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12/2/20 status update

just gave P100k to atty abellana so he can publish the hearing tomorrow and in 3 weeks we can have the title annotated for mambaling ROW.

11/27/20 status update

here's a complete report of my activities for the day:

i visited atty cugtas the head of ROD to get advice on the probability of being denied the ROW petition. i first briefed him on the existing ROW through the squatter's area. he affirmed my assumptions that it's usually easy to remove the encroachment of the squatters by paying them off, usually P20k each house (so it will be 4m wide and trucks could pass). atty cugtas also affirmed my concern that the existence of our ROW through the squatters could cause us to be denied the petition of ROW through the nice neighborhood (cashmere st) because we are the subservient and the court is suppose to only grant us our minimum need. he also said that the certified notarial entry is not sufficient proof that we paid the deed of sale. if we had the original notarized copy of the deed of sale, then 100% we would be granted the petition. i asked what he thinks our probability of winning the case. he said it would depend on how the mind of the judge works and only a lawyer who knows the judge can give a probability estimate. he also confirmed my concern that if we lose the ROW case, it will lower the value of the property by a lot. he said we would be lucky if someone would be willing to pay P10 million for it. he adviced that to be on the safe side, just accept the current P25 million offer.

i then asked if it's possible to just buy the ROW again, anyway it's just 94sqm. show the dela cernas (owner of the ROW to cashmere) the 2018 appraisal report of our property, which is only P8.8k/sqm or P833k for the 94sqm. since it was 2 years ago, maybe adjust it to P1m. then scare the dela cernas by showing them the certified notary entry and the petition that's already been filed. tell them if they don't accept the P1m, we could easily win the case and they could end up with nothing. scare them that we have very high chance of winning the case because of the certified notary entry, not to mention the easement law. tell them that the only reason why we are offering P1m is because there's already a buyer who requires the ROW and we need to pay our estate taxes before the amnesty expires on june 2021, and our only problem is it will probably take a year to schedule the hearing because the courts are prioritizing the cases of inmates because they might die of covid even if they are not guilty. tell them that we can easily take a loan to pay for the estate tax, but we don't want to pay for interest. tell them that if they don't accept our P1m offer, then we have no choice but to take a loan, and if we win the case, they could end up with nothing. also tell them that they are not in the position to over charge us or else we will just take a loan and pay for the interest.

atty cugtas told me it's a brilliant idea. i then asked if the dela cernas accept the P1m, how long before the title will be annotated. he said usually 1 month, but because we are friends, he can do it for me within a week.

i decided to go to atty abellana first and ask for his probabilty estimate on winning the case. i briefed atty abellana everything i told atty cugtas. first nangumusta siya sa ako papa, because turns out they are friends. then he said, "andam lang ug P100k para sa judge siguardo mo daog". i was so happy. i then asked if we can schedule the hearing as soon as possible. he said we need to first publish the hearing for 3 weeks, so he will ask the court to publish it next week and after 3 weeks there will be a hearing. i then asked how much we will pay him, he said kita na ang bahala.

note that after the judge orders it annotated, atty cugtas said he can annotate it in less than a week. that means by beginning of january the ROW should already be annotated and tito jojo's buyer will give us the P34m. if they back out then we immediately go with joy deleon's buyer (who turns out to be ML durano) who is offering P25m.

we should not rest on our laurels, so i went to engr norvic to find out the status of the task i hired him to get the documents from the city assessor that would verify the ROW through the squatters is actually 4m wide. then my plan was to already start negotiating with the encroaching squatters how much they will be willing to be paid. i also wanted to talk to norvic about surveying our toledo properties and if he owns a drone so we can plant tall flags on the mohons and just fly a drone to take bird's eye view photos so we can just print it and connect the flags with lines so we can show the buyers where and how our property looks like. but norvic was out of town on a survey project. but when he gets back this would be the agenda of our meeting.

i then went to bunagan's office to get the sketch plan for our mactan lot. they did have it, but they told me before i pay P3k for copies of the sketch plan, to make sure it's what our buyer wants because it hasn't been subdivided into 1,655sqm and 789sqm. turns out the surveyor is the nephew of our high school principal. i messaged jay manalili (the broker of the mactan buyer) and i'm still waiting for his reply.

i also stopped by atty atup's office to give the hardcopy of the court docs that a previous buyer of toledo gave me. turns out it was still insufficient, so we really need to wait for the court of toledo to find the complete court docs (the court clerk told me to follow up next week). i also told atty atup about what papa told me that he had the DENR categorize our entire toledo properties as industrial zone. atty atup said that whatever category (e.g. RR for residential, etc ...) shows up in tax dec is what DAR has to follow. they will take a look once they get all the tax decs. if the tax dec shows agricultaral, that means we did not follow up to have the tax dec changed.

i also gave atty mark a manager's check for P200k as an advance on the P435k total we need to pay him. attached is the photo of the manager's check.

11/26/20 status report

we have a big decision to make. joy de leon (the agent who looked at the toledo properties yesterday) says her buyer wants to buy mambaling for P25 million net (limpyo). they will give 60% down right away, which is P15 million, enough to pay for estate taxes and Ang. allow me to lay out the pros and cons to help you decide. please don't be stressed out with this decision, it's a very normal part of property management and investing. don't forget the total value of the properties using very conservative estimates is P175 million after paying Ang and estate taxes, or P19 million per heir. the P5 million difference from our original price of mambaling is only P555k per heir which is small compared to the P19 million worth of wealth you will soon be inheriting:

pros for selling at P25 million: - we are not 100% sure that tito jojo's buyer will actually push through buying mambaling once the right of way (ROW) has been annotated on the title. - we are not sure if Ang will stay true to his word that we only need to pay P3 million. keep in mind legally Ang can charge P12 million if he wants to by including interest charges of the mortgage. if Ang charges more than we can afford, we will have to sue in court. although according to atty tan we would have a very high chance of winning, it could take years. this means, it's possible mambaling and the 7ha of toledo would be the only properties we can sell before the estate tax amnesty expires. - we are not 100% sure the court will grant us the ROW to cashmere st even with the valid deed of sale. that's because there is already a ROW to avocado st granted to us and annotated on the title which is 4 meters wide, but is now only 2 meters wide because of encroachment by the squatters. we will need to pay off the squatters to demolish the encroachments. the reason why we neglected this encroachment issue is because some of the buyers told us even if the ROW to avocado becomes 4 meters wide (which is wide enough for big trucks to pass), they don't like it because they have to be passing through the squatter area. they really want the ROW to cashmere st. this means if the judge rejects the petition, then most likely mambaling can only sell for P20 million. by selling at P25 million we are transferring the risk to the buyer. - i just sold my vegas house for $140k even if it was appraised at $215k. for 2 years there were no buyers so every 6 months i just kept lowering it by $20k. that means appraisal values don't really mean anything. most brokers usually laugh when i give them the appraisal report because they said appraisals are really meaningless. the value is really what the buyers are willing to pay, which could be more but usually much less. - we agreed to not be too strict on the price for the first property. after we pay the estate tax and Ang and already have enough distribution to alleviate the economic hardships of the heirs, time is now on our side and we can afford to wait for a buyer who would buy at the appraised price. note that if Ang only asks for P4 million, then each heir would soon be receiving around P1.3 million distribution after paying Ang (P4m), estate taxes (P6.5m), atty mark (P430k), and me (P1.7m). - for the past 2 years since 2018, gikom was aggressively trying to sell mambaling for only P21 million. he showed the property to his many contacts who are brokers but they all thought P21 million was to expensive and backed out, even if they assumed the ROW to cashmere was already official. that means P25 million is actually a good price.

cons for selling at P25 million: - the estate tax amnesty deadline is june 2021. which means we can actually afford to wait until march to know the final verdict of the ROW petition (to cashmere). if tito jojo's and joy de leon's buyer backs out, i can pay the estate taxes but everyone will have to do a deed of sale of mambaling or pelaez to me and tita jane so i can be assured i get paid. if not everyone agrees with the deed of sale to me and tita jane, we can get a P7 million loan (P6.5m estate tax and P430k to atty mark) where we collateral mambaling. we will have to pay interest but there's a good chance mambaling will soon be sold especially if we already know the final verdict of the ROW to cashmere. if the court grants the ROW we sell it for P30m and if not, we just sell it for P20 million so we can quickly sell it and not get burned by the interest. the advantage with the deed of sale to me and tita jane is that i never charge interest. that's my gift to the family so you can sleep comfortably even if selling mambaling will take time. - Ang is aware we can counter sue so we don't have to pay him anything because of the error their lawyer made where they did not submit to the court a requirement before the deadline. so there is a chance Ang will only ask for P3 or P4 million. which means guba, pelaez and mactan would now be in play which means we don't have to be desperate with mambaling. - maybe we can first try to remove the squatter encroachments on the current 4 meter wide ROW. maybe a buyer will come along who won't mind the squatters and will be willing to pay higher. - we should wait for Ang's final compromise deal before we decide. if Ang's payment is too high for us, then maybe we should consider accepting the P25 million for mambaling because it may be years before we can sell pelaez, guba and mactan. - by the way we also have no idea when the hearing will be scheduled. atty abellana said it can take between 2 months to 1 year.

