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From Covid19
9/4/21 NGCP tower in 4130-C-2
i finally got the sketch map of the partitioned 4130. these are the official and exact boundary distances. of our parcel WHEW !!! i was so relieved to know the width at the NGCP tower area is around 29 meters (my initial estimate was only 20 meters). the tower is 10 meters which leaves 19 meters for the road, more than enough for 2 way pass of big dump trucks. the hauler for the clay and the subdivision developer require at least 16 meters. the geodetic said it will take around 3 months for the approved plan to be done. i will submit a copy of the approved plan to macris and terdy of NGCP so we can be compensated for the tower. i hope it would be a monthly rental and not a one time payment. (i'm afraid someone in the family might prematurely use their share for down payment of a car if it's big enough giving me more headaches assisting them with monthly payments. hehehehe. just kidding. but seriously, it will be a while before we start getting income from the hauling and sale of subdivision lots so please pugong lang sa ta. discipline lang usa). before it was NGCP chasing after me wanting to pay for the tower but i was the one running away from them because the zonal value was still forest timberland which has a very low payout but now it is classified as residential, it would be NGCP's turn to run away from me because the zonal value just skyrocketed. hahahahah !!! real estate is like a chess game.
this is the proposal letter i sent to the villarazas for the right of way - https://docs.google.com/document/d/1qOAZiFJJZkF4F3xJ_1h3KgcB4J5r0G-c/edit?usp=sharing&ouid=107410195113279687096&rtpof=true&sd=true this is the sketch of the proposed streets: https://photos.app.goo.gl/WADK9WgD9M7xkaKe7 the blue line is the proposed dida street. the red line is the proposed munding street. the administrator of 4128 (theresa garces) and 4135 (nathaniel sejismundo) did not require a proposal letter they will just sign when atty balili is done with the MOAs. all direct heirs will eventually have a street named after them. the signing of the MOAs is expected to be completed next week.
9/4/21 updates
just added 9 more mojons. 164 more to go - https://www.facebook.com/media/set/?set=a.10165472236100321&type=3
i just finished collecting the requirements for the MOA that would give national road access to our 38ha 4126/4127. atty balili is now drafting the MOAs. i met with the owners of the other lots and they were happy and excited to sign the mutual MOAs. atty balili said the annotations in the titles and tax decs don't need to be approved by court because it's not a sale. it's just a mutual exchange of road right of way. meaning they won't own any part of our lots and we won't own any part of our lots. but nobody will be able to block Dida road (via 4135 and 4136) and Munding road (via 4128). this will increase the value of our toledo estate 5x from P60m to P300m.
and as i told you, soil tests have already been done and results show our lots are rich in rare clay needed for cement manufacturing so we will be selling the waste to APO cement at P500/truck as we develop phase 1 and 2 of crystal heights subdivision. this will give us continuous cash flow as the subdivision phases are still being developed (there will be 4 phases).
barangay captain alferez told me a bad news. he said the lot owners of the road he built that passes through our 10ha 4143 won't donate the road to the barangay. they are demanding lots of money from the barangay which is too much for the barangay's budget. so there is a chance our 10ha 4143 would be trapped forever.
out of the goodness of my own heart, i offered the owner of another lot beside our lot 4129 (lot 4131) access to our roads even if he had nothing to give us in return. he gave me the needed requirements for our MOA and he was very happy and thankful. he told me he also owns a nearbye lot with frontage to national road. i asked him the lot number he said 4138. i almost fainted when i looked at the cadastral map and saw it's the lot right beside our 4143. i feel lola dida and lolo munding guided me again.
i asked captain alferez why he is interested in partnering with us to supply clay to APO cement when the sand and gravel waste he is getting from atlas mining (carmen copper) is much more lucrative (P8k/truck). it would only tie up the 3 trucks that he owns delivering much cheaper clay to APO cement. he said the free sand and gravel he is getting from atlas is actually not that profitable because he has no rock crusher. he can only get the smaller grains that are mixed with fine soil and after the expensive process of washing and filtering, he only gets 40% sand and gravel. it's only profitable if he has a crusher where he can haul the big rocks and crush it but he does not have the capital to buy a crusher which cost P28m. he is also worried DENR might go after him for dumping the excess soil in the ilag river for it to be washed out when it rains.
a councilor from poblacion toledo city happened to be in the office and heard our conversation and offered to partner with kap to help him with the capital to buy a crusher. they started brainstorming where they can buy a second hand crusher. maldo offered them his expertise from the DC crystal days. they were shocked and impressed at maldo's expertise who told them to get a mobile crusher and suggested specifications and features of the crusher that i didn't understand. they were also impressed that maldo knows the current big players of the sand and gravel industry.
gikom just spent almost a million for the infrastructure of his lechon business and i just got a call from the subdivision association telling me operating a business other than a sari sari store in the subdivision is against zoning laws and the neighbors have been complaining because of the smell when pigs are being delivered. i told them to setup a meeting with the association and the neighbors who are complaining maybe we can work something out. unfortunately, gikom did not ask for my advise before starting his business. my autistic brain would have easily forseen that possible pitfall. i have zero knowledge of the sand and gravel industry but i have autistic street smart business instincts and that's more important so i decided to help the barangay captain and the councilor with their business plan.
1) first i asked them if they can secure the permit? because i heard nobody can get a license to quarry anymore. they said yes that's true but we won't be quarrying. we will just be selling the waste from atlas. getting the permit to sell is a very quick process in capitol that does not even require any under the table.
2) then i warned them what if the waste from atlas runs out? they said they will show me the huge mountain of waste that would take 50 years for multiple operators to deplete and right now there are only 2 operators. they said a single crusher can easily income P100 million a year (which is hard to believe because if that's true tito mike would be a billionaire by now).
3) i told them they also need capital to buy the dump trucks. they said they could easily rent dump trucks for P160k/month or P6k a day. there is an oversupply of dump trucks. i told them they will also need to hire/train/interview drivers. will they be insured? how much is the insurance? what if the driver is a drug addict and ends up in a accident and we will have to pay millions in reparations? they laughed and told me there is also an over supply of drivers and insurance already comes with the rent.
4) i told them what if atlas suddenly decides to crush and sell the rocks themselves and stops outsiders from getting their waste? TOINKS !!! they laughed and thanked me for warning them about the unforseen risk. they decided not to go ahead with their business plan.
5) then i told them what if we offer atlas to dump their rocks in our lot 4126. we could also start collecting the rocks and dump it in our lot 4126. we would only buy the crusher if the mountain of rocks is already big enough to recover the investment for the crusher. they all exploded in amazement at my brilliant idea.
6) but i still wanted to make sure the demand for sand and gravel is stable. they told me the P10 billion mandani bay project in mandaue is getting it's sand and gravel from leyte via a barge. hahahaha !!! turns out maldo also knows the operator who is barging sand and gravel from leyte.
