the banks near my area but they don't have an avaiable slot. turns out all our titles will have to be surrendered to the court and the court will keep the titles. we can't store it in a safety deposit box. atty balili said he already informed you about this when you called him. if i keep the titles or i put it in a safety deposit box, i will go to prison. please get a second opinion from your lawyer as soon as possible so that you can DHL it to me and i can surrender it to the court. as of now i'm declaring it as lost so that you won't get in trouble. but if we don't surrender it to the court, we will have to spend P200k on re-issuance. if you get the confirmation from DHL that i received the titles, i will have to surrender it to the court or i will go to prison. for me this is the safest way to keep the titles. tito mike, please assist tita jane in anyway possible to DHL the titles to tita georgia or me.
 +  +
atty balili also told me we need to sell mambaling before the assignment of regular administrator this August 18. that's because even if i'm appointed regular administrator, the authority to sell mambaling will be cancelled because it was specifically for the special administrator. we will need to file another authority to sell, but this time, the court will not grant it until Ang and other claimants such as atty tan is paid. that's because the reason why the court granted us the authority even if the claims haven't been settled yet is because of the amnesty deadline. now that we have already paid the estate taxes, the court will prioritize Ang and atty tan and make sure the estate still have enough assets to pay them. the court hasn't looked into it yet therefore the court does not know yet how much is the final claim of atty tan ang Ang. the court is always conservative and avoid any mistake. the good news is because of administratorship, the judge will soon decide on a fair amount to pay atty tan ang Ang based on the case or evidence. without administratorship, atty tan and Ang would sue us separately and we will need to fight it out in court.
 +  +
also, the BIR cannot release the CARs until we submit the certificate of no improvement of guba. turns out there is a building structure in our guba lot but the reason they can't give us the certificate is because the lot assignment is before the lot was subdivided into 2. the asked me for a letter of request on which lot to assign it to. but when tita doris called rudy our caretaker, rudy said that house is already gone destroyed by the typhoon long ago. the assessor asked me to get a barangay certification that the house was destroyed by the typhoon and also a tax clearance. tomorrow i will task tita doris to get the certified tax dec for this building structure and tax clearance then this friday i will go to guba to get the certification from the barangay.
 +  +
= 6/12/21 interesting knowledge on estate taxes =
 +  +
(i just posted this to the chat group of lola ica's heirs. it does not concern our estate but you will learn valuable knowledge about estate taxes)
 +  +
greetings mga titos and titas. i have good news. i talked to lourdes the BIR officer and learned that even if you never pay estate taxes, the property can never be auctioned by the government. meaning your ownership of the property is secure. estate tax is only required when you sell or transfer the property. so if you don't have any future plans to sell the property, there is no need to pay estate taxes. the government can only auction a property for none payment of real property taxes. tita janna told me your family is up to date or current in the payment of real property taxes for the land and structure (your house). that means there really is no problem.
 +  +
however lourdes adviced it's still good to take advantage of the amnesty program and pay the estate tax, which is relatively small in your case, just in case in the future there will be a big developer who will offer a huge amount of money to the owners, especially that pahina is a very strategic location. my advice is to discuss it among yourselves and let me know your decision. note the heirs of lolo munding will shoulder all the expenses, since your estate tax is relatively small, just P5,300, and the notary is only around P5,000.
 +  +
however, we will need to redo the extrajudicial and you will all need to sign and notarize it again because according to lourdes, lola ica needs to have a separate extrajudicial because lola ica is not under the amnesty. normally the spouses are under 1 extrajudicial, but because lolo sergio is under amnesty and lola ica isn't, they each need to have their separate extrajudicial. i asked lourdes why lola ica needs an extrajudicial when there are no properties under her list of holdings? lourdes said lola ica automatically owns 1/2 of whatever lolo sergio owns.
 +  +
here is where it gets more complicated. note that in lolo sergio and lola ica's extrajudicial you are only paying the estate taxes for the house, and not the land. that means it's useless because the property still can't be sold or transferred because nobody will ever buy a house that does not include the land. but lourdes said you can also pay the estate taxes for the land but we will also need to create an extrajudicial for your grandparents lolo lucio and lola juxta and just indicate they own 1/10 of the property where your house is located (as mentioned on the title). but for me this will only make it unecessarily complicated because imagine the title and tax dec will now have to be revised or subdivided to include your names. so it's ok to just let it be and not do anything. the important thing is the ownership to your house and land in pahina is secure even if you never pay estate taxes.
 +  +
i also think it's important to get a second opinion. one of you could go to the BIR near marikina and get a confirmation from another officer to make sure that if you never pay estate taxes on your property, your ownership is still secure.
 +  +
but if you still want to pay the estate taxes of your parents and grandparents, i will be happy to do the leg work for you because for me it's a learning experience :-) just let me know.
 +  +
= 6/11/21 letter to poog barangay captain =
 +  +
(this is the letter i will be sending to the barangay captain of poog)
 +  +
Clariza Z. Alferez
 +
Barangay Captain
 +
Poog, Toledo City
 +  +
Dear Captain Alferez,
 +  +
First I would like to thank your husband for our productive conversation recently. I hope the efforts of the Crystal family in developing the properties of their estate will contribute to the economic development of Poog.
 +  +
The Crystal family, which i represent as administrator, would like to request a dialogue or meeting with the occupants of lots 3816/3817/3820/4130-prt/4129 so we can work together in a way that everyone benefits. We would also like to request that the information contained in this letter be dessiminated to the occupants together with the notice so that the occupants will be in a positive emotional state that is conducive to dialogue and negotiation.
 +  +
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.
 +  +
The good news is that the Crystal family are humane, reasonable and fair human beings. We SINCERELY apologize for the seemingly inhumane demand letter that were distributed earlier. Unfortunately, the Crystals have to follow legal procedures and the demand letter that our lawyer created was part of the legal procedures. According to the law, we need to formally express our demands before we start to negotiate. That doesn't mean the initial demand has to be followed to the letter. It was just a formality. The demand will undergo revisions based on our meetings and negotiations. The rules of court state that prior to pre trial, the case is referred to the Philippine Mediation center for mediation for 60 days.
 +  +
The Crystals learned from one of the occupants, a lay minister named Meo that some occupants are experiencing anguish and sleepless nights. Employees at the assessor's office also informed us that some occupants are inquiring about the state of ownership, looking worried. Therefore, we decided to hold an informal dialogue in hopes that it will remove any unecessary worries.
 +  +
The heirs of the estate, which i represent, plans to develop the said lots into a socialized housing. They plan to partition the lots into subdivision lots, making sure to accomodate the structures of the current occupants that are currently in the records at the assessors office.
 +  +
The plan is to give each occupant an option to buy the land their house or structure sits on at the current zonal value. Right now the zonal value is P700/sqm. Example if they are occupying 250 sqm, the price will be 250 X 700 = P175,000. We hope the occupants will be happy with this deal because after the area is developed into a subdivision, the price will be P4,000 / sqm. That means the occupant who bought a 250 sqm lot will immediately profit P825,000 (they bought it at P175,000 but the value will be P1 million).
 +  +
The Crystals reserve the right to dictate what is the fair and justifiable easement allowance for each structure. This is to prevent current occupants from moving their fences to widen their yards or gardens while negotiations and preparations are going on.
 +  +
Another good news is those who can't afford to buy the land they are occupying will be relocated to our lot 4126 near the Ilag River. Another good news is we are currently building a road to the relocation area so that the occupants who have cars and motorcycles can have easy access to their new home.
 +  +
If the occupant chooses to relocate, the estate will purchase their residential home based based on the cost of construction. Fortunately there is a standard process in appraising the cost of building a structure. The Crystals are still deliberating whether to include commercial structures in this offer. The most probable outcome is that commercial structures will be purchased based on 50% of the cost of construction.
 +  +
Another good news is that it will take a lot of time to build the road and prepare the relocation area. It will also take a lot of time to partition the property into subdivision lots. All these efforts will surely take more than 1 year, which means the occupants have enough time to prepare and make a decision. Example, they can start applying for a bank loan.
 +  +
A possible problem we could all face is this would invite fake occupants to come in during this time period, hoping they will get a place in the relocation area. To remedy this possible problem, our lawyer have taken photos of the lots to establish the current structures and which ones are residential and which ones are commercial. Any incoming structure or occupant will not be relocated. It is also the duty of the current occupants to be vigilant and prevent this problem from happening because the relocation area has already been estimated to accomodate the current number of occupants, and the fake occupants would only jeopardize or lessen the area that the legitimate occupants will receive.
 +  +
It is in the best interest of the occupants to cooperate and work with the Crystals because if the Crystals decide to sell the said lots, the buyer might not be as generous and accomodating with their offer.
 +  +
Let's all pray and hope for a fruitful and peaceful resolution.
 +  +
Sincerely yours,
 +  +  +
Ian Crystal
 +
Administrator
 +
Estate of the late Sps. Raymundo and Desamparados Crystal
 +  +
= 6/9/21 updates =
 +  +
yesterday we had a celebration in AA bbq. the damage was P9,370 + P100 tip. the receipt has been posted to the chat group.
 +  +
i went to engr. norvic to show him where the road to our 4126 will be located. i also instructed him to make the road part of our 4130-prt (0.4ha) so that we don't have to demolish any houses. lucky for us, if a -prt lot hasn't been surveyed or partitioned and the boundaries indicate 2 opposite sides as inside the -prt lot, the geodetic has the authority to choose where those sides will be located. engr. norvic told me he needs to also survey the entire 4130 (3.5ha) before he can survey our 0.4ha partition. since i only paid for the 0.4ha survey, i paid him P35k to also survey the entire 3.5ha. the receipt has been posted to the chat group.
 +  +
tita doris submitted the sketch plan and tax clearance of guba and the assessor told her we can get the cert of no improvement on monday. this is the only missing requirement for us to pay the estate tax.
 +  +
i had the entire r-1666 court documents certified again because it is needed for the evictment petition for toledo. the cost was P4k. today atty balili was bombarded with calls from the occupants of our toledo lots. i asked maldo to ask the barangay captain to schedule a dialogue with the occupants so i can inform them of our offer which is 1) to give the occupants an option to buy the portion they are occupying for P1k/sqm. so if their house is on 200sqm they can buy the lot for P200k. 2) for those who can't afford, they will be relocated to 4126. maldo suggested i write a formal letter to the barangay requesting to schedule a dialogue. maldo said the tanods will be the ones to inform the occupants of the dialogue schedule. i will write the request letter tomorrow and LBC it to maldo.
 +  +
i accompanied tito boy to BIR to pay the estate taxes. the BIR processor named lourdes required some sort of certification from the parish that tito sergio was a resident of cebu because his death certificate indicated he died in muntinlupa. lourdes also suggested we look into the list of "et al" in the land tax dec maybe tito sergio is one of the et al.
 +  +
i distributed the checks to the heirs in the compound. the current balance of the estate funds is negative (- P486,679). i will just hold off on depositing my refund for the surety bond until mambaling is sold or the toledo quarry pushes through (P2 million / month income).