11/25/20 status report

the buyer of the mactan lot requested a vicinity map with technical description, the tax certified tax dec and the tax clearance. the buyer also wants to personally talk to salvador ang to make sure that we only need to pay P3+m because only document we have is that salvador ang was asking for P6m (in the summons folder that he gave us).

the person in charge in lapu lapu city hall said it's impossible to get the vicinity map unless we get the lot plan from the original surveyor because the property has already been subdivided. he advised to try the surveyor named bunagan who's office is in v gullas st (at the back of USP) across angel's burger. i will go tomorrow to inquire. i was able to get the certified tax dec, which clearly confirms our lot is only 1,655sqm as you can see in the photo. i wasn't able to get the tax clearance because we haven't paid since 1993. the balance is P146K. we will pay this after the buyer gives the downpayment.

my next mission was to find salvador ang. i expected it to be difficult because i remember tita georgia told me none of us ever met Ang. we can only communicate with him through his lawyer. atty tan also told me recently he will try to contact salvador ang's previous lawyer maybe he will know how to contact salvador ang. i remember tita jane told me that she was disappointed at atty tan for giving inconsistent amount regarding how much we need to pay Ang. i told tita jane and tito virgilio why not just ask Ang directly? i remember tito virgilio telling me the things he would tell Ang if only he could talk to Ang face to face, as if talking directly to Ang is something we can only dream about. but today i told tita doris i will be very busy the rest of the week trying to look for Ang. maybe i will hire a private investigor. tita doris was shocked and told me to just go to the styropor office in mandaue because Ang is always there. so i went there and turns out Ang was there. because of the pandemic i only got to talk to him via the phone. he said he still needs to study the documents because he already forgot about everything. his secretary got my number and she said they will call me once they know the exact amount. i did remind them that their last request was P3m.

Ang knows we really don't have to pay him anything, but we will have to sue in court to cancel our debt to him or the lis pendens on the properties which will take long that's why we are choosing to just pay him. Ang's lawyer made a mistake they didn't submit a required document to court before the deadline. that's why Ang cannot just charge us what he wants because if it's too big for us we might decide to just sue in court to cancel the lis pendens.

11/24/20 status report

here's the report for my trip to toledo:

the office of the court clerk gave me a contact info and told me to call them a week from now to follow up if they found the court documents for case T-215 and T-318. i offered P5k to the person i was talking to if she can get it for me that same day but she said it will still take a few days for her to find no matter how hard she tried. she also said i will need to be present to figure out which pages to xerox because case documents are usually very thick.

with regards to case r-166, atty atup said they already have what they need in the folder of the court documents we gave him.

i remember the buyer that i met with last january 26 gave me some court documents that he collected regarding our properties. i assumed the documents he gave me were already in the folder of court documents we gave to atty atup. but turns out it did not include the "certificate of finality" of t-318. there were also some lines in the r-166 documents that mentioned t-215. i will email these documents to atty atup just in case it will help them proceed working on our case before the documents from toledo arrives which is at least 1 week from now.

i also met with tita georgia, tita doris and maldo on our 4130 lot (.4ha) along the main highway. turns out it was the only property that was along the main highway. but 3816 (6.1ha) and 4128 (.4ha) is along a baranggay road and around half a kilometer from the main road, so it should still easily fetch for P500/sqm (P32 million). the rest of the properties have no roads just foot paths: 4129 (3.5ha) is around 200 meters from the main highway. 4143 (9.8ha) and 4126 (32ha) is around 800 meters from main highway (4127 (6ha) is inside 4126).

note that our .4ha (lot 4130) along the main highway is also included in the first extrajudicial and estate taxes so after we pay the estate taxes we will have a clean title for this. we should try to sell it for P3k/sqm which totals P12 million.

tita doris told me a while back that water is very scarce around the area and only our lot 3816 property has a tubod or spring. turns out the area is abundant with ground water, not just on our property. i pretended to be a prospector for manila water. the locals told me there is ground water all over the area. you can dig anywhere and always hit ground water. i checked some houses down the hill did have water tanks and a pump which can only mean it's connected to the ground water.

note that i'm not 100% sure the tubod on the photo is the one located on our property. maldo did not accompany me because he said he will be killed if he goes there. maldo said our property is around the dead end of the road, which is 1 km from the main highway. but tita doris also said our property is the one with the tubod, which is only 1/2 km from the main higway. note that 6ha is only around 247 meters X 247 meters.

also to give you an idea on the circumference of our properties in case we plan to fence it, if the 10ha is a square, one side would be around 316 meters. when fencing the 4126 and 4127, the total area is 36ha so if it was a square, one side would be around 616 meters. which mean we will need to spend on (247 x 4) + (316 x 4) + (616 x 4) = 4,716 meters of fence. maybe a simple bamboo posts and a single barbwire will do. or we can just have it surveyed by norvic abella and then hire people to put tall flags on the mohons then fly a drone above to take pictures then we can print it and just connect the flags with a line to show the buyers the birds eye view of our property. we will probably need to pay the baranggay tanods to accompany norvic to ensure their safety.

11/23/20 status report

as it turns out the mactan lot is just 1,655 sqm as shown in the list of holdings the BIR used to compute. the title also says we only have 1,655. that means we will be getting only P13.2m, which is still good enough to pay for the estate tax, salvador ang, and me. i measured it and its around 65 steps by 27 steps and my 1 step is around 1 meter so my measurement was around 1,700 sqm. the 789 sqm is owned by booc and hipolito (who happens to be the biological grandmother of agnes my adopted sister). we went to their house and actually they said agnes lived with them on off for years but keeps quarrelling with them. they said they are also willing to sell at 8k/sqm so we don't need to partition the title. the buyer requested the lot plan which i will get from lapu lapu city hall on wednesday morning because i will need to go to toledo tomorrow.

i also realized the reason why buyers are backing out from buying our properties is because of the lis pendens with salvador ang. i will pay salvador ang the P3+m asap so we can get the lis pendens removed and after that i'm sure either guba or pelaez will easily get sold. this is also atty tan's advise when i talked to him today.