7) luckily for us, the head of legal department of atlas (carmen copper) atty cathy fortanoza is one of the parcel owners of lot 4130 and she texted me thanking me for making an approved subdivision plan for 4130 (which cost P40k in addition to the P50k of the survey). i told her i will give her a free copy of the subdivision plan. she thanked me for being a kind hearted person. so now my next move is to talk to atty cathy fortanoza and see if there is a way she can convince atlas to dump their rocks in our 4126.
if this plan pushes through and mambaling gets sold, i suggest each direct line of heir contribute P1m of the P3m they will be getting to buying the crusher. the barangay captain and the councilor can provide the rest of the P20m. the 3 of us can earn around P30 million a year or around P3 million per heir. so you only need to invest P1 million and get P3 million a year return. sounds too good to be true. but anyway. whatever. we will see.
8/19/21 more good news on toledo hauling
i talked to barangay captain alferez just a while ago offering to partner with him on hauling because he already has the trucks and equipments in case the other hauling contractor backs out. his number is 0995-304-7418. i have his number because he has been helping us deal with our occupants in 3816 and 3817. he said yes he would be happy to partner with us and we should never worry about finding someone who will buy our excess soil from subdivision development. the demand is always bigger than the supply and there are always lots of projects needing abuno. the standard is P500/truck to the hauler and P3k/truck to the buyer. tita citcit (unchuan-toledo) also told me this. captain alferez told me we could also sell to APO cement because they are always in need of clay soil as input to their manufacturing. he said the soil in poog has been tested to have high percentage of clay. he said he can immediately do 20 truck hauls a day on our 4143 since it already has a road. i told him we should first reconvey the titles so i will ask our lawyer (atty balili) to immediately start the reconveyance of 4143. note the reconveyance is a sure thing we just don't know how long it will take because of the pandemic. that should give us P10k/day income or P300k/day. and if the hauler for san fernando wharf reclamation proceeds with our contract, they have 20 trucks which can potentially earn us around P1 million per month. no matter what happens at some point we will be earning a lot on hauling. captain alferez also said we need to pretend we are developing a subdivision and we are just selling the excess soil to APO cement. so might as well develop it into a subdivision then sell the subdivision lots. i offered him a 50-50 split which is standard. note this is different from the 4130/4129 (3.5ha) subdivision development joint venture with aroha land. so now we have 2 subdivision developments and 2 hauling operations simultaneously happening in parallel. next week i will follow up with theresa garces (4128 owner) and villaroza (4136 owner) to do an MOA with them on a mutual exchange of road right of way so i can approach the other hauler and find out if they will proceed or not. these initiatives will provide economic security for your kids and grandkids. it will provide stable cash flow for the next 20 years.
8/17/21 virtual court hearing and estate tax updates
there will be a virtual hearing tomorrow wednesday 8:30 am cebu time for appointment of regular administrator. here's the link:
Or call in (audio only) +63 285400474,,36977106# Philippines, Manila Phone Conference ID: 369 771 06#
atty bailili told me today that the IRR (implementing rules and regulations) of BIR has been approved. but the BIR did not allow us to pay yet because the rules on administratorship is vague. unlike the previous rules where we can do an advanced payment before our Settlement Plan (SP) is approved by the court, the new rules does not explicitly state whether we can pay before the approval SP or after. BIR still need to sort it out but i think we should be able to pay before the SP approval because the estate tax is one of the inputs of the SP. or else it would like a catch 22. anyway, mr. lao said he will deposit the P4.5 million he set aside for the estate taxes to our estate account so that we can at least earn interest.
the SP includes the petition by the heirs on what to do with the properties. example in hour case the main house goes to tita georgia and tito mike, pahina goes to lola ica's heirs, then the rest is sell and divide. but before we can submit our SP, a regular administrator needs to be appointed. the hearing is tomorrow. then after me and tita georgia are appointed, the court will publish an order in the newspaper for the claimants of the estate to submit their claim within 6 months. after the 6 month deadline, there will be hearings on the claims that were submitted. once the claims have been decided and approved by the judge, the claims will be included in our settlement plan and the judge will then finalize and approve our SP.
8/11/21 updates
contents:
1. good news on toledo hauling 2. christian's post on new titling law 3. re-issuance of main house title and status of titles with Ang
1. good news on toledo hauling
good news !!! theresa garces found her administratorship oath !!! turns out she even paid the bond and everything. this means it's much simpler and quicker to sign an MOA that gives our 48ha 4126/4127 access to the national road in exchange for also giving them access. after the MOA, we will visit the office of the hauler and clarify if they will proceed or not. if the hauler backs out, we will approach the reclamation contractors of san fernando wharf and toledo airport and partner with barangay captain to do the hauling ourselves. and once we accumulate enough capital we will buy (or lease) our own trucks and backhoe and we could triple our cash flow from P1m a month to P3m a month.
there is also a possibility to net an additional P5 million a month from the sand and gravel waste of carmen copper. barangay captain alferez is currently one of the contractors with only 2 trucks but according to nathaniel (administrator of 4135), even 100 trucks won't be enough. so we can join forces with captain alferez. we are in the best position because of the size and location of our 4126/4127. right now the waste is just piling up and it's ALMOST LIKE THE SIZE OF A MOUNTAIN. this is probably what the mayor of toledo wanted to talk about when she approached tita georgia regarding carmen copper. but so far the mayor has not contacted us again.
the good news is that the head of legal department of carmen copper, atty cathy fortunazo, is one of the parcel owners of 4130 and she is happy that we will be titling our 4130-022 and having the subdivision plan approved because she will also benefit. i will try to become closer friends with her and hopefully she can help us get the deal with carmen copper.
nathaniel said they originally had the rights to haul the sand and gravel waste from carmen copper but congressman tony cuenco used his connections to steal it from them. now cuenco passed away (from covid) so it's up for grabs and that's why the waste is just piling up. this is also why we are desparate to sell another property (mambaling or guba) so we will have enough ammunition or cash hoard to do whatever it takes to secure this deal. even if nathaniel recovers their rights, he said he will need to partner with us because we are the only ones with access to the national road and space big enough to process the waste (ayag and washing) and park the dump trucks.
2. christian's post on new titling law
i read the summary of duterte's new titling law and as far as i know this would really help us. atty balili also confirmed the new law is a big deal and would be a very big help to us. the good news is i already secured the alienable/disposable certifications of our untitled lots. so it looks like we already have the requirements and we just need to submit it.
