IansMessages
From Covid19
2/20/22 misc updates
tita georgia is currently asking help from her friends in the court system to expedite the scheduling of our hearings to pay the estate taxes, finalize the settlement plan, and recover the titles from Ang. atty balili says the court is currently very busy and they are not giving our case a high priority.
last friday, i went to toledo to pay the property taxes of all the lots. i brought with me P100k turns out it was just enough to pay 4126. i am posting the receipt.
on the sale of next property, i will set aside money for the property taxes of all remaining properties for 5 years. currently, these are the more urgent expenses:
- rpt other toledo properties ~ P50k
- redeem tita jane's building ~ P200k (just a rought estimate given by arnold from city treasury)
- rpt of mactan ~ P146k
- survey of lot 4126 and 4127 so we can fence it and give us more options to monetize (sell/plant crops/haul clay, relocate squatters from the prime lots (3816,3816,3820), etc ...) ~ P600k
i will try to apply for development permit on our 4126 just in case the contractor backs out in the hauling of clay we will just do it ourselves. this is a contingency plan in case we can't sell a property at least we have cash flow for the property taxes and other expenses. maldo is currently asking the owners of the properties along the existing road that goes to our lot 4126 (entrance near the mormon church) how much toll fee they will be demanding if we use that road to haul clay. when i was there last friday, one of the owners said the standard fee is P8 per truck. once i get the total from maldo, i can compare it with the estimate cost of building a road from lot 4130 and if it's cheaper, we might as well use the existing road and pay the toll fee.
i was just informed that 7 years ago, there was an interested buyer named Pacubas who has a property next to our mambaling lot who don't need the right of way. they were ready to pay us P20m to purchase the property. they did not need the right of way because the lot connects to their property which already has a frontage. the only reason why the purchase did not push through was because the estate taxes at that time was so big due to no amnesty. after our estate taxes are paid, i will offer it again to pacubas for P30m. but my guess is they will negotiate for around P25m.
we have other offers for P30m and P28m but the buyers require a right of way. the good news is ROD has already verified we legitimately purchased the right of way but the problem is we cannot find the original owner's copy of valles' title. i will try to make a deal with the dela cernas in case they have it or maybe atty balili can file a case for re-issuance. but this means there is a big chance we will finally get the right of way for mambaling.
10/12/21 addendum to future plans: partitioning
some heirs are demanding their share of the estate. the good news is that's what i've been trying to do since the beginning - fixing the issues so that we can partition the properties fairly among the 9 line of heirs. these things don't just fall out of the sky like magic. these things take a lot of time, money, and lots of effort. i understand that some heirs don't understand how real estate works. the good news is tito virgilio is a broker or an expert on real estate so you can just consult him if you have questions or you want confirmation on the things i'm saying here. the reason why we sold pelaez is so we can pay the estate taxes and subdivide the properties.
that's why i visited salvador Ang every week for 3 months hoping he would accept our offer so we can do an extrajudicial because it's very clear in the law that we cannot do extrajudicial if there is a debt annotated on the titles. our BIR examiner edith sibayan and the head of ROD atty cugtas told me clearly that we cannot do extrajudicial until we pay off Ang and remove the annotations. you can call them or visit them at their office to confirm what i'm saying here. no notary in their right mind would notarize our extrajudicial because of the debt annotations because it will surely get them disbarred. even atty tan would not notarize until we pay off Ang and remove the annotations in the title. but Ang demanded we pay him the market price for all the titles in his possession. Ang demanded P43 million. anyone who signed the extrajudicial would have been guilty of perjury and go to jail and we cannot even claim good faith or ignorance because we did have a lawsuit with Ang that lasted for several years.
the aloguinsan lot can now be claimed by tito virgilio, and the heirs of tito gerry and tito bertie. it's 600 sqm so each of the 3 lines will get 200 sqm each. you can already start fencing, building a vacation house and even list it in airbnbn. it's only 1 km from hidden beach which i even find better than boracay because it's not crowded. i wrote a long piece about it and posted photos in our chat group. but you still need to have it surveyed and partitioned. the survey will probably cost P30k. then a representative from each of the 3 partition will draw lots. do not expect these things to just magically happen.
don't get me wrong. the things i'm saying here may sound negative but actually there is no problem. we have so many reasons to celebrate and be thankful for and ABSOLUTELY ZERO REASON TO BE WORRIED ABOUT. lola and lola and the good Lord will be angry at you if you continue to worry and be negative despite all the blessings they have given to you. all the remaining issues are very solvable. they will just take time, effort and money. we have many options for source of funds and i will continue to find more creative ways to secure source of funds. the only problem is SENSE OF ENTITLEMENT AND EXPECTING EVERYTHING TO JUST FALL FROM THE SKY LIKE MAGIC.
i forgot to emphasize in my previous post that the ultimate goal of the estate is to partition the properties, then a representative for each of the 9 line of heirs would draw lots. that's why i keep saying in my plans, "i will be the guinea pig" because the ultimate end game of our plans is going our separate ways. as i've been repeating in my post, we will partition mactan into 9 so each line of heir can build their own bedspacing business where "i will be the guinea pig" who will assume all the risk of starting a munoz style bedspacing building in my father's partition and if successful, i will document everything i did so all the other heirs can follow. if i fail, i will be the only one who will lose a lot of money and the other heirs can just laugh at me.
the reason why i'm not proposing to partition mambaling YET is because there is a right of way issue and it's more advantageous for everyone to pool our resources to fix the right of way issue because we will all benefit. without the right of way, we would be lucky if each line of heir can get P1 million from their share or partition instead of P3 million. the reason why i'm not proposing to partition guba YET is because selling guba might be our only hope to have funds to fix the issues of toledo so we can partition it. we still need to file reconveyance for the titles of 4143(10ha). we still need to file ejectment for the 74 occupants. we still need to remove the other declarants of all the lots. we still need to remove all the encumbrances of all the titles (not just toledo). before we can partition, we need to survey the 62ha which can easily cost P650 thousand. and it's also better if we negotiate the right of way of all the lots which would quadruple the value. these things don't just fall out of the sky like magic. these things need a lot of time, lots of money, and lots of effort. if you don't trust me, consult tito virgilio if you want to confirm the things i'm saying here.
if i partition the toledo properties right now so we can draw lots and go our separate ways, each line of heir would have to fix the issues of their own. i dare anyone to go to 3816/3817/3820 and 4143 area and let's see if you won't get chased with a pinuti just like what happened to tita doris. resolving the issue of removing declarants and occupants is very sensitive and very dangerous and involves streetsmarts and strategy. based on the history of this family's ability to handle these kinds of problems, the lives of many of lolo and lola's pinangas would surely be in danger. whenever i'm in toledo, i always have to watch my back and i can't stay there for too long. maldo always get nervous whenever i go there. even maldo can never step foot in 4143 and 3816 area because he will surely be killed.
it would also be ridiculous for me to continue the responsibility of selling tiny partitions and distributing the checks for the next 30 years. it would always be a source of mistrust and disputes, like what happened in the past. the only way to prevent mistrust and disputes is complete transparency through a collaboration tool such as our wiki. just imagine even if we already have complete transparency via our wiki there are still tremors of mistrust and disptues. so you can only imagine if i pass my responsibility to someone else who is not tech savvy. the family would immediately disintegrate into chaos like what happened in the past.
actually, i could and i should just partition all the properties into the 9 line of heirs so we can draw lots and go our separate ways. i already repeated saying many times in the past that i could have done that since the beginning, and it's what my father wanted me to do before pelaez was sold. because we could pay our own estate taxes and resolve the issues of our partition ourselves. we could also have gotten the most lucrative property which is pelaez because i was the one who redeemed it. the reason why i went against my father's wishes was because i felt sorry for the heirs who didn't have the ability and funds to pay their estate taxes and fix the issues.
as i said in my plans, the toledo properties will be either developed into subdivisions or farm lots. 4126/4127 would just be a tabular subdivision. 4143 already has a tabular subdivision with titles which we just need to reconvey. once this is all done, we will subdivide everything into 9 as fair as possible so we can draw lots and include it in the settelement plan where there will be a hearing before it gets approved by judge vagano. these things can take time. meanwhile, wouldn't it be nice if we can earn income by hauling clay and flattening those 2 annoying cone towers (that i showed you in the photos) and selling the waste to reclamation contractors of the san fernando wharf and toledo airport? wouldn't it be nice if we start using it raising farm animals or planting coffee? so i apologize that i didn't make it clear that these activities are just temporary.
10/8/21 10ha issue of 4126 is resolved
contents:
1) 10ha issue of 4126 is resolved 2) 3816 encroachment 3) right of way MOAs for 4126/4127/4143 4) long term goals
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1) 10ha issue of 4126 is resolved
good news !!! i got the certification from DAR that we own the 10ha of 4126 that they assigned to bernarda gaerlan. attached is the photo of the certification. i think they got scared when i gave them my administratorship oath and they learned the property is under administration which means any anomaly will be exposed in court. it is very important that if we ever come accross these kinds of issues we should never let it rest until it gets resolved. the world is full of people who will always find a way to game the system.
2) 3816 encroachment
tita doris informed me someone is constructing a big house in our 3816. note i already made it clear in my dialogue with the occupants and my letter to the barangay that any new construction will have to pay us the market price of a subdivision lot which is at least P2k/sqm. i guess they are willing to pay that. it's a waste of time to confront these people. we will just wait for the ejectment which i plan to submit on the first week of april to give us time to do what we need to do to jumpstart our plans for 4126/4127.
3) right of way MOAs for 4126/4127/4143
i had a meeting w/ atty balili yesterday. i reviewed the draft of the MOA's and requested some changes. first i asked if it's ok to include 4128 (garces) and 4138 (sejismundo) in just 1 MOA to make it simple. atty balilil agreed and will make the changes. i also asked him to put in the MOA that we will handle all the expenses. anyway, we would be the biggest beneficiaries because it would give 48ha (4126/4127/4143) of our properties access to the national road while their properties that would benefit from the MOA is only 5ha. the garces and sejismundo administrators also told me that they are willing to sign the MOA but they have no money to contribute to the expenses so i told them we will handle all the expenses.
4) long term goals
as i mentioned in my previous posts, our plan is to sell guba and mamabaling and to subdivide mactan among the 9 line of heirs. in mactan, i will be the guinea pig and start a munoz style 18 unit bedspacing on my dad's partition. if successful, i will document everything i did so other heirs can follow.
for our 62ha in toledo, the goal is to average P1k/sqm. that's P620m or P68m per heir. this is actually a conservative estimate but the caveat is it will come in trickles within a span of 20-30 years. which is a blessing in disguise because it protects the irresponsible heirs from squandering their inheritance all at once. this is a hybrid or best of both worlds strategy because the older generation can enjoy their inheritance from mambaling and guba sale and also rest easy knowing that if anything happens to them their children will always have something coming their way for many years to come. it's also the best protection from inflation, especially with the pandemic and governments all over the world are printing money like there is no tomorrow. so if the sale of the lots are slow, it's a blessing in disguise because the value will continue to increase as time goes by.
the plan is to develop the 8ha (3816/3817/3820) and the 3.9ha (4130-c-2/4129) into a residential subdivision. we should be able to average P1.5k/sqm. subdivision lots in poog average P3k/sqm but since it's a 60-40 joint venture we only get P1.2k/sqm.
an urban planner named architect arturo atega is already in the process of designing our subdivision in 4130-C-2/4129 (3.5ha). he is from the cagayan area so i wonder if the willkoms know him. note this is a 60-40 joint venture with aroha land so we don't need to put up any capital and won't owe anybody anything. i just want to make it clear there is no risk on our part and this is not the same as the deal between lola and salvador ang. we just need to make sure in the contract that the development should include standard subdivision features such as paved roads, drainage, electricity and water connections.
when mambaling or guba is sold, we should set aside some funds for the survey of 4126/4127(38ha), 4143(10h) and our 2.2ha across the ilag river that has no lot number. this would total 50ha which could cost us around P500k. but this would allow us to optimize the use and income of these very valuable properties. example, if we plan to flatten a hill to sell the waste to a reclamation contractor of san fernando wharf or toledo airport, we need to make sure we don't accidentally encroach on another property. we don't even need to fence i'm planning to just use straw ropes (the one used for packaging) and bamboo for the poles just to give us temporary boundary markers so we can plan with confidence. hauling would give us immediate and stable operating cash flow. we also need the boundary markers to plan where to relocate the occupants of 3816/3817/3820 and 4143.
one option is to also develop 4143(10ha) and 4126/4127/2.2ha(40ha) into a residential subdivision after the 3816/3817/3820 and 4130-c-2/4129 subdivisions are sold out. in the meantime we can just do a tabular subdivision (no roads, no drainage, no electricity and water connections) where we partition them into 1,000 sqm farm lots. i saw some real estate videos in youtube and farm lots in locations similar to ours are now around P1.5k/sqm. but we will only sell ours for P1k/sqm. tita georgia even said farm lots in guba near our property are being sold for P2k/sqm.
while waiting for the farm lots to be sold, any heir can follow in sheryll's footsteps and get into farming. maybe plant coffee which will make the farm lots more attractive and earn around P10k/ha per month. let's agree that whoever utilizes a farm lot won't need to pay rent to the estate because anyway each line of heir virtually owns at least 5ha (48ha/9). so if a line of heir plants coffee on 5ha, that heir can earn P50k/month. it cost around P50k to plant 1ha of coffee (including cost of labor and cultivation) and after 3-4 years, it can start earning income. but you only need to plant once. coffee plants can continue to produce for 50 years without replanting. it's low maintenance and most of the labor required is on the harvesting. you don't have to worry about marketing or finding buyers because nestle will buy it at market price. (https://cafedelipa.ph/coffee-farmer-now-tomorrows-millionaire/). i can be the guinea pig and start on a 1ha. if it works out, i will document everything i did so other heirs can follow.
i am currently exploring the possibility of securing rights from atlas mining (now carmen copper) for them to dump their excess soil in our 2.2ha so we can process it for sand and gravel. we can easily income P1 million a month if this happens.
for the annoyingly tall and steep mountain cones in 4126/4127 that we should flatten because it's not fit for agriculture (click this link for the photo: https://photos.app.goo.gl/fFCFRHMCAXSdi5nd7), i'm also exploring the possibility that we will do our own hauling. reclamation contractors pay P3k/truck so instead of being paid only P500/truck by a hauling contractor, maybe we can get more income if we just rent trucks and a backhoe. truck drivers already come with the rent (P6k/a day). abled body heirs in cebu who have no job can have fun learning how to use the backhoe like a toy and earn lots of money in the process.
while waiting for the farm lots to be sold out, which can take 20 years we can use the farm lots like a test lab to start a family farm wiki network. similar to the minecraft wiki but for real farming. agri experts all over the world can contribute to the wiki. the goal is for anyone without any agricultural background to buy farm lot and start a family farm. the wiki will contain everything they need to know.
the selling point of the project would be - when there's an economic crisis like the ones in greece and venezuela, people starve. which is ridiculous because it's even possible to plant food in mars even if there is no air, no water and the soil is very poisonous. i understand farming can be laborous, but just think of the millions of people who bike 50 kilometers or run 5 kilometers on weekends to train for ironman triathlon, or dedicate their lives to excel in sports such as basketball and soccer, or spend most of their free time in the gymn lifting weights just to look cool. it's just a matter of mentality or cultural shift. when i was a kid, triathlons were not cool. right now society is begging and looking for the next cultural revolution. there's really nothing new in music, movies and tv shows. farming does not have to be laborous. new industries such as farm equipment rental can start to blossom in the philippines.
the revolution is starting to happen. family farming videos in youtube are now getting millions of views. check this out - https://youtu.be/T15gXm6ha_I.
my test lab would experiment on the smallest possible farm that could sustain a family of 5. maybe include free range chickens, goats, cows, pigs, batong, cabbage, camote, corn (for bugas mais as the staple), okra, etc ... maybe use solar energy with backup generator for the freezers to store excess meat and vegetables. just like minecraft and roblox, the room for creativity is endless.
also i think backyard hydroponic gardening would be the best family hobby to expose kids into. the hydroponic gadgets and materials are like fun toys except it will produce real food and real income. it's fun, challenging, and also provides economic security for your family in times of crisis. it can even become a career. they can take up B.S. agriculture which experts say is one of the few careers left in the future because most jobs will be automated by AI. there's so many videos and materials in the internet you can have fun watching and learning. check this out - https://youtu.be/T15gXm6ha_I
10/3/21 misc updates
this is the invoice for the lawyer fees: https://drive.google.com/file/d/17nM3C1RrDn0_zZrjZkw8keQYgRrsNLYf/view?usp=sharing . P60k is for the mutual MOA of our toledo 4126/4127 (38ha) that would give the lots right of way to the national road and increase the value easily by P200 million. it will also enable us to build the road for our plan to supply clay to APO cement. it took long because atty balili had to include the coordinates on where the road will pass. another P60k is for the re-issuance of new title for the valles title so our right of way in mambaling can be annotated. mambaling cannot be sold without the right of way annotated on the title of valles.