 +  +
** P25m:
 +
*** P2.3m (earnest money. papa, tita jane, tito virgilio and tito mike still needs to receive P500k each, christian P150k and nimfa's kids P50k) - 2300000
 +
*** P4.5m estate tax - 4500000
 +
*** P6.5m reserve for Ang - 6500000
 +
*** mr. lao paid: P11.7m on 6/7/21
 +
** minus other obligations:
 +
*** P3,282,985 (ian's expenses include P876k filing fee for administratorship and lawyer's acceptance fee) - 3282985
 +
*** P1m surety bond for administratorship - 1000000
 +
*** P750k for 3% family finder's fee (tita doris, tita georgia and konsehal P250k each) - 750000
 +
*** P1.25m broker's commission for atty balili - 1250000
 +
*** P2.2m earnest money (P500k each to papa, tita jane, tito virgilio and tito mike, P150k to christian and P50k to nimfa's kids - 2200000
 +
*** + P10k toledo income from poog barangay captain
 +
*** balance: P3,227,015 / 9 heirs = P357,446
 +  +
** P1,250,000: atty balili broker's commission - 1250000
 +
** P328,723 = P150k + P357,446/2: christian - 328723
 +
** P229,232 = P50k + (P357,446/2): mikmik (includes adrian, amber and audrey) - 229232
 +
** P357,441: kimberly (includes joanne, john paul, andrea, raemond, justine, clark) - 357441
 +
** P572,446 = P250k + P357,446 minus P35,000 (loan payment): tita georgia - 572446
 +
** P501,346 = P250k + P357,446 minus P71,100 (loan payment) minus P35k (atty russel): tita doris - 501346
 +
** P307,446 = P357,446 minus P50,000: tita angie - 307446
 +
** P857,446 = P500k + P357,446: tito mike - 857446
 +
** P857,446 = P500k + P357,446: tita jane - 857446
 +
** P857,446 = P500k + P357,446: tito virgilio - 857446
 +
** P250k: konsehal (agent) - 250000
 +
** P35k: atty russel (tita doris will) - 35000
 +
* total: P6,403,972
 +
* minus P6,700,000
 +
* remaining balance in account: -P296,028 + (P5 million check to be deposited when Ang surrenders title) = P4,703,972
 +  +
* when P5 million check is deposited i will cut the following checks:
 +
** P857,446 = P500k + P357,446: papa - 857446
 +
** P3,333,205 (plus future expenses): ian - 3333205
 +
** P1m: ian (surety bond) - 1000000
 +
* total: P5,190,651
 +
* remaining balance in account: negative P486,679 minus expenses between now and when P5m is deposited
 +  +
= 6/7/21 pelaez sale is complete =
 +  +
i signed the deed of sale of pelaez today. normally the sale should only happen if the seller has the title but mr. lao is confident we will get the title from Ang that's why he decided to still cut us a check. note in the beginning we all assumed Ang will immediately surrender the titles if we give him P6.5m because atty tan told us Ang was willing to settle for P3m. turns out Ang is demanding P43m. but atty balili assured mr. lao the worse case scenario for Ang payment is P8.45m (P6.5m + 6% interest since august 2016) and we can settle it in 6 months. mr. lao also knows i have the money to cover the extra P1.95m. mr. lao cut 1 check for P6.7m and another for P5m. he asked me to deposit the P5m only when we get the title from Ang so at least his money in the bank can earn interest while waiting for the title from Ang (the title is required for the building permit). by law i'm suppose to open an estate account. so i went to BDO to open the estate account but it turns out it's like opening a corporate account where it can take weeks to complete the requirements. so i will just deposit the P6.7m to my personal checking account so i can start distributing the funds. many heirs badly need the funds now. some of tito gerry's and tito bertie's kids are in danger of not being able to enroll for the next school year. some heirs also have urgent medical expenses but i won't mention it here just in case they want to keep it confidential.
 +  +
atty balili warned me to strictly follow the rules because tito virgilio will be suing us (those who signed the MOA so only tita jane be will spared from the law suit). atty balili told me that tito virgilio sent a representative named heidi echaves to atty balili's office and told atty balili tito virgilio will be suing us. hedi echavez said tito virgilio will also be suing my dad for not distributing the funds from the lawaan sale. this is going to get very ugly. lolo and lola will be crying from heaven. tito virgilio's biggest weapon will be the extrajudicial so i suggest tito virgilio should be the first to sign and tita georgia and tito mike will be the last and not give it to anyone. at first i thought tito virgilio did not want to sell pelaez for sentimental reasons but mr. lao told me tito virgilio tried to sell pelaez to him. that explains why tito virgilio wanted an LOI from the buyer and the certificate of availability of bank funds. mr. lao also said tito virgilio is trying to sell pahina, claiming that he has the title. if this is true then all tito virgilio needs to sell our properties is the extrajudicial. this is worrisome because if he blocks the donation of pahina to lola ica's heirs, there's a good chance the judge will side with him according to atty balili. my remedy for this is if the toledo quarry pushes through, we will just give him 1/9 of the appraisal value of pahina which is not much because there is no frontage and right of way. i think the judge will go with this.
 +  +
i told atty balili that i will still go ahead with depositing the checks to my account so i can already distribute the funds to the heirs because education has always been the highest value or priority in our family and i'm sure tito virgilio will respect the values that lolo and lola taught us. i'm also confident that tita jane can convice tito virgilio that everything i'm doing is for the good of everyone including him. i'm turning toledo into a P2 billion asset. he should be thanking me instead of suing me.
 +  +
* 8/10/21: here's the current accounting for the pelaez full payment.
 +
** P25m minus:
 +
*** P2.3m (earnest money. papa, tita jane, tito virgilio and tito mike still needs to receive P500k each, christian P150k and nimfa's kids P50k) - 2300000
 +
*** P4.5m estate tax - 4500000
 +
*** P6.5m reserve for Ang - 6500000
 +
*** mr. lao paid: P11.7m on 6/7/21
 +
** minus other obligations:
 +
*** P3,282,985 (ian's expenses include P876k filing fee for administratorship and lawyer's acceptance fee) - 3282985
 +
*** P1m surety bond for administratorship - 1000000
 +
*** P750k for 3% family finder's fee (tita doris, tita georgia and konsehal P250k each) - 750000
 +
*** P1.25m broker's commission for atty balili - 1250000
 +
*** P2.2m earnest money (P500k each to papa, tita jane, tito virgilio and tito mike, P150k to christian and P50k to nimfa's kids - 2200000
 +
*** + P10k toledo income from poog barangay captain
 +
*** balance: P3,227,015 / 9 heirs = P357,446
 +  +
* checks written:
 +  +
** P1,250,000: atty balili broker's commission - 1250000
 +
** P328,723 = P150k + P357,446/2: christian - 328723
 +
** P228,720 = P50k + (P357,446/2): mikmik (includes adrian, amber and audrey) - 228720
 +
** P357,441: kimberly (includes joanne, john paul, andrea, raemond, justine, clark) - 357441
 +
** P572,446 = P250k + P357,446 minus P35,000 (loan payment): tita georgia - 572446
 +
** P501,346 = P250k + P357,446 minus P71,100 (loan payment) minus P35k (atty russel): tita doris - 501346
 +
** P307,446 = P357,446 minus P50,000: tita angie - 307446
 +
** P857,446 = P500k + P357,446: tito mike - 857446
 +
** P857,446 = P500k + P357,446: tita jane - 857446
 +
** P857,446 = P500k + P357,446: tito virgilio - 857446
 +
** P250k: konsehal (agent) - 250000
 +
** P35k: atty russel (tita doris will) - 35000
 +
** P35k: engr. norvic abella - 35000
 +
** P156k:ian crystal to cover personal loans of georgia doris angie - 156000
 +
* total: P6,594,460
 +
* P6,700,000 minus P6,594,460
 +
* remaining balance in account: P105,540 + (P5 million check to be deposited when Ang surrenders title) = P5,105,540
 +  +
* when P5 million check is deposited i will cut the following checks:
 +
** P857,446 = P500k + P357,446: papa - 857446
 +
** P3,337,730 (plus future expenses): ian - 3337730
 +
** P1m: ian (surety bond) - 1000000
 +
* total: P5,195,176
 +
* remaining balance in account: 5,105,540 minus P5,195,176 = (negative)-P89,636 + P434.32 bank interest = (negative)-P89,201.68 minus expenses between 8/10/21 and when P5m is deposited
 +  +
= 6/7/21 toledo subdivision development =
 +  +
good news !!! our P2 billion dream is getting closer to reality. this should provide economic security for all your kids, grandkids, and great grand kids. today i signed the agreement to develop our 58ha of toledo into a subdivision. with maldo's help, the contractor has decided where the path to our 4126 will pass. i will name this road dida road (each heir will eventually have a road named after them in toledo). dida road will be 15 meters wide so big trucks can pass 2 way. none of the occupants need to be demolished but we still need to compensate them for their crops that will be destroyed during the road construction. one of the sub contractors of the new bridge to cordova, kajima construction, wants to buy our surplus soil from the subdivision development for P500/truck load. this will give us around P1.5 million a month income.
 +  +
the contractor said they have full support of the duterte administration because the cordova bridge is part of the build build build strategy of duterte to increase tax revenues. they said we can quickly get any permit we need because our contract is vital to the construction of the cordova bridge. the contractor said in times of "full blast operation" if they are behind schedule they might use 100 trucks on our property where we will earn P200k a day.
 +  +
maldo asked the contractor if their trucks have wings because it's impossible for 3 trucks to do 150 trips a day. the contractor said actually 20 trucks will be used for the hauling and they will be operating 24 hours. each truck can have 6 trips a day to the cordova bridge construction site. the trucks will pass near my mom's 500sqm subdivision lot in talisay along SRP that needs abuno so i asked the contractor if they can once in a while dump the soil to my mom's lot near SRP they said sure no problem. hehehe. that will save my mom P2 million. i'm such a corrupt administrator :-)
 +  +
on the way home from toledo i stopped by pelaez to check on bebot's move out. bebot wants all the grills removed because she wants to take it with her. i went home to get a grinder but turns out there's too many grills and it takes forever to cut the thick cables. so i offered bebot P4.5k to hire someone to do it and she was happy. i just posted the receipt and the photos of the grills being taken out.
 +  +
= 6/5/21 toledo fencing details =
 +  +
there's another important thing everyone needs to know regarding the fencing of toledo. before we can fence, we need to have it surveyed. survey cost is P10k/ha that means the survey of entire toledo would cost around P650k. fencing cost probably won't be that much if we just use barb wire. i consulted with engr norvic and asked HOW ON EARTH WOULD WE KNOW WHERE TO PUT THE FENCE BASED ON THE SURVEY RESULT? he said one of us needs to be present when they locate or create the mojons during the survey so we will know where the mojons are located. i don't have photographic memory (just photogenic memory) so i would need to take pictures on each location of the mojon. based on the cadastral map, 4126 has 49 mojons, 4127 has 14 mojons, 4143 has 38 mojons, 4130-prt will probably have around 5 mojons, 4129 has 9 mojons, 3816 has 42 mojons, 3817 has 7 mojons, and 3820 has 13 mojons for a total of 177 mojons. WOW !!! i will need to take a photo of each mojon, label them by number according to cadastral map. that means i will never be able to play golf again. i had no idea what i got myself into. hehehe. so it will be easily accessible to everyone, i will just post it on my facebook, organized as 1 album per lot. so in case i get covid anyone can easily carry on the task of transforming our toledo lots into a P450 million estate. the fencing contractor could easily access the photos from his smart phone and we don't waste money on printing. i will also save the albums into a dvd disk and distribute it to other heirs for safe keeping.
 +  +
which leads me to another pep talk. it really drives me crazy that we are suppose to be highly educated yet i notice in the past we have this very stupid habbit of not keeping tabs of super super important documents. i remember in one of the meetings one heir said there is a supreme court order to title all our toledo lots in our favor and he gave it to another heir. the other heir said she never received it. i celebrated because i know we can just have the copies certified. turns out nobody even made copies. i almost fainted. how could anyone not make copies on a document that seals ownership on a P200 million property? nobody does that. not even uneducated people would do that. if that was me i would make at least 3 copies and store it in 3 different places in case my house burns down. i know i'm sounding mean and insulting but it's the only way the heirs will realize that if we don't change our old bad habits and something happens to me, it will be total chaos.
 +  +
the P3m i set aside will allow me to be aggressive on not just the fencing but also the titling, evictment, removal of other declarants, and reconveyance of 4143 (10ha). tita georgia told me that lots in guba which are much worse than ours in terms of slope and location (very far from the main road) are selling for P2k/sqm only because it's partitioned into small subdivision lots and each lot has an individual title. our guba was appraised for only P400/sqm (P14m). the owner of rico's lechon was having dinner at our house the other night because gikom bought a franchise and he said guba is very ideal for piggery and the lots in guba sell for only P400-P500/sqm. so we probably should also partition guba into subdivision lots (same as toledo) if atty abellana's guarantee that we win the right of way holds true and mambaling is sold. but if the mambaling right of way efforts fail (which means mambaling can't be sold), we should sell guba as quickly as possible just so the heirs can immediately enjoy their inheritance. i want to reiterate that i will be happy if mambaling can't be sold because i really want it to be partitioned for the 9 line of heirs so each line of heir can build a 75 unit bedspacing (similar to munoz m5) since bedspacers don't have cars (motorcycles can pass by the current right of way). that's easily a P3m a year cash flow for each heir. but of course i am still doing whatever it takes to get mambaling sold just for the sake of the heirs who badly need the money now.
 +  +
in the worse case scenario if mambaling and guba is not yet sold and the toledo quarry does not pan out, of course any heir can get money from the estate account for obviously more important reasons such as medical, tuition fee and high interest loans that was recently taken for emergency medical expenses. example your share for the P3m balance is suppose to be only P3m/9 = P333k. but if let's say you recently took out a P700k loan for an emergency medical procedure at an interest rate of 18%, of course you should borrow P700k from the estate to avoid that crazy 18% interest. your balance is now negative (-P367k). if it takes 2 years for guba or mambaling to be sold then you owe the estate P367k during that 2 years. and if it causes the estate to not have enough funds to pay off Ang and other properties get liened, so be it. anyway the lien can be immediately removed after the next property is sold. i'm sure all other heirs will understand and it's what lolo and lola would want. i know in the past the family had a bad experience with lack of accounting but this time, i'm required to regularly report an inventory and accounting to the judge, and if there is any accounting irregularity, i'm toast. there is no way i can get away with any malfeasance.