3. re-issuance of main house title and status of titles with Ang
we will be filing for re-issuance for the main house title. it is very important for everyone to keep in mind that during the hearing, if the judge ask about the main house title, do not mention anything about atty tan. the judge might set aside another property to make sure we are able to pay atty tan and this will lessen our options and flexibility. note that the reason we were given the authority to sell pelaez and mambaling was because of the amnesty deadline, which at that time has not yet been extended. if it wasn't for the urgency of the amnesty deadline, we would never have been allowed to sell any property until we settle our debt with Ang.
right now many heirs are still struggling with tuition fees and medical expenses and as administrator it is my responsibility to give school tuition and medical expenses the highest priority. therefore we need to keep as many options open in case the toledo hauling and deal with carmen copper does not materialize. the ROD required us to file for re-issiance for the lost title of valles so it may take a while before mambaling can be sold.
atty tan was initially upset about the administratorship but when i asked him what could have been our other option to beat the amnesty deadline besides administratorship, he was not able to answer and he probably realized that if i did not file for administratorship, there would be no chance the mactan lot can be transferred to him anyway. especially that it was starting to be obvious to most heirs that it will take us 50 years to sell a property because there were many things that need to be done to complete the extrajudicial and it was taking us more than 6 months just to do a single item that is suppoes to take only half a day to complete. so even if Ang accepted our P3 million offer we would not have the money to pay the estate tax and payoff Ang anyway.
the administratorship is a big advantage for us because it ensures we only pay the fair amount of what we owe Ang and atty tan. this is why Ang and atty. tan were very against this administratorship, because although they will surely be paid the fair amount that we owe them, it will be a lot less than they expect. without the administratorship, atty tan would have higher chance of getting mactan lot (~P35m) and main house front lawn (~5m) especially a written agreement exists. but just for the record, if i were to have it my way, i would just comply with whatever is in the written agreement with atty tan because i blindly follow oral and written agreements. but i am bounded by my duty to carry out the wishes of the majority and we have to follow whatever the judge decides. and atty balili says most likely the judge will just award P3m-P5m to atty tan. if i were atty tan i would be very happy with that amount.
as for Ang, let me tell you what actually transpired between me and Ang that i haven't told anyone for fear it will overly stress some of the heirs. this would explain why he was demanding P43 million during the hearing. while we were still working on the extrajudicial, atty mark told me we can't do extrajudicial unless we pay off Ang' s debt and remove the annotations on the titles. so i offered Ang P3 million as recommended by atty tan. Ang asked for formal written offer. i asked atty tan to make the written offer but atty tan told me to make it myself so i did. for 2 months i followed up with Ang once a week but Ang would say he is still trying to decide. finally he told me he is willing to sell the properties back to us but we need to offer the current market price for the properties. i was so shocked and angry at him. that's when i realized he is a bad person and there's a high probability he swindled lola dida. he was implying that the properties were already his and if we want them back we will need to buy it back from him. that explains why in the hearing he was demanding P43 million. all this time his position was he already owns our properties. which means the extrajudicial was never an option and administratorship was our only option.
luckily the judge sided with us in the hearing and approved the authority to sell because of the amnesty deadline. the authority to sell also seals our claim and puts the final nail on the coffin on Ang's claim. the biggest win that this administratorship gave us is that because the court ordered the authority to sell, the court has no choice but to order Ang to surrender the titles. becauses a sale can never be complete without the original owners copy of the title. atty balili said the motion is already ongoing to recover the titles from Ang. it's just a matter of time. this also proves atty tan was really a big help to us in winning the court case against Ang and we need to compensate him. this debunks the claim of some heirs that we don't owe atty tan anything because the titles are still with Ang.
7/31/21 explanation on estate tax delay
tita jane's concerns
Ian, I have been asking for actual receipts and actual messages. I’m not satisfied at all on just messages between you and Atty. Balili. You paid Atty. Balili and negotiated P1.2M as broker’s fee without consulting us, the direct heirs as far as I know. I was just flabergasted reading your summary on where the Pelaez sales are distributed. What has Atty. Balili done so far with the P1.2M First—No receipts or no actual proof that estate taxes were paid. When Georgia and I paid the taxes at City Hall, we are immediately given the receipt and it all applied when I made negotiations to all branches of government. 2. Authority to sell Pelaez and Mambaling - where is that legal authority. It was just your message being sent not the actual legal document from the court. 3. A proof of court order from the court that we need to submit all the Original titles of our properties.
The main purpose of selling Pelaez first of all to pay the estate taxes, pay you of the P1.2M you paid and Ang were not done at all. It is the same thing that happened to the sale of Lawa-an 1 & 2. Nisamot ka dako ang utang sa mga heirs karon - estate taxes, Ang, Lao and Ian and all of these will put a lien on all our properties. Sige ug patong ang interest sa estate taxes. Not mentioning the extra-judicial. Que sera sera
my response
tita, i don't want you to be unecessarily stressed out. there is absolutely nothing to worry about and so many things to be happy about regarding the estate. i will try my best to explain to you. first let me break down what you are saying:
1. I CAN PAY THE ESTATE TAXES 2. BUT I WON'T PAY THE ESTATE TAXES
now just look at everything i've done for the past 2 years ask yourself, why would i do that? it's like i climbed mount everest to find gold and when i finally struck gold i just threw it over the cliff. if you still believe i would do such a thing, then that means you don't trust me and there's nothing i can say that can make you understand and be happy. the good news is you can call the BIR or atty george quimpo or tito virgilio and ask them to verify this information:
it will take a while for the BIR to finalize the IRR (implementing rules and regulation) for the new amnesty law. until then, no one, not even duterte can pay estate taxes because the BIR can only process payment by following the IRR. actually if the amnesty was not extended, we can pay the estate taxes tomorrow. sounds ironic? that's because they already reserved a slot payment for us and the payment will just be processed using the old IRR. because the amnesty was extended, they had to cancell the old IRR. there is no IRR in place to process any amnesty payment which means nobody can pay any amnesty tax until the new IRR is in place.
the lawaan situation was very different. the estate taxes was very big because there was no amnesty yet. the estate taxes were not even computed yet !!! nobody in the family even bothered to gather the requirements and get an estimated computation from the BIR so you will have an idea how much to pay. yes the money was there after the lawaan sale, but nobody had any clue if the money was even enough to pay the estate taxes. tito virgilio is a broker he could have advised the family that it's very easy to get a computation from the BIR by simply getting all the list of holdings, tax decs, titles, and no improvements.
i know you are concerned with not repeating the same mistakes in the past. the mistake of the past was that everyone expected that everything will just fall from the sky. that is the culture that i'm trying to change. that's why i'm writing these long posts so everyone will know that to get anything done involves lots of effort and sacrifices and the mistakes of the past won't be repeated.
this time, the money is ready. we know the exact amount - P4.5m. if the estate taxes are not paid, then that means mr. lao wasted P14 million of his money because he will never be able to even get a building permit and pelaez can never be tranferred to his name. these facts alone should be enough to conclude there should be nothing to worry about regarding the estate taxes. nobody in their right mind would throw away P14 million and just forget about it.
regarding the broker fee, it is clear in the LOI that atty balili gave us. we all accepted that LOI. tita georgia already explained to you a few weeks ago about this.
i will post the authority to sell and court order to submit an inventory. the deadline of the inventory was you can also call the clerk of the judge bagano. his name is rey impas. his number is 0932-579-2917. you can verify with him that the judge is angry at me and atty balili for not submitting an inventory. we cannot submit the inventory yet because if i say the titles are with me and i cannot produce it when asked, i can be charged with pergury because i signed the inventory saying i have the titles with me. you can even talk to judge bagano directly. his number is 032-512-6411. just make sure to never mention that the titles are with you.