other updates: all the requirements for the 4130-C-2 approved subdivision plan has been submitted. it should take around 3 months for the subdivision plan to be approved. this is required by the hauling contractor so they can start building the road going to our 4126/4127.
i've been following up aggressively with DAR on the resolution of the 11ha of our 4126 that DAR assigned to a bernarda gaerlan. so far they've been doing delaying tactic but i will give it 1 more month and if there still is no progress i will resort to more drastic measures maybe file a complaint at the ombudsman
9/14/21 11ha deficit of 4126
refer to this photo: https://photos.app.goo.gl/pUb8mroenjf5ELsQ6
i was bothered by the official subdivision plan of DAR that indicated we only have 21ha instead of 32ha. notice in the photo i encircled in pink the entry in the table that shows OC (Owner Cultivator) only totals 21ha. i also encircled in blue the 11ha lot under the name bernarda gaerlan inside our lot 4126. so i went to DAR to question this and the officer told me that according to their records we only retained 21ha. i showed her our original blue paper taxdec and asked for an explaination why the total for the tenants is 27ha and the taxdec shows we originally had 60ha therefore 60ha - 27ha should be around 32ha. she called her supervisor and her supervisor said we need to add up the areas of tenant #1 to #58. luckily i already computed that total in an excel spreadsheet and showed it to them. then the supervisor told me that the 11ha lot in the map under the name berarda gaerlan is not part of our 4126. so i showed them the boundaries in the taxdec that showed the north boundary of 4126 is ilag river and lot 4149 and the 11ha is not part of lot 4149. i also showed them the cadastral map from DENR. they told me they would need to do further investigation but it will take long. i asked what documents they need for them to resolve this issue? they said they will need to get an LDC from DENR. i asked how long will it take them to get an LDC? they said maybe many months. since i can easily get an LDC from DENR in 1 day because i have a contact, i told them i already have an LDC for 4126 at home which i got from DENR and i will just give them a copy. they said ok they will wait for it. the supervisor also said that bernarda gaerlan is probably the one who recently inquired about lot 4126 and asked if the crystals have won the court case. maldo also told me that early this year there were surveryors doing measurements in the 11ha area that i encircled in blue.
9/12/21 mystery of toledo 2.2ha solved
(tax dec, sketch maps and photos of our mysterious 2.2ha in toledo - https://photos.app.goo.gl/yo4SxWiEXD2ZhGiTA)
as i reported 7 months ago, there is a 2.2ha (taxdec# 1075) that appeared in the list of holdings that has no lot number. i figured this must be very valuable because it's accross ilag river where atlas mining (ccc) is. so i hired someone in the assessor to trace and locate this but the assessor can't locate it. i also went to bureau of lands in sudlon but they also cannot locate it. the experts in bureau of lands and assessors concluded it got swallowed or "na kaon" by atlas mining therefore most likely we can't claim it anymore. but engr. norvic told me there is no such thing as "na kaon" and there should be a way to locate and claim it but it will be very difficult. he advised to make it last priority and prioritize the "low hanging fuits".
that was 7 months ago. last friday, while i was having lunch at maldo's house i thought maybe maldo can help us locate the mystery 2.2ha so i showed him the taxdec and when he saw the boundaries he told me he knows exactly where it is and even knows where the boundaries are because in 1992 lolo showed the boundaries to him and told him to guard this property because it is our property but there is no clear documentation yet. lolo also let a family occupy the property to guard the place. maldo told me atlas mining would once in a while try to claim the property and kick out the occupants but maldo and the occupants will confront the security forces of atlas and ask for documentation or else they will call the police. atlas mining was never able to present any papers to prove they have a claim so atlas just gave up after a while.
after 4126 was partitioned by DAR in 1989 (through the 1972 OLT of marcos), tito bertie gave maldo a copy of the subdivision plan from DAR. maldo saw in the map that the 2.2ha was included in the OLT. ever since i started going to toledo last year, i found it strange that maldo would always keep warning me never to mention to anyone in the barangay or assessors that 27ha of our 4126 was CARPed because there is a very strategic portion that was CARPed but the beneficiary have abandoned it long time ago. maldo said although we probably wouldn't be able to sell it we could at least use it so it's very important no one else knows about it. lately when i was thinking of the possibility of us getting into sand and gravel business by collecting the waste from atlas mining, maldo told me the abandoned OLT partition he was talking about is the best place to put the crusher and process the sand and gravel because it's right next to the huge mountain of waste of atlas and it's a huge corner lot of a road intersection that forks out to the national road and manipis road. me and maldo hiked to the mysterious 2.2ha where maldo showed me the boundaries that lolo showed him.
i then showed maldo the sketch map of 4126 and asked him to locate the mysterious 2.2ha in the sketch map. maldo pointed out to me that the sketch plan is old and obsolete because that is the sketch plan of the ocangs. he said he remembers there is a newer sketch plan of lolo and lola. so i rummaged through my toledo folder and found it. maldo pointed out to me the location of the mysterious 2.2ha and also pointed out that the date of lolo and lola's sketch map is newer than that of the ocang's so lolo and lola's sketch map is more legit. i calculated an estimate of the area based on the tie lines of 4126 and surely enough it was around 2.2ha. the boundaries in the taxdec also match perfectly. maldo told me he knows the family of monico adlawan and he is 100% sure their property is the south boundary of our 2.2ha.
i rummaged through my toledo foder and found the subdivision plan from DAR. the lots and names of all the beneficiaries is in the subdivision plan so i tried to find out the name of the beneficiary for our 2.2ha so maybe we can investigate where they are now. BINGO !!! turns out the 2.2ha was not included in the OLT. the label in the subdivision of our 2.2ha turns out to be a zoom out or enlargement of a group of tiny OLT lots inside our 4126 that were too tiny to be labeled. i'm showing it to you in the photo collage so you understand what i'm talking about.
to claim this 2.2ha, i will have engr. norvic survey it, have a subdivision approved then have it titled. by now we should realize there are so many important things to do in toledo that would take time and expenses but once it's done, the value of toledo will dwarf the value of all our other properties. we just need patience, common sense, and hardwork and slowly but surely toledo will provide economic security for your kids and grandkids.
9/4/21 NGCP tower in 4130-C-2
i finally got the sketch map of the partitioned 4130. these are the official and exact boundary distances. of our parcel WHEW !!! i was so relieved to know the width at the NGCP tower area is around 29 meters (my initial estimate was only 20 meters). the tower is 10 meters which leaves 19 meters for the road, more than enough for 2 way pass of big dump trucks. the hauler for the clay and the subdivision developer require at least 16 meters. the geodetic said it will take around 3 months for the approved plan to be done. i will submit a copy of the approved plan to macris and terdy of NGCP so we can be compensated for the tower. i hope it would be a monthly rental and not a one time payment. (i'm afraid someone in the family might prematurely use their share for down payment of a car if it's big enough giving me more headaches assisting them with monthly payments. hehehehe. just kidding. but seriously, it will be a while before we start getting income from the hauling and sale of subdivision lots so please pugong lang sa ta. discipline lang usa). before it was NGCP chasing after me wanting to pay for the tower but i was the one running away from them because the zonal value was still forest timberland which has a very low payout but now it is classified as residential, it would be NGCP's turn to run away from me because the zonal value just skyrocketed. hahahahah !!! real estate is like a chess game.
this is the proposal letter i sent to the villarazas for the right of way - https://docs.google.com/document/d/1qOAZiFJJZkF4F3xJ_1h3KgcB4J5r0G-c/edit?usp=sharing&ouid=107410195113279687096&rtpof=true&sd=true this is the sketch of the proposed streets: https://photos.app.goo.gl/WADK9WgD9M7xkaKe7 the blue line is the proposed dida street. the red line is the proposed munding street. the administrator of 4128 (theresa garces) and 4135 (nathaniel sejismundo) did not require a proposal letter they will just sign when atty balili is done with the MOAs. all direct heirs will eventually have a street named after them. the signing of the MOAs is expected to be completed next week.
9/4/21 updates
just added 9 more mojons. 164 more to go - https://www.facebook.com/media/set/?set=a.10165472236100321&type=3
i just finished collecting the requirements for the MOA that would give national road access to our 38ha 4126/4127. atty balili is now drafting the MOAs. i met with the owners of the other lots and they were happy and excited to sign the mutual MOAs. atty balili said the annotations in the titles and tax decs don't need to be approved by court because it's not a sale. it's just a mutual exchange of road right of way. meaning they won't own any part of our lots and we won't own any part of our lots. but nobody will be able to block Dida road (via 4135 and 4136) and Munding road (via 4128). this will increase the value of our toledo estate 5x from P60m to P300m.
and as i told you, soil tests have already been done and results show our lots are rich in rare clay needed for cement manufacturing so we will be selling the waste to APO cement at P500/truck as we develop phase 1 and 2 of crystal heights subdivision. this will give us continuous cash flow as the subdivision phases are still being developed (there will be 4 phases).
barangay captain alferez told me a bad news. he said the lot owners of the road he built that passes through our 10ha 4143 won't donate the road to the barangay. they are demanding lots of money from the barangay which is too much for the barangay's budget. so there is a chance our 10ha 4143 would be trapped forever.
out of the goodness of my own heart, i offered the owner of another lot beside our lot 4129 (lot 4131) access to our roads even if he had nothing to give us in return. he gave me the needed requirements for our MOA and he was very happy and thankful. he told me he also owns a nearbye lot with frontage to national road. i asked him the lot number he said 4138. i almost fainted when i looked at the cadastral map and saw it's the lot right beside our 4143. i feel lola dida and lolo munding guided me again.
i asked captain alferez why he is interested in partnering with us to supply clay to APO cement when the sand and gravel waste he is getting from atlas mining (carmen copper) is much more lucrative (P8k/truck). it would only tie up the 3 trucks that he owns delivering much cheaper clay to APO cement. he said the free sand and gravel he is getting from atlas is actually not that profitable because he has no rock crusher. he can only get the smaller grains that are mixed with fine soil and after the expensive process of washing and filtering, he only gets 40% sand and gravel. it's only profitable if he has a crusher where he can haul the big rocks and crush it but he does not have the capital to buy a crusher which cost P28m. he is also worried DENR might go after him for dumping the excess soil in the ilag river for it to be washed out when it rains.
a councilor from poblacion toledo city happened to be in the office and heard our conversation and offered to partner with kap to help him with the capital to buy a crusher. they started brainstorming where they can buy a second hand crusher. maldo offered them his expertise from the DC crystal days. they were shocked and impressed at maldo's expertise who told them to get a mobile crusher and suggested specifications and features of the crusher that i didn't understand. they were also impressed that maldo knows the current big players of the sand and gravel industry.
gikom just spent almost a million for the infrastructure of his lechon business and i just got a call from the subdivision association telling me operating a business other than a sari sari store in the subdivision is against zoning laws and the neighbors have been complaining because of the smell when pigs are being delivered. i told them to setup a meeting with the association and the neighbors who are complaining maybe we can work something out. unfortunately, gikom did not ask for my advise before starting his business. my autistic brain would have easily forseen that possible pitfall. i have zero knowledge of the sand and gravel industry but i have autistic street smart business instincts and that's more important so i decided to help the barangay captain and the councilor with their business plan.
1) first i asked them if they can secure the permit? because i heard nobody can get a license to quarry anymore. they said yes that's true but we won't be quarrying. we will just be selling the waste from atlas. getting the permit to sell is a very quick process in capitol that does not even require any under the table.
2) then i warned them what if the waste from atlas runs out? they said they will show me the huge mountain of waste that would take 50 years for multiple operators to deplete and right now there are only 2 operators. they said a single crusher can easily income P100 million a year (which is hard to believe because if that's true tito mike would be a billionaire by now).
3) i told them they also need capital to buy the dump trucks. they said they could easily rent dump trucks for P160k/month or P6k a day. there is an oversupply of dump trucks. i told them they will also need to hire/train/interview drivers. will they be insured? how much is the insurance? what if the driver is a drug addict and ends up in a accident and we will have to pay millions in reparations? they laughed and told me there is also an over supply of drivers and insurance already comes with the rent.
4) i told them what if atlas suddenly decides to crush and sell the rocks themselves and stops outsiders from getting their waste? TOINKS !!! they laughed and thanked me for warning them about the unforseen risk. they decided not to go ahead with their business plan.
5) then i told them what if we offer atlas to dump their rocks in our lot 4126. we could also start collecting the rocks and dump it in our lot 4126. we would only buy the crusher if the mountain of rocks is already big enough to recover the investment for the crusher. they all exploded in amazement at my brilliant idea.
6) but i still wanted to make sure the demand for sand and gravel is stable. they told me the P10 billion mandani bay project in mandaue is getting it's sand and gravel from leyte via a barge. hahahaha !!! turns out maldo also knows the operator who is barging sand and gravel from leyte.
7) luckily for us, the head of legal department of atlas (carmen copper) atty cathy fortanoza is one of the parcel owners of lot 4130 and she texted me thanking me for making an approved subdivision plan for 4130 (which cost P40k in addition to the P50k of the survey). i told her i will give her a free copy of the subdivision plan. she thanked me for being a kind hearted person. so now my next move is to talk to atty cathy fortanoza and see if there is a way she can convince atlas to dump their rocks in our 4126.
if this plan pushes through and mambaling gets sold, i suggest each direct line of heir contribute P1m of the P3m they will be getting to buying the crusher. the barangay captain and the councilor can provide the rest of the P20m. the 3 of us can earn around P30 million a year or around P3 million per heir. so you only need to invest P1 million and get P3 million a year return. sounds too good to be true. but anyway. whatever. we will see.
8/19/21 more good news on toledo hauling
i talked to barangay captain alferez just a while ago offering to partner with him on hauling because he already has the trucks and equipments in case the other hauling contractor backs out. his number is 0995-304-7418. i have his number because he has been helping us deal with our occupants in 3816 and 3817. he said yes he would be happy to partner with us and we should never worry about finding someone who will buy our excess soil from subdivision development. the demand is always bigger than the supply and there are always lots of projects needing abuno. the standard is P500/truck to the hauler and P3k/truck to the buyer. tita citcit (unchuan-toledo) also told me this. captain alferez told me we could also sell to APO cement because they are always in need of clay soil as input to their manufacturing. he said the soil in poog has been tested to have high percentage of clay. he said he can immediately do 20 truck hauls a day on our 4143 since it already has a road. i told him we should first reconvey the titles so i will ask our lawyer (atty balili) to immediately start the reconveyance of 4143. note the reconveyance is a sure thing we just don't know how long it will take because of the pandemic. that should give us P10k/day income or P300k/day. and if the hauler for san fernando wharf reclamation proceeds with our contract, they have 20 trucks which can potentially earn us around P1 million per month. no matter what happens at some point we will be earning a lot on hauling. captain alferez also said we need to pretend we are developing a subdivision and we are just selling the excess soil to APO cement. so might as well develop it into a subdivision then sell the subdivision lots. i offered him a 50-50 split which is standard. note this is different from the 4130/4129 (3.5ha) subdivision development joint venture with aroha land. so now we have 2 subdivision developments and 2 hauling operations simultaneously happening in parallel. next week i will follow up with theresa garces (4128 owner) and villaroza (4136 owner) to do an MOA with them on a mutual exchange of road right of way so i can approach the other hauler and find out if they will proceed or not. these initiatives will provide economic security for your kids and grandkids. it will provide stable cash flow for the next 20 years.
8/17/21 virtual court hearing and estate tax updates
there will be a virtual hearing tomorrow wednesday 8:30 am cebu time for appointment of regular administrator. here's the link:
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 Crystal family are humane, reasonable and fair human beings. We SINCERELY apologize for the seemingly inhumane demand letter that were distributed earlier. Unfortunately, the Crystals have to follow legal procedures and the demand letter that our lawyer created was part of the legal procedures. According to the law, we need to formally express our demands before we start to negotiate. That doesn't mean the initial demand has to be followed to the letter. It was just a formality. The demand will undergo revisions based on our meetings and negotiations. The rules of court state that prior to pre trial, the case is referred to the Philippine Mediation center for mediation for 60 days.