let me clear up the mactan property area confusion. when i first got involved i was asking everyone including atty tan why the extrajudicial says mactan is 2,444 sqm while the title and list of holdings says we only own 1,655. the reply i heard was the persons mentioned in the title, booc and hipolito don't own the 789sqm portion anymore. when we visited the property, the caretaker, betty said we own the entire 2,444 property. nobody ever went there to try to claim or sell any portion of the property that lola entrusted to her. they buyer told us that if that's true there has to be a supporting document saying the share of booc and hipolito in the title is cancelled. i told them we already filed for estate taxes and the list of holdings and BIR computation shows we only own 1,655sqm. the buyer said it's possible the title we have is out of date so he went to get a certified true copy. he had connections in lapu-lapu city hall so after 30 minutes he came back with the certified true copy and it did indicate that we only own 1,655sqm while booc and hipolito owns the 789sqm. we went back to the property and betty the caretaker told us she is sure booc and hipolito don't own any property their anymore because they sold it to a person named bagiou and bagiou's property, which betty says is around 700+ sqm, is not part of our 2,444 sqm property. she insisted we own the entire 2,444 sqm. i asked her to show me the boundaries or mohon, i measured it because i know my 1 step is 1 meter (as a golfer i have to be good at measuring distances with my legs because i'm too cheap to buy a range finder). it was 65m by 27m which is around 1,755sqm. so that means it's true that nobody else owns the property betty was guarding, but it's just 1,655sqm (of course my legs are not that accurate). but to sell the property, the heirs of booc and hipolito also has to sell their 789sqm or else we have to break up the title so we can sell our 1,655sqm. so betty brought us to the surviving heirs of booc and hipolito who was just living nearby. i told them my adopted sister agnes was a hipolito and they shouted "hala !!! lola na ni agnes ang hipolito na naa sa title. ni puyo na si agnes namo pero ga cge ug pangaway na liwat na sa iya papa problematic kaayo". the biological father of agnes is already dead so that means for us to sell the mactan property, we need approval from agnes. just kidding. agnes has no right because we adopted her. also, when we mentioned the property they were all surprised. this is the first time they heard about the property and it's the first time they ever saw the title. that means atty tan was right that booc and hipolito don't own the 789sqm. and betty was right that booc and hipolito already sold their 789sqm to bagiou. but that does not mean we own the entire 2,444sqm. to clear up the confusion, we only own 1,655sqm. to confirm who now owns the 789sqm (because they need to also sell or else we need to wait after paying the estate taxes to get our own separate title), the buyer suggested we get the vicinity map with technical description, taxdec, certified true copy and tax clearance. the buyer said to bring 2k so we get them in less than an hour or else we will have to come back 3 days later to get it. he said it has to be a direct heir and he will just be there to introduce us to the fixers. tita georgia has an LGU pass so she and tita doris can go maybe wednesday. i will give the 2k tomorrow when we go to toledo to meet with the buyers.

11/23/20 super good news for tita georgia and tito michael

i just talked to atty tan. he is willing to receive cash P15m they give up mactan and front lawn of main house. there is a big chance the owner of frontage of mactan will give us 20m this month because he needs it for parking. note a few buyers already looked at the property and backed out from our 15m offer. that means 20m is a good deal

11/22/20 status report

very good news. the BIR official computations and compromise with atty mark's contact in the BIR has been finalized. our payment to atty mark and his contact has been finalized. the 3 extrajudicials have been finalized. the heirs can now start signing the extrajudicials. i also found a way to beat the amnesty deadline even if we can't sell a property.

before we can pay the estate taxes, the BIR would need all the TIN numbers of all the heirs and also the TIN numbers of lolo, lola, tito gerry and tito bertie. for those who don't have a TIN, we can easily get one at the nearest BIR office or online. it's free and usually only takes 30 minutes. here's the instructions - https://filipiknow.net/bir-form-1904/. christian, you need to get a TIN for abigail, tita luz and tito gerry. i will also get one for my dad. tita doris will get one for lolo, lola, tito mike and tita jane. joanne will get the TIN for tito bertie.

attached is the official computation of the BIR based on official fair market values (FMV) and zonal values. the total estate tax is P10.9 million. the BIR contact says they can adjust the FMV and zonal values so we only have to pay P6 million. tito gerry's estate tax is P255k and tito bertie's estate tax is P235k (we will pay it together with the P6m and just deduct it from their share when a property is sold). so total estate tax is P6,490,000.

note this only includes the 7 hectars of toledo. after atty atup transfers the rest of the 52 hectars under the name of the heirs then we create another extrajudicial for toledo and pay the remaining estate taxes. atty atup says he can resolve the issues and transfer it under your names by december. i also found a plan to get the best value from toledo. i will explain it later.

we should be very happy and feel super lucky that there is an amnesty. notice in the BIR computation that without the amnesty, we would need to pay a whopping P63 million.

we should also feel thankful to atty mark that he has a contact that brought it down further to just P6 million. the final compensation to atty mark, including the processing of the 3 extrajudicials and BIR computations (which includes mobilization fee) is P435k. also note that later on atty mark will be charging P40k to process each titling. most lawyers charge P50k but atty mark is only charging the IBP standard fee which is P40k. attached is the atty mark's billing for the 3 extrajudicials, mobilization for the requirements and processing in the BIR.

so the grand total is P6,925,000 or ~P7m. we need to pay salvador ang P3m so we need to come up with P10m.

i have high hopes that mambaling (P34m) or guba (P14m) will be sold before the amnesty deadline in may 2021. note i offered pelaez for P20 million to interested buyers but there were no takers. this means the pelaez value is actually lower than P20 million. from now on if someone offers P20 million for pelaez we should jump on that offer. it just makes sense because if the value is let's say P25 million, why did chinese speculators back out on our P20m offer?

i also offered the mactan lot to chinese investors and speculators for P15 million but after learning there is no right of way for automobiles (just a foot path) they all backed out. this means the mactan lot value is lower than P15m. i know the mactan lot is suppose to go to the soza firm. i was pretending to sell it only to get a feel of how much we are actually paying the soza firm. also my plan was that if someone offered P15m for the mactan lot, i will try to negotiate with atty tan by offering him P15m in cash and he gives up their claim to mactan and the front lawn of the main house. it was just an attempt to try to get back the front lawn for tita georgia and tito mike. by the way i googled it and found out contingency fees are usually 1/3 (or 33%) of the recovered properties, so this explains why we are giving 300sqm of the ~1,300 sqm of the main house to the sosas. this also means giving the mactan lot to the sosas as contingency fee is actually just and fair considering they recovered mactan (P15m), pelaez (P20m), tita doris' house (P6m), guba (P14m) and the 193 sqm pagina property (P2m), for a total of P57m so the mactan lot is roughly 1/3.

one of the interested buyers of mambaling will try to help us expedite the scheduling of the hearing for the right of way of mambaling. he says he knows people in quimoda justice hall. on monday i will go to atty abellana's office to get the case number of the right of way petition so i can give it to the buyer so he can help us. i told the buyer that our budget is around P50k to give to the insider in quimoda who successfully helps us schedule the hearing by december. (keep in mind that tito jojo's buyer is ready to pay P34m for mambaling once the right of way is annotated on the title)

in case we can't sell a property by january, i propose me and tita jane will come up with the P10 million (P5m each) but to ensure we get paid, one of the properties will be assigned to both of us via a deed of assignment or "mock" deed of sale. maybe the guba or pelaez property. it's just by word of honor that once there is a buyer, we will get our P10m (and also my P1.7m for redeeming pelaez and other expenses) before dividing the rest to the 9 heirs. i'm confident by febuary tita jane can get the vaccine so she can safely come to cebu. my mom and dad is even coming to cebu this december 19 even without being vaccinated.

i did more analysis on our toledo properties and thought of a plan on how we can get the optimal value. first let me break down the status of our toledo properties. i attached the sketch map.

originally we had 86ha. 27ha of lot 4126 was carped. atty atup, who is renowned for recovering the CARPed properties of the lhuillers, says there is a chance, albeit very small, that we might be able to recover the 27ha. he says DAR is notorious for ignoring the "agricultural land" classification. note that each heir is entitled to 5ha of agricultural land. so if out of our 86ha, only 45ha is agricultural, that means we are entitled to 9 heirs X 5ha = 45ha so it was illegal for them to CARP our 27ha. atty atup's firm is currently investigating this. he said we will know the status by december. i already gave P21.5k to atty atup for the consulatation and mobilization fees. atty atup said that if DAR made an error, they will proceed to recover the 27ha and they will just ask for contingency fee as compensation. note we've been try to sell toledo for 2 years now offering P150/sqm but buyers were only willing to pay P100/sqm. but if it's already recovered and titled under out name i think we can sell if for P200/sqm. note that if we do recover it, 1/3 of it will go to atty atup. so we only get around 18ha. but the value is still P36m or P4m per heir. but there is only a very small chance it gets recovered so forget about this.