 +  +
= 6/5/21 pelaez full payment this monday =
 +  +
bebot has agreed to start moving out this sunday morning. i suggest all abled body pinanggas of lola and lolo in the compound will go to pelaez 8am to provide manpower so that mr. lao can give the full payment the next day.
 +  +
if bebot actually moves out, the deed of sale signing and full payment is this monday 11 am at BDO in colon. as required by the judge, full payment will be deposited to a checking account under "estate of raymundo and desamparados crystal".
 +  +
the judge also required we submit an inventory and accounting of the estate together with the deed of sale. since the mambaling and toledo titles are still with tita jane, i will have to declare it as lost in the inventory to protect her. if the titles arrive we can just declare it as found in the next inventory and withdraw the re-issuance affidavit from the ROD. if not then we will spend around P50k per title so around P200k.
 +  +
another requirement for the pelaez sale to be completed is of course paying the estate taxes that's why mr. lao will withhold P4.5m from the full payment to ensure this. as i reported recently, we still need to get the certificate of no improvement of guba to complete the estate tax requirements. we already gave the assessor the certified tax decs and the ctc of the title but yesterday the assessor asked for the tax clearance and vicinity map with sketch plan. so i went to engr norvic and paid P5k to make the sketch map and i will be getting it today. i will post the receipt on this chat group. on monday i will have tita doris pay the taxes of guba and get the tax clearance.
 +  +
to decrease the chances other properties will be liened in case Ang succeeds in demanding a bigger payout, i will withold P3m before dividing the balance by 9. but of course i will prioritize the urgent necessities of the heirs such as tuition fee and medical expenses. that means for now it will be a bit more complicated because each heir will have a different balance or claim in the checking account of the estate. the good news is the detailed accounting will be available on the wiki in real time for all heirs to see. and when mambaling or guba is sold, then i can just immediately equal out everything to simplify.
 +  +
also yesterday the signed extrajudicial of the 10 heirs of lola ica arrived in the mail so i went to one of those sidewalk notary lawers around city hall to have it notarized. it cost P5k (i will also post the receipt). on monday, i will accompany tito boy in the BIR to pay their estate taxes (P5.3k). tita cora said they will send money for the estate tax and notary. for now i will just expense it but remove it once their money arrives.
 +  +
it's amazing lola ica's heirs all signed it in 2 weeks even if 1 heir is in dubai (tito engelbert), 1 heir is in aklan (tito ponso) and 3 heirs are in marikina. when i posted the draft of the extrajudicial they had it reviewed by their lawyer friend who is a fiscal in marikina and the fiscal said the extrajudicial i created is defective. there are no spouses and the addresses are all in cebu. i told them i'm aware of the defect and it's intentional. for me common sense dictates these minor technicalities are not important and i want to experiment if common sense prevails of minor technical details. for me the important element of an extrajudicial is the clause "the deceased left no will and no debt", and it contains the names of all heirs. common sense also tells me that not all heirs have to sign if there is no assignment or sale. i asked 2 BIR assessors about this and they confirmed not all heirs have to sign if there is no sale or assignment. the notary also asked for the xerox copy of the ID of all 10 heirs. i did have the 10 IDs. but for the sake of experiment, i only gave 7 and told the notary lawyer that's all i had. the notary still proceeded to notarize the extrajudicial. then i asked the notary that if one of the properties has a title and there is a debt annotated in the title, will he notarize it? he said he will never notarize it because he will surely be disbarred and the heirs can be sued for purgery by the claimant. that's just common sense. my point of all this is that all we really need is common sense to tackle the issues of the estate. it's not rocket science or we are not trying to invent a cure for cancer. there is no need to be stressed or emotional. we have so many reasons to be happy and no reason to be worried and stressed out. stress is very bad for our health. lolo and lola would want all of us to be healthy and happy.
 +  +
tomorrow morning (sunday) i will coordinate bebot's move out. then i will go to toledo to figure out where to temporarily move the occupants of 4130-prt who are blocking the road way to 4126. note the 4130-prt occupants are cooperative and glad they will be relocated to 4126. it's amazing it was maldo who suggested the most ideal path for the road. i told him we need to hire an engineer for this we can't just wing it ourself. but the engineer of the contractor agreed with maldo's advice. another example that estate administration is really just hard work and common sense. aside from perseverance and hard work, it's also very important the administrator lets go of his/her pride. whoever becomes the next administrator needs to continue being transparent with the accounting. you need to itemize everything and report any changes in a timely fashion. i know it's like being a servant and our normal instinct is to feel everyone should just trust us because we are like kings and queens. i'm also convinced that family conflict is the "comfort zone" of the heirs and we would always be magnetized towards famliy conflict. that means the lack of detailed and timely accounting will guarantee that all hell will break lose. you might think this is just useless ranting. but what i'm about to say is actually the most important information i've ever posted in this chat group:
 +  +
keep in mind the stakeholders of the estate is not just 9 brothers and sisters anymore. the clan has expanded into 44 fully grown adult members. just like in all other clans of this size, there will always be some who falls far from the tree. don't believe the saying an apple never falls far from the tree. some will belong to the shady underworld. some will be influenced by BOYFRIENDS and spouses who belong to the shady underworld. and they all are FIERCELY expecting and monitoring their stake in this very lucrative estate. but this is not a problem because they could be our closest ally as long as we never do anything to harm them or swindle them. for me they are valuable assets because when we EACH start pursuing our own bedspacing business plans (for the properties who don't have a right of way), i could hire them to evict tenants who don't pay. right now they consider me their hero and invite me to their parties and give me the utmost respect and they run up to me and ask for my blessing everytime they see me. we just need to be very transparent and timely with the accounting so they know they are getting their fair share. lack of transparancy will breed suspicion, which could ignite to all hell breaking lose. the possibilities are so ugly i can't even mention it here but i'm sure you know what i'm talking about. this is the most important thing everyone should keep in mind, in case i get covid or get into an accident and can't carry on as administrator. i hope everyone reads this last paragraph over and over again to drill it into your heads. this is literally the most important thing i've ever said to the heirs. "the godfather" was not just a movie. now that there will be roads going to our 52 hectares of toledo, we are now potentially dealing with hundreds of millions worth of estate. it's something we should all celebrate and be happy about as long as we exercise discipline, transparancy and timeliness with our accounting.
 +  +
= 6/1/21 estate tax for 60ha toledo lot and pelaez balance =
 +  +
when atty balili told me the final estate tax was P4.5m, the next day i inspected the computation to make sure all properties were included. tu= 6/5/21 pelaez full payment this monday =
 +  +
bebot has agreed to start moving out this sunday morning. i suggest all abled body pinanggas of lola and lolo in the compound will go to pelaez 8am to provide manpower so that mr. lao can give the full payment the next day.
 +  +
if bebot actually moves out, the deed of sale signing and full payment is this monday 11 am at BDO in colon. as required by the judge, full payment will be deposited to a checking account under "estate of raymundo and desamparados crystal".
 +  +
the judge also required we submit an inventory and accounting of the estate together with the deed of sale. since the mambaling and toledo titles are still with tita jane, i will have to declare it as lost in the inventory to protect her. if the titles arrive we can just declare it as found in the next inventory and withdraw the re-issuance affidavit from the ROD. if not then we will spend around P50k per title so around P200k.
 +  +
another requirement for the pelaez sale to be completed is of course paying the estate taxes that's why mr. lao will withhold P4.5m from the full payment to ensure this. as i reported recently, we still need to get the certificate of no improvement of guba to complete the estate tax requirements. we already gave the assessor the certified tax decs and the ctc of the title but yesterday the assessor asked for the tax clearance and vicinity map with sketch plan. so i went to engr norvic and paid P5k to make the sketch map and i will be getting it today. i will post the receipt on this chat group. on monday i will have tita doris pay the taxes of guba and get the tax clearance.
 +  +
to decrease the chances other properties will be liened in case Ang succeeds in demanding a bigger payout, i will withold P3m before dividing the balance by 9. but of course i will prioritize the urgent necessities of the heirs such as tuition fee and medical expenses. that means for now it will be a bit more complicated because each heir will have a different balance or claim in the checking account of the estate. the good news is the detailed accounting will be available on the wiki in real time for all heirs to see. and when mambaling or guba is sold, then i can just immediately equal out everything to simplify.
 +  +
also yesterday the signed extrajudicial of the 10 heirs of lola ica arrived in the mail so i went to one of those sidewalk notary lawers around city hall to have it notarized. it cost P5k (i will also post the receipt). on monday, i will accompany tito boy in the BIR to pay their estate taxes (P5.3k). tita cora said they will send money for the estate tax and notary. for now i will just expense it but remove it once their money arrives.
 +  +
it's amazing lola ica's heirs all signed it in 2 weeks even if 1 heir is in dubai (tito engelbert), 1 heir is in aklan (tito ponso) and 3 heirs are in marikina. when i posted the draft of the extrajudicial they had it reviewed by their lawyer friend who is a fiscal in marikina and the fiscal said the extrajudicial i created is defective. there are no spouses and the addresses are all in cebu. i told them i'm aware of the defect and it's intentional. for me common sense dictates these minor technicalities are not important and i want to experiment if common sense prevails of minor technical details. for me the important element of an extrajudicial is the clause "the deceased left no will and no debt", and it contains the names of all heirs. common sense also tells me that not all heirs have to sign if there is no assignment or sale. i asked 2 BIR assessors about this and they confirmed not all heirs have to sign if there is no sale or assignment. the notary also asked for the xerox copy of the ID of all 10 heirs. i did have the 10 IDs. but for the sake of experiment, i only gave 7 and told the notary lawyer that's all i had. the notary still proceeded to notarize the extrajudicial. then i asked the notary that if one of the properties has a title and there is a debt annotated in the title, will he notarize it? he said he will never notarize it because he will surely be disbarred and the heirs can be sued for purgery by the claimant. that's just common sense. my point of all this is that all we really need is common sense to tackle the issues of the estate. it's not rocket science or we are not trying to invent a cure for cancer. there is no need to be stressed or emotional. we have so many reasons to be happy and no reason to be worried and stressed out. stress is very bad for our health. lolo and lola would want all of us to be healthy and happy.
 +  +
tomorrow morning (sunday) i will coordinate bebot's move out. then i will go to toledo to figure out where to temporarily move the occupants of 4130-prt who are blocking the road way to 4126. note the 4130-prt occupants are cooperative and glad they will be relocated to 4126. it's amazing it was maldo who suggested the most ideal path for the road. i told him we need to hire an engineer for this we can't just wing it ourself. but the engineer of the contractor agreed with maldo's advice. another example that estate administration is really just hard work and common sense. aside from perseverance and hard work, it's also very important the administrator lets go of his/her pride. whoever becomes the next administrator needs to continue being transparent with the accounting. you need to itemize everything and report any changes in a timely fashion. i know it's like being a servant and our normal instinct is to feel everyone should just trust us because we are like kings and queens. i'm also convinced that family conflict is the "comfort zone" of the heirs and we would always be magnetized towards famliy conflict. that means the lack of detailed and timely accounting will guarantee that all hell will break lose. you might think this is just useless ranting. but what i'm about to say is actually the most important information i've ever posted in this chat group:
 +  +
keep in mind the stakeholders of the estate is not just 9 brothers and sisters anymore. the clan has expanded into 44 fully grown adult members. just like in all other clans of this size, there will always be some who falls far from the tree. don't believe the saying an apple never falls far from the tree. some will belong to the shady underworld. some will be influenced by BOYFRIENDS and spouses who belong to the shady underworld. and they all are FIERCELY expecting and monitoring their stake in this very lucrative estate. but this is not a problem because they could be our closest ally as long as we never do anything to harm them or swindle them. for me they are valuable assets because when we EACH start pursuing our own bedspacing business plans (for the properties who don't have a right of way), i could hire them to evict tenants who don't pay. right now they consider me their hero and invite me to their parties and give me the utmost respect and they run up to me and ask for my blessing everytime they see me. we just need to be very transparent and timely with the accounting so they know they are getting their fair share. lack of transparancy will breed suspicion, which could ignite to all hell breaking lose. the possibilities are so ugly i can't even mention it here but i'm sure you know what i'm talking about. this is the most important thing everyone should keep in mind, in case i get covid or get into an accident and can't carry on as administrator. i hope everyone reads this last paragraph over and over again to drill it into your heads. this is literally the most important thing i've ever said to the heirs. "the godfather" was not just a movie. now that there will be roads going to our 52 hectares of toledo, we are now potentially dealing with hundreds of millions worth of estate. it's something we should all celebrate and be happy about as long as we exercise discipline, transparancy and timeliness with our accounting.rns out all the untitled lots of toledo were not yet included (10ha 4143, 60ha 4126 and 6ha 4127 = 76ha). note we have to pay for the entire 60ha even if 27ha was CARPed. officially the zonal value at the time of death was P310/sqm, which is a whopping P235.6m gross value. so the estate tax (6%) is P14.1m. atty balili was able to compromise it down to P200/sqm (P152m gross X 6% = P9.1m). atty balili suggested we attempt a direct substitution to the heirs, which is possible for untitled properties. i remember atty camiso advised this if we failed to get the tax decs before the amnesty deadline. however i remember atty atup (via atty justine) telling me direct substituion is not possible and in order to get the tax decs we need to file a new case because the court orders have expired, which means there was no chance that 4126/4127/4143 could be included before the amnesty deadline. so i told atty atup about atty camiso's suggestion for direct substitution and he said it's not possible. the good news is if direct substitution does not work out, we have time to pay the P9.1m because the amnesty deadline is extended 2 years. i told atty balili i want to give him an incentive (or else it will take forever because atty balili is swamped with so many other cases. i hope by now all heirs are convinced that the only way for us to succeed is to give big incentives to our lawyers). imagine it will save us P9.1m. he said we will work it out once the pelaez sale is finalized and the estate tax for the other properties (P4.5m) is paid.