The Crystals learned from one of the occupants, a lay minister named Meo that some occupants are experiencing anguish and sleepless nights. Employees at the assessor's office also informed us that some occupants are inquiring about the state of ownership, looking worried. Therefore, we decided to hold an informal dialogue in hopes that it will remove any unecessary worries.
The heirs of the estate, which i represent, plans to develop the said lots into a socialized housing. They plan to partition the lots into subdivision lots, making sure to accomodate the structures of the current occupants that are currently in the records at the assessors office.
The plan is to give each occupant an option to buy the land their house or structure sits on at the current zonal value. Right now the zonal value is P700/sqm. Example if they are occupying 250 sqm, the price will be 250 X 700 = P175,000. We hope the occupants will be happy with this deal because after the area is developed into a subdivision, the price will be P4,000 / sqm. That means the occupant who bought a 250 sqm lot will immediately profit P825,000 (they bought it at P175,000 but the value will be P1 million).
The Crystals reserve the right to dictate what is the fair and justifiable easement allowance for each structure. This is to prevent current occupants from moving their fences to widen their yards or gardens while negotiations and preparations are going on.
Another good news is those who can't afford to buy the land they are occupying will be relocated to our lot 4126 near the Ilag River. Another good news is we are currently building a road to the relocation area so that the occupants who have cars and motorcycles can have easy access to their new home.
If the occupant chooses to relocate, the estate will purchase their residential home based based on the cost of construction. Fortunately there is a standard process in appraising the cost of building a structure. The Crystals are still deliberating whether to include commercial structures in this offer. The most probable outcome is that commercial structures will be purchased based on 50% of the cost of construction.
Another good news is that it will take a lot of time to build the road and prepare the relocation area. It will also take a lot of time to partition the property into subdivision lots. All these efforts will surely take more than 1 year, which means the occupants have enough time to prepare and make a decision. Example, they can start applying for a bank loan.
A possible problem we could all face is this would invite fake occupants to come in during this time period, hoping they will get a place in the relocation area. To remedy this possible problem, our lawyer have taken photos of the lots to establish the current structures and which ones are residential and which ones are commercial. Any incoming structure or occupant will not be relocated. It is also the duty of the current occupants to be vigilant and prevent this problem from happening because the relocation area has already been estimated to accomodate the current number of occupants, and the fake occupants would only jeopardize or lessen the area that the legitimate occupants will receive.
It is in the best interest of the occupants to cooperate and work with the Crystals because if the Crystals decide to sell the said lots, the buyer might not be as generous and accomodating with their offer.
Let's all pray and hope for a fruitful and peaceful resolution.
Sincerely yours,
Ian Crystal
Administrator
Estate of the late Sps. Raymundo and Desamparados Crystal
6/9/21 updates
yesterday we had a celebration in AA bbq. the damage was P9,370 + P100 tip. the receipt has been posted to the chat group.
i went to engr. norvic to show him where the road to our 4126 will be located. i also instructed him to make the road part of our 4130-prt (0.4ha) so that we don't have to demolish any houses. lucky for us, if a -prt lot hasn't been surveyed or partitioned and the boundaries indicate 2 opposite sides as inside the -prt lot, the geodetic has the authority to choose where those sides will be located. engr. norvic told me he needs to also survey the entire 4130 (3.5ha) before he can survey our 0.4ha partition. since i only paid for the 0.4ha survey, i paid him P35k to also survey the entire 3.5ha. the receipt has been posted to the chat group.
tita doris submitted the sketch plan and tax clearance of guba and the assessor told her we can get the cert of no improvement on monday. this is the only missing requirement for us to pay the estate tax.
i had the entire r-1666 court documents certified again because it is needed for the evictment petition for toledo. the cost was P4k. today atty balili was bombarded with calls from the occupants of our toledo lots. i asked maldo to ask the barangay captain to schedule a dialogue with the occupants so i can inform them of our offer which is 1) to give the occupants an option to buy the portion they are occupying for P1k/sqm. so if their house is on 200sqm they can buy the lot for P200k. 2) for those who can't afford, they will be relocated to 4126. maldo suggested i write a formal letter to the barangay requesting to schedule a dialogue. maldo said the tanods will be the ones to inform the occupants of the dialogue schedule. i will write the request letter tomorrow and LBC it to maldo.
i accompanied tito boy to BIR to pay the estate taxes. the BIR processor named lourdes required some sort of certification from the parish that tito sergio was a resident of cebu because his death certificate indicated he died in muntinlupa. lourdes also suggested we look into the list of "et al" in the land tax dec maybe tito sergio is one of the et al.
i distributed the checks to the heirs in the compound. the current balance of the estate funds is negative (- P486,679). i will just hold off on depositing my refund for the surety bond until mambaling is sold or the toledo quarry pushes through (P2 million / month income).
- P25m:
- P2.3m (earnest money. papa, tita jane, tito virgilio and tito mike still needs to receive P500k each, christian P150k and nimfa's kids P50k) - 2300000
- P4.5m estate tax - 4500000
- P6.5m reserve for Ang - 6500000
- mr. lao paid: P11.7m on 6/7/21
- minus other obligations:
- P3,282,985 (ian's expenses include P876k filing fee for administratorship and lawyer's acceptance fee) - 3282985
- P1m surety bond for administratorship - 1000000
- P750k for 3% family finder's fee (tita doris, tita georgia and konsehal P250k each) - 750000
- P1.25m broker's commission for atty balili - 1250000
- P2.2m earnest money (P500k each to papa, tita jane, tito virgilio and tito mike, P150k to christian and P50k to nimfa's kids - 2200000
- + P10k toledo income from poog barangay captain
- balance: P3,227,015 / 9 heirs = P357,446
- P25m:
- P1,250,000: atty balili broker's commission - 1250000
- P328,723 = P150k + P357,446/2: christian - 328723
- P229,232 = P50k + (P357,446/2): mikmik (includes adrian, amber and audrey) - 229232
- P357,441: kimberly (includes joanne, john paul, andrea, raemond, justine, clark) - 357441
- P572,446 = P250k + P357,446 minus P35,000 (loan payment): tita georgia - 572446
- P501,346 = P250k + P357,446 minus P71,100 (loan payment) minus P35k (atty russel): tita doris - 501346
- P307,446 = P357,446 minus P50,000: tita angie - 307446
- P857,446 = P500k + P357,446: tito mike - 857446
- P857,446 = P500k + P357,446: tita jane - 857446
- P857,446 = P500k + P357,446: tito virgilio - 857446
- P250k: konsehal (agent) - 250000
- P35k: atty russel (tita doris will) - 35000
- total: P6,403,972
- minus P6,700,000
- remaining balance in account: -P296,028 + (P5 million check to be deposited when Ang surrenders title) = P4,703,972
- when P5 million check is deposited i will cut the following checks:
- P857,446 = P500k + P357,446: papa - 857446
- P3,333,205 (plus future expenses): ian - 3333205
- P1m: ian (surety bond) - 1000000
- total: P5,190,651
- remaining balance in account: negative P486,679 minus expenses between now and when P5m is deposited
6/7/21 pelaez sale is complete
i signed the deed of sale of pelaez today. normally the sale should only happen if the seller has the title but mr. lao is confident we will get the title from Ang that's why he decided to still cut us a check. note in the beginning we all assumed Ang will immediately surrender the titles if we give him P6.5m because atty tan told us Ang was willing to settle for P3m. turns out Ang is demanding P43m. but atty balili assured mr. lao the worse case scenario for Ang payment is P8.45m (P6.5m + 6% interest since august 2016) and we can settle it in 6 months. mr. lao also knows i have the money to cover the extra P1.95m. mr. lao cut 1 check for P6.7m and another for P5m. he asked me to deposit the P5m only when we get the title from Ang so at least his money in the bank can earn interest while waiting for the title from Ang (the title is required for the building permit). by law i'm suppose to open an estate account. so i went to BDO to open the estate account but it turns out it's like opening a corporate account where it can take weeks to complete the requirements. so i will just deposit the P6.7m to my personal checking account so i can start distributing the funds. many heirs badly need the funds now. some of tito gerry's and tito bertie's kids are in danger of not being able to enroll for the next school year. some heirs also have urgent medical expenses but i won't mention it here just in case they want to keep it confidential.
atty balili warned me to strictly follow the rules because tito virgilio will be suing us (those who signed the MOA so only tita jane be will spared from the law suit). atty balili told me that tito virgilio sent a representative named heidi echaves to atty balili's office and told atty balili tito virgilio will be suing us. hedi echavez said tito virgilio will also be suing my dad for not distributing the funds from the lawaan sale. this is going to get very ugly. lolo and lola will be crying from heaven. tito virgilio's biggest weapon will be the extrajudicial so i suggest tito virgilio should be the first to sign and tita georgia and tito mike will be the last and not give it to anyone. at first i thought tito virgilio did not want to sell pelaez for sentimental reasons but mr. lao told me tito virgilio tried to sell pelaez to him. that explains why tito virgilio wanted an LOI from the buyer and the certificate of availability of bank funds. mr. lao also said tito virgilio is trying to sell pahina, claiming that he has the title. if this is true then all tito virgilio needs to sell our properties is the extrajudicial. this is worrisome because if he blocks the donation of pahina to lola ica's heirs, there's a good chance the judge will side with him according to atty balili. my remedy for this is if the toledo quarry pushes through, we will just give him 1/9 of the appraisal value of pahina which is not much because there is no frontage and right of way. i think the judge will go with this.
i told atty balili that i will still go ahead with depositing the checks to my account so i can already distribute the funds to the heirs because education has always been the highest value or priority in our family and i'm sure tito virgilio will respect the values that lolo and lola taught us. i'm also confident that tita jane can convice tito virgilio that everything i'm doing is for the good of everyone including him. i'm turning toledo into a P2 billion asset. he should be thanking me instead of suing me.
- 8/10/21: here's the current accounting for the pelaez full payment.
- P25m minus:
- P2.3m (earnest money. papa, tita jane, tito virgilio and tito mike still needs to receive P500k each, christian P150k and nimfa's kids P50k) - 2300000
- P4.5m estate tax - 4500000
- P6.5m reserve for Ang - 6500000
- mr. lao paid: P11.7m on 6/7/21
- minus other obligations:
- P3,282,985 (ian's expenses include P876k filing fee for administratorship and lawyer's acceptance fee) - 3282985
- P1m surety bond for administratorship - 1000000
- P750k for 3% family finder's fee (tita doris, tita georgia and konsehal P250k each) - 750000
- P1.25m broker's commission for atty balili - 1250000
- P2.2m earnest money (P500k each to papa, tita jane, tito virgilio and tito mike, P150k to christian and P50k to nimfa's kids - 2200000
- + P10k toledo income from poog barangay captain
- balance: P3,227,015 / 9 heirs = P357,446
- P25m minus:
- checks written:
- P1,250,000: atty balili broker's commission - 1250000
- P328,723 = P150k + P357,446/2: christian - 328723
- P228,720 = P50k + (P357,446/2): mikmik (includes adrian, amber and audrey) - 228720
- P357,441: kimberly (includes joanne, john paul, andrea, raemond, justine, clark) - 357441
- P572,446 = P250k + P357,446 minus P35,000 (loan payment): tita georgia - 572446
- P501,346 = P250k + P357,446 minus P71,100 (loan payment) minus P35k (atty russel): tita doris - 501346
- P307,446 = P357,446 minus P50,000: tita angie - 307446
- P857,446 = P500k + P357,446: tito mike - 857446
- P857,446 = P500k + P357,446: tita jane - 857446
- P857,446 = P500k + P357,446: tito virgilio - 857446
- P250k: konsehal (agent) - 250000
- P35k: atty russel (tita doris will) - 35000
- P35k: engr. norvic abella - 35000
- P156k:ian crystal to cover personal loans of georgia doris angie - 156000
- total: P6,594,460
- P6,700,000 minus P6,594,460
- remaining balance in account: P105,540 + (P5 million check to be deposited when Ang surrenders title) = P5,105,540
- when P5 million check is deposited i will cut the following checks:
- P857,446 = P500k + P357,446: papa - 857446
- P3,337,730 (plus future expenses): ian - 3337730
- P1m: ian (surety bond) - 1000000
- total: P5,195,176
- remaining balance in account: 5,105,540 minus P5,195,176 = (negative)-P89,636 + P434.32 bank interest = (negative)-P89,201.68 minus expenses between 8/10/21 and when P5m is deposited
6/7/21 toledo subdivision development
good news !!! our P2 billion dream is getting closer to reality. this should provide economic security for all your kids, grandkids, and great grand kids. today i signed the agreement to develop our 58ha of toledo into a subdivision. with maldo's help, the contractor has decided where the path to our 4126 will pass. i will name this road dida road (each heir will eventually have a road named after them in toledo). dida road will be 15 meters wide so big trucks can pass 2 way. none of the occupants need to be demolished but we still need to compensate them for their crops that will be destroyed during the road construction. one of the sub contractors of the new bridge to cordova, kajima construction, wants to buy our surplus soil from the subdivision development for P500/truck load. this will give us around P1.5 million a month income.
the contractor said they have full support of the duterte administration because the cordova bridge is part of the build build build strategy of duterte to increase tax revenues. they said we can quickly get any permit we need because our contract is vital to the construction of the cordova bridge. the contractor said in times of "full blast operation" if they are behind schedule they might use 100 trucks on our property where we will earn P200k a day.
maldo asked the contractor if their trucks have wings because it's impossible for 3 trucks to do 150 trips a day. the contractor said actually 20 trucks will be used for the hauling and they will be operating 24 hours. each truck can have 6 trips a day to the cordova bridge construction site. the trucks will pass near my mom's 500sqm subdivision lot in talisay along SRP that needs abuno so i asked the contractor if they can once in a while dump the soil to my mom's lot near SRP they said sure no problem. hehehe. that will save my mom P2 million. i'm such a corrupt administrator :-)
on the way home from toledo i stopped by pelaez to check on bebot's move out. bebot wants all the grills removed because she wants to take it with her. i went home to get a grinder but turns out there's too many grills and it takes forever to cut the thick cables. so i offered bebot P4.5k to hire someone to do it and she was happy. i just posted the receipt and the photos of the grills being taken out.
6/5/21 toledo fencing details
there's another important thing everyone needs to know regarding the fencing of toledo. before we can fence, we need to have it surveyed. survey cost is P10k/ha that means the survey of entire toledo would cost around P650k. fencing cost probably won't be that much if we just use barb wire. i consulted with engr norvic and asked HOW ON EARTH WOULD WE KNOW WHERE TO PUT THE FENCE BASED ON THE SURVEY RESULT? he said one of us needs to be present when they locate or create the mojons during the survey so we will know where the mojons are located. i don't have photographic memory (just photogenic memory) so i would need to take pictures on each location of the mojon. based on the cadastral map, 4126 has 49 mojons, 4127 has 14 mojons, 4143 has 38 mojons, 4130-prt will probably have around 5 mojons, 4129 has 9 mojons, 3816 has 42 mojons, 3817 has 7 mojons, and 3820 has 13 mojons for a total of 177 mojons. WOW !!! i will need to take a photo of each mojon, label them by number according to cadastral map. that means i will never be able to play golf again. i had no idea what i got myself into. hehehe. so it will be easily accessible to everyone, i will just post it on my facebook, organized as 1 album per lot. so in case i get covid anyone can easily carry on the task of transforming our toledo lots into a P450 million estate. the fencing contractor could easily access the photos from his smart phone and we don't waste money on printing. i will also save the albums into a dvd disk and distribute it to other heirs for safe keeping.
which leads me to another pep talk. it really drives me crazy that we are suppose to be highly educated yet i notice in the past we have this very stupid habbit of not keeping tabs of super super important documents. i remember in one of the meetings one heir said there is a supreme court order to title all our toledo lots in our favor and he gave it to another heir. the other heir said she never received it. i celebrated because i know we can just have the copies certified. turns out nobody even made copies. i almost fainted. how could anyone not make copies on a document that seals ownership on a P200 million property? nobody does that. not even uneducated people would do that. if that was me i would make at least 3 copies and store it in 3 different places in case my house burns down. i know i'm sounding mean and insulting but it's the only way the heirs will realize that if we don't change our old bad habits and something happens to me, it will be total chaos.
the P3m i set aside will allow me to be aggressive on not just the fencing but also the titling, evictment, removal of other declarants, and reconveyance of 4143 (10ha). tita georgia told me that lots in guba which are much worse than ours in terms of slope and location (very far from the main road) are selling for P2k/sqm only because it's partitioned into small subdivision lots and each lot has an individual title. our guba was appraised for only P400/sqm (P14m). the owner of rico's lechon was having dinner at our house the other night because gikom bought a franchise and he said guba is very ideal for piggery and the lots in guba sell for only P400-P500/sqm. so we probably should also partition guba into subdivision lots (same as toledo) if atty abellana's guarantee that we win the right of way holds true and mambaling is sold. but if the mambaling right of way efforts fail (which means mambaling can't be sold), we should sell guba as quickly as possible just so the heirs can immediately enjoy their inheritance. i want to reiterate that i will be happy if mambaling can't be sold because i really want it to be partitioned for the 9 line of heirs so each line of heir can build a 75 unit bedspacing (similar to munoz m5) since bedspacers don't have cars (motorcycles can pass by the current right of way). that's easily a P3m a year cash flow for each heir. but of course i am still doing whatever it takes to get mambaling sold just for the sake of the heirs who badly need the money now.
in the worse case scenario if mambaling and guba is not yet sold and the toledo quarry does not pan out, of course any heir can get money from the estate account for obviously more important reasons such as medical, tuition fee and high interest loans that was recently taken for emergency medical expenses. example your share for the P3m balance is suppose to be only P3m/9 = P333k. but if let's say you recently took out a P700k loan for an emergency medical procedure at an interest rate of 18%, of course you should borrow P700k from the estate to avoid that crazy 18% interest. your balance is now negative (-P367k). if it takes 2 years for guba or mambaling to be sold then you owe the estate P367k during that 2 years. and if it causes the estate to not have enough funds to pay off Ang and other properties get liened, so be it. anyway the lien can be immediately removed after the next property is sold. i'm sure all other heirs will understand and it's what lolo and lola would want. i know in the past the family had a bad experience with lack of accounting but this time, i'm required to regularly report an inventory and accounting to the judge, and if there is any accounting irregularity, i'm toast. there is no way i can get away with any malfeasance.