that leaves us with 59ha. however, lot 4143 (9.8ha) was distributed by DAR to the farmers. the farmers already have titles issued by DAR and are even trying to sell them (even if the titles were clearly marked "can't be sold). i let the head of legal dept of DAR (atty guanzon) review the court papers and she said we won the case and the entire 4143 should belong to us. what happened was that DAR wrongly distributed it to the farmers while the case was still ongoing. atty atup is currently trying to recover it and put it under the names of the heirs. atty atup says he is highly confident we will get back lot 4143. his firm was also willing to get contingency fee as compensation. contingency fee is usually 1/3 of the recovered property so expect lot 4143 to be down to just around P6.5ha best case scenario. at P200/sqm, that's P12 million (down from P19m) or P1.3m per heir.

atty atup is also in the processing of transfering the remaining 32.6ha of lot 4126 to your names because it won't show up in the list of holdings that's why we can't pay estate taxes for it yet. same with lot 4127 (6ha), and lot 4129 (3.5ha). that's 42.1ha total. at P200/sqm that would be P84 million total, or P9.3m per heir. what's weird is 4129 is titled under lolo and lola's name but still won't show up in the list of holdings. but the BIR can't process anything that does not appear in the list of holdings because after the estate taxes are paid, they are obligated to give us a CAR of each property which is as good as a title because it's now just a matter of processing to get it titled. atty atup says by december it should already be under your names so we can process the extrajuducial and pay the estate taxes.

that leaves us with just 7ha that shows up in the list of holdings and is being included in the first extrajudicial. this is lot 3816 (6.1ha), 3817 (0.122ha), 4130-E (.4ha) and 3820-prt (.4ha). 7ha might seem depressingly small but this 7ha could actually be the most lucrative property of our entire estate. if you look at the sketch map, all these properties are right by the main highway (uling-naga road). i think i know the reason why lolo and lola made sure these are under their names while they kinda neglected the other 80ha. before the pandemic i was negotiating with a buyer from manila. we were having lunch at gerry's grill in robinsons. i told them the heirs would not accept anything under P150/sqm. but the buyer was only willing to pay P100/sqm.

then tita doris told me that tito virgilio got a text from a buyer who was interested in buying our toledo property for a mind boggling P3,000/sqm. i laughed so hard i thought the person who texted was just joking. but when me tita jane and tito virgilio were eating at lola conchings, tito virgilio did confirm he got that text. i remember tito virgilio even said he will be very happy with just P600/sqm. but now i realized, that mystery texter was probably looking at our 7ha properties by the highway. today i looked at properties for sale around poog toledo and found out that although farmlands around toledo are selling for only P200 to P400 /sqm, there was a 200sqm property by the highway near our property that was selling for a whopping P10,000/sqm. that means that P3,000/sqm was actually realistic. however there are bigger properties for sale also by the highway going for only P1,000/sqm. if we use that as a conservative valuation, that means our 7ha can easily fetch for P70 million, or P7.7m per heir. WOW !!! what's amazing is this 7ha is under the list of holdings and is included in the first extrajudicial so after we pay the estate taxes, we can have it titled under your names. my plan is to fence this 7ha and sell it at P1k/sqm while continuing to try to sell the rest of 52ha for P200/sqm or even P150/sqm. we can fence cheaply with just a simple barbwire just to make it easy to show the buyers where the boundaries are.

tita jane's reply:

So sorry Ian, the money belongs to your Tito Gerald and it is invested in stocks and there is a big penalty to take it out. The most important thing is that Gerald worked hard for that money for retirement and our emergency money. We have to take care of ourselves for when your Tito Gerald and I helped Mama’s highway construction in Butuan and Iloilo Gerald was never paid a penny. We have to take care of the employees for food. The other members of the family left the construction site and withdrew all the money in the bank and didn’t leave us a penny. Gerald has to go to Cagayan to ask money for our food and to prepare for our relocation for the owner of the house repossessed our furnitures. We never heard from any of the members of our family asking how we’re doing. I won’t dare ask your Tito Gerald for it is not mine. Nitagam na si Tito Gerald nimo.

ian's reply:

tita jane, i totally understand. don't worry about it anyway there is a big chance one of the properties will get sold soon which means there is no need for anyone to come up with the p10 million.. and if worse come to worse i can just shoulder the P10 million. as long as it's ok with everyone that one of the properties like guba or pelaez is temporarily assigned to me via deed of assignment so when a property gets sold i am assured i get paid. maybe everyone will feel more comfortable if pelaez is assigned to both you (tita jane) and me even if i'm the only one who will shoulder the P10 million? i have no problem with that.

by the way i just came from tito virgilio's house to let him know we will be signing the extrajudicials soon . i was knocking on the gate for 15 minutes i also stood on the hood of my car so in case someone was there they can see that it's me. in case tito virgilio can't be contacted, can someone give me the contact info of monica, frannie or doreen? last i heard they are in cebu. i know sheryll is in manila. maybe we can correspond with tito virgilio through his kids because if tito virgilio can't be contacted to sign the extrajudicials then everything will fall apart you literally lose all the properties if we can't meet the estate tax amnesty deadline which is may 2021.

11/4/20 status report

when i went to atty atup today to set an appointment he said he read my email and told me there is no need for a meeting because transferring the tax decs under the names of the heirs is already part of their to do tasks. therefore we don't need to pay extra. he also said before december we should have the complete requirements to pay for the toledo estate taxes.

also andrea (mikmik) is going to NSO tomorrow to get the death certificates of tito gerry and tito bertie. joan already gave andrea the authorization letter.

also atty atup will emali me a request letter for the court in toledo to give us the court decisions of the 2 other toledo case. as it turns out there were 3 case that we won. the copies we gave them in the first meeting was just 1 of the cases. once i get the email, i will print it and me and tita doris will go to toledo to get it.

11/3/20 status report

i had a meeting with atty mark today. there's 3 important things you all need to know:

1) the BIR required that e dungan kuno ang pag file sa extrajudicial ni tito gerry ug tito bertie kay apil man ila heirs sa extrajudicial ni lolo ug lola. they need the death certificates of tito gerry and tito bertie. if no one has it let me know so i can help the heirs get it from NSO in gaisano capital branch. i think you can also get it online.

2) the BIR also said it will be much quicker to process the estate taxes if we exclude the donation of the main house to tita georgia and tito mike from the extrajudicial. we just make a separate deed of donation to tita georgia and tito mike which everyone will also sign together with the extrajudicial but we don't submit it to the BIR. but it's still the family who pays for the capital gains because it's just fair since all other heirs never had to pay for the capital gains of their house in the compound since it was lolo and lola who paid for it.

3) there are 4 toledo properties (totaling 51ha) that the BIR cannot include because although we have the tax decs, they are not under the name of lolo and lola. the BIR suggested we just exclude it for now and work with a lawyer in putting the tax decs under the name of lolo and lola (since we already won the court case and we have the finality). i will email atty atup to schedule a meeting with him to discuss this issue. note this will be a separate task and i'm sure would require separate lawyers fees.

10/31/20 message

i'm not trying to pick on anyone just trying to help everyone avoid stress because i'm aware many of us have different health risks. it just takes a few minutes to scroll back and read and it goes a long way in avoiding stress and unnecessary ill feelings towards each other from misunderstanding and false worries on the status of our properties because of lack of very small information that just takes 2 minutes to read. my point is if you spend 2 minutes to read it will avoid weeks of stress. that's a very good trade off. i was also giving the suggestion to tita jane not just you which she admits sometimes she does not scroll back that's why she misunderstood me and accused me of trying to sabotage the right of way of mambaling even if i just posted that i bribed the 2 secretaries P10k each just to prioritize the filing of the petition. you don't need to comment or react. what's important is you read it and only comment if you have any questions. i followed up with the others privately and they tell me they do read my messages and they are up to date of what is going on. so when i talked to you privately you told me you did not see some of the important messages i was talking about in our conversation that's why i asked you to scroll back and you did admit you just missed it. also it's very important you don't become offended or insulted with the things i say here. i assure you everything i say here is necessary to meet our objectives and help you meet your goals. we need to distinguish productive criticism from non productive criticism and we need to realize non of us are perfect and we all have our own strenghts and weaknesses and we need each other to learn from each other. let's all be open to criticism and communicate with each other productively so that we avoid stress and we can meet our objectives.