 +  +
regarding pelaez, the good news is mr. lao decided to give the full payment even if bebot still won't move out even there is already a demolition order. this monday we will finalize the sale. each line of heir will receive P138.5k. papa, tita jane, tito virgilio and tito mike will receive additional P500k or P638.5k. tita doris and tita georgia will each receive additional P250k for the 3% family commission. the details are in our wiki under the pelaez section: http://covid19.wiki-site.com/index.php/MundingDida#pelaez
 +  +
tomorrow i will go to mactan because the BIR was requesting the latest revision of the tax dec and no improvement (which i find strange because the computation is from time of death). i will also go to DAR to get a certification that 4126 was CARPed.
 +  +
= 5/29/21 misc expense report =
 +  +
1) evictment of 73 occupants of our toledo lots - i signed the demand to vacate for each 73 occupant, 2 copies each so i almost got carpool tunnel syndrom :-) then i gave P6,500 to atty balili's staff to mail the 73 demands registered mail.
 +  +
the good news is that we don't have to spend P93k on the back taxes of the 73 buildings (some are commercial buildings). the toledo assessor told me they have a new policy that a requirement to get a tax dec is tax clearance. i withdrew P100k and was about to go to toledo to pay the P93k but while i was in atty balili's office signing the demand to vacate letters, the assessor called me saying i need to get an authority from all building owners to get their tax dec. of course that would be impossible because why would the occupants cooperate with us when we are trying to evict them? so i gave the phone to atty balili and all of a sudden i could hear from the speaker phone the head assessor sounded rattled. atty balili told them all we need is a certification of the assessed value of the buildings because it is a requirement in the filing for eviction. that's because the filing fee for evicition is based on the assessed value of the buildings. the assessor immediately obliged to atty balili's request and just asked for a request letter. so now thanks to atty balili we saved P93k and it's even simpler because instead of 73 tax decs we just have 1 certified document listing all the tax dec numbers and assessed value. amazing !!!
 +  +
2) another good news is the authority to sell pelaez and mambaling has been approved. the only problem is the judge also required me to submit an inventory of all estate properties within 10 days and i still don't have the mambaling and toledo titles. even if tita jane mails it now, the titles might not arrive within 10 days. the judge might get angry because when the judge interviewed me, he ordered me to take possession of all estate properties and submit an inventory. so we have no choice but to file an affidavit of re-issuance. i went to toledo ROD and paid P943 for the 3 titles to be annotated. tita doris went to cebu city ROD and paid P1,567 for mambaling title to be annotated. at least now we have something to show in the inventory (receipts). the good news is it will take around 3 weeks for the re-issuance to be annotated then after that we will file it in court which would cost around P50k per title (filing fee + publication fee + lawyer fee). so tita jane now has enough time to mail the titles
 +  +
3) turns out some of the tax decs that edith handed over to me were just colored xerox copies so i asked tita doris to get the certified tax decs of pahina, mamabling, pelaez land, pelaez buliding, and pelaez certificate of no improvement (i was not aware you still need to submit a certificate of improvement even if there is already a building tax dec). tita doris also had to go back and forth to the assessors because the request letter for the guba improvement needed to include the lot number. tita doris also needed to get the CTC of the guba title from ROD as part of the requirement for no improvement. the total cost including moblization and meals of tita doris is P3k for the entire week's worth of effort. the good news is by wednesday we will get the improvement for guba and pelaez and on thursday mr. lao can pay the estate taxes (P4.5m). i will also expense P901 for gasoline to toledo since i didn't go to aloguinsan for R&R. if i go to aloguinsan after toledo i won't expense my gasoline cost because i would consider it going to aloguinsan for personal enjoyment and i just stopped by toledo to do some estate transactions.
 +  +
there's also something very important you need to know - when our ROD contact (carido, who is also our relative from aloguinsan who's house is just next to lolo salo and lola minggay's house) saw balili's affidavit of re-issuance he was impressed and wanted to hire atty balili to solve problems with his properties. i told carido that balili's services are part of the administrator package and he might be too expensive. but carido insisted on hiring atty balili regardless of the expense. imagine an ROD insider who has dealt with so many lawyers in his career so by now he should know how to pick the best laywer and he refuses to hire another lawyer he just wants atty balili.
 +  +
picking the best people to help us is the key to our success so it's very important to know how to evaluate and value people's capabilities. that's why i will hire oscar labrador to help us with the papers for our toledo subdivisions. i drove oscar to toledo to do the appraisal and during the entire trip, his phone won't stop ringing because people kept calling him for advice and services. one of the callers was begging him to go to cagayan but he refused because of the pandemic. are there no brokers and appraisers in cagayan? i'm sure there are lots of brokers and appraisers in cagayan but he was asked to go there because he is probably the only one who has the reputation and track record. beware of the old mantra:
 +  +
"YOU GET WHAT YOU PAY FOR"
 +  +
also, we should never judge people for their social status or charisma. when i just started to get involved, someone who looks like a habal habal driver or pier cargador approached me saying he has a buyer for our toledo properties. i told him we don't have tax decs yet for 4126/4127/4143/4129. he handed me a THIN yellow folder containing our toledo court case documents and told me i should be able to get the tax decs already because we already won the court case. i ignored his advise because he looked like a swindler. the entire time he had a very big smile on his face. he also told me that if we won't sell toledo we should plant neem trees and make lots of money from the fallen leaves which could be used as coal for power plants. i dismissed his advise based on his looks. when we hired atty atup, tita doris, tita georgia, and me gave atty atup all the court documents we had relating to toledo. atty atup told us the documents had lots of missing pieces and asked me to go to toledo court clerk to get the complete documents. after 1 month the toledo court clerk said they couldn't find the missing pieces atty atup was looking for. i lost all hope of geting the tax decs and beating the amnesty deadline for toledo because it was already january 2021. maybe it was lolo and lola's spirit that guided me but for some reason i gave atty atup the yellow folder that the mysterious fellow gave me and i almost fainted when atty atup told me the missing pieces were in the yellow folder. until now i'm still regretting that i didn't get his name and phone number.
 +  +
so when maldo told me someone wants to buy soil from us for P500/truck, my first reaction was "you idiot that's how much it cost to rent the truck + fuel expense there is no way we can make a profit". i ignored maldo's suggestion. later that day i think it was lolo and lola who tapped me on the shoulder and reminded me about that mysterious fellow who gave me the yellow folder. so i asked maldo why he thinks it's a good idea to sell our soil for P500/truck. maldo told me the contractor spends for everything and P500/truck is already net profit. he told me instead of selling our lots for P200/sqm, why not sell it for P500/sqm but we sell it 100 times and after that WE STILL OWN THE LAND and the value of the land goes up because it is now "patag". i almost fainted. so i told him to call the contractor and took a video of their conversation and posted it on our chat group. i hate to say this but maldo may be uneducated but he is wiser and has better instincts than any of us. that's why if this quarry pushes through, we should hire maldo to help us with the operations and pay him 5% of the revenues. so if we make P1m a month we give him P50k a month. remember the old mantra - "YOU GET WHAT YOU PAY FOR". one time we were treating the assessors to karaoke and he got very drunk. when i drove him home, he told me he is worried about me because when i grow old there will be no one to take care of me. that's amazing wisdom.
 +  +
4) i also needed to certify 5 copies each of the motion for authority to sell and the order because it will need to be attached to the deed of sale for peleaz. total is 175 pages. xerox cost P475 and the certification cost P6k (P10/page and i gave extra to get them all done by monday). so now we just need to wait for bebot to move out and mr. lao will give the full payment. the good news is we had a favorable comment from the city legal office regarding the demolition permit.
 +  +
= 5/25/21 toledo updates =
 +  +
1) good news - the entire lot of 3820 (2.7ha) is ours. this is a big deal because that means our frontage to the national road is not like a shape of a weird snake (long and thin). it's actually like a cow - big and fat which increases the value further. the .4ha area in the tax dec was just to lower the taxes, a common practice at that time. it's good to know lola and lolo used to "play the game". hehehe. first i went to DENR in toledo, who advised me to go to tax mapping and see if there are other declarants. if we are the only declarants of 3820, that means we own the entire lot. if there are other declarants, i should go to bureau of lands in sudlon lahug to find out if the lot has partitions. if it's just 1 lot, then that means there can only be 1 owner and the other declarants will have to fight it in court (which we already won). i went to tax mapping toledo. maldo's karaoke partner (i will post a video soon) showed me there are around 8 other declarants (note removal of other declarants of all estate properties is part of the P1m lawyer fee to balili, including removing the encumbrances of all titles. however, titling and evictment, which is not considered an estate ownership issue (it's more cosmetics) is a separate lawyer's fee). when i got home i went to bureau of lands in sudlon lahug. their expert told me to request a cadastral map. i showed him the photos of cadastral map on my iphone. he was surprised and asked me how i was able to take photos of the cadastral maps. oops !!! i told him i have a friend in the DENR. he looked annoyed although i've dealt with him many times in the past and he is always in a constant state of distress. atty balili told me that is his normal state and not to worry about it. then he told me to get the lot data computation so i can determine the area of the lot. i told him already have the tie lines from tax mapping and already computed it to be around 2.7ha. then he told me if the boundaries in the tax decs matches the boundaries in the cadastral maps. i showed him that it does. he then concluded that we own the entire property and the .4ha is just to lower the taxes, a common practice in the past. he said, "standard man gyud na ang panikas sa unang panahon". hehehe. note that everything he said is exactly what engr. norvic told me. i'm trying to get a second opinion. i hope you learn that dealing with estate issues is not a walk in the park - you have to aggressively cover any potential pitfall and always try to get a second opinion if it's possible.
 +  +
2) another good news - the quarry contractor told me the results of the initial soil testing from the samples he took passed with flying colors. that means we are inching closer to the P2 million a month revenue.
 +  +
3) another good news - the quarry contract told me the owner of lot 4128 mr. garces allowed them to create a road that cuts through their lot so we can access our 4126/4127 even if we haven't started processing the annotation of our titles and tax decs. i texted mr. garces this:
 +  +
"hello sir garces. si ian crystal ni administrator sa crystal estate. in behalf sa crystal family magpasalamat mi na inyo mi ge hatagan ug access sa amo lot 4126. mas maayo unta ipa perpetual annotate nato sa tax dec or title para mo saka pud value sa inyo 4128 ug permanente na duna mo right of way or dalan gikan national road hantod sa inyo 4128. easily mo quadruple na value sa inyo yuta. kami ra gasto ug lihok sa tanan. pahibawa lang uban nimo igsuon bisan e forward lang ni na message. text or tawagi ko anytime kung duna mo pangutana. kung mo agree mo ingna lang ko para masugdan nako ug process. ako number 0920-292-7615."
 +  +
this means for sure we will have a legit road access to our 4126/4127. and WE DIDN'T HAVE TO SPEND A SINGLE PENNY !!! i'm like donald trump i keep making favorable deals yet many beneficiaries of the deals are still angry at me because i have a very disgusting personality. hehehe !!! but we should not rest on our laurels. we should still try our best to legitimize the other road access that cuts through our 4143.