6/5/21 pelaez full payment this monday
bebot has agreed to start moving out this sunday morning. i suggest all abled body pinanggas of lola and lolo in the compound will go to pelaez 8am to provide manpower so that mr. lao can give the full payment the next day.
if bebot actually moves out, the deed of sale signing and full payment is this monday 11 am at BDO in colon. as required by the judge, full payment will be deposited to a checking account under "estate of raymundo and desamparados crystal".
the judge also required we submit an inventory and accounting of the estate together with the deed of sale. since the mambaling and toledo titles are still with tita jane, i will have to declare it as lost in the inventory to protect her. if the titles arrive we can just declare it as found in the next inventory and withdraw the re-issuance affidavit from the ROD. if not then we will spend around P50k per title so around P200k.
another requirement for the pelaez sale to be completed is of course paying the estate taxes that's why mr. lao will withhold P4.5m from the full payment to ensure this. as i reported recently, we still need to get the certificate of no improvement of guba to complete the estate tax requirements. we already gave the assessor the certified tax decs and the ctc of the title but yesterday the assessor asked for the tax clearance and vicinity map with sketch plan. so i went to engr norvic and paid P5k to make the sketch map and i will be getting it today. i will post the receipt on this chat group. on monday i will have tita doris pay the taxes of guba and get the tax clearance.
to decrease the chances other properties will be liened in case Ang succeeds in demanding a bigger payout, i will withold P3m before dividing the balance by 9. but of course i will prioritize the urgent necessities of the heirs such as tuition fee and medical expenses. that means for now it will be a bit more complicated because each heir will have a different balance or claim in the checking account of the estate. the good news is the detailed accounting will be available on the wiki in real time for all heirs to see. and when mambaling or guba is sold, then i can just immediately equal out everything to simplify.
also yesterday the signed extrajudicial of the 10 heirs of lola ica arrived in the mail so i went to one of those sidewalk notary lawers around city hall to have it notarized. it cost P5k (i will also post the receipt). on monday, i will accompany tito boy in the BIR to pay their estate taxes (P5.3k). tita cora said they will send money for the estate tax and notary. for now i will just expense it but remove it once their money arrives.
it's amazing lola ica's heirs all signed it in 2 weeks even if 1 heir is in dubai (tito engelbert), 1 heir is in aklan (tito ponso) and 3 heirs are in marikina. when i posted the draft of the extrajudicial they had it reviewed by their lawyer friend who is a fiscal in marikina and the fiscal said the extrajudicial i created is defective. there are no spouses and the addresses are all in cebu. i told them i'm aware of the defect and it's intentional. for me common sense dictates these minor technicalities are not important and i want to experiment if common sense prevails of minor technical details. for me the important element of an extrajudicial is the clause "the deceased left no will and no debt", and it contains the names of all heirs. common sense also tells me that not all heirs have to sign if there is no assignment or sale. i asked 2 BIR assessors about this and they confirmed not all heirs have to sign if there is no sale or assignment. the notary also asked for the xerox copy of the ID of all 10 heirs. i did have the 10 IDs. but for the sake of experiment, i only gave 7 and told the notary lawyer that's all i had. the notary still proceeded to notarize the extrajudicial. then i asked the notary that if one of the properties has a title and there is a debt annotated in the title, will he notarize it? he said he will never notarize it because he will surely be disbarred and the heirs can be sued for purgery by the claimant. that's just common sense. my point of all this is that all we really need is common sense to tackle the issues of the estate. it's not rocket science or we are not trying to invent a cure for cancer. there is no need to be stressed or emotional. we have so many reasons to be happy and no reason to be worried and stressed out. stress is very bad for our health. lolo and lola would want all of us to be healthy and happy.
tomorrow morning (sunday) i will coordinate bebot's move out. then i will go to toledo to figure out where to temporarily move the occupants of 4130-prt who are blocking the road way to 4126. note the 4130-prt occupants are cooperative and glad they will be relocated to 4126. it's amazing it was maldo who suggested the most ideal path for the road. i told him we need to hire an engineer for this we can't just wing it ourself. but the engineer of the contractor agreed with maldo's advice. another example that estate administration is really just hard work and common sense. aside from perseverance and hard work, it's also very important the administrator lets go of his/her pride. whoever becomes the next administrator needs to continue being transparent with the accounting. you need to itemize everything and report any changes in a timely fashion. i know it's like being a servant and our normal instinct is to feel everyone should just trust us because we are like kings and queens. i'm also convinced that family conflict is the "comfort zone" of the heirs and we would always be magnetized towards famliy conflict. that means the lack of detailed and timely accounting will guarantee that all hell will break lose. you might think this is just useless ranting. but what i'm about to say is actually the most important information i've ever posted in this chat group:
keep in mind the stakeholders of the estate is not just 9 brothers and sisters anymore. the clan has expanded into 44 fully grown adult members. just like in all other clans of this size, there will always be some who falls far from the tree. don't believe the saying an apple never falls far from the tree. some will belong to the shady underworld. some will be influenced by BOYFRIENDS and spouses who belong to the shady underworld. and they all are FIERCELY expecting and monitoring their stake in this very lucrative estate. but this is not a problem because they could be our closest ally as long as we never do anything to harm them or swindle them. for me they are valuable assets because when we EACH start pursuing our own bedspacing business plans (for the properties who don't have a right of way), i could hire them to evict tenants who don't pay. right now they consider me their hero and invite me to their parties and give me the utmost respect and they run up to me and ask for my blessing everytime they see me. we just need to be very transparent and timely with the accounting so they know they are getting their fair share. lack of transparancy will breed suspicion, which could ignite to all hell breaking lose. the possibilities are so ugly i can't even mention it here but i'm sure you know what i'm talking about. this is the most important thing everyone should keep in mind, in case i get covid or get into an accident and can't carry on as administrator. i hope everyone reads this last paragraph over and over again to drill it into your heads. this is literally the most important thing i've ever said to the heirs. "the godfather" was not just a movie. now that there will be roads going to our 52 hectares of toledo, we are now potentially dealing with hundreds of millions worth of estate. it's something we should all celebrate and be happy about as long as we exercise discipline, transparancy and timeliness with our accounting.
6/1/21 estate tax for 60ha toledo lot and pelaez balance
when atty balili told me the final estate tax was P4.5m, the next day i inspected the computation to make sure all properties were included. tu= 6/5/21 pelaez full payment this monday =
bebot has agreed to start moving out this sunday morning. i suggest all abled body pinanggas of lola and lolo in the compound will go to pelaez 8am to provide manpower so that mr. lao can give the full payment the next day.
if bebot actually moves out, the deed of sale signing and full payment is this monday 11 am at BDO in colon. as required by the judge, full payment will be deposited to a checking account under "estate of raymundo and desamparados crystal".
the judge also required we submit an inventory and accounting of the estate together with the deed of sale. since the mambaling and toledo titles are still with tita jane, i will have to declare it as lost in the inventory to protect her. if the titles arrive we can just declare it as found in the next inventory and withdraw the re-issuance affidavit from the ROD. if not then we will spend around P50k per title so around P200k.
another requirement for the pelaez sale to be completed is of course paying the estate taxes that's why mr. lao will withhold P4.5m from the full payment to ensure this. as i reported recently, we still need to get the certificate of no improvement of guba to complete the estate tax requirements. we already gave the assessor the certified tax decs and the ctc of the title but yesterday the assessor asked for the tax clearance and vicinity map with sketch plan. so i went to engr norvic and paid P5k to make the sketch map and i will be getting it today. i will post the receipt on this chat group. on monday i will have tita doris pay the taxes of guba and get the tax clearance.
to decrease the chances other properties will be liened in case Ang succeeds in demanding a bigger payout, i will withold P3m before dividing the balance by 9. but of course i will prioritize the urgent necessities of the heirs such as tuition fee and medical expenses. that means for now it will be a bit more complicated because each heir will have a different balance or claim in the checking account of the estate. the good news is the detailed accounting will be available on the wiki in real time for all heirs to see. and when mambaling or guba is sold, then i can just immediately equal out everything to simplify.
also yesterday the signed extrajudicial of the 10 heirs of lola ica arrived in the mail so i went to one of those sidewalk notary lawers around city hall to have it notarized. it cost P5k (i will also post the receipt). on monday, i will accompany tito boy in the BIR to pay their estate taxes (P5.3k). tita cora said they will send money for the estate tax and notary. for now i will just expense it but remove it once their money arrives.
it's amazing lola ica's heirs all signed it in 2 weeks even if 1 heir is in dubai (tito engelbert), 1 heir is in aklan (tito ponso) and 3 heirs are in marikina. when i posted the draft of the extrajudicial they had it reviewed by their lawyer friend who is a fiscal in marikina and the fiscal said the extrajudicial i created is defective. there are no spouses and the addresses are all in cebu. i told them i'm aware of the defect and it's intentional. for me common sense dictates these minor technicalities are not important and i want to experiment if common sense prevails of minor technical details. for me the important element of an extrajudicial is the clause "the deceased left no will and no debt", and it contains the names of all heirs. common sense also tells me that not all heirs have to sign if there is no assignment or sale. i asked 2 BIR assessors about this and they confirmed not all heirs have to sign if there is no sale or assignment. the notary also asked for the xerox copy of the ID of all 10 heirs. i did have the 10 IDs. but for the sake of experiment, i only gave 7 and told the notary lawyer that's all i had. the notary still proceeded to notarize the extrajudicial. then i asked the notary that if one of the properties has a title and there is a debt annotated in the title, will he notarize it? he said he will never notarize it because he will surely be disbarred and the heirs can be sued for purgery by the claimant. that's just common sense. my point of all this is that all we really need is common sense to tackle the issues of the estate. it's not rocket science or we are not trying to invent a cure for cancer. there is no need to be stressed or emotional. we have so many reasons to be happy and no reason to be worried and stressed out. stress is very bad for our health. lolo and lola would want all of us to be healthy and happy.
tomorrow morning (sunday) i will coordinate bebot's move out. then i will go to toledo to figure out where to temporarily move the occupants of 4130-prt who are blocking the road way to 4126. note the 4130-prt occupants are cooperative and glad they will be relocated to 4126. it's amazing it was maldo who suggested the most ideal path for the road. i told him we need to hire an engineer for this we can't just wing it ourself. but the engineer of the contractor agreed with maldo's advice. another example that estate administration is really just hard work and common sense. aside from perseverance and hard work, it's also very important the administrator lets go of his/her pride. whoever becomes the next administrator needs to continue being transparent with the accounting. you need to itemize everything and report any changes in a timely fashion. i know it's like being a servant and our normal instinct is to feel everyone should just trust us because we are like kings and queens. i'm also convinced that family conflict is the "comfort zone" of the heirs and we would always be magnetized towards famliy conflict. that means the lack of detailed and timely accounting will guarantee that all hell will break lose. you might think this is just useless ranting. but what i'm about to say is actually the most important information i've ever posted in this chat group:
keep in mind the stakeholders of the estate is not just 9 brothers and sisters anymore. the clan has expanded into 44 fully grown adult members. just like in all other clans of this size, there will always be some who falls far from the tree. don't believe the saying an apple never falls far from the tree. some will belong to the shady underworld. some will be influenced by BOYFRIENDS and spouses who belong to the shady underworld. and they all are FIERCELY expecting and monitoring their stake in this very lucrative estate. but this is not a problem because they could be our closest ally as long as we never do anything to harm them or swindle them. for me they are valuable assets because when we EACH start pursuing our own bedspacing business plans (for the properties who don't have a right of way), i could hire them to evict tenants who don't pay. right now they consider me their hero and invite me to their parties and give me the utmost respect and they run up to me and ask for my blessing everytime they see me. we just need to be very transparent and timely with the accounting so they know they are getting their fair share. lack of transparancy will breed suspicion, which could ignite to all hell breaking lose. the possibilities are so ugly i can't even mention it here but i'm sure you know what i'm talking about. this is the most important thing everyone should keep in mind, in case i get covid or get into an accident and can't carry on as administrator. i hope everyone reads this last paragraph over and over again to drill it into your heads. this is literally the most important thing i've ever said to the heirs. "the godfather" was not just a movie. now that there will be roads going to our 52 hectares of toledo, we are now potentially dealing with hundreds of millions worth of estate. it's something we should all celebrate and be happy about as long as we exercise discipline, transparancy and timeliness with our accounting.rns out all the untitled lots of toledo were not yet included (10ha 4143, 60ha 4126 and 6ha 4127 = 76ha). note we have to pay for the entire 60ha even if 27ha was CARPed. officially the zonal value at the time of death was P310/sqm, which is a whopping P235.6m gross value. so the estate tax (6%) is P14.1m. atty balili was able to compromise it down to P200/sqm (P152m gross X 6% = P9.1m). atty balili suggested we attempt a direct substitution to the heirs, which is possible for untitled properties. i remember atty camiso advised this if we failed to get the tax decs before the amnesty deadline. however i remember atty atup (via atty justine) telling me direct substituion is not possible and in order to get the tax decs we need to file a new case because the court orders have expired, which means there was no chance that 4126/4127/4143 could be included before the amnesty deadline. so i told atty atup about atty camiso's suggestion for direct substitution and he said it's not possible. the good news is if direct substitution does not work out, we have time to pay the P9.1m because the amnesty deadline is extended 2 years. i told atty balili i want to give him an incentive (or else it will take forever because atty balili is swamped with so many other cases. i hope by now all heirs are convinced that the only way for us to succeed is to give big incentives to our lawyers). imagine it will save us P9.1m. he said we will work it out once the pelaez sale is finalized and the estate tax for the other properties (P4.5m) is paid.
regarding pelaez, the good news is mr. lao decided to give the full payment even if bebot still won't move out even there is already a demolition order. this monday we will finalize the sale. each line of heir will receive P138.5k. papa, tita jane, tito virgilio and tito mike will receive additional P500k or P638.5k. tita doris and tita georgia will each receive additional P250k for the 3% family commission. the details are in our wiki under the pelaez section: http://covid19.wiki-site.com/index.php/MundingDida#pelaez
tomorrow i will go to mactan because the BIR was requesting the latest revision of the tax dec and no improvement (which i find strange because the computation is from time of death). i will also go to DAR to get a certification that 4126 was CARPed.