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

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


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

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

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

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

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

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

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

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

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

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

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

super super super good news on inheritance tax (6/14/20)

very very very very very very very very very very very very very very very very very very very very good news. the inheritance tax has been computed and ready to be paid as soon as the extra-judicial is signed. here are computations from the BIR: https://photos.app.goo.gl/73WfC77ifzdXKsnD7 (lola's), https://photos.app.goo.gl/EvPhDYJTKRroJUoL8 (lolo's).

as you can see, without the amnesty, we are suppose to pay P53 million (P9.5 million + P43.5 million in interest/penalties). because of the amnesty, the tax is just P9.5 million. the BIR got it down to just P2.8 million. let it make it clear - we only need to pay P2.8 million in inheritance taxes. me and tita jane have that money in case we can't sell mambaling before the june 2021 amnesty deadline so the properties are now technically safe. we are very very very very very lucky we have the amnesty. duterte literally saved the crystal properties. our family is so lucky and blessed.

this means lolo and lola's palanggas will soon enjoy the the fruits of their hardwork and sacrifices. there are no more unavoidable obstacles or showstoppers. lolo and lola's planggas will soon have economic security - funds for medical emergencies, alleviate their economic difficulties, and live life to the fullest - pursue hobbies, take up a sport, art, music, do charity work, church activities, travel, etc ... it broke my heart to learn that after all the things tito mike did for me that made me very successful, he was not able to attend their recent la salle reunion because he did not have enough money. i feel i don't want to give up the mactan lot to the the sosa firm, but contesting the written agreement will prolong the economic hardships of some of my aunts and uncles and it would endanger their life because they won't have emergency funds for unforseen medical treatments. real kindness is when you are ready to give up something you want just to help others (according to a 3 minute film that won an oscar for best animated movie).

luckily we are finally near the finish line. all we have to do is take those few extra steps. none of this would have been possible if it wasn't for the guidance and expertise of tita jane and tito virgilio. note i'm just an errand boy for this whole thing. when i first got involved, i didn't even know what was a manager's check. tita jane had to explain things to me because i'm so ignorant with these matters. they even had to explain to me what is an extrajudicial settlement. we should also thank the sosa law firm for recovering many of our properties from Ang.

we are also very lucky that i'm a very close buddy of atty mark tolentino who was the provincial administrator of the 2 term governor and current vice governor of cebu. his power and influence got things going even if we did not have a signed extrajudicial and the complete documents such as the titles of toledo and the properties that are with Ang. at first he was too busy to help us but i offered about 10% of the savings as payment for his services. the advanced payments i gave atty mark so far have totaled P105k as an incentive for him to expedite the processing. with the P6.7 million in savings (P9.5 million - P2.8 million), i expect to pay atty mark P670k. although we didn't have a written agreement and nothing is set in stone. most likely he will probably ask for P300k excluding whatever they need to give their contacts in the BIR. the good news is if you divide among 9 heirs, it's just P35k per heir, which is very small compared to the P19 million in cash and properties each heir will be receiving. but note you are not paying P35k, we are actually saving P6.7 million because of the favorable computation. we are also saving billions in terms of quality of life for the next year because from now on you will be happy thinking our properties are now safe instead of worrying constantly because of the UNKNOWN. or worrying the we won't be able to beat the amnesty deadline if we can't sell mambaling, especially it's much harder to sell now because of the coronavirus pandemic. we now have peace of mind. as we all know, stress and worries can lower our immune system and lead to cancer so the intangible benefits will go a long way.

it's also fair that all heirs share in the expense of titling of the main house to be under tita georgia and tito mike's name because lolo and lola spent for the titling of the crystal compound properties for all other heirs. the standard titling expense is usually P50k. if we let atty mark do it, the expense is just P40k per title. i suggest we let atty mark do the titling of all the properties including the main house because they already have the contacts to do this fast. if you approve i will shoulder the expenses if mambaling is not yet sold.

also, the BIR told us we cannot sell any property unless the heirs of tito gerry and tito bertie pay the inheritance tax first. i also suggest we let atty mark process this to get a favorable computation. we just need to pay him a small percentage of what the heirs save in taxes. the advantage of atty mark is the speed of processing. imagine the inheritance tax continued to be processed even at the height of the coronavirus pandemic.

i also wish all the heirs will agree to refund all my expenses. all my expenses are recorded in our wiki for everyone to see and i kept the receipts. note that we just saved P50 million and what you need to pay me is just a tiny percentage compared to the Pmillions of inheritance you will be receiving. and note that i'm not asking anything for my efforts, just the refund for my expenses. i'm just doing this to honor lolo and lola. i didn't bother with written agreements because time was of the essence. i'm worried some of you may not agree with my ways. example we needed to apply for 2 tax decs and annotate the title number on an existing tax dec but the toledo assessors office won't entertain us because they had a quarrel with our family in the past involving shouting at each other in the assessors office. tita georgia tried to get a court order but she was just bounced around the offices in capitol. so i simply offered P10k for each document we need and BOOM it just took a few minutes to give us what we need and they suddenly became our dear friend and ally even if they are the close relatives of the families we had a land dispute with.

when the deadline for redeeming the back taxes of pelaez property (~P30 million) expired, and the property was about to be auctioned, the P2 million i wired from the states would take 2 weeks so i made a deal just to keep it from being auctioned. the deal cost me P100k but we saved the ~P30 million pelaez property. they also got the taxes and penalties down to just P1.3 million so again, by spending P100k we actually saved about P700k. but tito virgilio did not agree with what i did, contending that i made a mistake because a law was about to be passed in congress where we don't have to pay the back taxes anymore. i consulted my lawyer friends but they said there is no such law. the amnesty law that already came out was just for inheritance taxes, not property taxes. that means it is fair i get refunded for the P1.3 million. it was a relief for me when tita jane promised she will convince the other heirs to approve my refund. whew !!!

note that when mamabaling is sold, each heir will be receiving P2.5 million total after paying all debts including mine (P30 million - P2.8 mllion inheritance tax - P3 million to Ang - P1.675 million to me / 9 heirs = P2.5 million). note that it will be much easier to sell mambaling once we get the right of way. my plan is to bribe the baranggay captain and head of ROD to annotate it on the title. note there already is a deed of sale for the right of way, it just wasn't annotated on the title. we already paid for it. besides, right of way is the law so we are not doing anything illegal. we are just expediting something that is our right.

many of you don't really know me personally since i've been away for 30 years. i would understand if you suspect i'm trying to embezzle or rip off the family. but tita jane and tito mike can attest to you these things are beneath me. i hate to boast or show off but i guess i have no choice because it's the only way for you to trust me moving forward. my net worth is around $2 million or P100 million. i own 3 fully paid house and lots in the states, and 2 fully paid properties here in cebu. i also have around $500k in retirement portfolio. i can show you the statements and titles if you wish to verify. i earned and achieved all these all on my own despite having serious and debilitating health issues and sufferings since childhood. i retired at age 39 and in 10 years i doubled my net worth so that should prove my competence and abilities in getting things done. also remember around december i was messaging everyone that we must act quickly while the property values are still high because so many things could possibly happen that could cause the economy to crash and it will be more difficult to sell. then the covid19 pandemic happens. so maybe i'm really gifted with good judgement, foresight and foreskin.