the deadline of the inventory was may 29, 2021. it's clear in the order. that's why the judge is very angry at me. why haven't i submitted the inventory? because i will have to indicate the mambaling title and toledo titles are with you. then the judge will be angry why i haven't taken possession of all the titles when that's my primary responsibility. then i will have to say i already asked you to mail it to me but you haven't. then the judge will be angry at you and maybe remove you from the hearings or signatures. you might be even charged with contempt. that means i'm sacrificing myself just so that you won't be in trouble. i'm trying to protect you. you can verify all this with rey impass. but again, make sure you don't let them know the titles are with you. just make up a hypothetical situation.
atty balili informed me the judge might remove me as administrator because i did not submit the inventory. i'm not really worried because i know whoever becomes administrator already knows it involves lots of time and sacrifice to meet our goals and objectives. all the information that the new administrator needs is in our wiki. it's also like a chess game involving wits and maneuvers. it also involves lots of PR. last wednesday i treated the toledo assessors to dinner and karaoke. the biggest item on our plate right now is the toledo subidivision development and hauling. the hauling could give us P1 million a month income and the subdivision development has zero risk because it's a joint venture and it happens gradually in small phases. it's like we can test the waters at each stage before we proceed. what i really love about this plan is it stretches for 30 years which means the future generations have economic security because there is no chance for an irresponsible heir to squander away all his/her inheritance. the money will be very big but it will trickle in slowly for the next 30 years. here's a photo of my latest chat with the developer and other lot owners so you know their names and how to contact them. also notice the emphasis on diplomacy. dimplomacy is very important. avoid conflicts and confrontations because it won't get us anywhere.
https://photos.app.goo.gl/ZixcXi8ABPZFDuvq9
7/30/21 updates
contents:
1. 4130-prt survey 2. mambaling and toledo titles 3. additional roads going to our 4126/4127 (38ha) 4. NGCP towers 5. mining interests 6. possible MCWD and carmen copper encroachments
1. 4130-prt survey
whew !!! we finally completed the survey of the 4130-prt (.4139ha). it took long because we encountered lots of obstacles. first we had to survey the entire 3.5ha of 4130 and while we were surveying a month ago, one of the parcel owners, atty. cathy fortanoza told us it's already been partitioned and she has the subdivision plan. i requested a copy from her but she said she is attending a funeral of her brother in law and will message it to me in 2 weeks. 2 weeks ago she sent the subdivision plan but it only had 3 partitions. luckily, the owner of 4135, nathaniel sejismundo who is now my good friend gave me a copy from tax mapping showing the 8 partitions. engr. norvic said he can compute the coordinate locations based on the area in the tax dec and approximate form in the tax mapping map if i can confirm the parcel number. on tuesday i went to toledo to verify our parcel number and the assessor told me it's parcel 022. on wednesday, we started the survey but the surveyor cannot plot the coordinates without the areas of the parcels besides ours. so we went back to the assessors to get the areas of all the 8 parcels. the surveyor (frederick amado) was surprised the assesors were very quick in helping us and gave us anything we need. hehehe. we went back to poog and finally completed the survey. 4 mohons done, 173 more to go !!! i took pictures and posted it in my FB so any heir can locate the mohons - https://web.facebook.com/media/set/?set=a.10165472236100321&type=3. the album is well organized. all the photos are grouped according to lot number.
the good news is it should be smooth sailing from now on because all the other lots have a technical description (which i also posted in our fb album).
2. mambaling and toledo titles
we went ahead and filed for re-issuance for the titles of mambaling and 3 toledo titles because the judge got angry at me for not performing my duties. last month, tita georgia informed me tita jane was already mailing it so i did not file the re-issuance to save us a lot of money and just indicated in the inventory i had it on hand. so last week when i submitted an inventory of the estate and the titles were missing the judge called atty balili and scolded him.
3. additional roads going to our 4126/4127 (38ha)
theresa garces was not able to find her administratorship oath so this monday i will accompany her to the talisay court to try and get a certified copy (if there is no lockdown). her oath is needed for us to sign a mutual MOA where we give them access to the national road and they give us access to our 4126/4127 (38ha). it is also need to start the subdivision development and hauling for the san fernando wharf reclamation project (where we can income P1 million a month).
maldo was able to located and contact the owner of 4136 (villaroza). their administrator happily agreed to give us access to our 4126/4127 if we give them access to the national road. once we sign the MOA, we can start the subdivision development and hauling. so this is our backup in case the court clerk cannot find the oath of theresa garces. we will need to pass by 4135 but the owner (sejismundo) is not an issue because their administrator nathaniel is a super nice guy and now my good friend. he was very instrumental in helping me mediate the conflict with the garces. he is very happy their property will quadruple in value because we will also give them access to the national road.
barangay captain alferez also informed me he is currently trying to open up a road from our 4126 that will exit in lutopan via carmen copper roads (formerly atlas mining). he said he needs the road to shorten the trips of his dump trucks collecting the waste gravel from carmen copper.
that means we now have 4 possible roads going to our 4126/4127. the 4th is the road that already exist (entrance is accross the mormon church). captain alferez is trying to make that road a barangay road.
4. NGCP towers
if you look at one of the photos in or FB album, note there is an NGCP tower in the middle of our narrow 4130-prt. luckily there is still a 7 meter space on both sides of the tower for the dump trucks to pass 2-way. after we get the subdivision plan approved by DENR, i will try to get compensation from NGCP. i already talked to the person in charge before. note there are 2 other NGCP towers in 4126/4127. i'm waiting for our 4126/4127 to be titled so we can get a higher compensation from NGCP. right now our compensation would be very small because it's forest timberland (imminent domain). luckily, i already had it certified by DENR as agricultural. unfortunately there is no more free patent filing so atty balili will need to do judicial titling. it will probably take us a year. i already got the requirements list from DENR.
5. mining interests
one of the parcel owners of 4130, atty cathy fortanoza works at the legal department for carmen copper. she said she will try to explore the possibilities of including our 4126/4127 in the mining operations of carmen copper.
tita georgia also told me that the mayor of toledo called her and asked if we are interested in having our 4126/4127 mined for copper. i told her of course we should be open to that option.
6. possible MCWD and carmen copper encroachments
maldo told me he was inspecting the entire 4126/4127 and found out MCWD and carmen copper is probably encroaching on our property. maldo said he knows where the boundaries are because lolo munding showed it to him. i think we can also get big compensation from MCWD and carmen copper if this is true. we will know after the survey.
7/25/21 status report
1. estate tax
our CARS/receipt has not come out yet. atty balili messaged me saying he is still waiting for the new IRR in light of the new extension. i will post the screen shots of our chat, which includes my request for assignment of main house to tita georgia and tito mike as our next mission. the CAR/receipt of the estate tax of lola ica's heirs hasn't also come out yet. the person in charge luz arnado (261-0627) says the systems are very slow and they are overwhelmed with tons of estate taxes filed just before the deadline. note i paid the P5,300 estatet tax of lola ica and lolo sergio on june 7 and luz arnado advised me to follow up next month. it's not something to worry about since we already met the deadline. i'm also posting the status update i posted on the chat group of lola ica's heirs.