5/29/21 misc expense report
1) evictment of 73 occupants of our toledo lots - i signed the demand to vacate for each 73 occupant, 2 copies each so i almost got carpool tunnel syndrom :-) then i gave P6,500 to atty balili's staff to mail the 73 demands registered mail.
the good news is that we don't have to spend P93k on the back taxes of the 73 buildings (some are commercial buildings). the toledo assessor told me they have a new policy that a requirement to get a tax dec is tax clearance. i withdrew P100k and was about to go to toledo to pay the P93k but while i was in atty balili's office signing the demand to vacate letters, the assessor called me saying i need to get an authority from all building owners to get their tax dec. of course that would be impossible because why would the occupants cooperate with us when we are trying to evict them? so i gave the phone to atty balili and all of a sudden i could hear from the speaker phone the head assessor sounded rattled. atty balili told them all we need is a certification of the assessed value of the buildings because it is a requirement in the filing for eviction. that's because the filing fee for evicition is based on the assessed value of the buildings. the assessor immediately obliged to atty balili's request and just asked for a request letter. so now thanks to atty balili we saved P93k and it's even simpler because instead of 73 tax decs we just have 1 certified document listing all the tax dec numbers and assessed value. amazing !!!
2) another good news is the authority to sell pelaez and mambaling has been approved. the only problem is the judge also required me to submit an inventory of all estate properties within 10 days and i still don't have the mambaling and toledo titles. even if tita jane mails it now, the titles might not arrive within 10 days. the judge might get angry because when the judge interviewed me, he ordered me to take possession of all estate properties and submit an inventory. so we have no choice but to file an affidavit of re-issuance. i went to toledo ROD and paid P943 for the 3 titles to be annotated. tita doris went to cebu city ROD and paid P1,567 for mambaling title to be annotated. at least now we have something to show in the inventory (receipts). the good news is it will take around 3 weeks for the re-issuance to be annotated then after that we will file it in court which would cost around P50k per title (filing fee + publication fee + lawyer fee). so tita jane now has enough time to mail the titles
3) turns out some of the tax decs that edith handed over to me were just colored xerox copies so i asked tita doris to get the certified tax decs of pahina, mamabling, pelaez land, pelaez buliding, and pelaez certificate of no improvement (i was not aware you still need to submit a certificate of improvement even if there is already a building tax dec). tita doris also had to go back and forth to the assessors because the request letter for the guba improvement needed to include the lot number. tita doris also needed to get the CTC of the guba title from ROD as part of the requirement for no improvement. the total cost including moblization and meals of tita doris is P3k for the entire week's worth of effort. the good news is by wednesday we will get the improvement for guba and pelaez and on thursday mr. lao can pay the estate taxes (P4.5m). i will also expense P901 for gasoline to toledo since i didn't go to aloguinsan for R&R. if i go to aloguinsan after toledo i won't expense my gasoline cost because i would consider it going to aloguinsan for personal enjoyment and i just stopped by toledo to do some estate transactions.
there's also something very important you need to know - when our ROD contact (carido, who is also our relative from aloguinsan who's house is just next to lolo salo and lola minggay's house) saw balili's affidavit of re-issuance he was impressed and wanted to hire atty balili to solve problems with his properties. i told carido that balili's services are part of the administrator package and he might be too expensive. but carido insisted on hiring atty balili regardless of the expense. imagine an ROD insider who has dealt with so many lawyers in his career so by now he should know how to pick the best laywer and he refuses to hire another lawyer he just wants atty balili.
picking the best people to help us is the key to our success so it's very important to know how to evaluate and value people's capabilities. that's why i will hire oscar labrador to help us with the papers for our toledo subdivisions. i drove oscar to toledo to do the appraisal and during the entire trip, his phone won't stop ringing because people kept calling him for advice and services. one of the callers was begging him to go to cagayan but he refused because of the pandemic. are there no brokers and appraisers in cagayan? i'm sure there are lots of brokers and appraisers in cagayan but he was asked to go there because he is probably the only one who has the reputation and track record. beware of the old mantra:
"YOU GET WHAT YOU PAY FOR"
also, we should never judge people for their social status or charisma. when i just started to get involved, someone who looks like a habal habal driver or pier cargador approached me saying he has a buyer for our toledo properties. i told him we don't have tax decs yet for 4126/4127/4143/4129. he handed me a THIN yellow folder containing our toledo court case documents and told me i should be able to get the tax decs already because we already won the court case. i ignored his advise because he looked like a swindler. the entire time he had a very big smile on his face. he also told me that if we won't sell toledo we should plant neem trees and make lots of money from the fallen leaves which could be used as coal for power plants. i dismissed his advise based on his looks. when we hired atty atup, tita doris, tita georgia, and me gave atty atup all the court documents we had relating to toledo. atty atup told us the documents had lots of missing pieces and asked me to go to toledo court clerk to get the complete documents. after 1 month the toledo court clerk said they couldn't find the missing pieces atty atup was looking for. i lost all hope of geting the tax decs and beating the amnesty deadline for toledo because it was already january 2021. maybe it was lolo and lola's spirit that guided me but for some reason i gave atty atup the yellow folder that the mysterious fellow gave me and i almost fainted when atty atup told me the missing pieces were in the yellow folder. until now i'm still regretting that i didn't get his name and phone number.
so when maldo told me someone wants to buy soil from us for P500/truck, my first reaction was "you idiot that's how much it cost to rent the truck + fuel expense there is no way we can make a profit". i ignored maldo's suggestion. later that day i think it was lolo and lola who tapped me on the shoulder and reminded me about that mysterious fellow who gave me the yellow folder. so i asked maldo why he thinks it's a good idea to sell our soil for P500/truck. maldo told me the contractor spends for everything and P500/truck is already net profit. he told me instead of selling our lots for P200/sqm, why not sell it for P500/sqm but we sell it 100 times and after that WE STILL OWN THE LAND and the value of the land goes up because it is now "patag". i almost fainted. so i told him to call the contractor and took a video of their conversation and posted it on our chat group. i hate to say this but maldo may be uneducated but he is wiser and has better instincts than any of us. that's why if this quarry pushes through, we should hire maldo to help us with the operations and pay him 5% of the revenues. so if we make P1m a month we give him P50k a month. remember the old mantra - "YOU GET WHAT YOU PAY FOR". one time we were treating the assessors to karaoke and he got very drunk. when i drove him home, he told me he is worried about me because when i grow old there will be no one to take care of me. that's amazing wisdom.
4) i also needed to certify 5 copies each of the motion for authority to sell and the order because it will need to be attached to the deed of sale for peleaz. total is 175 pages. xerox cost P475 and the certification cost P6k (P10/page and i gave extra to get them all done by monday). so now we just need to wait for bebot to move out and mr. lao will give the full payment. the good news is we had a favorable comment from the city legal office regarding the demolition permit.
5/25/21 toledo updates
1) good news - the entire lot of 3820 (2.7ha) is ours. this is a big deal because that means our frontage to the national road is not like a shape of a weird snake (long and thin). it's actually like a cow - big and fat which increases the value further. the .4ha area in the tax dec was just to lower the taxes, a common practice at that time. it's good to know lola and lolo used to "play the game". hehehe. first i went to DENR in toledo, who advised me to go to tax mapping and see if there are other declarants. if we are the only declarants of 3820, that means we own the entire lot. if there are other declarants, i should go to bureau of lands in sudlon lahug to find out if the lot has partitions. if it's just 1 lot, then that means there can only be 1 owner and the other declarants will have to fight it in court (which we already won). i went to tax mapping toledo. maldo's karaoke partner (i will post a video soon) showed me there are around 8 other declarants (note removal of other declarants of all estate properties is part of the P1m lawyer fee to balili, including removing the encumbrances of all titles. however, titling and evictment, which is not considered an estate ownership issue (it's more cosmetics) is a separate lawyer's fee). when i got home i went to bureau of lands in sudlon lahug. their expert told me to request a cadastral map. i showed him the photos of cadastral map on my iphone. he was surprised and asked me how i was able to take photos of the cadastral maps. oops !!! i told him i have a friend in the DENR. he looked annoyed although i've dealt with him many times in the past and he is always in a constant state of distress. atty balili told me that is his normal state and not to worry about it. then he told me to get the lot data computation so i can determine the area of the lot. i told him already have the tie lines from tax mapping and already computed it to be around 2.7ha. then he told me if the boundaries in the tax decs matches the boundaries in the cadastral maps. i showed him that it does. he then concluded that we own the entire property and the .4ha is just to lower the taxes, a common practice in the past. he said, "standard man gyud na ang panikas sa unang panahon". hehehe. note that everything he said is exactly what engr. norvic told me. i'm trying to get a second opinion. i hope you learn that dealing with estate issues is not a walk in the park - you have to aggressively cover any potential pitfall and always try to get a second opinion if it's possible.
2) another good news - the quarry contractor told me the results of the initial soil testing from the samples he took passed with flying colors. that means we are inching closer to the P2 million a month revenue.
3) another good news - the quarry contract told me the owner of lot 4128 mr. garces allowed them to create a road that cuts through their lot so we can access our 4126/4127 even if we haven't started processing the annotation of our titles and tax decs. i texted mr. garces this:
"hello sir garces. si ian crystal ni administrator sa crystal estate. in behalf sa crystal family magpasalamat mi na inyo mi ge hatagan ug access sa amo lot 4126. mas maayo unta ipa perpetual annotate nato sa tax dec or title para mo saka pud value sa inyo 4128 ug permanente na duna mo right of way or dalan gikan national road hantod sa inyo 4128. easily mo quadruple na value sa inyo yuta. kami ra gasto ug lihok sa tanan. pahibawa lang uban nimo igsuon bisan e forward lang ni na message. text or tawagi ko anytime kung duna mo pangutana. kung mo agree mo ingna lang ko para masugdan nako ug process. ako number 0920-292-7615."
this means for sure we will have a legit road access to our 4126/4127. and WE DIDN'T HAVE TO SPEND A SINGLE PENNY !!! i'm like donald trump i keep making favorable deals yet many beneficiaries of the deals are still angry at me because i have a very disgusting personality. hehehe !!! but we should not rest on our laurels. we should still try our best to legitimize the other road access that cuts through our 4143.
4) me and maldo met with the barangay captain of poog at his house. he ordered 4 boxes of pizzas and softdrinks. i told him the heirs are happy and surprised to see the wide barangay road that cuts through our 10ha 4143 and ends up in our 38ha 4126/4127. i told him we were surprised because it's not in the google satellite map. i told him although the satellite map did indicate the images were taken in 2015. he told me he created the road just few months ago on december 2020 and he really just revived the old road used by atlas mining which got covered by bushes that's why you can't see it in the satellite map. i said that's great but i need to know the status of that road. he told me unfortunately, it's not a barangay road and he really don't have proper papers for it. moreover, he researched and found out atlas also never had proper documents to use the road. right now he is paying 8 owners of the lot (including occupants of our 10ha 4143) P20 for every truck that passes by. although he said cars and motorcycles don't need to pay a toll fee just big trucks.
i told him 4143 won't be a problem because for sure we will recover that property. i asked who are the owners between 4143 and 4126. he said there are 2 lots - aboitiz and esperanza. he said the aboitiz were angry at him for cutting through their property. i said what IDIOT wouldn't want an access road to their property from the national road? mag helicopter ra sila? he said aboitiz is planning to build a compound so of course nobody wants a public road cutting through their private compound. i said that's understandable because even in our crystal compound my aunts are annoyed at condominim residents (munoz m5) cutting through our compound. i said but aboitiz needs to pass by our 4143 to access the national road. he said aboitiz and esperanza will surely grant us access to our 4126 in exchange for allowing them to pass by our 4143 but we will need to pass by their boundary so they can fence their compound. he told me he will build this road himself at his expense because he will be the one using the road to collect the sand and gravel surplus from atlas mining. (another road immensely beneficial to us and we don't have to spend a single penny !!!)
i then asked what's the situation between the national road and our 4143. he said the good news is that road is permanent. the bad news is that road is private. it's permanent because when the owners bought their lot, that road right of way is part of the purchase agreement. however it's private. i asked if it's possible for the barangay to pay the owners of the lot to purchase that road? the barangay captain said yes it's possible. i asked why he hasn't started to process it? he said he just hasn't thought about it but now he will start processing it because it benefits him a lot. i then asked if he loses in the next election or he reaches his term limit, will the processing be in jeopardy? he told me him and his wife just takes turns whenever they reach their term limit. that means probably tita georgia will be the next mayor of tudela when tito jojo approaches his term limit. he told me he is not in danger of losing in fact he never has to campaign. he also assured me that even if there is another barangay captain, for sure the successor will still be under his influence and it's the tradition or unwritten rule in toledo politics that they never disrupt any deals or projects of their predecessor. i thanked him and told him i need to start heading home while there is still daylight.
i will post some photos of this questionable road. however it's important to note we really don't need this road to access our 4126 because the quarry contractor will build a road that passes through our 4130-prt, 4129, and the 4128 of garces.
4) my contact said they can start working on the 73 building tax decs of the occupants on june 1 when the ones in charge will return from their pandemic assistance re-assignments. he said it should take around 1 week. once we have these 73 tax decs, we can start the evictment process.
5) one more thing - i also talked to the barangay captain of poog about the 73 occupants of our 3816 many of whom have big mansions like that of beverly hills. he said the word around town is that everyone is aware the crystals own 3816 and is planning to sell it. the occupants have been expressing their wish that the buyer will not demolish their houses and they wish the buyer will give them the option to buy their lot. i told him we just had it appraised and it's P2k/sqm (P130 million). i said our plan is to subdivide it into 200sqm lots making sure to accomodate the lots of current occupants and then sell the lot to the occupant for P700/sqm. if they can't afford it, they will be relocated to a 200sqm lot in our 4126 which will have a road access. i said it was lolo and lola's wish to reserve 3ha in 4126 to relocate all our occupants. the barangay captain said if that's the case we shouldn't have any trouble dealing with the occupants. i told him but we are still filing evictment proceedings in court. he said that's better because it will make it easier for the occupants to accept our offer if there is already an evictment order. he then offered me to hire him in case we need roads built in our subdivision because he already owns a back hoe and heavy equipments. i told him for sure we will hire him when the time comes we need more roads built.
6) regarding estate taxes, i'm writing a letter to the assessor mr. wenceslao to request a certificate of no improvements for guba. they said it should be ready in 2 weeks. once we get it, mr. lao can pay our estate taxes which is currently computed at around P4.5m.
5/22/21 cobweb of super good news
so much good news i don't even know where to start.
1. estate tax - the latest computation is around P4.5m (much less than the P8.5m of edith). this does not even include the deductions yet such us lawyers fees and family home deductions. it's amazing we spent P3m on administratorship but saved P4m in estate taxes. the morale of the story is life is a never ending series of give and takes. you win some you lose some. just chill and be happy. i read in the news duterte will sign an extension of estate tax amnesty next week. i talked to duterte on the phone and ordered him to sign the extension tonight so families can enjoy their weekend. hehehe. even if duterte does not sign, mr. lao will pay our estate tax. if mr. lao gets a heart attack and cannot pay, i can pay it. if i get a heart attack, the mambaling buyer atty ong said he will pay it. if that does not ease your worries, i don't know what will.
atty balili is trying to convince the assessor to exempt tito gerry's and tito bertie's estate taxes. i did not quite understand how i think it's related to the family home certification or indigent certifications from the barangay. that will lower our estate taxes further by P500k and we should thank tito virgilio because he was the one who advised us to get the barangay certifications.
the only thing that dissapointed me is i wish it was much lower than P4.5m so atty balili can get his cut (as the majority signed in the MOA). the key to our future success and getting our P2 billion potential inheritance is having a very talented and hardworking lawyer like atty balili on our side. in fact the battle between companies in silicon valley (e.g. google, apple, facebook, etc ...) is not who has the better technology but who has the best talent. the #1 priority of tech companies is not really to develop the best technology but to ATTRACT THE BEST TALENT. the best way to attract talent is reward. i remember back in my silicon valley days everytime i come up with a good idea my VP will just give me $50k bonus check even if i was just doing my job. after working 15 years i got around $500k (P25m) just on bonuses alone from my ideas. the only problem was when i ran out of good ideas they kicked me out. hahahaha !!! silicon valley companies looking for the best operations VP were fighting to attract tita jane's son in law guillermo (jo-anne's husband). they offered him millions in stock options. ever since guillermo took the helm, his company has dominated market share at the expense of their rivals. the morale of the story is: if you want to succeed, invest in talent. dle ta mag tihik-tihik sa talent. that's why bill gates did not hesitate to give paul allen millions in ownership of his company because he knows paul allen will help him make $100 billion someday. i also don't think we will ever find a talented lawyer like atty balili who will PROMPTLY meet with me and answer my questions any time even on sunday night. the other lawyers we had would take weeks just to answer a text message (atup, camiso, tan, abellana). atty mark was also bright and responsive but he did not want the headache of dealing with tito virgilio. atty balili is the opposite - i can read his facial expression during the hearing it's as if he was salivating at atty Ang's lawyer and wanted to eat him for dinner. hahahaha !!! atty balili would spend an hour educating me about the law (with whiteboard illustrations) just so i can make the best decision. unbelievable !!!
the estate issues cannot be attacked by just being "straight to the point". problem solving involves many dots and we have to connect the dots. it's a COBWEB !!! not a straight line. lawyers can only supply the "straight to the point" dots that are related to the law. the client needs to supply the other dots and connect the dots. it's like deciding to have chemotherapy or not - the doctor can only give the medical related "straight to the point" DOTS such as chances of survival and treatment options but the decision lies on the patient and only the patient can supply the other dots such as financial situation and kids in college and connect the dots such as refusing chemotharapy to protect the college fund of his kids. or if you bought PRU-life insurance from chiqui the doctor will have no way of knowing that crucial "dot" in your decision. example of straight to the point is "removing the declarants of our toledo tax decs" - that's the lawyer's job. my job is to look for other dots and connect the dots like look for a quarry contractor who can earn us P2 million a month. i don't really care about the money. i'm just having fun treating this whole thing like a video game. the objective of my game is to give lola and lolo's pinanggas as many millions as possible.