i'm not also doing this for my parents. it's for my dear aunts and uncles who are suffering economic hardships and have medical conditions that might need expensive medical treatment that might save their life. in fact my parents have not been paying attention to the properties lately and just letting me handle everything because just recently the owner of unitop is offering my mom P30 million to buy out her share of the building in colon. also, a buyer for my lola laling's property in bohol has already committed and gave the down payment to buy the property for P100 million where my mom will be receiving P20 million. and if all heirs sign the extrajudicial, you will soon be receiving P19 million worth of inheritance

if it wasn't for tita jane, tito gerald, and tito mike, i'm sure i would be very poor right now because it was them who helped me for 2 years in america until i luckily landed a very high paying job. for 2 years they literally fed me and provided a roof on top of my head. i finally got a minimum wage job. my minimum wage job was at vallejo and the job fair was at san jose which is about 2 hours apart so i decided not to attend the job fair because my car was very junky and unreliable but tito mike insisted i use his brand new pathfinder so i can attend the job fair. he didn't mind driving my junky car that day to work just so i have the chance to attend the job fair. it was in that job fair that i miraculously landed the very high paying job. you see what happens if we simply love each other and truly care for each other as what God, lolo and lola wants us to do?

tita georgia and tita doris can also attest my very simple and cheap lifestyle. you can also look at my facebook photos and posts to verify my cheap lifestyle. i'm not materialistic and i'm very content and happy with my life. i don't care about being liked or respected. i don't care about social status. i just enjoy helping and mentoring then needy. i have everything i need and achieved everything i want to achieve. this is why i now have time to honor lolo and lola by being the errand boy for the family properties. it was through the guidance and expertise of tita jane and tito virgilio that we have reached this important milestone, but i did most of the legwork.

it would really make me feel better if after reading this each of you will post your vote in this chat group on whether to refund me or not. if you disagree with my style of getting things done, allow me to explain my decisions. i believe my uncles and aunts are very competent. so i was wondering how we ended up owing P53 million in taxes instead of just P9.5 million (if it wasn't for duterte's amnesty law). also i was wondering how we let 20 years go by without paying the pelaez taxes. i thought that maybe, there is something wrong with the system, and therefore if we do everything standard or by the book, we will not succeed and end up losing everything. so i tried a different approach, taking advantage of my knowledge of human nature and personalities of filipinos. fortunately, my methods worked. so it's just fair that i get refunded.

example in the philippines a lawyer is really just a technical consultant. that is why for many years there was no progress with our family properties. we have to do the heavy lifting. i spent a week reading through all the court documents line by line to understand fully what's going on and what needs to be done. there were 3 questions i needed to ask atty camiso so i visited his office and asked the questions. he yelled "HAY SALAMAT DUNA NA GYUD NINYO KAMAO MO BASA". i was shocked at what he said. i told him many of my elders are very educated they even have ateneo degrees of course they know how to read.

we will continue to need atty mark's influence in the registry of deeds to speed up the creation of new titles under the name of the heirs so it will be easy to sell or subdivide the properties later on. the standard is P50k per title and luckily for us, he just asked for P40k because we are close friends. but we don't need to worry about the new titles for now i'm just giving you the good news that it would be fast and easy for us to create the new titles. but if you choose to do it ourselves, it's ok. the cost will just be a bit more expensive and it will take much longer. at least the properties are now secure and safe.

before you celebrate, note that all these blessings can still go to waste and we could still end up owing P53 million. but the good news is our destiny is now within our hands and within our control. we just have to make a choice to sign the extrajudicial.

i'm still worried because there is an EMOTIONAL OBSTACLE or hurdle we first need to overcome. personally, i have an overwhelming urge to contest the mactan property and the main house front lawn agreement because it pains me to visit crystal compound and realize the front lawn where i grew up playing soccer and dodge ball now belongs to someone outside our family. but i also realized that if we try to contest it, the outcome will at best be the same (if we are very lucky) and the many months of court hearings will only give me more pain and stress, and it will probably just give me cancer or heart disease. not to mention the legal and lawyer fees.

first, if you divide the value of the mactan lot and front lawn into 9 heirs, it will actually just be a small percentage of the total wealth you will be inheriting. the toledo properties by itself can easily fetch P120 million conservative at P200/sqm. tito virgilio says it can sell for P600/sqm so it could possibly fetch for P360 million which is P40 million per heir.

i also think not honoring an agreement is wrong and immoral and will be bad for all of us. it's like smoking. many great and very smart people have the urge to smoke even if it causes cancer. i expect that many of you would have the same feelings as me. so i want to share with you how i demolished this obstacle or how i came to accept reality and just move on and do the simple things that would resolve all the properties so lolo and lola's palanggas can finally enjoy economic security and prosperity.

besides the sosa's successfully served us for 3 decades and we haven't paid anything to them in exchange for the tens of millions of properties they recovered for us. it was a miracle that the sosas recovered pelaez, guba, tita doris' house, the property in san nicolas and the main house. lola already signed the deed of sale for these properties, received the money and surrendered the titles. i was so shocked when i saw the deed of sales that had lola's signature. it's a miracle that the sosas were able to recover these properties and all we promised them was the mactan lot which have no right of way, lots of squatters and low value at that time in 1999. the deal was very fair at that time. if we contest the written agreement the judge will probably laugh at us for being delusional.

if we choose to contest the lawyer fee written agreement where the mactan lot and main house front lawn goes to the Sosa firm, this will only cause a delay and we won't be able to beat the amnesty deadline which is june 2021. i also consulted my other lawyer friends and showed them the written agreement - they said there is no chance we can win so in the end we can still end up losing the mactan lot and front lawn to the sosas and owe P53 million to the BIR. lolo's thumb print actually strengthens the validity of the agreement because it proved he was comatose at the time of signing which validates the signatures of papa and tito gerry.

sometimes we just have to think clearly to be able to accept something that we have no control over. here is my train of throught :

1) when the written agreements were signed, tito gerry and papa were at the peak of their careers and possessed very good judgement and decision making abilities.

2) tito gerry and papa had the family's best interest at heart. of course because they have a share of the inheritance so if ma alakansi ang family, alakansi pud sila

3) at that time, it wasn't wrong for tito gerry and papa to go on with the decision without consulting other family members because there really is no knowledge or expertise other family members have that they don't have. at that time the entire family trusts both of them. so if i was one of the heirs and i was being consulted or asked to sign the agreement, i would just have went with whatever papa and tito gerry decided.

4) the mactan properties at that time were very cheap. also there was no other option - the only possible property to put in the agreement as payment for legal services would have been pelaez which is more valuable considering it's income generating. the mactan lot has issues with right of way and squatters so we were even lucky the sosas accepted the deal.

IMAGINE YOURSELF IN 1999 to find out if you would have signed it or not. don't use the facts today to find out what you would have done.

if i spend time agonizing over the mactan lot and the front lawn, which is just a small percentage compared to the total wealth you will soon be inheriting, then might as well be poor. poor people in the slums who have nothing would be luckier than me. instead of being thankful and happy that we are about to receive a miraculous gift from all the hadwork and sacrifices of lolo and lola, the properites actually would be making us angry and uhappy and probably give us cancer and heart disease. poor people in the slums are better off because they have no worries. they are happy just to have something to eat. it's ridiculous that poor people in the slums would live happier and content life despite all my blessings in life and the many millions we will be inheriting simply because i refuse to accept something that is inevitable.

i remember i used to join the willkoms in hayward in pooling our lotto tickets to have a better chance of winning. we prayed and wished we win. but now it's really like we all won the lotto. each heir just needs to sign the extrajudicial so we can all enjoy our wealth and forget about the past mistakes. if we choose to contest the agreement, it's like we are choosing to burn our lotto winnings and wallow in the stress and disappointments of endless court hearings

after many months of attending court hearings, paying big money to a lawyer who might possibly be bought off and connive with our opponents (considering the sosas have many close connections we are not aware of), we could easily end up losing because of the written agreement. and even if we win, we will still end up paying millions because there is a "quantum meruit" law that states in an absence of an agreement or cancelled agreement, the lawyer is entitled to at least 10% (possibly more) of all the recovered properties. so if we are very very very lucky and we end up winning, our gain is very small because we still have to pay the sosas millions. that's called very small upside, but very very very huge downside.

in my opinion, we should just sign the latest extrajudicial so all the issues would be resolved once and for all.

i'm not a lawyer. these are just my opinions. but that's no problem. we just need to consult a lawyer. but it has to be a lawyer we can trust. you probably heard the story about a prominent lawyer who retired and his son took over his law firm. after a few months, his son told him, "dad, you should be very proud of me because i closed the case of our biggest client. i managed to reconcile their family conflicts and now our client is very happy". the father replies, "YOU IDIOT !!! that case paid for your college, it paid for our house and it paid for our BMW. now because you resolved it and closed it that big continuous flow of income is gone !!!".