 +  +
4) me and maldo met with the barangay captain of poog at his house. he ordered 4 boxes of pizzas and softdrinks. i told him the heirs are happy and surprised to see the wide barangay road that cuts through our 10ha 4143 and ends up in our 38ha 4126/4127. i told him we were surprised because it's not in the google satellite map. i told him although the satellite map did indicate the images were taken in 2015. he told me he created the road just few months ago on december 2020 and he really just revived the old road used by atlas mining which got covered by bushes that's why you can't see it in the satellite map. i said that's great but i need to know the status of that road. he told me unfortunately, it's not a barangay road and he really don't have proper papers for it. moreover, he researched and found out atlas also never had proper documents to use the road. right now he is paying 8 owners of the lot (including occupants of our 10ha 4143) P20 for every truck that passes by. although he said cars and motorcycles don't need to pay a toll fee just big trucks.
 +  +
i told him 4143 won't be a problem because for sure we will recover that property. i asked who are the owners between 4143 and 4126. he said there are 2 lots - aboitiz and esperanza. he said the aboitiz were angry at him for cutting through their property. i said what IDIOT wouldn't want an access road to their property from the national road? mag helicopter ra sila? he said aboitiz is planning to build a compound so of course nobody wants a public road cutting through their private compound. i said that's understandable because even in our crystal compound my aunts are annoyed at condominim residents (munoz m5) cutting through our compound. i said but aboitiz needs to pass by our 4143 to access the national road. he said aboitiz and esperanza will surely grant us access to our 4126 in exchange for allowing them to pass by our 4143 but we will need to pass by their boundary so they can fence their compound. he told me he will build this road himself at his expense because he will be the one using the road to collect the sand and gravel surplus from atlas mining. (another road immensely beneficial to us and we don't have to spend a single penny !!!)
 +  +
i then asked what's the situation between the national road and our 4143. he said the good news is that road is permanent. the bad news is that road is private. it's permanent because when the owners bought their lot, that road right of way is part of the purchase agreement. however it's private. i asked if it's possible for the barangay to pay the owners of the lot to purchase that road? the barangay captain said yes it's possible. i asked why he hasn't started to process it? he said he just hasn't thought about it but now he will start processing it because it benefits him a lot. i then asked if he loses in the next election or he reaches his term limit, will the processing be in jeopardy? he told me him and his wife just takes turns whenever they reach their term limit. that means probably tita georgia will be the next mayor of tudela when tito jojo approaches his term limit. he told me he is not in danger of losing in fact he never has to campaign. he also assured me that even if there is another barangay captain, for sure the successor will still be under his influence and it's the tradition or unwritten rule in toledo politics that they never disrupt any deals or projects of their predecessor. i thanked him and told him i need to start heading home while there is still daylight.
 +  +
i will post some photos of this questionable road. however it's important to note we really don't need this road to access our 4126 because the quarry contractor will build a road that passes through our 4130-prt, 4129, and the 4128 of garces.
 +  +
4) my contact said they can start working on the 73 building tax decs of the occupants on june 1 when the ones in charge will return from their pandemic assistance re-assignments. he said it should take around 1 week. once we have these 73 tax decs, we can start the evictment process.
 +  +  +
5) one more thing - i also talked to the barangay captain of poog about the 73 occupants of our 3816 many of whom have big mansions like that of beverly hills. he said the word around town is that everyone is aware the crystals own 3816 and is planning to sell it. the occupants have been expressing their wish that the buyer will not demolish their houses and they wish the buyer will give them the option to buy their lot. i told him we just had it appraised and it's P2k/sqm (P130 million). i said our plan is to subdivide it into 200sqm lots making sure to accomodate the lots of current occupants and then sell the lot to the occupant for P700/sqm. if they can't afford it, they will be relocated to a 200sqm lot in our 4126 which will have a road access. i said it was lolo and lola's wish to reserve 3ha in 4126 to relocate all our occupants. the barangay captain said if that's the case we shouldn't have any trouble dealing with the occupants. i told him but we are still filing evictment proceedings in court. he said that's better because it will make it easier for the occupants to accept our offer if there is already an evictment order. he then offered me to hire him in case we need roads built in our subdivision because he already owns a back hoe and heavy equipments. i told him for sure we will hire him when the time comes we need more roads built.
 +  +
6) regarding estate taxes, i'm writing a letter to the assessor mr. wenceslao to request a certificate of no improvements for guba. they said it should be ready in 2 weeks. once we get it, mr. lao can pay our estate taxes which is currently computed at around P4.5m.
 +  +
= 5/22/21 cobweb of super good news =
 +  +
so much good news i don't even know where to start.
 +  +
1. estate tax - the latest computation is around P4.5m (much less than the P8.5m of edith). this does not even include the deductions yet such us lawyers fees and family home deductions. it's amazing we spent P3m on administratorship but saved P4m in estate taxes. the morale of the story is life is a never ending series of give and takes. you win some you lose some. just chill and be happy. i read in the news duterte will sign an extension of estate tax amnesty next week. i talked to duterte on the phone and ordered him to sign the extension tonight so families can enjoy their weekend. hehehe. even if duterte does not sign, mr. lao will pay our estate tax. if mr. lao gets a heart attack and cannot pay, i can pay it. if i get a heart attack, the mambaling buyer atty ong said he will pay it. if that does not ease your worries, i don't know what will.
 +  +
atty balili is trying to convince the assessor to exempt tito gerry's and tito bertie's estate taxes. i did not quite understand how i think it's related to the family home certification or indigent certifications from the barangay. that will lower our estate taxes further by P500k and we should thank tito virgilio because he was the one who advised us to get the barangay certifications.
 +  +
the only thing that dissapointed me is i wish it was much lower than P4.5m so atty balili can get his cut (as the majority signed in the MOA). the key to our future success and getting our P2 billion potential inheritance is having a very talented and hardworking lawyer like atty balili on our side. in fact the battle between companies in silicon valley (e.g. google, apple, facebook, etc ...) is not who has the better technology but who has the best talent. the #1 priority of tech companies is not really to develop the best technology but to ATTRACT THE BEST TALENT. the best way to attract talent is reward. i remember back in my silicon valley days everytime i come up with a good idea my VP will just give me $50k bonus check even if i was just doing my job. after working 15 years i got around $500k (P25m) just on bonuses alone from my ideas. the only problem was when i ran out of good ideas they kicked me out. hahahaha !!! silicon valley companies looking for the best operations VP were fighting to attract tita jane's son in law guillermo (jo-anne's husband). they offered him millions in stock options. ever since guillermo took the helm, his company has dominated market share at the expense of their rivals. the morale of the story is: if you want to succeed, invest in talent. dle ta mag tihik-tihik sa talent. that's why bill gates did not hesitate to give paul allen millions in ownership of his company because he knows paul allen will help him make $100 billion someday. i also don't think we will ever find a talented lawyer like atty balili who will PROMPTLY meet with me and answer my questions any time even on sunday night. the other lawyers we had would take weeks just to answer a text message (atup, camiso, tan, abellana). atty mark was also bright and responsive but he did not want the headache of dealing with tito virgilio. atty balili is the opposite - i can read his facial expression during the hearing it's as if he was salivating at atty Ang's lawyer and wanted to eat him for dinner. hahahaha !!! atty balili would spend an hour educating me about the law (with whiteboard illustrations) just so i can make the best decision. unbelievable !!!
 +  +
the estate issues cannot be attacked by just being "straight to the point". problem solving involves many dots and we have to connect the dots. it's a COBWEB !!! not a straight line. lawyers can only supply the "straight to the point" dots that are related to the law. the client needs to supply the other dots and connect the dots. it's like deciding to have chemotherapy or not - the doctor can only give the medical related "straight to the point" DOTS such as chances of survival and treatment options but the decision lies on the patient and only the patient can supply the other dots such as financial situation and kids in college and connect the dots such as refusing chemotharapy to protect the college fund of his kids. or if you bought PRU-life insurance from chiqui the doctor will have no way of knowing that crucial "dot" in your decision. example of straight to the point is "removing the declarants of our toledo tax decs" - that's the lawyer's job. my job is to look for other dots and connect the dots like look for a quarry contractor who can earn us P2 million a month. i don't really care about the money. i'm just ha‌ving fun treating this whole thing like a video game. the objective of my game is to give lola and lolo's pinanggas as many millions as possible.
 +  +
2. yesterday i drove to lutopan to give to the quarry contractor the certified true copies of case r-1666 orders and decision. the contractor said we should be able to start quarrying soon. keep praying because this is P2 million a month in revenues for many years to come. i'm an aetheist (and a pedophile hehehe) so i will just keep my fingers crossed.
 +  +
3. maldo told me the owner of lot 4128 (mr. garces) is excited about our offer of giving them access to the national road if they give us access to our 4126/4127(38ha). mr. garces is gathering up his siblings and will text me when they are ready to meet with me. their worry was they don't have money for the expenses but i will tell them we will take care of all expenses anyway it's just mutual annotation of our tax decs. the quarry contractor told me they will take care of creating the roads they will just use their bulldozers and pisons to create provisionary dirt roads (let's name the subdivision streets munding street, dida street, herman street and lamberto street. maybe future streets - balili street ....). i don't deserve a street named after me because i'm a pedophile. hehehe.
 +  +
that's all the good news for now. the important thing we need to do is keep in mind we have so many reasons to be happy and ABSOLUTELY ZERO REASON to feel negative emotions as we continue to discuss our options forward. our differences in opinions are actually very insignificant. personally, i don't want to sell mambaling even for P40m but if my dad and the majority wants to sell mambaling even for P28.5m, i need to do my job as administrator and execute the will of the majority without any hard feelings. we just need to respect other people's personalities, priorities, and life situation. we can only give advice but in the end it's their decision and we should not let it ruin our happiness and harmonious relationship. if you can accept our love ones smoking cigarette you should also be able to accept your siblings deciding to sell mambaling for P28.5m so they can have money for their medical needs, business ventures, family vacations, etc ... smoking cigarettes is a thousand times worse than wasting money on precious memories in disneyland.
 +  +
the most important DOT in the COBWEB of decision is "emotional feelings" and is something nobody can control. it's something you are born with. robin williams had all the money, talent, love, fame and was married to tita luz's cousin and they had wonderful kids but he just threw it all away by comitting suicide. was it wrong for robin williams to commit suicide? we don't know because we don't know the most improtant DOT of his decision which is his emotional feelings. maybe he was suffering as if everyday his daughter got run over by a car because of his clinical depression which has no cure. if i was in his situation i would also commit suicide. i hope this convinces you to respect other people's decision even if you think it's wrong. it's easy for us to say same sex marriage is wrong but if you were born gay i don't think you would be saying that. decisions are based on what a person feels and because you don't know what your siblings are feeling, you really don't know what is the best decision for them.
 +  +
it's wrong to dictate our ideals and principles on others, but we should still express our opinions and give advice so i will give my humble advice regarding mambaling.
 +  +
first of all, because of the time value of money, there's really not much difference between P28.5m today and P34 million 5 years from now. P3m today can be priceless or worth billions of precious family memories, dreams of business ventures coming true, or just the feeling and security of having millions in the bank is pricelesss. but if we wait 3 years to get the best offer and 2 years from now you are diagnosed with a terminal illness, even if we sell mambaling for P100 million, it won't matter to you because you are already suffering from the illness. you were deprived of 2 years of extreme happiness so in a way you lost billions.
 +  +
if i own mambaling, i will never sell it before i buy the front lot occupied by the dela cernas. that's because i discovered the dela cernas are just squatters. duterte is extending the amnesty deadline but the tradeoff is the government will be very strict after the deadline has past. the lot in front of us belongs to remedios valles who died without heirs so there is no way for the dela cernas to pay for the estate taxes. when the lot is auctioned, we will have first priority to bid the entire lot because we have a deed of sale on the 94 sqm. if we buy the lot, it will double the value of mambaling overnight.
 +  +
another reason why i don't want to sell mambaling is because if we use it for bespacing, it's actually worth P216m to us in future earnings, using a PE ration of 20 (note the PE ration of S&P500 is 31, so 20 is very conservative). note that bedspacers don't own cars just motorcycles so the current right of way along the squatters is already good enough. the M5 of munoz has 156 units on a 444 sqm lot. if we partition mambaling among 9 heirs, that would be 2,369sqm/9 = 263 sqm each. let's be conservative and say instead of 75 units each heir will just build 50 units. M5 is always full at P6k/month. let's be conservative and say ours will be only half occupied and P4k/ month. that's still P4k X 25 units = P100k/month X 12 months = P1.2m X 9 heirs X 20 years = P216m. actually this is the reason why atty ong and durano is willing to buy our mambaling even if the right of way hasn't been annotated (besides atty gines abellana giving us a guarantee we will win the right of way).