2. yesterday i drove to lutopan to give to the quarry contractor the certified true copies of case r-1666 orders and decision. the contractor said we should be able to start quarrying soon. keep praying because this is P2 million a month in revenues for many years to come. i'm an aetheist (and a pedophile hehehe) so i will just keep my fingers crossed.
3. maldo told me the owner of lot 4128 (mr. garces) is excited about our offer of giving them access to the national road if they give us access to our 4126/4127(38ha). mr. garces is gathering up his siblings and will text me when they are ready to meet with me. their worry was they don't have money for the expenses but i will tell them we will take care of all expenses anyway it's just mutual annotation of our tax decs. the quarry contractor told me they will take care of creating the roads they will just use their bulldozers and pisons to create provisionary dirt roads (let's name the subdivision streets munding street, dida street, herman street and lamberto street. maybe future streets - balili street ....). i don't deserve a street named after me because i'm a pedophile. hehehe.
that's all the good news for now. the important thing we need to do is keep in mind we have so many reasons to be happy and ABSOLUTELY ZERO REASON to feel negative emotions as we continue to discuss our options forward. our differences in opinions are actually very insignificant. personally, i don't want to sell mambaling even for P40m but if my dad and the majority wants to sell mambaling even for P28.5m, i need to do my job as administrator and execute the will of the majority without any hard feelings. we just need to respect other people's personalities, priorities, and life situation. we can only give advice but in the end it's their decision and we should not let it ruin our happiness and harmonious relationship. if you can accept our love ones smoking cigarette you should also be able to accept your siblings deciding to sell mambaling for P28.5m so they can have money for their medical needs, business ventures, family vacations, etc ... smoking cigarettes is a thousand times worse than wasting money on precious memories in disneyland.
the most important DOT in the COBWEB of decision is "emotional feelings" and is something nobody can control. it's something you are born with. robin williams had all the money, talent, love, fame and was married to tita luz's cousin and they had wonderful kids but he just threw it all away by comitting suicide. was it wrong for robin williams to commit suicide? we don't know because we don't know the most improtant DOT of his decision which is his emotional feelings. maybe he was suffering as if everyday his daughter got run over by a car because of his clinical depression which has no cure. if i was in his situation i would also commit suicide. i hope this convinces you to respect other people's decision even if you think it's wrong. it's easy for us to say same sex marriage is wrong but if you were born gay i don't think you would be saying that. decisions are based on what a person feels and because you don't know what your siblings are feeling, you really don't know what is the best decision for them.
it's wrong to dictate our ideals and principles on others, but we should still express our opinions and give advice so i will give my humble advice regarding mambaling.
first of all, because of the time value of money, there's really not much difference between P28.5m today and P34 million 5 years from now. P3m today can be priceless or worth billions of precious family memories, dreams of business ventures coming true, or just the feeling and security of having millions in the bank is pricelesss. but if we wait 3 years to get the best offer and 2 years from now you are diagnosed with a terminal illness, even if we sell mambaling for P100 million, it won't matter to you because you are already suffering from the illness. you were deprived of 2 years of extreme happiness so in a way you lost billions.
if i own mambaling, i will never sell it before i buy the front lot occupied by the dela cernas. that's because i discovered the dela cernas are just squatters. duterte is extending the amnesty deadline but the tradeoff is the government will be very strict after the deadline has past. the lot in front of us belongs to remedios valles who died without heirs so there is no way for the dela cernas to pay for the estate taxes. when the lot is auctioned, we will have first priority to bid the entire lot because we have a deed of sale on the 94 sqm. if we buy the lot, it will double the value of mambaling overnight.
another reason why i don't want to sell mambaling is because if we use it for bespacing, it's actually worth P216m to us in future earnings, using a PE ration of 20 (note the PE ration of S&P500 is 31, so 20 is very conservative). note that bedspacers don't own cars just motorcycles so the current right of way along the squatters is already good enough. the M5 of munoz has 156 units on a 444 sqm lot. if we partition mambaling among 9 heirs, that would be 2,369sqm/9 = 263 sqm each. let's be conservative and say instead of 75 units each heir will just build 50 units. M5 is always full at P6k/month. let's be conservative and say ours will be only half occupied and P4k/ month. that's still P4k X 25 units = P100k/month X 12 months = P1.2m X 9 heirs X 20 years = P216m. actually this is the reason why atty ong and durano is willing to buy our mambaling even if the right of way hasn't been annotated (besides atty gines abellana giving us a guarantee we will win the right of way).
my dad agrees with my strategy but because MAMBALING HAS 8 OTHER OWNERS, he chose to respect the needs and desires of other owners. so it's simple - we will vote on it.
5/20/21 updates
1. mambaling title - there's a buyer named atty ong who is ready to give a full payment of P28.5m net for mambaling (they pay all expenses such as capital gains and broker's commission). unfortunately the sale cannot happen without the original owner's copy of the title because the buyer will need to submit it together with the deed of sale for the transfer of ownerhsip to happen. durano is also expected to give 50% of the P30m net before the end of the month (1 year to pay the other 50%). so we need to decide which offer to accept. but the important thing is tita jane needs to dhl the title to tita georgia. or we would waste money having to re-issue a new title. personally i don't care when or if mambaling get's sold but the majority of heirs are clamouring for the sale to happen especially bebot's eviction will drag on much longer and most heirs badly need the funds. as administrator, i'm just like an employee and it's my responsibility to fullfill the wishes of the majority.
2. mysterious tax decs - 9 employees from the assessors came to the compound to do some measurements. they concluded that the auctioned tax dec belongs to either tita jane's or tito bertie's house and the new tax decs will have to be cancelled. michael cordially apologized and told me they would have been willing to use tito virgilio's previous house as the scapegoat to cancel the auctioned 11262, but they did some digging and found out it was under tito virgilio's name so they could get in trouble if they went with my maneuver. if it was under lolo's name it would have been ok. they also assured us that we would be able to redeem it. arnold's rough estimate is around P200k to redeem it. don't worry about this amount - if the toledo quarry pushes through P200k is just lose change for the estate.
3. estate tax - now that the mystery of the mysterious tax decs have been resolved, i instructed atty balili to proceed with the final estate tax computation and include the 2 mysterious tax decs and tito gerry's building tax dec (under lolo's name) in the final computation. atty balili said his BIR contact told him we should have the final figure by wednesday. atty balili also told me mr. lao will pay our estate tax that very same day.
4. toledo quarry - the contractor asked for the r-1666 decision and orders to be certified. luckily donnie used to be a bail bond agent so she knows some insider who can get it done quickly for us. her contact asked us to return tomorrow around 2pm. i will give her contact a small token of our appreciation (3k). the contractor also requested a sketch map from tax mapping to make sure they don't end up quarrying outside of our property. i told them i will give them the tie lines from tax mapping and photos i took of the cadastral maps from denr that has official signatures (regional directors). they said that's better. this is also what atty balili asked from me for filing of the evictment of the occupants of our toledo lots. i'm starting to learn that only sketch maps that have a signature from a government official is valid for legal or court purposes.
5. toledo evictment of occupants - my assessor contact told me they will need more time to produce the 73 building tax decs because a lot of them are so old and they still need to recompute the assessed value. it's also time consuming for them to dig up each tax dec from the records. he said june 1 is the earliest they can do. i'm starting to smell something fishy but i hope i'm wrong. maybe there are occupants who work in city hall. hehehe. only time will tell. luckily time is on our side and there are always other remedies or solutions.
6. pelaez evictment - the permit to demolish pelaez was not approved. the officer in charge, who is an architect does not understand what is administratorship so she is requiring the signature of all the heirs. atty balili is writing the legal department of city hall to explain to the officer. mr. lao will pay the estate taxes after we get the computation from BIR next week but the full payment will only happen after bebot moves out. if we have to go through the normal process of evictment it will take around 3 months. for me that's not a problem but most heirs needs the funds badly.
coaching moment: how to quickly prove ownership of our toledo lots
we now have tax decs for all our toledo lots but they are still declared under other claimants. showing our tax decs and titles is not sufficient. i will be filing an administorship case to remove the other declarants together with the evictment of all 73 occupants.
in the meantime, whenever you are faced with a situation where you need to prove to someone like a contractor or claimant that we own our toledo lots, follow the guidelines i'm writing here. this helped convince the assessor to give us the tax decs for 4126, 4127 and 4143. and amazingly, this is also how the assessors are convincing the occupants of our 3816, 3817 and 4130-prt that already built big beautiful houses on our lot to start looking for another place to live because "the crystals" own the land they are living in. i just learned that it's the "talk of the town" in poog right now. my assessor contact told me many of our occupants have been streaming in the assessor's office lately very worried and devastated especially those who built mansion size houses. when i told the assessor that it was lolo and lola's wish to reserve 3ha of our 4126 near ilag river for all the occupants to relocate, the assessor was very impressed at our generosity and told me i should have a meeting with all the occupants so they will be less worried. i said we will be giving 200sqm per occupant so it will be around 1.5ha plus maybe .5ha for the roads and easements. the assessor (who have been such a big help to us since the beginning) asked if he can also get a 200sqm. i said no problem. hehehe. i apologize for making these minor decisions on my own but if we have to meet for every minor decision it will take 50 years for us to accomplish our objectives. for those who built big houses, we will give them the option to buy the land since anyway we will be developing it into a subdivision (i also changed my mind instead of 1000sqm lots, it will be 200sqm lots and those who want bigger lots can just buy more than 1 lot side by side). for those who can't afford to buy the land, we will refund them for the cost of building their house. i think this is fair since they bought the land in good faith - the seller ocang really did have a title. his only mistake was the court case was still ongoing. what's the point of going to church if we don't try to be fair to fellow human beings?
our toledo lots belong to 3 groups:
1. titled lots - 3816 (6ha), 3817(.112ha) and lot 4129 (3.5ha). court case t-381. just show the may 24 2007 certificate of finality and the july 29, 2009 court order ordering the ROD to cancel the titles of Ocang and issuing us new titles.
2. tax dec only lots - 4126 (32ha), 4127 (6ha) and 4143 (10ha). court case r-1666. just show the april 28, 2014 court order and april 29, 2014 certificate of finality ordering the assessor to annotate on the tax decs that lolo and lola is the declared owner and transfer the tax decs to their name. also show page 38 and 40 of r-1666 decision where it mentions that there is a supreme court resolution declaring lolo and lola as the owners of our lots.
3. awarded to lolo for court damages - .4130 (.4ha) and 3820 (.4ha). show the march 21, 1989 certificate of sale.
i put all these "golden" court documents in 1 folder. i had 3 copies but gave 1 to atty lilian guanzon of DAR and 1 to atty balili so i just have 1 folder left.
here's an example. the quarry contractor found out that our tax decs have other declarants when they did their own due diligence. i immediately asked for an email so i can send them the resolution. their manager only had messenger so i sent them this message and the photos via messenger:
sir,
mao ni ang mga court documents na nag prove kami gyud ang owner. ipa certify kuni inig monday pero ge send lang nako para ma sugdan na ninyo ug process or pa review ug abogado. naka limot pud ko ug mentiona na 38ha ra amoa sa 4126 ug 4127. ang 27ha na CARP pero klaro na ang subdivision. wala nay question asa ang amoang property. ge apil nako ang photo sa official na subdivision plan. ge shade nako ug lapis ang amo portion.
aside sa april 28 2014 court order ug april 29 certficiate of finality, e apil nako ang page 38 ug 40 sa decision na nag mention duna supreme court resolution declaring kami ang tagiya sa 4126 ug 4127. ge underline nako ug lapis ang supreme court statement. ipa certify pud ni nako ang tibuok decision.
pwede pud mo mo verify sa barangay captain sa poog ug head sa assessors so toledo. maka confirm sila na kami gyud tagiya sa property. in fact ang barangay captain sa poog mag bayad namo ug P10k a month kay naa gamay na lugar iya gamiton para mag ayag sa mga baas gikan sa atlas. actually ang assessors duna sila certified true copy sa decision ug mga court orders na ako ge message ninyo. mas dali kung inyo lang tanawon didto sa assessors kay usahay dugay ang pa certify sa court documents kay ila pa ukayon.
actually mag file nami ug kaso para tangtangon ang mga uban naka declare sa tanan namo properties sa toledo. ni ingon ang amo abogado sigurado gyud mi daog.
salamat sir. ingna lang ko unsa pa ang kuwang pero confident ko pwede na ta mag sugod ug quary. wala ni problem sa ownership.
5/15/21 updates on mysterious tax decs and toledo evictment
turns out jun alicante and magz knows each other from one of their mountain climbing trips. he also knows tito virgilio and spoke highly of lolo munding. jun assured magz that the duplicate tax decs would be resolved. also turns out i already met jun. he went with michael and roger to the compound as i posted in my report but i did not get his name. he looks different in person from the photo magz posted. i'm relieved to know jun is in the same camp as roger and michael. all this time i was having trouble figuring out how to prevent burning bridges with michael and roger because we never know if we might need their help in the future. arnold's suggested resolution is very different from the one michael and roger suggested so there is a danger of offending michael and roger. i've been trying to invite michael and roger for coffee so i can propose arnold's resolution which is to use tito virgilio's demolished house as the scapegoat for cancelling the auctioned tax dec and see if i can give them an incentive to support it. now my job just got easier.
the toledo assessors required a tax clearance to get the building tax decs of the 73 occupants. the total computation for the occupant's 73 buildings is around P37k. P7.6k is for the fee for 73 tax decs while P47.7k is the property taxes for the land. atty balili got angry and said he will ombudsman the assessors if they insist on requiring a tax clearance for the building tax decs. i will try my best to convince the assessors but i think it would be wise for us to just get the tax clearance anyway a big majority of it such as the land property tax is something we need to pay anyway. i think burning bridges with the assessors will be much more costly in the future. i will post the computations.
5/13/21 misc report
turns out the club filipino share #316 has been transferre to someone named solon. i removed it from our wiki. if you want to verify, their office is located in 16 floor of FGU building in ayala, phone# 231-1667.
maldo has submitted the requirements for the quarry to the contractor. yesterday the folks in the compound celebrated lola and papa's birthday. we had lechon, shrimps, dinuguan, bami, lumpia and cake. the damage was P16k. we decided on the names for the subdivisions. i wanted it it be desaray phase 1 to phase4 (short for desamparados raymundo). most preferred crystal phase 1-4. we will go with crystal phase 1-4. phase 1 is the 3.9ha 4130-prt/4129 combo along national road. phase 2 is the 6.5ha 3816/3817/3820 combo along national road just across phase 1. phase 3 is the 38ha 4126/4127 where a wide barangay road passess through. and phase 4 is the 10ha 4143 that is also split by a wide barangay road.
one of the requirements for evictment is the land status or other claimants for all the lots. this will also determine if we own the entire 2.7ha of 3820 or just .4ha. i will get this tomorrow at toledo DENR (our contact is gloria 0932-654-9483). we will also need the certificate of improvements/occupants for all lots and the building tax decs of all 74 occupants. i will get this tomorrow at toledo assessor. our contact is victor 0926-130-7627. i will also need to get a tax clearance for the evictment lots (3816,3817,3820,4130-prt, 4129). today is a holiday so i will try to invite them for some PR R&R karaoke.
regarding the authority to sell hearing, Ang's lawyer failed to submit a comment and the 5 day deadline has already passed. atty balili did submit a comment or manifestation. i will post a photos for everyone to read. the key part is in page 7 where the suprement court emphasized: "..... it is inline with this general power of the special administrator to preserve not only the property of the estate but also it's VALUE, that section 2, rule 81, also empowers such administrator to sell "other property as the court ordered sold".
it's not rocket science it's really just common sense. atty Ang's lawer was mostly trying to interpret the law literally, which is stupid because rules, laws and standard procedures are just there to guide us but it's main purpose is to resolve issues. i keep stressing this in my messages since the beginning - when making decisions, avoid being married to proper decorum and orthodox procedures. look at the big picture and do what it takes to accomplish our objectives as long as it does not cause harm to others. this is in page 6 "municipality of nueva era vs. municipality of marcos" - it is a well-establihed rule that laws should be given reasonable interpretation so as not to defeat the very purpose for which they were passed.