2. toledo subdivision development and hauling
the reason i wasn't able to post the status report recently because i was so busy with the road right of way (ROW) going to our 4126/4127 (38ha). if i'm successful this would easily increase the value of 4126/4127 by P300 million. right now it's only P200/sqm but if we get a permanent road built from the national highway it will easily increase to P1,000/sqm. as i posted before, i'm making a deal with the owner of lot 4128 (5ha) to give us access to our 4126/4127 in exchange for us giving them access to the national road (via our 4130-prt/4129). the obstacle is that 4128 is still under vicente garces who died in 1971 and there are dozens of heirs. the good news is that their estate (which is composed of around 150ha of properties in toledo, talisay, and minglanilia) is under administratorship. the problem is that there are 2 warring factions in the family, each with their own administrator. so in the past few weeks i was so busy driving to talisay everyday trying to mediate between the administrators of the 2 camps. luckily they are all just neighbors. the good news is they all agreed to make me their administrator because they are sick and tired of all the family conflict and just want to enjoy their inheritance before they grow too old and die (they are mostly 60+ years old). they basically told me that from now on i make all the decicions and both administrators have agreed to sign anything i ask them to sign. they said it's up to me how much comission i will get on any sale of the property. i decided to just get 3%. they also realized their lawyers were not really helping them because they never even knew anything about the estate tax amnesty. WOW !!! they are very lucky it got extended for 2 years.
engr. norvic advised me that we can get mutual annotation of our ROWs with a mere MOA. no need for deed of sale because it's mutual and no money involved. the problem is one of their administrators, named theresa garces (who looks like the female version of tito snooky) lost the copy of her administrator oath. i'm giving her 1 week to find it. this friday if she has not found it i will accompany her to the court clerk in talisay to get a certified true copy.
3. toledo survey and hauling
as i posted before, a hauling contractor for the cordova bridge and san fernando wharf reclamation project wants to excavate in our 4129/4126/4127. this should earn us easily P1 millon a month for 5 years. this will flatten our lot and make it more suitable for subdivision development. i already made a 60/40 deal with aroha land to be our developer. the hauler is just waiting for our MOA with the garces and the survey of our 4130-prt so they can start making the road and start hauling. note that 4130 along the national road is around 3.5ha but we only own 3,800 sqm (.38ha). DENR can't find the subdivision plan, good thing i was able to secure the partitioning from tax mapping. but it did not contain the technical description and it does not indicate which of the 8 partitions belong to us. so i will go again this tuesday to get our assigned index number. there are 2 good candidates based on the boundaries of the tax dec but we are not sure which one of the 2. after we get our index number and technical description from tax mapping, i will accompany engr norvic's team to finalize the survey of our 4130-prt. as i said, i will make sure to take photos of all our mojon locations so we can fence our lots (just a simple barbwire fence). i will post the photos of mojons in my fb (1 album per lot). note there will be a total of 177 mojons for all our toledo properties.
4. mambaling sale
the annotation for ROW of mambaling hit a snag because we can't produce the original owner's copy of the title. i'm trying to convince the ROD to expedite the issuance of new title. if the hauling contractor does not push through, the sale of mambaling is very important for fencing, reconveyance for 10ha 4143, removal of declarants and ejectment expenses for toledo.
7/7 lucky lucky news updates
lots of super good news. this will be quite long but i suggest you read and try to understand everything so you will be happy and not get stressed out for no reason at all. if my plans succeed, all your children and grandchildren will have economic security for the rest of their lives. i have not been posting updates lately but that does not mean nothing was happening. actually too many things were happening regarding the estate therefore i was too busy and that's why i had no time to post the updates.
table of contents:
1) estate taxes 2) toledo evictment of occupants 3) drone photos and videos 4) relocation survey of 4130-prt 5) the fake garces 6) crystal heights/crystal meadows
1) estate taxes
we all know duterte already signed the amnesty extension which means we have 2 years to experiment with direct substitution on the 48ha unititled lots of toledo. the zonal value at time of death was P310/sqm so estate tax for the 48ha was suppose to be P9m. fortunately atty balili compromised it down to P200/sqm or P6m. so if the direct substitution succeeds we save P6m. i asked atty balili to give us his proposal on lawyer's fee.
the estate taxes for the rest of the properties were already entered into the system a week before the amnesty deadline expired. which means even if duterte did not sign the extension, there was no problem. but that does not mean there was no drama. i will tell you everything that happened even if it's very long so you will be entertained.
the receipt and CARs for our estate tax is not yet released because the no improvement cert. for guba has not yet been submitted. but there really is no problem because all we need to do is wait for the guba no improvement from assessors. but mr. lao was scolding atty balili because his check for the estate taxes has not yet been debited from his account. which is understandable because mr. lao already gave us P14m and if the estate taxes are not paid he is toast. so atty balili kept on following up with me and tita doris about the guba no improvement. but the only thing me and tita doris could do was go to city hall everyday to follow up. tita doris probably already made a dozen trips to city hall just to follow up.
tita doris requested the guba no improvement cert. around first week of june (a week before the amnesty deadline). it finally came out last friday afternoon so it took a month. atty balili got married on sunday so we will get the claim slip for the CARs and the estate tax receipt when he gets back from his honeymoon.
normally no improvement cert. only takes 2 days to process. tita doris submitted the request on june 7. on june 11 it was not ready so i got worried that the assessors were trying to hostage us in hopes we will offer under the table to beat the amnesty deadline. i began to panick even if there was no reason to panick because our estate taxes were already entered into the BIR's system which means there really was no danger of not beating the deadline. but atty balili did not yet inform me that we were already out of danger, maybe in hopes that i will do everything i can to get the guba no improvement because mr. lao was pressuring him. so i told tita georgia that i was getting nervous. tito jojo called his friend at bombo radyo to call the assessors and tell them to expedite our request.
the assessors did expedite our request. the only problem was, they expedited the wrong request. instead they expedited the resolution of the mysterious tax decs. hahahaha !!! which even sucks because the resolution did not favor us at all. they will cancel all the new tax decs which means we will need to redeem tita jane's house, which will probably cost us around P200k. that's another thing on my long checklist of important tasks.
this is were it got really confusing. an assessor named jerry called me saying the reason why they can't give us the cert. of no improvement is because there is a building tax dec not yet assigned to any of our lots. he said it used to be assigned before our lot was subdivided into 3 but after the partition, they did not know which partition to assign it to. i know our guba lot was subdivided into 2 so it made sense to me. i corrected jerry and told him our lot was subdivided into 2, not 3. he asked me to submit a tax clearance, the cert. tax dec and a letter of request requesting which lot the structure should be assigned to.