 +  +
my dad agrees with my strategy but because MAMBALING HAS 8 OTHER OWNERS, he chose to respect the needs and desires of other owners. so it's simple - we will vote on it.
 +  +
= 5/20/21 updates =
 +  +
1. mambaling title - there's a buyer named atty ong who is ready to give a full payment of P28.5m net for mambaling (they pay all expenses such as capital gains and broker's commission). unfortunately the sale cannot happen without the original owner's copy of the title because the buyer will need to submit it together with the deed of sale for the transfer of ownerhsip to happen. durano is also expected to give 50% of the P30m net before the end of the month (1 year to pay the other 50%). so we need to decide which offer to accept. but the important thing is tita jane needs to dhl the title to tita georgia. or we would waste money having to re-issue a new title. personally i don't care when or if mambaling get's sold but the majority of heirs are clamouring for the sale to happen especially bebot's eviction will drag on much longer and most heirs badly need the funds. as administrator, i'm just like an employee and it's my responsibility to fullfill the wishes of the majority.
 +  +
2. mysterious tax decs - 9 employees from the assessors came to the compound to do some measurements. they concluded that the auctioned tax dec belongs to tita jane's building and the new tax decs will have to be cancelled. michael cordially apologized and told me they would have been willing to use tito virgilio's previous house as the scapegoat to cancel the auctioned 11262, but they did some digging and found out it was under tito virgilio's name so they could get in trouble if they went with my maneuver. if it was under lolo's name it would have been ok. they also assured us that we would be able to redeem it. arnold's rough estimate is around P200k to redeem it. don't worry about this amount - if the toledo quarry pushes through P200k is just lose change for the estate.
 +  +
3. estate tax - now that the mystery of the mysterious tax decs have been resolved, i instructed atty balili to proceed with the final estate tax computation and include the 2 mysterious tax decs and tito gerry's building tax dec (under lolo's name) in the final computation. atty balili said his BIR contact told him we should have the final figure by wednesday. atty balili also told me mr. lao will pay our estate tax that very same day.
 +  +
4. toledo quarry - the contractor asked for the r-1666 decision and orders to be certified. luckily donnie used to be a bail bond agent so she knows some insider who can get it done quickly for us. her contact asked us to return tomorrow around 2pm. i will give her contact a small token of our appreciation (3k). the contractor also requested a sketch map from tax mapping to make sure they don't end up quarrying outside of our property. i told them i will give them the tie lines from tax mapping and photos i took of the cadastral maps from denr that has official signatures (regional directors). they said that's better. this is also what atty balili asked from me for filing of the evictment of the occupants of our toledo lots. i'm starting to learn that only sketch maps that have a signature from a government official is valid for legal or court purposes.
 +  +
5. toledo evictment of occupants - my assessor contact told me they will need more time to produce the 73 building tax decs because a lot of them are so old and they still need to recompute the assessed value. it's also time consuming for them to dig up each tax dec from the records. he said june 1 is the earliest they can do. i'm starting to smell something fishy but i hope i'm wrong. maybe there are occupants who work in city hall. hehehe. only time will tell. luckily time is on our side and there are always other remedies or solutions.
 +  +
6. pelaez evictment - the permit to demolish pelaez was not approved. the officer in charge, who is an architect does not understand what is administratorship so she is requiring the signature of all the heirs. atty balili is writing the legal department of city hall to explain to the officer. mr. lao will pay the estate taxes after we get the computation from BIR next week but the full payment will only happen after bebot moves out. if we have to go through the normal process of evictment it will take around 3 months. for me that's not a problem but most heirs needs the funds badly.
 +  +
= coaching moment: how to quickly prove ownership of our toledo lots =
 +  +
we now have tax decs for all our toledo lots but they are still declared under other claimants. showing our tax decs and titles is not sufficient. i will be filing an administorship case to remove the other declarants together with the evictment of all 73 occupants.
 +  +
in the meantime, whenever you are faced with a situation where you need to prove to someone like a contractor or claimant that we own our toledo lots, follow the guidelines i'm writing here. this helped convince the assessor to give us the tax decs for 4126, 4127 and 4143. and amazingly, this is also how the assessors are convincing the occupants of our 3816, 3817 and 4130-prt that already built big beautiful houses on our lot to start looking for another place to live because "the crystals" own the land they are living in. i just learned that it's the "talk of the town" in poog right now. my assessor contact told me many of our occupants have been streaming in the assessor's office lately very worried and devastated especially those who built mansion size houses.
 +
when i told the assessor that it was lolo and lola's wish to reserve 3ha of our 4126 near ilag river for all the occupants to relocate, the assessor was very impressed at our generosity and told me i should have a meeting with all the occupants so they will be less worried. i said we will be giving 200sqm per occupant so it will be around 1.5ha plus maybe .5ha for the roads and easements. the assessor (who have been such a big help to us since the beginning) asked if he can also get a 200sqm. i said no problem. hehehe. i apologize for making these minor decisions on my own but if we have to meet for every minor decision it will take 50 years for us to accomplish our objectives. for those who built big houses, we will give them the option to buy the land since anyway we will be developing it into a subdivision (i also changed my mind instead of 1000sqm lots, it will be 200sqm lots and those who want bigger lots can just buy more than 1 lot side by side). for those who can't afford to buy the land, we will refund them for the cost of building their house. i think this is fair since they bought the land in good faith - the seller ocang really did have a title. his only mistake was the court case was still ongoing. what's the point of going to church if we don't try to be fair to fellow human beings?
 +  +
our toledo lots belong to 3 groups:
 +  +
1. titled lots - 3816 (6ha), 3817(.112ha) and lot 4129 (3.5ha). court case t-381. just show the may 24 2007 certificate of finality and the july 29, 2009 court order ordering the ROD to cancel the titles of Ocang and issuing us new titles.
 +  +
2. tax dec only lots - 4126 (32ha), 4127 (6ha) and 4143 (10ha). court case r-1666. just show the april 28, 2014 court order and april 29, 2014 certificate of finality ordering the assessor to annotate on the tax decs that lolo and lola is the declared owner and transfer the tax decs to their name. also show page 38 and 40 of r-1666 decision where it mentions that there is a supreme court resolution declaring lolo and lola as the owners of our lots.
 +  +
3. awarded to lolo for court damages - .4130 (.4ha) and 3820 (.4ha). show the march 21, 1989 certificate of sale.
 +  +
i put all these "golden" court documents in 1 folder. i had 3 copies but gave 1 to atty lilian guanzon of DAR and 1 to atty balili so i just have 1 folder left.
 +  +
here's an example. the quarry contractor found out that our tax decs have other declarants when they did their own due diligence. i immediately asked for an email so i can send them the resolution. their manager only had messenger so i sent them this message and the photos via messenger:
 +  +
--------------
 +  +
sir,
 +  +
mao ni ang mga court documents na nag prove kami gyud ang owner. ipa certify kuni inig monday pero ge send lang nako para ma sugdan na ninyo ug process or pa review ug abogado. naka limot pud ko ug mentiona na 38ha ra amoa sa 4126 ug 4127. ang 27ha na CARP pero klaro na ang subdivision. wala nay question asa ang amoang property. ge apil nako ang photo sa official na subdivision plan. ge shade nako ug lapis ang amo portion.
 +  +
aside sa april 28 2014 court order ug april 29 certficiate of finality, e apil nako ang page 38 ug 40 sa decision na nag mention duna supreme court resolution declaring kami ang tagiya sa 4126 ug 4127. ge underline nako ug lapis ang supreme court statement. ipa certify pud ni nako ang tibuok decision.
 +  +
pwede pud mo mo verify sa barangay captain sa poog ug head sa assessors so toledo. maka confirm sila na kami gyud tagiya sa property. in fact ang barangay captain sa poog mag bayad namo ug P10k a month kay naa gamay na lugar iya gamiton para mag ayag sa mga baas gikan sa atlas. actually ang assessors duna sila certified true copy sa decision ug mga court orders na ako ge message ninyo. mas dali kung inyo lang tanawon didto sa assessors kay usahay dugay ang pa certify sa court documents kay ila pa ukayon.
 +  +
actually mag file nami ug kaso para tangtangon ang mga uban naka declare sa tanan namo properties sa toledo. ni ingon ang amo abogado sigurado gyud mi daog.
 +  +
salamat sir. ingna lang ko unsa pa ang kuwang pero confident ko pwede na ta mag sugod ug quary. wala ni problem sa ownership.
 +  +
= 5/15/21 updates on mysterious tax decs and toledo evictment =
 +  +
turns out jun alicante and magz knows each other from one of their mountain climbing trips. he also knows tito virgilio and spoke highly of lolo munding. jun assured magz that the duplicate tax decs would be resolved. also turns out i already met jun. he went with michael and roger to the compound as i posted in my report but i did not get his name. he looks different in person from the photo magz posted. i'm relieved to know jun is in the same camp as roger and michael. all this time i was having trouble figuring out how to prevent burning bridges with michael and roger because we never know if we might need their help in the future. arnold's suggested resolution is very different from the one michael and roger suggested so there is a danger of offending michael and roger. i've been trying to invite michael and roger for coffee so i can propose arnold's resolution which is to use tito virgilio's demolished house as the scapegoat for cancelling the auctioned tax dec and see if i can give them an incentive to support it. now my job just got easier.
 +  +
the toledo assessors required a tax clearance to get the building tax decs of the 73 occupants. the total computation for the occupant's 73 buildings is around P37k. P7.6k is for the fee for 73 tax decs while P47.7k is the property taxes for the land. atty balili got angry and said he will ombudsman the assessors if they insist on requiring a tax clearance for the building tax decs. i will try my best to convince the assessors but i think it would be wise for us to just get the tax clearance anyway a big majority of it such as the land property tax is something we need to pay anyway. i think burning bridges with the assessors will be much more costly in the future. i will post the computations.
 +  +
= 5/13/21 misc report =
 +  +
turns out the club filipino share #316 has been transferre to someone named solon. i removed it from our wiki. if you want to verify, their office is located in 16 floor of FGU building in ayala, phone# 231-1667.
 +  +
maldo has submitted the requirements for the quarry to the contractor. yesterday the folks in the compound celebrated lola and papa's birthday. we had lechon, shrimps, dinuguan, bami, lumpia and cake. the damage was P16k. we decided on the names for the subdivisions. i wanted it it be desaray phase 1 to phase4 (short for desamparados raymundo). most preferred crystal phase 1-4. we will go with crystal phase 1-4. phase 1 is the 3.9ha 4130-prt/4129 combo along national road. phase 2 is the 6.5ha 3816/3817/3820 combo along national road just across phase 1. phase 3 is the 38ha 4126/4127 where a wide barangay road passess through. and phase 4 is the 10ha 4143 that is also split by a wide barangay road.
 +  +
one of the requirements for evictment is the land status or other claimants for all the lots. this will also determine if we own the entire 2.7ha of 3820 or just .4ha. i will get this tomorrow at toledo DENR (our contact is gloria 0932-654-9483). we will also need the certificate of improvements/occupants for all lots and the building tax decs of all 74 occupants. i will get this tomorrow at toledo assessor. our contact is victor 0926-130-7627. i will also need to get a tax clearance for the evictment lots (3816,3817,3820,4130-prt, 4129). today is a holiday so i will try to invite them for some PR R&R karaoke.
 +  +
regarding the authority to sell hearing, Ang's lawyer failed to submit a comment and the 5 day deadline has already passed. atty balili did submit a comment or manifestation. i will post a photos for everyone to read. the key part is in page 7 where the suprement court emphasized: "..... it is inline with this general power of the special administrator to preserve not only the property of the estate but also it's VALUE, that section 2, rule 81, also empowers such administrator to sell "other property as the court ordered sold".
 +  +
it's not rocket science it's really just common sense. atty Ang's lawer was mostly trying to interpret the law literally, which is stupid because rules, laws and standard procedures are just there to guide us but it's main purpose is to resolve issues. i keep stressing this in my messages since the beginning - when making decisions, avoid being married to proper decorum and orthodox procedures. look at the big picture and do what it takes to accomplish our objectives as long as it does not cause harm to others. this is in page 6 "municipality of nueva era vs. municipality of marcos" - it is a well-establihed rule that laws should be given reasonable interpretation so as not to defeat the very purpose for which they were passed.