5/12/21 surprising barangay road and P2m a month income
super good news: there is wide baranggay road the cuts across 4143 and through 4126. but ian will still make a deal with the owner of 4128 where we give them access to national road if they give us access to our 4126. maldo found the owner of 4128 in talisay (garces accross talisay church) and he is setting up a meeting. another super good news is ian and maldo is negotiating with a quarry contractor that could earn us P2 million a month. by the time our toledo properties have flattened (maybe 10 years from now), we will subvidivde all properties into subdivision lots and sell piece by piece (1,000 sqm each lot). ian has finished assembling all requirements - sketch plan of 4126 and 4127, certified tax decs, 2 forms of IDs, cedula, administrator oath and order. maldo will come later to get the requirements and give it to the contractor (also named ian, the one who bought the kahoys last year). they will pay us P500 per truck load and the potential is 150 trips a day (P2m/month). the contractor will sell it to a japanese firm in san fernando doing reclamation for P3,000 a truck. i'm thinking maybe after a year we buy 3 trucks and also deliver ourselves and earn P3k per truck but of course still continue the current contractor's contract.
by the time we made P300 million from the quarry about 10 years from now, we can sell around 500 lots (8ha for easement, roads, subdivision facilities, etc...) at P3k/sqm (note a subdivision nearby is selling for P4,200/sqm so P3k/sqm is very conservative 10 years from now). this will probably be sold out maybe in another 10 years (20 years from now) for a total of P1.5 billion. this is the future of your kids and grand kids. the only thing we have to watch out for is i've been self educating myself on human psychology and i'm 100% sure our tendency right now is to SUBCONSCIOUSLY make HIGHLY EMOTIONAL decisions that would sabotage this whole plan because it's one of the most common human COMFORT ZONES. drama and chaos is subconsiously stimulating and we all are magentized towards it because all humans are stimulant addicts one form or another. if you are starting to make emotional reactions, resist the urge. do it for your kids and grandkids.
sounds too good to be true? i asked around my big contractor/developer golfing buddies they said it's what everyone who owns property in the mountains is doing. but they told me my mistake is revealing it to other people because this will cause the DENR sharks to hover around us. but i like to swim with sharks so let's spread the word. when they learned our properties total 58ha, they told me P2 million a month is so small considering the size of our property. they advised me to get more quarry contractors especially our lots are located in many places. let's take it 1 step at a time. baby steps.
ian will hire an expert to apply for subdivision development permit. this way we don't need DENR permit for the quarry because we can just say we are trying to flatten the terrain for the subdivision. we probably just need some sort of a disposal permit.
i propose we divide the profits by 10. 9 heirs + management (maldo, me and expert/consultant who secures all the permits and advises us on these things).
the 3816 is full of houses, some as big us the ones in beverly hills or maria luisa. i took photos for most of them. i will be printing them as part of the requirements of the evictment process. after discussing with atty balili, i chose to do an interdictal evictment. it will take long maybe a year but it's more sweeping - it will include all occupants including newcomers. this is to counter the typical squatter trick where they let new squatters in that are not part of the original filing to delay the proceedings. as i said we will be subdividing all our toledo properties into subdivision lots so we can give the occupants an option to buy the property they are already occupying. for those who can't afford, then they go to our 3ha 4126. i will try to research maybe there is some sort of socialized housing program where we get development funding from the government.
i talked to meo, the lay minister and defacto leader of the dozen occupants of 4130-prt. they told me many of the occupants have not been able to sleep lately because the don't know where to go. when i told them we will be provding a 3ha area in 4126 for the relocatoin of all occupants in our properties because it's was the wish of my lolo and lola, they all felt relieved and happy.
i stopped by engr. norvic on the way home. i requested sketch plans for 3816, 3817, 3820, 4130-prt and 4129 for evictment filing (P5k each so total of P25k). i also paid him additional P110k for the survey of 4130-prt and 4129. 4129 (P3ha) is perfect for quarry because it has a steep hill that we need to flatten anyway to make it ideal for subdivision lots.
engr norvic told me we own the entire 2.7ha of 3820 because it's what it says in the boundaries of our tax dec. he told me .4ha is just for taxation purposes. however, i saw the certificate of sale for 3820 and 4130-prt and it clearly says .4ha. i will show the this certificate to engr. norvic later.
from engr. norvic i went straight to city hall. i got the certfied tax decs of tita doris, tita jane and papa's lot which is a requirement for the certificate of improvement. i then requested for the certificate of improvements and i will be getting it later 3pm. atty balili will use this to write a letter to the assessor to cancel the 2 mysterious tax decs and certify our current building tax decs as the correct improvement. i also request arnold of treasury to setup a lunch with jun alicante. if jun alicante cannot cancel it, we will try atty balili's suggestion. note i'm trying to get the mysterious tax decs cancelled so they won't be included in the final estate tax computation and it will lower our estate tax. however if by the last week of may the mysterious tax decs has not yet been cancelled, i will just have it included to make sure we meet the amnesty deadline.
mr. lao will pay our estate tax even if the authority to sell has not yet been approved. however he will only give us the rest of the full payment when the authority to sell is approved. also note the deadline for Ang's lawyer to submit a comment was monday and they did not submit anything. so it's looking good in our favor.
after city hall i will accompany tito boy to BIR to submit the TINs/applications of all his siblings. then meet maldo at the south terminal to give him the requirements for the quarry. tomorrow i will go to club filipino in danao to pick up the certified true copy of lolo's shares and the certified book value.
5/10/21 amendment to toledo game plan
i analyzed the cadastral map and google satellite map and it looks like there is a 4 meter wide and 200 meter long road from the national road to our 10ha 4143. i will verify this tomorrow if it's public or private. if this is public, this could increase our estimate of 4143 from 200/sqm to 500/sqm for a total of P50m. if it's private maybe we could cut a deal with the owner. i think this was maneuvered by the landgrabbers of our 4143 so in a way they did us a favor.
only 1 lot (4128) separates our 38ha 4126/4127 combo from our 4129/4130-prt combo and it's only 150 meters. we should try to make a deal with the owner to buy a portion of their property, maybe 10 meters wide on the left side of their property. if it increases the value to 500/sqm, that would total a whopping P190m (up from P70m). that's P120m difference. that means we should not hesitate to spend P5m for the 150X10 right of way. the good news is it's a simpler process because it would only require an annotation of the title because we won't be splitting their property accross the middle. unlike the mambaling situation where our right of way cuts through the middle therefore the property owned by the late remedios valles needs to be broken up into 2 titles and our right of way has to be annotated on the 2 titles.
or we could make a deal. we could give the owner of 4128 a 10 meter wide access to the national road if they give us a 10 meter wide access to our 4126. so there's a big chance we might not even have to spend anything, just for the annotations such as capital gains tax and doc stamp.
before we try to sell 4143 and 4126/4127, we should exhaust all options to secure a right of way. if mambaling or guba is sold, each heir should set asside around P1m each for these efforts in case there are any big expenses. this new development has increased the potential of toledo to P50m (4143) + P190m (4126/4127) + P138m (3816/3817/3820) + P78m (4130-prt/4129) = P456m. that's P50m per heir.
5/8/21 toledo game plan
good news. the potential for toledo is P312m (P34.6m/line of heir). after analyzing the tax decs, i found out our .4ha 4130-prt is the frontage of our 3.5ha 4129 along the national road. that will increase the value of 4129 exponentially if we sell it together with 4130-prt. the tax dec says 4130-prt is bounded on the east by our 4129 and on the west by the national road. how do i know these boundaries are our .4ha and not the entire 2ha of 4130? because the tax dec says it's bounded on the south and north by prt. lot 4130. that means these boundaries are our portion and not the whole 4130 (a lot cannot be bounded by itself). that means it joins to our 3.5ha lot 4129 (titled) for a total of 3.9ha. in lamudi, lots in poog toledo along the national road are being sold for P2,000/sqm (the lots in green brooke subdivision just 200 meters from our properties are selling for P4,200/sqm). the size and location of our 4129/4130-prt combo is perfect for subdivision development. if we can sell it for P2k/sqm, that would be P78m. note the frontage for this is 50 meters (because the distance from national road to 4129 is around 80m so 4,000sqm/80 = 50 meters). imagine if the developer uses our 4130-prt as the entrance to the subdivision, considering the street will be 6 meters wide, they can still put around 48 lots just along the entrance (4130-prt) or 24 lots on each side. note the subdivision lot i won in the golf tournament (glen rose subdivision, car car) is only 72sqm and someone wants to buy it for P600k (P8.3k/sqm). 4000sqm - 500sqm (road) = 3,500sqm / 72 = 48 lots just on the entrance. crazy !!!
the good news is there's only 1 squatter and 1 caretaker (meo). meo is well off he has kids working abroad. meo told us if we will give him money for his expenses on building his house he would really appreciate it. i think we should because while fencing/selling this 3.9ha, we could live in it. it's a nice small house you can look at it in google street view. we should act on this immediately.
the good news is i have the tie lines to all our toledo properties and i figured out how to read tie lines. all i need is a compass and that roller geodetics use to measure distance. i can locate the mojons, plant a flag and take drone photos from above. then we have it fenced. (if we have it surveyed it will cost P55k and we would still need to locate the mojons anyway). 4129 already has a clean title so after it's fenced i can already tout this to tito joe soberano of landmasters (my mom's first degree cousin).
as i discussed recently, our 6.9ha just across the street (3816/3817,3820 combo) is also perfect for subdivision development. by the way the national road frontage for 3816 is actually 210 meters and the the frontage for 3817 is 140 meters. the certificate of no improvement shows exactly 64 buildings/occupants. atty balili told me it's not that bad although i haven't told him ALL those occupants have tax decs to their structures. note that there are some subdivisions that are located on both sides of the road which means the developor might also want to include this 6.9ha but for a lower price if they will be the ones to get rid of the 64 occupants. if we get rid of the 64 occupants ourselves, this can fetch for P138m. i wouldn't mind spending P3m to get rid of the squatters because if the price is lowered from P2k/sqm to P1.5k/sqm because of the squatters, that would be a whopping P32m difference.
so the lots we will be selling for P200/sqm would just be 4126 (32ha), 4127 (6ha) and 4143 (10ha) = 48ha (P200) = P96m.
in summary, we will be selling toledo in 3 parts: 1) 4130-prt/4129 combo = P78m 2) 3816/3817/3820 combo = 138m 3) 4126/4127/4143 = P96m. total potential is P312m or P34.6m per line of heir.
so here is our game plan:
1) this monday i will have the mysterious 2.2ha surveyed by engr norvic so that DENR can assign a lot number (this is where i plan to relocate the occupants of our lots). it will cost P35k. i will also have our 4130-prt surveyed so we are sure it actually connects to 4129. this will cost P25k. i will also have our 2 lots of 3820 surveyed so we will know if they really are 2 separate lots and if they connect to our 3816. the reason why i have no idea if our 2 3820 lots connects to 3816 or not is because the boundaries are the boundaries of the entire 3ha (we only own .8ha). the survey for these 2 lots will probably cost around P50k. the total will be around P110k.
2) on tuesday i will accompany the appraiser to toledo. i will try to have the 4130-prt/4129 combo under 1 appraisal and also the 3816/3817/3820 under 1 appraisal and with the assumption there are no squatters. i will also talk to meo and negotiate how much we will pay him. i will also negotiate with the other occupant in 4129.
3) once the occupants of our 4130-prt/4129 combo is out, i will locate the mojons, plant the flags, and take some drone photos. then i will make the brochure
4) tout 4130-prt/4129 combo to tito joe soberano. also go to all brokerage and developers and give them a brochure.
by the way tita jane it's better if you DHL the owner's copy of the titles of toledo (and mambaling) as soon as possible because we might not have enough time if the pandemic causes an economic collapse and crash in the real estate market. if you can't find it, i can have another one re-issued by ROD in just 1 day but we will need to pay P50k for each title.
5/7/21 toledo jackpot
maldo got the cadastral maps for all our toledo properties (except 2.2ha across ilag river because there is no lot number. engr norvic will survey this so denr can assign a lot number). turns out the 6ha 3816 is not only split by a barangay road it also has a whopping 150 meter frontage on the national road. the caveat with the national road frontage for 3816 is it's only around 10 meters wide inward. however, IF it connects to our .4ha 3820, there would be an additional 30 meters. and if tax dec 623 is really another lot in 3820 (also .4ha), there is another 30 meters so around 70 meters inward. but 3820 is around 4ha and we don't know where our 1ha i located. hopefully it's adjacent to 3816 so we get a wider frontage.
3817 (1,200sqm) is also along the national road also around 100 meter long and around 10 meters inward. it does connect to 3816, but the connection is like connecting 2 sharp edges of a triangle. weird !!! across our thin 3817 is 4130-prt (also along national road) which is .4ha so around 63m X 63m. that means we have around 7.3ha along the national road.
i will refrain from posting the maps because we might be tempted to sell it if someone offers us P1000/sqm or P73m. based on the comparables i saw in lamudi, maybe this will only sell for P500/sqm but maybe it could also sell for P2000/sqm (P146m) because there is already a subdivision nearby. note that the 52ha lots (around 500 meters from the national road) would probably sell for P200/sqm or P104m. that means our 7.3ha is more valuable than our 52ha.
patience is the key. first we get rid of all the squatters, fence it, create a nice brochure and drop the brochures at all brokerage firms and developers. then after a year, we sell it to the highest bidder. SIMPLE !!! i will show it to my uncle joe soberano of landmasters but only after we got rid of all the squatters so i don't waste his time.
the cadastral map is not so accurate so i went to tax mapping to give them the tie lines (that maldo got from the assessors) to all the lots, hoping to get a satellite map of our lots. turns out they needed to enter hundreds of coordinates first and it was already 3pm so i told them i will just enter all the coordinates myself in a notepad because it can take a day. then i will email it to them so they can just copy paste and maldo can LBC the maps to me. when i told the folks at tax mapping i needed the maps because our family have no idea where it is located, they laughed. they told me this is the first time an owner went to them for help because the owner does not know where his/her property is located. we are like bill gates - too rich to keep track of all our properties. character gyud ni ato pamilya. they were more flabergasted because 3816 was 6ha and along the national road. when the satellite image came up the technician shouted, "DA !!! WALA MAN NINYO TAGDA TANAWA DAGHAN NA KAAYO ANG NAG PUYO PWERTE RABANG DAKUA SA MGA BALAY !!!". when i looked, HOLY COW !!!our 3816 was like gemsville subdivision - big houses complete with fences and water tanks. hahahahahah !!! i remember tita doris warning me someone is trying to build a concrete house on our 3816. i asked her if she is sure it's on our 3816. she said no. that's one of the reasons why i'm in a hurry to know where it's located. and now it turns out it's already full of big concrete houses. that means bebot was just a warm up drill. the morale of the story is - less emtions, less talk and more action.
if we claim the 2.2ha across ilag river which is a mining area, we can put all the squatters there. but if there are mining tunnels underneath it could collapse and we could be responsible for thousands of deaths. i advised maldo not to relocate to the 2.2ha. we will cross the bridge when we get there. for now there are still so many things to do. i just got the list of requirements for titling from CENRO. i almost felt like quitting as the administrator when i saw the list. the list from CENRO is just the subset. duterte closed the filing of free patents (the deadline was december 2020), so we can only do judicial titling which is a longer process and cost more. let's pray congress will approve the extension.
