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1/7/21 update on toledo

i finally got to talk with terdy and macris from transco (formerly napocor). they told me transco only pays for the land they used for the towers if it's a private titled property. the amount they pay is whatever is the zonal value. they said if it's forest timberland, they only pay for the trees they cut, which they already have because their policy is they never cut a tree without paying first. that explains the P24,000 payment to tito bertie from transco i found in our records. i didn't tell them 4126 and 4127 is 2/3 forest timberland according to the CLUP we just got from toledo tax mapping office.

at first i thought maybe we can still get it titled because 4126 is 1/3 mining and 4127 is 1/5 mining according to the CLUP. atty charter (my neighbor in gemsville) told me his friend is the head of ROD in toledo and he can title any property with a tax dec. we will soon be getting tax decs for the 52ha of our toledo lots (which includes 4126 and 4127). atty atup is just creating the proposal (lawyer fees). but i downloaded the zonal values from BIR and found out the zonal value for forest timberland in toledo is only P20/sqm. PATAY !!! attached is the excel file. however if you look at the excel file, none of the areas under poog, DAS, and media once are classified as A36 or forest timberland. the cheapest zonal value under those barangays is A49 or hilly lands, which is P50/sqm.

the zonal value for plain lands is P100/sqm but i called maldo and he said only 1ha of the entire 4126 is patag. i also looked at the satellite view in google maps to verify this (i figured out the approximate boundaries of 4126 based on the river, creek and estimate width based on the square root of 605,000). however, there are A36 forest timberland areas in the other barangays in toledo, all with a P20/sqm zonal value.

however, they also told me that if we only get paid for the trees cut (not the land / sqm), the 3 hectares they used for the towers is still ours. which means we can still sell it. if we find a way to get it titled and get paid by transco, the 3ha will now belong to transco. meaning our 38ha (32ha 4126 + 6ha 4127) will now be just 35ha. also note there have been interested buyers of toledo at P100-200 /sqm. if transco pays us, they will only pay at best P50/sqm if we get lucky, and possibly P20/sqm if they really classify it as forest-timberland. so we should forget about the payment from transco.

now let's talk about the possible payment from land bank for the CARPed 27ha. i googled and downloaded the land owner compensation formula (https://media.dar.gov.ph/source/2018/09/04/ao-2011-07.pdf). if the property does not generate income, the formula is 70% of the zonal value + 10% of market value. market value is what they use for realty tax which is very low so let's just ignore it. now we know our worst case scenario for payment from land bank. if they classify it as forest timberland, then 70% of 20/sqm is P14/sqm. we will only receive 270,000 X 14 = P3.78m. it's small but at least we can use it to pay Salvador Ang. the best we can hope for is that if you look at the excel file, there is no area under poog or media once classified as forest timberland. if land bank classifies it as hilly land, then we get 70% of P50/sqm = 35 X 270,000 = P9.45m, which is enough to pay our estate taxes of P6.5m and Salvador Ang's P3m.

but the spreadsheet contains some good news. .4ha of our property is along the national road, where the zonal value is P700/sqm, so we can sell our .4ha for P2.8m. our 6ha 3816 and 3817 is along the baranggay road, which has a zonal value of P500/sqm. so we can sell it for a whopping 60,000 X 500 = P30m. considering that our 52ha is classified as forest timberland with a zonal value of P20/sqm, P150/sqm offered by the buyers should be a very good price (150 X 520,000 = P78m).

note the excel file is consistent with the appraisal of our guba property along the barangay road which was given a zonal value of 760/sqm (higher because it's closer to cebu city than toledo).

by the way i talked to atty atup over the phone and he said they will be filing for reconveyance of the 10ha 4143 because what DAR did was illegal and there already is a court order saying the property belongs to us. what it means is the titles of 4143 will be trasferred to our names instead of cancelled.

12/22/20 good news and pep talk

lots of good news today. please read all my messages. scroll back to make sure you didn't miss any. it's the only way to avoid misunderstandings so we can be united and work together as a family to achieve our common goal. here's a collection of all my messages in chronological order - http://covid19.wiki-site.com/index.php/IansMessages.

first good news - atty gines already filed a motion for the hearing. the hearing will be published on Jan 4 and 3 weeks after that, there will be a hearing then the court order to annotate the title. atty gines told me the buyer, named ML Durano, also visited him and was happy of the progress.

the 2nd good news is that my tita citcit (mama's best friend) introduced me to a notary who will only charge us around P25k for the 3 extrajudicials. the unchuans have been using this notary for a long time without any issues. tita citcit literally saved us P375k. what's even more amazing is that unlike other notaries who required that all heirs not in cebu give an SPA to someone who is local, this notary said duplicate originals are ok. for us this is a life saviour because tita jane is not comfortable giving an SPA and it might be a while before she is vaccinated so she can safely come to cebu. another big thing we should be happy with this notary is that unlike other notaries, the heirs don't have to physically go to his office to sign. he just needs photocopies of the IDs. this would make it very convenient for us because there are 15 heirs in cebu that needs to sign. we should be very thankful to my mom who had the presence of mind to ask tita citcit if she knows a notary that won't charge us an arm and a leg. this is why it's very important everyone reads my messages because you never know when you can contribute. team work is very important and good communication is essential in team work.

here are the new instructions:

for tita georgia: 1. print 8 copies of the extrajudicial (latest version which is tito virgilio's version), 4 copies of the deed of assignment, and 2 copies of the loan agreement. also print 8 copies each of tito bertie's and tito gerry's extrajudicials. note that you can just print 1 copy and photocopy it if

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