 +  +
= 5/12/21 surprising barangay road and P2m a month income =
 +  +
super good news: there is wide baranggay road the cuts across 4143 and through 4126. but ian will still make a deal with the owner of 4128 where we give them access to national road if they give us access to our 4126. maldo found the owner of 4128 in talisay (garces accross talisay church) and he is setting up a meeting. another super good news is ian and maldo is negotiating with a quarry contractor that could earn us P2 million a month. by the time our toledo properties have flattened (maybe 10 years from now), we will subvidivde all properties into subdivision lots and sell piece by piece (1,000 sqm each lot). ian has finished assembling all requirements - sketch plan of 4126 and 4127, certified tax decs, 2 forms of IDs, cedula, administrator oath and order. maldo will come later to get the requirements and give it to the contractor (also named ian, the one who bought the kahoys last year). they will pay us P500 per truck load and the potential is 150 trips a day (P2m/month). the contractor will sell it to a japanese firm in san fernando doing reclamation for P3,000 a truck. i'm thinking maybe after a year we buy 3 trucks and also deliver ourselves and earn P3k per truck but of course still continue the current contractor's contract.
 +  +
by the time we made P300 million from the quarry about 10 years from now, we can sell around 500 lots (8ha for easement, roads, subdivision facilities, etc...) at P3k/sqm (note a subdivision nearby is selling for P4,200/sqm so P3k/sqm is very conservative 10 years from now). this will probably be sold out maybe in another 10 years (20 years from now) for a total of P1.5 billion. this is the future of your kids and grand kids. the only thing we have to watch out for is i've been self educating myself on human psychology and i'm 100% sure our tendency right now is to SUBCONSCIOUSLY make HIGHLY EMOTIONAL decisions that would sabotage this whole plan because it's one of the most common human COMFORT ZONES. drama and chaos is subconsiously stimulating and we all are magentized towards it because all humans are stimulant addicts one form or another. if you are starting to make emotional reactions, resist the urge. do it for your kids and grandkids.
 +  +
sounds too good to be true? i asked around my big contractor/developer golfing buddies they said it's what everyone who owns property in the mountains is doing. but they told me my mistake is revealing it to other people because this will cause the DENR sharks to hover around us. but i like to swim with sharks so let's spread the word. when they learned our properties total 58ha, they told me P2 million a month is so small considering the size of our property. they advised me to get more quarry contractors especially our lots are located in many places. let's take it 1 step at a time. baby steps.
 +  +
ian will hire an expert to apply for subdivision development permit. this way we don't need DENR permit for the quarry because we can just say we are trying to flatten the terrain for the subdivision. we probably just need some sort of a disposal permit.
 +  +
i propose we divide the profits by 10. 9 heirs + management (maldo, me and expert/consultant who secures all the permits and advises us on these things).
 +  +
the 3816 is full of houses, some as big us the ones in beverly hills or maria luisa. i took photos for most of them. i will be printing them as part of the requirements of the evictment process. after discussing with atty balili, i chose to do an interdictal evictment. it will take long maybe a year but it's more sweeping - it will include all occupants including newcomers. this is to counter the typical squatter trick where they let new squatters in that are not part of the original filing to delay the proceedings. as i said we will be subdividing all our toledo properties into subdivision lots so we can give the occupants an option to buy the property they are already occupying. for those who can't afford, then they go to our 3ha 4126. i will try to research maybe there is some sort of socialized housing program where we get development funding from the government.
 +  +
i talked to meo, the lay minister and defacto leader of the dozen occupants of 4130-prt. they told me many of the occupants have not been able to sleep lately because the don't know where to go. when i told them we will be provding a 3ha area in 4126 for the relocatoin of all occupants in our properties because it's was the wish of my lolo and lola, they all felt relieved and happy.
 +  +
i stopped by engr. norvic on the way home. i requested sketch plans for 3816, 3817, 3820, 4130-prt and 4129 for evictment filing (P5k each so total of P25k). i also paid him additional P110k for the survey of 4130-prt and 4129. 4129 (P3ha) is perfect for quarry because it has a steep hill that we need to flatten anyway to make it ideal for subdivision lots.
 +  +
engr norvic told me we own the entire 2.7ha of 3820 because it's what it says in the boundaries of our tax dec. he told me .4ha is just for taxation purposes. however, i saw the certificate of sale for 3820 and 4130-prt and it clearly says .4ha. i will show the this certificate to engr. norvic later.
 +  +
from engr. norvic i went straight to city hall. i got the certfied tax decs of tita doris, tita jane and papa's lot which is a requirement for the certificate of improvement. i then requested for the certificate of improvements and i will be getting it later 3pm. atty balili will use this to write a letter to the assessor to cancel the 2 mysterious tax decs and certify our current building tax decs as the correct improvement. i also request arnold of treasury to setup a lunch with jun alicante. if jun alicante cannot cancel it, we will try atty balili's suggestion. note i'm trying to get the mysterious tax decs cancelled so they won't be included in the final estate tax computation and it will lower our estate tax. however if by the last week of may the mysterious tax decs has not yet been cancelled, i will just have it included to make sure we meet the amnesty deadline.
 +  +
mr. lao will pay our estate tax even if the authority to sell has not yet been approved. however he will only give us the rest of the full payment when the authority to sell is approved. also note the deadline for Ang's lawyer to submit a comment was monday and they did not submit anything. so it's looking good in our favor.
 +  +
after city hall i will accompany tito boy to BIR to submit the TINs/applications of all his siblings. then meet maldo at the south terminal to give him the requirements for the quarry. tomorrow i will go to club filipino in danao to pick up the certified true copy of lolo's shares and the certified book value.
 +  +
= 5/10/21 amendment to toledo game plan =
 +  +
i analyzed the cadastral map and google satellite map and it looks like there is a 4 meter wide and 200 meter long road from the national road to our 10ha 4143. i will verify this tomorrow if it's public or private. if this is public, this could increase our estimate of 4143 from 200/sqm to 500/sqm for a total of P50m. if it's private maybe we could cut a deal with the owner. i think this was maneuvered by the landgrabbers of our 4143 so in a way they did us a favor.
 +  +
only 1 lot (4128) separates our 38ha 4126/4127 combo from our 4129/4130-prt combo and it's only 150 meters. we should try to make a deal with the owner to buy a portion of their property, maybe 10 meters wide on the left side of their property. if it increases the value to 500/sqm, that would total a whopping P190m (up from P70m). that's P120m difference. that means we should not hesitate to spend P5m for the 150X10 right of way. the good news is it's a simpler process because it would only require an annotation of the title because we won't be splitting their property accross the middle. unlike the mambaling situation where our right of way cuts through the middle therefore the property owned by the late remedios valles needs to be broken up into 2 titles and our right of way has to be annotated on the 2 titles.
 +  +
or we could make a deal. we could give the owner of 4128 a 10 meter wide access to the national road if they give us a 10 meter wide access to our 4126. so there's a big chance we might not even have to spend anything, just for the annotations such as capital gains tax and doc stamp.
 +  +
before we try to sell 4143 and 4126/4127, we should exhaust all options to secure a right of way. if mambaling or guba is sold, each heir should set asside around P1m each for these efforts in case there are any big expenses. this new development has increased the potential of toledo to P50m (4143) + P190m (4126/4127) + P138m (3816/3817/3820) + P78m (4130-prt/4129) = P456m. that's P50m per heir.
 +  +
= 5/8/21 toledo game plan =
 +  +
good news. the potential for toledo is P312m (P34.6m/line of heir). after analyzing the tax decs, i found out our .4ha 4130-prt is the frontage of our 3.5ha 4129 along the national road. that will increase the value of 4129 exponentially if we sell it together with 4130-prt. the tax dec says 4130-prt is bounded on the east by our 4129 and on the west by the national road. how do i know these boundaries are our .4ha and not the entire 2ha of 4130? because the tax dec says it's bounded on the south and north by prt. lot 4130. that means these boundaries are our portion and not the whole 4130 (a lot cannot be bounded by itself). that means it joins to our 3.5ha lot 4129 (titled) for a total of 3.9ha. in lamudi, lots in poog toledo along the national road are being sold for P2,000/sqm (the lots in green brooke subdivision just 200 meters from our properties are selling for P4,200/sqm). the size and location of our 4129/4130-prt combo is perfect for subdivision development. if we can sell it for P2k/sqm, that would be P78m. note the frontage for this is 50 meters (because the distance from national road to 4129 is around 80m so 4,000sqm/80 = 50 meters). imagine if the developer uses our 4130-prt as the entrance to the subdivision, considering the street will be 6 meters wide, they can still put around 48 lots just along the entrance (4130-prt) or 24 lots on each side. note the subdivision lot i won in the golf tournament (glen rose subdivision, car car) is only 72sqm and someone wants to buy it for P600k (P8.3k/sqm). 4000sqm - 500sqm (road) = 3,500sqm / 72 = 48 lots just on the entrance. crazy !!!
 +  +
the good news is there's only 1 squatter and 1 caretaker (meo). meo is well off he has kids working abroad. meo told us if we will give him money for his expenses on building his house he would really appreciate it. i think we should because while fencing/selling this 3.9ha, we could live in it. it's a nice small house you can look at it in google street view. we should act on this immediately.
 +  +
the good news is i have the tie lines to all our toledo properties and i figured out how to read tie lines. all i need is a compass and that roller geodetics use to measure distance. i can locate the mojons, plant a flag and take drone photos from above. then we have it fenced. (if we have it surveyed it will cost P55k and we would still need to locate the mojons anyway). 4129 already has a clean title so after it's fenced i can already tout this to tito joe soberano of landmasters (my mom's first degree cousin).
 +  +
as i discussed recently, our 6.9ha just across the street (3816/3817,3820 combo) is also perfect for subdivision development. by the way the national road frontage for 3816 is actually 210 meters and the the frontage for 3817 is 140 meters. the certificate of no improvement shows exactly 64 buildings/occupants. atty balili told me it's not that bad although i haven't told him ALL those occupants have tax decs to their structures. note that there are some subdivisions that are located on both sides of the road which means the developor might also want to include this 6.9ha but for a lower price if they will be the ones to get rid of the 64 occupants. if we get rid of the 64 occupants ourselves, this can fetch for P138m. i wouldn't mind spending P3m to get rid of the squatters because if the price is lowered from P2k/sqm to P1.5k/sqm because of the squatters, that would be a whopping P32m difference.
 +  +
so the lots we will be selling for P200/sqm would just be 4126 (32ha), 4127 (6ha) and 4143 (10ha) = 48ha (P200) = P96m.
 +  +
in summary, we will be selling toledo in 3 parts: 1) 4130-prt/4129 combo = P78m 2) 3816/3817/3820 combo = 138m 3) 4126/4127/4143 = P96m. total potential is P312m or P34.6m per line of heir.
 +  +
so here is our game plan:
 +  +
1) this monday i will have the mysterious 2.2ha surveyed by engr norvic so that DENR can assign a lot number (this is where i plan to relocate the occupants of our lots). it will cost P35k. i will also have our 4130-prt surveyed so we are sure it actually connects to 4129. this will cost P25k. i will also have our 2 lots of 3820 surveyed so we will know if they really are 2 separate lots and if they connect to our 3816. the reason why i have no idea if our 2 3820 lots connects to 3816 or not is because the boundaries are the boundaries of the entire 3ha (we only own .8ha). the survey for these 2 lots will probably cost around P50k. the total will be around P110k.
 +  +
2) on tuesday i will accompany the appraiser to toledo. i will try to have the 4130-prt/4129 combo under 1 appraisal and also the 3816/3817/3820 under 1 appraisal and with the assumption there are no squatters. i will also talk to meo and negotiate how much we will pay him. i will also negotiate with the other occupant in 4129.
 +  +
3) once the occupants of our 4130-prt/4129 combo is out, i will locate the mojons, plant the flags, and take some drone photos. then i will make the brochure
 +  +
4) tout 4130-prt/4129 combo to tito joe soberano. also go to all brokerage and developers and give them a brochure.
 +  +
by the way tita jane it's better if you DHL the owner's copy of the titles of toledo (and mambaling) as soon as possible because we might not have enough time if the pandemic causes an economic collapse and crash in the real estate market. if you can't find it, i can have another one re-issued by ROD in just 1 day but we will need to pay P50k for each title.
 +  +
= 5/7/21 toledo jackpot =
 +  +
maldo got the cadastral maps for all our toledo properties (except 2.2ha across ilag river because there is no lot number. engr norvic will survey this so denr can assign a lot number). turns out the 6ha 3816 is not only split by a barangay road it also has a whopping 150 meter frontage on the national road. the caveat with the national road frontage for 3816 is it's only around 10 meters wide inward. however, IF it connects to our .4ha 3820, there would be an additional 30 meters. and if tax dec 623 is really another lot in 3820 (also .4ha), there is another 30 meters so around 70 meters inward. but 3820 is around 4ha and we don't know where our 1ha i located. hopefully it's adjacent to 3816 so we get a wider frontage.