the moral of the story is that if you consult a lawyer whether we should contest the written agreements of the front lawn and mactan lot, of course the lawyer would recommend that we contest it. fortunately for us, tito gerald has relatives who are the top lawyers in the philippines and has his best interest at heart. tita jane just needs to consult them. show the written agreement. here's a copy for anyone to download - https://photos.app.goo.gl/8SRTEYC29vZLjEAt7

please, post your opinion here as soon as possible. let's get this resolved as soon as possible because it could save the life of your sibling who might need a very expensive medical care or treatment. it would alleviate the economic sufferings of the super palanggas of lolo and lola. lolo and lola will be very sad and disappointed if we further delay the resolving of the properties just for our useless emotional needs. this is not complicated. it's very simple. be kind to yourself and choose a decision that won't make you suffer. choose a decision that gives you a much happier life. choose a decision that will help the economic hardships of your siblings and potentially save the life of your siblings.

life has so much to offer instead of wasting time stressing over these properties. you could go boating, travel, join church groups, spend time with your kids and grand kids, take up a musical or art hobby, start a small fun business, slowly develop your properties in a fun and non risky way. you could organize family reunions which i would be very happy to attend. many of you know by now know i really love talking about our past and blessings of our family. i love giving all of you advice on how to eat healthy and avoid stress because i want you all to live long, healthy and happy lives.

let's avoid further headaches and stress that will just give us cancer and heart disease. let's just do what's obviously straightforward and simple and what's good for us so we can live longer lives and you can still be alive to witness the ultimate joy and happiness of seeing your grandkids or even great grand kids walk on stage during their college graduation ceremonies. these are what's really important in life.

before you post your opinions here, think it through. talk to your other siblings or close friends who are experts. consult your kids who are very successful in life because that means they possess good judgement and decision making skills, especially that they they love you and have your best interest at heart. example, i talked to abigail because i feel she is very strong, smart and has very good judgement. she told me she does not believe our properties will ever be resolved. i asked her why. she told me as much as it would give her joy and happiness that the properties will be resolved because it will help her siblings, she feels our family is CURSED. honeslty, i feel the same way as abigail. but from what i know about curses is that one of the ways to end a curse is when people realize they are cursed and they step up and go against their emotions to end or sumpa the curse. i think this curse is manifested in very strong emotions that is boiling inside of us.

i think what currently is going on is "the devil" doing it's devious work and tricks by manufacturing our very strong emotions that make us continue to quarrel and hate each other. it's very devious because the devil disguises the emotions or wraps it around a cloak of principles and justice so we will proudly proclaim, "I'M SIMPLY DOING WHAT IS RIGHT" but in reality we are making lolo and lola's palanggas continue to UNNECESSARILY suffer economically and endangering their life by not having funds for emergency medical treatments. thankfully there is also god and angels and saints who could help us if we ask for their help. fortunately, many in our family have been praying, attending mass, praying the novena and rosary, attending church activities and services. maybe what i'm writing here is the answer to all your prayers or some sort of divine intervention .

at first i thought it's impossible because why would God pick me when it's obvious i'm a very immoral person? i'm the kind of person who nobody should listen to and respect. i'm basically a worthless human being or a cockroach roaming this earth. but then i realized many great saints and apostles were also terrible sinners and criminals such as st matheew, st augustine and st mary of egypt. maybe it's another one of those confusing things God CHALLENGES us to do that we will never understand.

it's like there is a flood and you are drowning and God sent a life boat through me. you just need to climb on the lifeboat. for me the decision is very simple. are you going to climb on the lifeboat or will we just give in to the devil and allow him to drown our spirit and soul?

i feel the devil was laughing at me as i was writing this because he thought i'm going to approach each one of you individually to get your opinion. all the devil has to do is pump up your PRIDE and EMOTIONS and instill in your brain that what i'm writing here is stupid. the devil will tempt you to cherry pick what i'm saying and take them out of context that will cause you to be very angry at me. so he can continue to rejoice and laugh at us quarreling and hating each other. this is what the devil has been doing all this time. but the devil forgot a very powerful weapon God has given to families - the power of family unity. the old adage - united we stand, divided we fall. i won't allow the devil to use the divide and conquer strategy. so i decided to form this group so all opinions can be heard by everyone. this will weaken the devil's power and influence and give us a fighting chance to end the devil's curse once and for all.

when all the property issues have been resolved, i can't wait for the devil to be crying in agony and defeat as he watches our family celebrate in one of those delicious super restaurants in cebu grand convention. when families work together, satan gets a headache. when families celebrate dinner and pray, satan faints. i would also like to use the dinner get together to give an inspirational speech and mentor tita doris, tito bertie's family, and nimfa's family on how to invest their inheritance wisely so they don't end up like our bacalla cousins who squandered their inheritance. i'm sure lolo and lola would want me to share my expertise on this matter. and of course i will always be available for consultation moving forward.

note because of the rapid advancements of artificial intelligence, many professions and jobs will be obsolete and the food producers and farm owners will be the future kings of society. many experts and economists have been saying this. there's a very good chance the future generations or our nephews and nieces abroad or in the states will come to cebu and be very thankful to lolo and lola for the very valuable farm lands they left us. tita georgia confirmed this trend because she noticed lately the affluent families of cebu are starting to develop farms in camotes. it would be a good idea to subdivide guba and part of toledo through drawing lots. we will fence each individual property to avoid future conflicts and misunderstandings. i will develop my dad's properties with cash rich crops such as cacao or coffee and i will document everything i did so if any heir wants to follow, they already have me as the guinea pig.

if you still don't trust me or feel confident with my opinions, maybe it will change your mind to know that i strongly feel it was the spirit of lola and lola that guided me to be involved.

first let me give you a background. i always felt it was my duty to sacrifice my time and effort to help with the family properties. i felt i owe a lot to the clan. lolo and lola provided us with a perfect environment growing up - crystal compound had trees and houses which gave me so much childhood fun and challenges climbing around together with the diverse childhood friends which developed and built my character. not to mention all the fond childhood memories i had with my aunts and uncles especially tito virgilio who always took time to take us kite flying, hiking, and camping. i remember the most awesome time of my childhood was when i got to drive sheryl's mini motorbike as much as i wanted. during those times driving a motorbike was an impossible dream for children like me. i'm giving it a special mention because it probably influenced me or it's the reason why i now drive a motorbike which has been crucial in accomplishing my tasks related to lolo and lola's properties. cebu traffic is terrible and my appointments and meetings were overlapping. especially the time when i had to go to the states on dec 6 to sell one of my houses in vegas. my flight was in the afternoon and in the morning i still had to go to SEC, RD, then meet with atty oscar to set certain tasks in motion so things continue to progress even while i was away.

as much as i wanted to help the family to honor lolo and lola, i've always believed there was nothing i can do to help. i always felt the family situation was hopeless because even if there is a buyer for mambaling, nobody would be motivated to cooperate because the money could just magically disappear without a trace, which is what happened to the lawaan proceeds.

but on nov 4 (2019), things changed. i went to the compound to fix a plumbing problem on papa's house. tita doris asked me for money to go to toledo to attend a meeting with the CARP beneficiaries. i knew it could easily get violent because of course land is the lifeblood of these poor folks. and knowing tita doris' history of bad judgement, i got worried. i got more worried when she said she will bring her daughter donnie because she is a "FIGHTER". i drove them to toledo the next day thinking maybe i can assess the situation and do something to keep them safe. i didn't even let them out of the car until i was done assessing the situation. during the trip i told them if only everyone would just lower their pride and allow tita jane to handle all the money all their problems will be solved. tita doris told me that actually, no one in the family would object to that. that's when i realized there is hope and i should use my conflict resolution skills to help the family. i talked to papa and he said that although he sometimes has reservations about tita jane's judgement, he will never question tita jane's integrity. BINGO !!! since everyone trusts tita jane, the sale of any property simply has to deposited in an account under her name so she has the power to subdivide the wealth equally. i then drove my motorbike to queen city and told lolo and lola i won't let them down.