i was in toledo very busy organizing the dialogue and negotiation with our squatters. so i asked tita doris to immediately get the tax clearance and i will just refund her. tita doris paid P7,621 for the property tax/clearance. i also looked at google satellite map and noticed a big house that's looks like it's inside our lot. after checking with rudy, turns out the big house is located near our boundary but not inside our lot. rudy said the tax dec is probably their house that got destroyed by the typhoon. so i called jerry and told him the house does not exist anymore. he asked me to get a certification from the barangay that the house got destroyed by the typhoon. tita doris tried to get the certification, but turns out the tax dec was located in guadalupe. then i noticed the tax dec was for tito gerry's house in the compound. the one i tried to hide from the assessors in hopes they will conclude that tita jane's levied tax dec was tito virgilio's demolished house so they will cancel that auctioned tax dec and use the new tax dec which has no levy.
but i was still relieved, thinking they will finally give us the guba no improvement. but when i went to the assessors to tell them the building tax dec was for guadalupe and not guba, they were surprised why i'm talking about guba. they also asked me why i had to call bombo radyo even if we already agreed on the resolution long ago after they visited our compound. at this point i was totally confused.
after sorting it out, turns out this is what happened. as part of the requirement to resolve the mysterious tax decs, i requested improvement certifications for all our lots in guadalupe long time ago. that's because if you look at the current list of holdings, the assignments of the buildings are all screwed up. tita jane's and tito bertie's house is assigned to the main house lot and tito bertie's lot says there is no improvement. so when bombo radyo called them, they were told to expedite the processing of "no improvement" by "ian crystal". also note that it was tita doris who requested the no improvement for guba. so they all thought bombo radyo asked them to expedite my request for the no improvements of our guadalupe lots. no wonder why jerry asked me "which of the 3 subdivided lots" the building tax dec should be assigned to because he was talking about the mysterious tax decs issue and not guba.
the assessors did have a sound justification why they cannot immediately give us the guba no improvement. it's because they needed to do a site inspection so it's easy for them to find reasons such as the schedule for their transportation service is full. luckily on wednesday duterte signed the amnesty extension. the assessors lost their card to hostage us and that's probably why on thursday they did the site inspection and on friday afternoon we finally got the certificate of no improvement for guba. hehehe.
last week, mr. lao told atty. balili to not wait for the guba improvement and just exclude guba from the estate taxes. then when we get the no improvement for guba we just ammend our estate taxes. luckily atty balili was very busy with his wedding so he did not do it. it would have been such a hassle having to amend our estate taxes.
2) toledo evictment of occupants
on june 20 i had a dialogue with the occupants at the barangay basketball court. the dialogue went smoothly and they were happy with our proposal which is pretty much the same proposal i laid out in the letter which i distributed to the heirs on june 11. the only addition was that i allowed the farmers to continue planting and harvesting their crops until the area they are using will be developed, even if the ejectment has a finality and there is already an order for them to vacate. also we will compensate the farmers for their crops that get destroyed by the subdivision development.
the only problem at the dialogue was the ocangs tried to stir some trouble and started to get a bit rowdy and loud. luckily everyone else already read my letter so the barangay captain and tanods asked them to stick to the agenda. the other occupants where even riduculing the ocangs behind their back and making faces since the ocangs were sitted in the front row. i made it clear we were not there to discuss ownership because it would be a waste of time. even if they succeed in convincing me the property belongs to them, i don't have any power because i'm not a judge or the government and i cannot issue court orders. they should go to the assessors or ROD if they have any questions on ownership.
the 4143 occupants who chased tita doris with a pinuti were also there to attempt to cause trouble. but i simply told them 4143 is not part of the ejectment so there is no reason for them to be involved during that dialogue. don't worry 4143 is a slam dunk case for us. we just need to file a reconveyance and according to DAR and many lawyers i consulted we will surely win and DAR even admitted they made a mistake.
maldo was very amazed at my bravery. maldo has been discouraging me from holding the dialogue and telling me it's very dangerous. he was surprised at how smooth the dialogue went and the occupants were happy.
after the dialogue, a group of occupants who looked like educated people approached me and told me they are already aware the property belongs to us and they thanked me for our generous offer. imagine they would actually make more money with our offer. they only have to pay us P700/sqm for the area their structure is occupying but when our subdivision development is completed their property will easily be worth P3,000/sqm.
i also made it clear we reserve the authority to choose the easement around their structure, to avoid the occupants from moving their fences to make their frontyards or backyards bigger in hopes they can also buy it for only P700/sqm. after the meeting, some good looking women tried to seduce me into giving them the option to buy a small portion near their house. one wanted a garden, another planned to have a guest house, one even wanted a swimming pool. i told them not to worry we will use common sense when determining the just easement for them.
maldo told me he is amazed on how things have turned around since i became administrator. before, him and tita doris were frequently ridiculed by folks in poog and the assessors. people would tell them we don't own the properties and we lost the case and we were only wasting our time and effort.
3) drone photos and videos
i needed to take drone photos of our toledo lots so that if there are new occupants who will come in to take advantage of our offer, we will know and they won't be included in the relocation or option to purchase. after doing some research and getting advise from magz and christian, turns out the drone we need for our purpose is quite expensive (P35k-P50k). bowie is sending us his old gopro drone but it will take time to arrive. luckily, my israeli neighbor named saar offered to drive to toledo and take drone photos/videos of our lots FOR FREE. super nice guy. i just filled up his car with gas and treated him to that famous tuna panga karinderia in v rama. after we were done taking the drone photos and videos, saar educated the locals on how to identify wild psychedelic mushrooms and the locals were very grateful.
4) relocation survey of 4130-prt
as you all know, the hauling contractor is just waiting for the survey result of our 4130-prt so they can start building the road that goes to our 4126. engr. norvic's surveyors finally did the survey for 4130 last week, but we did not have the technical description for the 4130-prt. before that i've been trying to analyze where our 4130-prt is located based on the tax dec boundaries. i was hoping the road won't need to demolish any houses and it won't be blocked by the NAPOCOR tower. engr. norvic told me if it has not been subdivided, it will be him who decides where the location will be as long as it does not violate the boundaries in the tax dec. that's an amazing power to have.
luckily, news spreads fast in poog and after the dialogue i had with the occupants, the administrator for the lot next to our 4129 learned we were developing our lots into a subdivision. he told me he wants their 4135 to be included because it's only 1.8ha and they have no access to the national road. his name is nathaniel sejismundo and he told me his grandfather and lolo munding were good friends. i told him we will give them access to the national road for free. he was very shocked at my generosity. you might be questioning why i'm giving them access to our roads for free. but actually my genrosity paid off big time which you will later realize in this long report. as what tito gerald used to tell me, "what goes around, comes around". that same day he sent me a map of our lots. to my surprise, included was a map of 4130 already partitioned into 8. 2 of the partitions agreed with the tax dec boundaries but we were not sure which one. unfortunately, the map did not have technical descriptions or tie lines for the mojon locations.
while the surveyors were doing the survey and i was taking photos of the mojons, one of the owners of the partitions told us 4130 has already been subdivided and he even has the title. engr. norvic's staff requested the subdivision plan from DENR but was told the plan has not yet been approved. so now i need to go back to toledo to take a photo of the title of one of the owners of the partition because it contains the technical description so the the surveyor can finally finish the survey and the hauling contractor can finally build the road and start hauling so we can start earning P2 million a month (for the next 5 years) from the hauling.
the reason i'm taking photos of the mojons is because i'm planning to fence all our toledo properties. note there will be 177 mojons for all our 8 toledo properties. so this will be a very long arduous task. i will organize the photos in facebook, 1 album per property so in case something happens or i get into a motorcycle accident, anyone can continue our plans. i also trained maldo to take the photos and send them to me so i don't need to be in toledo when engr. norvic surveys the other lots.