 +  +
3817 (1,200sqm) is also along the national road also around 100 meter long and around 10 meters inward. it does connect to 3816, but the connection is like connecting 2 sharp edges of a triangle. weird !!! across our thin 3817 is 4130-prt (also along national road) which is .4ha so around 63m X 63m. that means we have around 7.3ha along the national road.
 +  +
i will refrain from posting the maps because we might be tempted to sell it if someone offers us P1000/sqm or P73m. based on the comparables i saw in lamudi, maybe this will only sell for P500/sqm but maybe it could also sell for P2000/sqm (P146m) because there is already a subdivision nearby. note that the 52ha lots (around 500 meters from the national road) would probably sell for P200/sqm or P104m. that means our 7.3ha is more valuable than our 52ha.
 +  +
patience is the key. first we get rid of all the squatters, fence it, create a nice brochure and drop the brochures at all brokerage firms and developers. then after a year, we sell it to the highest bidder. SIMPLE !!! i will show it to my uncle joe soberano of landmasters but only after we got rid of all the squatters so i don't waste his time.
 +  +
the cadastral map is not so accurate so i went to tax mapping to give them the tie lines (that maldo got from the assessors) to all the lots, hoping to get a satellite map of our lots. turns out they needed to enter hundreds of coordinates first and it was already 3pm so i told them i will just enter all the coordinates myself in a notepad because it can take a day. then i will email it to them so they can just copy paste and maldo can LBC the maps to me. when i told the folks at tax mapping i needed the maps because our family have no idea where it is located, they laughed. they told me this is the first time an owner went to them for help because the owner does not know where his/her property is located. we are like bill gates - too rich to keep track of all our properties. character gyud ni ato pamilya. they were more flabergasted because 3816 was 6ha and along the national road. when the satellite image came up the technician shouted, "DA !!! WALA MAN NINYO TAGDA TANAWA DAGHAN NA KAAYO ANG NAG PUYO PWERTE RABANG DAKUA SA MGA BALAY !!!". when i looked, HOLY COW !!!our 3816 was like gemsville subdivision - big houses complete with fences and water tanks. hahahahahah !!! i remember tita doris warning me someone is trying to build a concrete house on our 3816. i asked her if she is sure it's on our 3816. she said no. that's one of the reasons why i'm in a hurry to know where it's located. and now it turns out it's already full of big concrete houses. that means bebot was just a warm up drill. the morale of the story is - less emtions, less talk and more action.
 +  +
if we claim the 2.2ha across ilag river which is a mining area, we can put all the squatters there. but if there are mining tunnels underneath it could collapse and we could be responsible for thousands of deaths. i advised maldo not to relocate to the 2.2ha. we will cross the bridge when we get there. for now there are still so many things to do. i just got the list of requirements for titling from CENRO. i almost felt like quitting as the administrator when i saw the list. the list from CENRO is just the subset. duterte closed the filing of free patents (the deadline was december 2020), so we can only do judicial titling which is a longer process and cost more. let's pray congress will approve the extension.
 +  +
= 5/6/21 various updates and mysterious tax dec saga continues =
 +  +
1) various updates
 +  +
tomorrow i will go to toledo to have toledo lots appraised then go to aloguinsan for overnight. on monday i will go to danao club filipino to get a certified true copy of lolo's 2 shares and certification of book value because it's required by the BIR to be included in the estate taxes.
 +  +
in case anyone is wondering, our original agreement of using my joint "AND" checking account with tita jane to deposit the proceeds of a property sale still holds if tita jane is in cebu. AND account means any of us can deposit but the 2 of us has to sign any withdrawl or writing of a check. the good news is the pandemic is almost over and tita jane has been vaccinated so hopefully she can come to cebu when another property is sold. if tita jane is not in cebu i will just deposit it to my checking account. don't worry i will need to submit an accounting/inventory to the court and i immediately go to jail if i do any malfeasance. the ideal scenario is for me and tita georgia to open an AND account but tita georgia backed out because she is the wife of an elected official and any big transaction will immediately red flag. tito jojo's political opponents might use it against tito jojo so it's best to just avoid being victimized by dirty politics. in the last administrator's meeting, atty balili suggested i take the place of tita doris because the titling of toledo and the removal of all the encumbrances in all the remaining properties will require even more tough dealings and maneuverings with government agencies, especially now that the filing of free patents have expired so our only option is judicial titling. therefore it will be me and tita georgia who will be regular administrtaors.
 +  +
i visited pagina to guide them on what to do with the forms the BIR gave them. the remaining requirement before they can get a computation and start signing/notarizing their extrajudicial is to give the BIR the TINs of lola ica, lolo sergio and all their children. the BIR also provided TIN application forms for those without TINs.
 +  +
2) mysterious tax decs saga continues
 +  +
i went to mariquita in SM and showed her the receipts of the property tax compromise/payments of all the back taxes of the estate that papa paid back in 2013. she examined the receipts and computations carefully and told me she still don't know why tax dec 11262 (auctioned building in lot 5) was missed. she look worried. then i told her that tax mapping told me to find any 2 storey building in the compound without a tax dec because that's where they will assign the auctioned tax dec. i told her i already verified that all 2 storey buildings in the compound have their own tax decs (including tita doris's and tita angie's). i told her that tito virgilio's property was already sold by 2013 then it was demolished to make way for the new building. i suggested we make it the scapegoat. we will show the assessors our good faith that papa paid all the back taxes in 2013 and we intentionally left out 11262 because it wasn't ours anymore and it was being demolished. mariquita told me it's a very good idea and it should solve our problem. even if she is not in good terms with the assessors in city hall, she told me to talk to jun alicante who can help me especially we now have a strong case to have the tax dec cancelled.
 +  +
i also suggested that after the auctioned tax dec is cancelled, we will give it time, maybe 2 years before we report tito bertie's duplicate tax dec 11263 (and tito gerry's duplicate tax dec 11538 although i never mentioned this to them). by that time we don't care which ones they cancel because no property is auctioned anymore and the computation for 11263 and 11538 is only P21k. if they see tito gerry's 11538 tax dec now i'm sure they will cancel the new tax decs so we will need to pray the treasurer will grant us the request to redeem tita jane's building. i also asked mariquita if we show we were acting on good faith by paying all the back taxes in 2013 but left out tax dec 11262 because it was being demolished, will the treasurer grant us the redemption? mariquita said yes it will surely convince the treasurer to grant us the redemption but we will have to pay around P200k to redeem it.
 +  +
for educatoinal purposes, i asked what happens if a building has no tax dec and we never report it? she said - no record no problem. i then asked what happens if we totally ignore this problem? i told her, since all the houses in our comppound already have a tax dec that is not delinquent, when the tax dec 11262 is auctioned, the person who won the auction will go to our compound and try to claim the main house (since the certificate of improvement of the main house shows that tax dec 11262 and 11263 are building structures of the main house lot). i asked will the main house be in danger even if we already have a tax dec (11534 which is more valid because the land tax dec is 11533)? she said the main house will be safe, however the person who won the auction will sue us and although we will surely win, we still need to pay a laywer and attend court hearings so it's better to not ignore it and make sure 11262 is cancelled.
 +  +
i then went to atty balili for a 2nd opinion. atty balili said my plan is good and there is a good chance it will work. however, jun alicante just recently got suspended so he might not have the power to help us. it will also involve some under the table maneuvering. if we prefer a more legit way, he suggested we get a certificate of improvement for all the titled lots in the compound. then he will request the head of assessors, wenceslao who is also his friend to assign the new tax decs and cancel the old ones. note that tito gerry's new tax dec is already what's in the certificate of improvement, but tito bertie's says there is no improvement so atty balili will request wenceslao to put the new tax dec. it will be interesting to see what's in the certfiicate of improvement for lot 2 (papa's and tita angie), tita doris's, tita jane's and munoz's m5. but i'm afraid this will cause them to create tax decs for the 1 storey structures that don't have tax decs such as the old kitchen so i will first try jun alicante.
 +  +
i also asked atty balili what is the consequence of a house not having a building tax dec? he says the only consequence is that when we sell the house, we will need to apply for late registration and pay the back taxes which is not much because we can declare it was just recently built. i then asked what is the consequence if we totally ignore the problem of the auctioned tax dec (11262)? he said probably nothing because people never bid on auctioned buildings that don't come with the land and all the houses in the compound already have their own tax decs. i then asked if someone does buy our auctioned tax dec (11262) will we be embroiled in a law suit? he said yes. i then asked if we can exclude 11262 and 11263 from the estate taxes to lower our estate taxes he said yes but percentage wise, it won't have a significant effect. i then asked if we can exclude the pelaez building from the estate tax? he said yes now that the demolition permit has been approved. atty balili then told me to just chill and relax because now we really have nothing to worry about. his girlfriend gave me shiopao and drinks.
 +
= 5/6/21 mysterious tax decs, hearing comments, and health pep talk =
= 5/6/21 mysterious tax decs, hearing comments, and health pep talk =
the hearing yesterday was mostly atty ang's lawyer (atty gica) demanding P43 million. atty balili told me it's just standard negotiating tactic and not to worry about it. the crisis i had to put out yesterday was some heirs getting upset that they were not included in the email list from court. to prevent unecessary stress, which is hazardous to our health, my advise is we should not expect government agency employees to be thorough in their job because unlike private businesses or elected officials they really have no accountability for their human errors such as typos and missing some items when typing the email list of 21 heirs. i also posted in our chat group a screen shot of their request for emails and i myself was wondering why many heirs were excluded. we have to realize they have no incentive to be throrough and do some cross checks to make sure they don't miss anything. besides the CONSEQUENCE of their mistake is just PURELY SYMBOLIC and all we have to do is go to atty balili's office to attend the hearing. tita doris even just went to john paul's house who attended the hearing online.
the hearing yesterday was mostly atty ang's lawyer (atty gica) demanding P43 million. atty balili told me it's just standard negotiating tactic and not to worry about it. the crisis i had to put out yesterday was some heirs getting upset that they were not included in the email list from court. to prevent unecessary stress, which is hazardous to our health, my advise is we should not expect government agency employees to be thorough in their job because unlike private businesses or elected officials they really have no accountability for their human errors such as typos and missing some items when typing the email list of 21 heirs. i also posted in our chat group a screen shot of their request for emails and i myself was wondering why many heirs were excluded. we have to realize they have no incentive to be throrough and do some cross checks to make sure they don't miss anything. besides the CONSEQUENCE of their mistake is just PURELY SYMBOLIC and all we have to do is go to atty balili's office to attend the hearing. tita doris even just went to john paul's house who attended the hearing online.
-
it should be me who should be upset at government's lack of accountability because i'm the one daily subjected to high stress and even danger. it took me a week to get the estate tax documents even if it should just take 30 minutes if only i had the phone number of our assessor or even the BIR office. they gave me a phone number but nobody answers when i call. i had to go back and forth to talisay numerous times and because of the traffic, i had to ride a motorcycle which is very dangerous. i had to take the risk of riding the motorcycle because we are running out of time the amnesty deadline is near. then when i finally got the thich stack of documents it was disorganized so i had to organize it and created a table of contents so it will be much easier and quicker for our next assessor to make the final computation of our estate taxes. i posted the table of contents on our wiki (i also made copies for everything so my printer ran out of ink and i charged the new ink cartridge i bought to the estate. hehehe). to avoid stress which is hazardous to our health, i just accept government's imperfectionss as a reality of life and continue to do my best to accomplish our objectives.
+
it should be me who should be upset at government's lack of accountability because i'm the one daily subjected to high stress and even danger. it took me a week to get the estate tax documents even if it should just take 30 minutes if only i had the phone number of our assessor or even the BIR office. they gave me a phone number but nobody answers when i call. i had to go back and forth to talisay numerous times and because of the traffic, i had to ride a motorcycle which is very dangerous. i had to take the risk of riding the motorcycle because we are running out of time the amnesty deadline is near. then when i finally got the thich stack of documents it was disorganized so i had to organize it and created a table of contents so it will be much easier and quicker for our next assessor to make the final computation of our estate taxes. i posted the table of contents on our wiki (i also made copies for everything so my printer ran out of ink and i charged the new ink cartridge i bought to the estate. hehehe)- [[Estate Tax Requirements List|click here to view the detailed list of estate tax requirements]]. to avoid stress which is hazardous to our health, i just accept government's imperfectionss as a reality of life and continue to do my best to accomplish our objectives.
by the way i finished the extrajudicial and completed the requirements for tito sergio and lola ica's estate and i accompanied tito boy to the BIR yesterday. they gave him a form to complete so today i will accompany him again to submit it.
by the way i finished the extrajudicial and completed the requirements for tito sergio and lola ica's estate and i accompanied tito boy to the BIR yesterday. they gave him a form to complete so today i will accompany him again to submit it.
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.
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.