note that it's a twist of fate that we got to this point. if tita doris did not see me in crystal compound that fateful day, i would not have gotten involved and most likely the pelaez property would have been auctioned off, the amnesty deadline would expire before we even get an estimate from the BIR, and the family would owe P53 million to the BIR instead of just P2.8 million simply because the heirs can't communicate with each other and don't trust each other. i strongly feel it was the spirit of lolo and lola that guided me and tita doris to cross paths that day.

but then it turns out it's still hopeless because not everyone will sign the extrajudicial because some heirs demand there is a written agreement on giving up the mactan lot and front lawn to the sosas in exchange for their legal services. papa and everyone else told me there is no written agreement and it was just a verbal agreement. papa insisted we honor that agreement while some insisted we just pay the sosas, which under the quantum meruit law, is 10% of all the recovered properties which actually is close to the value of the mactan lot and front lawn. then i felt a strong urge to organize our house in lahug. i spent 2 weeks cleaning, fixing and organizing the house. in the process, i organized the mountain of documents in my parent's room, and for some miracle, I FOUND THE WRITTEN AGREEMENT !!! holy cow !!! i almost fainted in disbelief !!! i really felt it was lolo and lola's spirit that urged me to organize the house. i found something that everyone claimed did not even exist. it was just beside papa's bed all these years. that was clearly lolo and lola's spirit guiding me.

but the big problem is that it's natural for some of us to feel a very strong urge to contest the agreement which could surely cause everything to go up in smoke. so think it through and post your opinions in this chat group. we need to unite and communicate with one another to ensure we come up with the best decision whether to contest the agreement or not.

mentoring tita doris

ian has been constantly mentoring tita doris so she won't end up squandering her inheritance. example just recently she told ian she is bummed that everyone in the family thinks she is a screw up. ian told her what anybody thinks of her is irrelevant. even if everyone praises and admires her, if she squanders the inheritance her family will be back to suffering hardships in just a few years. even if everyone thinks she is a screw up if she and her family strives to invest the inheritance wisely and exercise discipline then they will have the last laugh. so instead of worrying about what people think of her she should start conditioning herself and her family to just buy decent townhouses and just rely on the measly monthly rents for the rest of their lives. ian told them that he will always be around to offer them expert advice but their destiny is still in their hands. ani told them that if you put P3 million in a townhouse in 10 years the value could double plus the monthly income could total P2 million so all in all you got P5 million but if you spend it on luxury then in 2 years you could easily be back to suffering poverty and everyone will be laughing at you. ian told them, "do you want to forever be the joke of the town? or do you want to have the last laugh and live in security and comfort for the rest of your life? the decision is in your hands so stop worrying about what other people think of you". ian added to also be practical. if you received P10M and then you used it to buy 2 townhouses such that you are already earning a stable P20k cash flow a month, then it's ok to buy a brand new car.

with regards to bryan i told her it's not something to worry about. life is never perfect. one can even say bryan has a better life than me where it counts the most. he has kids while i don't have kids. he has a wife who has a stable call center job and is taking good care of his kids. his kids will take care of him when they grow old while i will just rot in a nursing home.

bryan's drug addiction is nobody's fault. bryan is mostly just depressed. it's a genetic defect since birth meaning there's nothing anyone could have done. just make sure he has something to eat and eventually he will stabilize. just cherish the memories at least you had 15 years of joy and happiness of bryan's childhood. compared that to me where my children never got to see the sunset, taste icecream or enjoy the beach. i'm worse than the mentally ill mother who murdered her 3 children. at least her kids got to taste icecream or witness the beauty of the sunset before she snapped. i never had children of my own so i virtually deprived potential human beings from the pleasures of ice cream or listening to music. people think it's sad that poor countries have lots of people suffering poverty. but i think rich countries like germany and japan are the ones who are pathetic because their society virtually murdered hundreds of millions of potential human beings. too many couples chose not to have children even if they can afford it. meanwhile in countries like the philippines, people who can't even feed themselves pop out 9 kids. that's why poor kids looks so happy dancing in the streets maybe because the universe is telling their subconscious that they stole a life and got away with it.

my point is that there are things out of our control but the good thing is there are so many things you can do to help bryan like exercising fiscal discipline when you receive your inheritance. you will help bryan in a big way.

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

GOOD NEWS !!! !!! finally no more potential show stoppers !!! nothing is stopping each heir from finally receiving their P19 million EACH worth of inheritance.

the next plan is to find a buyer for mambaling and include the buyer in the extrajudicial so we don't have to pay 30 years of capital gains tax (mambaling was donated to the corporatoin and there is no amnesty for this.). this way the buyer can give us the money because the extrajudicial practically becomes his very powerful deed of sale. after that we can use the P30 million to pay for the P2.8 million inheritance tax, P3 million to Ang, and around 500k each for tito bertie and tito gerry's inheritance tax. the deed of sale to the buyer can't go through unless tito gerry's and tito bertie's estate is settled first. of course we will take out the inheritance tax of tito gerry and tito bertie from their share of the distribution of what's left over (around P2 million each).

note that many interested buyers told us they would buy the mambaling property if the right of way issue is resolved. i'm currently working with the baranggay captain of mambaling to resolve the right of way issue. i'm refraining from involving anyone else because the family who is occupying our right of way (isaac's heirs) have a history of violence and making death threats. they already constructed an auto shop on our right of way. resolving this issue requires STREET SMARTS AND VERY CAREFUL DIPLOMACY.

atty oscar and his wife melanie had the good heart to make sure we can pay the estate taxes before the amnesty expires. tito bertie became his good friend during all those years of court battles with salvador ang and BPI bank and i made him realize that tito bertie's family is suffering economic hardships and many elders in the family need the funds for life saving medical treatment. so now there will be 2 documents - 1) the simple extrajudicial without deed of sale 2) an agreement that would pay atty tan the fair market value of the mactan lot and main house front lawn OR the deed of sales for mactan lot and main house front lawn going to atty tan. if tito virgilio does not sign the 2nd document then atty tan can just use the past written agreements to claim them or sue the estate for damages or court expenses. but whoever signs the 2nd document won't be liable anymore. only those who don't sign will be liable if atty tan sues the estate and wins. if you choose not to sign and battle it out in court with atty tan, you have to be ready to attend hours and hours of court hearings and pay a lawyer a lot of money to represent you. your chances of winning will also be small because a the 1999 written agreements exists where we promised to give the main house front lawn and mactan lot to the sosas if we win the case. tito virgilio feels we can win the court case because the titles are still with salvador ang therefore we never really won the case or the properties were never really recovered. therefore the sosas don't deserve the mactan lot. i consulted my lawyer and he said that argument won't hold up because the value of all the recovered properties is around P100 million and we only need to pay salvador Ang P3 million to get the titles back. so the sosas miraculously recovered P97 million for us. i say it's a miracle because we signed the deed of sale, we gave Ang the money and we surrendered the title. even my lawyer can't believe how the sosas managed to recover the properties. tito virgilio says it's because the judge was the ninong or ga luhod sa kasal sa iya anak (doreen or monica i forgot which one). but imagine saying that in court. the judge will be very angry because we are basically demonizing the judges saying they make decisions not based on merit but based on personal relationships. not only will we lose the case the judge will probably charge us with contempt of court if we make that arguement. so if you choose to not sign the 2nd document and contest the 1999 written agreements in court, don't make that argument.

i forgot to add that tito virgilio also mentioned that it was actually atty palaganas who won the case for us and we should give the reward to the heirs of atty palaganas. i want to agree with tito virgilio because i can never forget atty palagana's very beautiful daughter wearing a swim suit when we went to the beach with them. tito virgilio may also have a point but if we don't have documents to prove this, then this argument won't hold up in court. if tito virgilio has the documents then maybe you can have a meeting with him and post your opinion in this chat group based on the evidence. but note this issue is not really important. at least the P170 million (P19 million each) worth of inheritance is now safe and secure.

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