5) the fake garces
remember i posted a screenshot of my text conversation with someone claiming to be the owner of lot 4128 named fe garces? lot 4128(5ha) is the lot between our 4129(3.5ha) and our 4126/4127(38ha). i'm giving them access to the national road if they give us access to our lot 4126 which will easily quadruple the value of their lot and our lot. imagine it would easily increase the value of our 38ha 4126/4127 from P100 million to P400 million. the road will also allow us to earn P2 million per month from the hauling that will be used in the cordova bridge and san fernando wharf reclamation projects (part of duterte's build build build program). i already signed the MOA with the contractor.
but when the contractor asked for the required documents from fe garces, she suddenly told the contractor their family decided to back out and they don't want us to build the road. i was shocked. i felt all our plans just fell apart. i thought the garceses were multi billionaires who didn't need the money or maybe their lot 4128 is the sacred burial grounds of their ancestors.
so i informed nathaniel sejismundo that our plans for subdivision development might not happen because garces backed out of our deal. nathaniel told me it's impossible the garces would back out of our deal because they are not billionaires. luckily, he is good friends with one of the garces heirs who lives in talisay. he learned fe garces is not really a garces. she is just the caregiver of one of their aunts but she goes around claiming to be a garces that's why the folks in poog thinks she is a garces. the good news is nathaniel told me that the REAL garces heirs are very happy and excited of our plans to give them access to the national road in exchange for giving us access to our lot 4126. turns out my generosity to nathaniel paid off. what tito gerald said was really true - "what goes around, comes around".
but actually if the garces really did back out, we had 2 other options. nathaniel's 4135 is just 50 meters from our 4126, separated by lot 4136. we just need to approach the owner of lot 4136 to give us access to our 4126 in exchange for giving them access to the national road. the second option is the road that goes through our 4143 and ends up in our 4126. as i said in my previous post, i'm coordinating with the barangay captain to make that road into a barangay road. the problem with that road is only 1 dump truck at a time can pass by and the hauling contractor needs a 16 meter wide 2 way road for the trucks to easily go in and out. the trucks can't park along the national highway so we will need to reconvey our 10ha 4143 sooner than planned so the trucks can easily park while waiting for their turn.
here are some interesting facts just to entertain you. the barangay captain told me the garces of lot 4128 are the heirs of the former mayor of talisay vicente garces. i googled it and found out in wikipedia that he was the close colleague of vicente sotto and vicente rama in the 1930's and 1940s (it's weird all their names are vicente). i wonder how vicente garces is related to tito snooky (my mom's first degree cousin). maybe his grandfather because vicente garces was a national poet, writer and lawyer and tito snooky inherited his genes. tito snooky became a lawyer and judge in bohol without even much effort. it's amazing tito snooky was just a bugoy and i used to go with him scuba diving while he was reviewing for his board exams. he would study in the car and in the pumpboat. then tito snooky had this talk show in bohol that was very popular it was even rebroadcasted in leyte. he was a shoe-in for governor (and follow in the footsteps of christian and abigail's lolo) so the politicians offered him to become a judge so that he won't run for governor. the VECO electric bill of our house in lahug is still under the name of mariano garces, snooky's dad because we bought the house from them. i looked at wikipedia and it said vicente garces had 13 children and one was named mariano. amazing !!! actually snooky was just adopted by tita inday. however, his biological dad was his uncle or the brother of mariano garces which means it's possible vicente garces is his grandfather. what a small world !!!
6) crystal heights/crystal meadows
i googled the developer of greenbrooke subdivision just a few meters from our lot 3816. the developer is aroha land. they have an office in andres abellana just a block away from my lola laling's house. we had a meeting yesterday. her name is ana montenegro trazona. she and her team were very excited about my plans. she suggested we name it crystal heights or crystal meadows. she said it's very low risk because they will only start developing 20% of our 3ha 4129. 20% is enough for them to get LTS (license to sell). we will proceed or continue only if the 20% is almost sold out. we don't have to put up any capital. they will shoulder all the risk and development cost. then they get 40% of the proceeds of any lot that is sold. their greenbrooke subdivision lots have been selling for P2,000/sqm to P4,000/sqm. that means conservatively we will probably average P1,500/sqm (60% of 2,500). she requested the contact of our hauling contractor so they can coordinate and strategize in a way that the hauling will benefit the subdivision development.
the estimate is that the development of our entire 60ha in toledo would span 20 years. which is perfect because there will be no chance for an heir to squander their inheritance all at once and there will always be money trickling in.
if the hauling in toledo pushes through i suggest we subdivide mactan into the 9 line of heirs. each line of heir will use the toledo hauling income as capital to build their own 50 unit bedspacing building similar to munoz M5. it will easily income P3 million a year. bedspacers don't have cars. they just have motorcycles which can easily pass through the right of way to our mactan lot. and if we don't win the right of way for mambaling, we will do the same where each line of heir can easily income P6 million a year. i will be the guinea pig for each project and if successful i will document everything for the other heirs to follow so they can avoid the pitfalls that i went through.
i will also propose that we develop our 3.5ha guba property into a subdivision. but if the toledo hauling does not push through, then we will just sell guba. but we should subdivide mactain into the 9 heirs no matter what because that lot has no right of way so it will be impossible to sell at a fair price.
6/22/21 drone options
(i just posted this on my timeline. in case we decide to just buy a drone, anyone in the compound a techie who will enjoy shopping for the drone and learning how to operate the drone? i heard adrian is into video games maybe he will also enjoy being the official "drone expert" of the family. bowie who lives in california will be sending me his old gopro drone. the problem is it may be a while for it to arrive and we need to take the photos now before new occupants come in hoping they can get a piece of the relocation. however, during my dialogue with the occupants last sunday, i did trick them that we already took photos of the current structures in our property and any new occupant or structure won't be included in the relocation. photo or video quality is not important. our only requirement is reliability and a flight range of at least 300 meters. lot 3816/3817/3820 (6ha) is a hostile territory so we need to fly it from the national road and it should be able to go at least 300 meters away and around 100 feet high. and if it crashes it would be dangerous to retrieve it. the other 42ha across the street (4126/4127/4129) is around 1km from the national road but that's maldo's tertitory so no problem there. any drone will do. 4143 (10ha) is also a hostile territory but we still need to file a reconveyance law suit so no need to take photos for now and besides the entire 10ha is being occupied so no possibility for new occupants).
here is what i posted in fb:
i need advise from someone who is familiar with drones because the prices range from P5k to P60k. i'm trying to decide whether to buy a drone or hire an aerial photographer for our property in toledo. it's along national road so no mountain hiking or climbing required. it's around 800 X 800 meters (60 hectares). the cheapest aerial photographer i found so far is P10k. maybe with P10k i could already buy a drone good enough to do the job but i'm not sure. another big factor in my decision is i'm too old and lazy and too busy to be shopping for a drone then learning how to operate the drone. maybe you know someone who has a drone and is willing to be paid maybe just P5k to do the job? travel time is around 1 hour 30 minutes (so 3 hours back and forth). it will probably take less than an hour to take the photos so it's half a day's work. unfortunately, the google satellite images is 6 years old and a lot has changed since then.
6/16/21 updates
tita jane, i just talked to atty balili over the phone he is in manila handling a big case that's why i wasn't able to contact him earlier. i was going to ask him for help getting a safety deposit box to keep our titles because his fiancee is a manager in BDO. i have visited all the banks near my area but they don't have an avaiable slot. turns out all our titles will have to be surrendered to the court and the court will keep the titles. we can't store it in a safety deposit box. atty balili said he already informed you about this when you called him. if i keep the titles or i put it in a safety deposit box, i will go to prison. please get a second opinion from your lawyer as soon as possible so that you can DHL it to me and i can surrender it to the court. as of now i'm declaring it as lost so that you won't get in trouble. but if we don't surrender it to the court, we will have to spend P200k on re-issuance. if you get the confirmation from DHL that i received the titles, i will have to surrender it to the court or i will go to prison. for me this is the safest way to keep the titles. tito mike, please assist tita jane in anyway possible to DHL the titles to tita georgia or me.
atty balili also told me we need to sell mambaling before the assignment of regular administrator this August 18. that's because even if i'm appointed regular administrator, the authority to sell mambaling will be cancelled because it was specifically for the special administrator. we will need to file another authority to sell, but this time, the court will not grant it until Ang and other claimants such as atty tan is paid. that's because the reason why the court granted us the authority even if the claims haven't been settled yet is because of the amnesty deadline. now that we have already paid the estate taxes, the court will prioritize Ang and atty tan and make sure the estate still have enough assets to pay them. the court hasn't looked into it yet therefore the court does not know yet how much is the final claim of atty tan ang Ang. the court is always conservative and avoid any mistake. the good news is because of administratorship, the judge will soon decide on a fair amount to pay atty tan ang Ang based on the case or evidence. without administratorship, atty tan and Ang would sue us separately and we will need to fight it out in court.
also, the BIR cannot release the CARs until we submit the certificate of no improvement of guba. turns out there is a building structure in our guba lot but the reason they can't give us the certificate is because the lot assignment is before the lot was subdivided into 2. the asked me for a letter of request on which lot to assign it to. but when tita doris called rudy our caretaker, rudy said that house is already gone destroyed by the typhoon long ago. the assessor asked me to get a barangay certification that the house was destroyed by the typhoon and also a tax clearance. tomorrow i will task tita doris to get the certified tax dec for this building structure and tax clearance then this friday i will go to guba to get the certification from the barangay.
6/12/21 interesting knowledge on estate taxes
(i just posted this to the chat group of lola ica's heirs. it does not concern our estate but you will learn valuable knowledge about estate taxes)
greetings mga titos and titas. i have good news. i talked to lourdes the BIR officer and learned that even if you never pay estate taxes, the property can never be auctioned by the government. meaning your ownership of the property is secure. estate tax is only required when you sell or transfer the property. so if you don't have any future plans to sell the property, there is no need to pay estate taxes. the government can only auction a property for none payment of real property taxes. tita janna told me your family is up to date or current in the payment of real property taxes for the land and structure (your house). that means there really is no problem.
however lourdes adviced it's still good to take advantage of the amnesty program and pay the estate tax, which is relatively small in your case, just in case in the future there will be a big developer who will offer a huge amount of money to the owners, especially that pahina is a very strategic location. my advice is to discuss it among yourselves and let me know your decision. note the heirs of lolo munding will shoulder all the expenses, since your estate tax is relatively small, just P5,300, and the notary is only around P5,000.
however, we will need to redo the extrajudicial and you will all need to sign and notarize it again because according to lourdes, lola ica needs to have a separate extrajudicial because lola ica is not under the amnesty. normally the spouses are under 1 extrajudicial, but because lolo sergio is under amnesty and lola ica isn't, they each need to have their separate extrajudicial. i asked lourdes why lola ica needs an extrajudicial when there are no properties under her list of holdings? lourdes said lola ica automatically owns 1/2 of whatever lolo sergio owns.
here is where it gets more complicated. note that in lolo sergio and lola ica's extrajudicial you are only paying the estate taxes for the house, and not the land. that means it's useless because the property still can't be sold or transferred because nobody will ever buy a house that does not include the land. but lourdes said you can also pay the estate taxes for the land but we will also need to create an extrajudicial for your grandparents lolo lucio and lola juxta and just indicate they own 1/10 of the property where your house is located (as mentioned on the title). but for me this will only make it unecessarily complicated because imagine the title and tax dec will now have to be revised or subdivided to include your names. so it's ok to just let it be and not do anything. the important thing is the ownership to your house and land in pahina is secure even if you never pay estate taxes.
i also think it's important to get a second opinion. one of you could go to the BIR near marikina and get a confirmation from another officer to make sure that if you never pay estate taxes on your property, your ownership is still secure.
but if you still want to pay the estate taxes of your parents and grandparents, i will be happy to do the leg work for you because for me it's a learning experience :-) just let me know.
6/11/21 letter to poog barangay captain
(this is the letter i will be sending to the barangay captain of poog)
Clariza Z. Alferez Barangay Captain Poog, Toledo City
Dear Captain Alferez,
First I would like to thank your husband for our productive conversation recently. I hope the efforts of the Crystal family in developing the properties of their estate will contribute to the economic development of Poog.
The Crystal family, which i represent as administrator, would like to request a dialogue or meeting with the occupants of lots 3816/3817/3820/4130-prt/4129 so we can work together in a way that everyone benefits. We would also like to request that the information contained in this letter be dessiminated to the occupants together with the notice so that the occupants will be in a positive emotional state that is conducive to dialogue and negotiation.
For the meeting to be productive and beneficial to everyone, it's common sense to keep in mind that there is no need for discussing the issue of ownership during the dialogue. It's common sense to keep in mind that the only way for everyone to end up with the most beneficial situation possible is WE MUST ALL FOLLOW THE LAW. The issue of ownership can and should only be resolved in the court of law. If the occupants want to be informed on the current state of ownership for the said lots, they can inquire at the assessor's office in Toledo city.
The good news is that the