5/6/21 various updates and mysterious tax dec saga continues
1) various updates
tomorrow i will go to toledo to have toledo lots appraised then go to aloguinsan for overnight. on monday i will go to danao club filipino to get a certified true copy of lolo's 2 shares and certification of book value because it's required by the BIR to be included in the estate taxes.
in case anyone is wondering, our original agreement of using my joint "AND" checking account with tita jane to deposit the proceeds of a property sale still holds if tita jane is in cebu. AND account means any of us can deposit but the 2 of us has to sign any withdrawl or writing of a check. the good news is the pandemic is almost over and tita jane has been vaccinated so hopefully she can come to cebu when another property is sold. if tita jane is not in cebu i will just deposit it to my checking account. don't worry i will need to submit an accounting/inventory to the court and i immediately go to jail if i do any malfeasance. the ideal scenario is for me and tita georgia to open an AND account but tita georgia backed out because she is the wife of an elected official and any big transaction will immediately red flag. tito jojo's political opponents might use it against tito jojo so it's best to just avoid being victimized by dirty politics. in the last administrator's meeting, atty balili suggested i take the place of tita doris because the titling of toledo and the removal of all the encumbrances in all the remaining properties will require even more tough dealings and maneuverings with government agencies, especially now that the filing of free patents have expired so our only option is judicial titling. therefore it will be me and tita georgia who will be regular administrtaors.
i visited pagina to guide them on what to do with the forms the BIR gave them. the remaining requirement before they can get a computation and start signing/notarizing their extrajudicial is to give the BIR the TINs of lola ica, lolo sergio and all their children. the BIR also provided TIN application forms for those without TINs.
2) mysterious tax decs saga continues
i went to mariquita in SM and showed her the receipts of the property tax compromise/payments of all the back taxes of the estate that papa paid back in 2013. she examined the receipts and computations carefully and told me she still don't know why tax dec 11262 (auctioned building in lot 5) was missed. she look worried. then i told her that tax mapping told me to find any 2 storey building in the compound without a tax dec because that's where they will assign the auctioned tax dec. i told her i already verified that all 2 storey buildings in the compound have their own tax decs (including tita doris's and tita angie's). i told her that tito virgilio's property was already sold by 2013 then it was demolished to make way for the new building. i suggested we make it the scapegoat. we will show the assessors our good faith that papa paid all the back taxes in 2013 and we intentionally left out 11262 because it wasn't ours anymore and it was being demolished. mariquita told me it's a very good idea and it should solve our problem. even if she is not in good terms with the assessors in city hall, she told me to talk to jun alicante who can help me especially we now have a strong case to have the tax dec cancelled.
i also suggested that after the auctioned tax dec is cancelled, we will give it time, maybe 2 years before we report tito bertie's duplicate tax dec 11263 (and tito gerry's duplicate tax dec 11538 although i never mentioned this to them). by that time we don't care which ones they cancel because no property is auctioned anymore and the computation for 11263 and 11538 is only P21k. if they see tito gerry's 11538 tax dec now i'm sure they will cancel the new tax decs so we will need to pray the treasurer will grant us the request to redeem tita jane's building. i also asked mariquita if we show we were acting on good faith by paying all the back taxes in 2013 but left out tax dec 11262 because it was being demolished, will the treasurer grant us the redemption? mariquita said yes it will surely convince the treasurer to grant us the redemption but we will have to pay around P200k to redeem it.
for educatoinal purposes, i asked what happens if a building has no tax dec and we never report it? she said - no record no problem. i then asked what happens if we totally ignore this problem? i told her, since all the houses in our comppound already have a tax dec that is not delinquent, when the tax dec 11262 is auctioned, the person who won the auction will go to our compound and try to claim the main house (since the certificate of improvement of the main house shows that tax dec 11262 and 11263 are building structures of the main house lot). i asked will the main house be in danger even if we already have a tax dec (11534 which is more valid because the land tax dec is 11533)? she said the main house will be safe, however the person who won the auction will sue us and although we will surely win, we still need to pay a laywer and attend court hearings so it's better to not ignore it and make sure 11262 is cancelled.
i then went to atty balili for a 2nd opinion. atty balili said my plan is good and there is a good chance it will work. however, jun alicante just recently got suspended so he might not have the power to help us. it will also involve some under the table maneuvering. if we prefer a more legit way, he suggested we get a certificate of improvement for all the titled lots in the compound. then he will request the head of assessors, wenceslao who is also his friend to assign the new tax decs and cancel the old ones. note that tito gerry's new tax dec is already what's in the certificate of improvement, but tito bertie's says there is no improvement so atty balili will request wenceslao to put the new tax dec. it will be interesting to see what's in the certfiicate of improvement for lot 2 (papa's and tita angie), tita doris's, tita jane's and munoz's m5. but i'm afraid this will cause them to create tax decs for the 1 storey structures that don't have tax decs such as the old kitchen so i will first try jun alicante.
i also asked atty balili what is the consequence of a house not having a building tax dec? he says the only consequence is that when we sell the house, we will need to apply for late registration and pay the back taxes which is not much because we can declare it was just recently built. i then asked what is the consequence if we totally ignore the problem of the auctioned tax dec (11262)? he said probably nothing because people never bid on auctioned buildings that don't come with the land and all the houses in the compound already have their own tax decs. i then asked if someone does buy our auctioned tax dec (11262) will we be embroiled in a law suit? he said yes. i then asked if we can exclude 11262 and 11263 from the estate taxes to lower our estate taxes he said yes but percentage wise, it won't have a significant effect. i then asked if we can exclude the pelaez building from the estate tax? he said yes now that the demolition permit has been approved. atty balili then told me to just chill and relax because now we really have nothing to worry about. his girlfriend gave me shiopao and drinks.
5/6/21 mysterious tax decs, hearing comments, and health pep talk
1) mysterious tax dec status
i talked to papa's friend mariquita and i was wodering why she was quite distressed about our auctioned building in lot 5. she said, "gi bayaran naman sa imo papa ang tanan back taxes ngano wala mani naapil (levied building tax dec in lot 5)?". i told her the P1.3m we paid was only for pelaez. i got really confused when she insisted it was for all properties of the estate. she then told me to write a letter to city treasurer mare vae reyes to request for redemption. she is not in good terms with the treasurer so she advised me to make sure the treasurer does not know we are being advised by her. i asked what are our chances the treasurer will grant us the request for redemption. she said 50-50. i then asked what action can we do if not granted? she said we take it to court. the good news is this case would fall under the umbrella of the administratorship so we can save a lot in legal fees. this is one of the advantages of administratorship.
i requested to have the 3 old tax decs computed so we know in advance how much we need to pay. she said they can only compute the 2 because they cannot compute the tax dec if it's' already auctioned. they computed the 2 tax decs and the amount was only P21k. i asked what is the rough estimated we need to pay in case we are granted the redemption for the auctioned building she said around P200k.
i called papa and papa got angry of the auctioned building in lot 5 when he already paid around P1 million for all the back taxes of all properties under lolo's name in 2013. i searched our files and found the receipts and the compromise agreements pagina, guba, main house and one of the buildings of lot 5 (taxdec# 11263). i think the aucitoned building (taxdec# 11262) was just missed. i will bring these receipts to mariquita. maybe we can use it as evidence it was the city treasurer's mistake so we should be granted the redemption.
meanwhile, the guys in tax mapping asked me to have the entire compound surveyed because the latest we have is too old (2005). they said they will then measure all the buildings in the compound, make sure each building has a tax dec and they will make tax decs for those that don't have one. note that until now they don't know for sure where the aucitoned building is located. i found the building tax decs for tita angie's and tita doris' house. papa's house is only 1 storey so it's out of the question.
in my opionion, there is a big chance that we don't need to redeem the aucitoned building and pay for the back taxes of the 2 old tax decs under lolo's name because in the first place, they don't know where they are located and all the 2 storey houses in the compound already have a tax dec which is current in property tax payments. we probably don't need to pay the estate taxes for those 2. i will ask atty balili and mariquita what would be the consequences if we ignore it, since now i'm already sure each house in the compound already have a tax dec under the name of the owners.
note that officially in their records, the 2 mysterious tax decs are buildings of the main house lot. i have the certificate of improvement for the main house lot and it shows the 2 mysterious tax decs are the building structures. i will ask atty balili and mariquita what will happen if the time comes they are about to confiscate the building but tita georgia and tito mike already has a building tax dec, which is more official because it's only 1 point difference from the land tax dec (11534 and the land tax dec is 11533).
2) hearing comments
the hearing yesterday was mostly atty ang's lawyer (atty gica) demanding P43 million. atty balili told me it's just standard negotiating tactic and not to worry about it. the crisis i had to put out yesterday was some heirs getting upset that they were not included in the email list from court. to prevent unecessary stress, which is hazardous to our health, my advise is we should not expect government agency employees to be thorough in their job because unlike private businesses or elected officials they really have no accountability for their human errors such as typos and missing some items when typing the email list of 21 heirs. i also posted in our chat group a screen shot of their request for emails and i myself was wondering why many heirs were excluded. we have to realize they have no incentive to be throrough and do some cross checks to make sure they don't miss anything. besides the CONSEQUENCE of their mistake is just PURELY SYMBOLIC and all we have to do is go to atty balili's office to attend the hearing. tita doris even just went to john paul's house who attended the hearing online.
it should be me who should be upset at government's lack of accountability because i'm the one daily subjected to high stress and even danger. it took me a week to get the estate tax documents even if it should just take 30 minutes if only i had the phone number of our assessor or even the BIR office. they gave me a phone number but nobody answers when i call. i had to go back and forth to talisay numerous times and because of the traffic, i had to ride a motorcycle which is very dangerous. i had to take the risk of riding the motorcycle because we are running out of time the amnesty deadline is near. then when i finally got the thich stack of documents it was disorganized so i had to organize it and created a table of contents so it will be much easier and quicker for our next assessor to make the final computation of our estate taxes. i posted the table of contents on our wiki (i also made copies for everything so my printer ran out of ink and i charged the new ink cartridge i bought to the estate. hehehe)- click here to view the detailed list of estate tax requirements. to avoid stress which is hazardous to our health, i just accept government's imperfectionss as a reality of life and continue to do my best to accomplish our objectives.
by the way i finished the extrajudicial and completed the requirements for tito sergio and lola ica's estate and i accompanied tito boy to the BIR yesterday. they gave him a form to complete so today i will accompany him again to submit it.
5/3/21 missing piece of the mysterious tax dec puzzle
i just saw a tax dec that i'm sure would resolve the mysterious tax decs issue if the assessors see it. however, for sure they will cancel the new tax decs and we will have to pay the estate tax of the 3 buildings of lot 5 (tita jane's, tito bertie's and tito gerry's) and pay a lot in interest and penalties for the 3 old tax decs. it's tito gerry's building tax dec# (GRC6-08-062) 11538, still under the name of lolo. i was wondering why there are 4 buildings under the name of lolo in guadalupe when there's just 3 we know off - 1) main house 2) mysterious tax dec #1 3) mysterious tax dec #2 (we know about these 3) but there is 4) tax dec 11538.
however note that if they decide to cancel the 3 old tax decs and go with the 3 new ones, they will start the computation from 2006. therefore what i should do first before i show it to the assessors is to have arnold compute the 3 old tax decs and the 3 new tax decs so we could compare. if there's not much difference, then i will just show them this tax dec 11538.
here's why i'm sure the assessor will cancel the 3 new tax decs if they see this 11538.
1) when they saw the building tax dec of the main house, they mistook it for the 3rd building of lot 5 and they concluded the 3 new tax decs should be cancelled. however, when i proved to them it's the tax dec for the main house, they backtracked. which means if they see this tax dec 11538, they will cancel the 3 new tax decs.
2) they give a lot of weight to the floor areas in determining which tax dec is correct and which one to cancel. note the 2 mysterious tax decs have correct and identical floor areas (S1=132sm, S2=36sqm), which is consistent because tita jane's and tito bertie's buildings are identical. note S1 means 1st floor and S2 means 2nd floor. and this tax dec 11538 is so detailed in the floor areas and it matches tito gerry's house. this is what its says: S1 = 211sqm, S2 = 104sqm, carport = 50sqm, basement = 14sqm, terrace = 21 sqm. meanwhile, the 3 new tax decs have areas that are way off - only 30 sqm for S1 and S2.
what amazes me is tax mapping and the asssessors have been looking for this MISSING PIECE OF THE PUZZLE (11538) when all along it's in lolo's list of holdings.
note tito gerry's and tito bertie's houses have family home certifications so although the property taxes penalties will be big, the estate tax won't be that big if we include it in lolo and lola's estate tax. i'm not sure if it's ful exemption or we just get a discount. atty balili's BIR assessor will advise us about this. atty balili will just tell his BIR assessor that the 3 building tax decs have a duplicate tax dec under a different name and the city assessor is still trying to resolve it and that 2 of those buildings tax decs have family certifications for the 2 deceased heirs.
because the amnesty deadline is only a month away and we are running out of time, my judgement call is to include the 3 old tax decs in the final estate tax computation. anyway there is a high probability the assessors will find this missing piece of the puzzle (11538) and decide to cancel the 3 new tax decs.
to make things even more complicated, the list of holdings for tito bertie just shows land and has a certificate of no improvement. that's unbelievable !!! there's 2 duplicate building tax decs yet their records show there is no building on tito bertie's land. but of course i will tell the BIR assessor to ignore the certificate of no improvement and add the building tax dec in tito berties estate tax computation just to be safe. note tito gerry's list of holdings does show both land and building. the building tax dec # for tito gerry is the new one (the one with 30sqm S1 and S2). if the 3 new tax decs are cancelled we will have to tell the BIR assessor to use the old tax dec.
4/30/21 toledo appraisal and inhetance stewardship
there is an interested buyer for the 6ha lot 3816 in toledo along the barangay road. (by the way tita jane, please dhl the original owners copy of the toledo and mambaling titles because the buyers usually want to inspect it as part of standard due diligence of buyers. the judge will also ask for it as part of the regular inventory/accounting. for now i will tell the judge we misplaced it and still looking for it but at some point the judge will ask us to have one re-issued by ROD).
i have no idea how to price our 6ha 3816. i think it could fetch for P1k/sqm. note this is titled. that would be a whopping P60m or P6.6m per heir. i really have no clue what price to offer. another big problem is nobody knows where it is, not even maldo. tita doris told me someone just built a cement house on our 3816 . i asked her if she is sure it's on our property. she told me she is not sure. it's crazy to realize we have no clue where our P60m property is located. although i also think it's cool we are like billionaires with too many properties we can track off. i'm having it appraised. the appraiser wants me to accompany him to poog on may 7. he told me he can determine the location if we get the tax map in city hall. so i texted maldo to go to city hall on monday and get the tax maps of all our 10 properties to save time (i'm so lazy i asked my scholar to type on my phone the long tax dec numbers from the list of holdings).
tito mike asked me to continue promoting inheritance stewardship awareness so if this deal goes through, i suggest you invest in 2 townhouses and just be happy with the P20k a month cash flow and enjoy the value of your P6m double in 10 years. but if you won't change your ways, you will just prenda the title and be back to having no running water and electricity. might as well just squander your P6m to save you the trouble of paying the loan sharks high interest. it's very simple - only prenda if it saves a life - for medical emergencies. too bad the investment linked health insurance of pru life uk is only for under 60 years old. but never prenda even if it means you have to sleep on the sidewalk and eat ginamos. violate this rule and everyone will be ridiculing you for being poor again after inheriting all those millions.
instead of buying a car, buy a multicab and start a small buy and sell business. go to guba or busay to buy cheap goods and sell them in carbon - suka, kanding, manok, uling, mais, etc .. once you build a suki base you are set. use the 44 sqm entrance of our compound to sell inanag or boiled mais. you won't have any competition because they don't have a multicab to kumpra the mais from sirao. you also have the advantage of not having to worry about high cost of rent unlike those vendors in iskina banawa. you have the luxury to dive the price of your inanag to muscle out anyone who attempts to compete with you.
tikay's driver judi has a successful sideline business. everytime he goes home to barili he brings back 4 containers of vinegar and sells it to his many suki karinderias. imagine he just carries the 4 containers on the back of his motorcycle. he told me if only he has a multicab he would be earning a lot more money.
the truth is this. if you buy a montero, people will be laughing at your back you saying, "TU-ANA SUGOD NA". people will be making bets how long before all your money will be gone. and the fuel injector for montero which you need to replace after 5 years cost P200k so you won't be driving that montero for long anyway. you will be the laughing stock of society. nobody will be impressed at your montero. but if you buy a multicab and people see your multicab loaded with goods from the mountains, they will be very impressed and even envious at you.
i have a childhood friend. he is lazy he does not have a job. when he needs money, he just goes around the remote mountains of minglanila and buys anything he sees - kanding, manok, etc .. loads it on his motorcycle, and sells it in the merkado for a profit. he makes around P500 per trip, enough to sustain him for a few days. he is lazy but because he has the discipline to never prenda his motorcycle and always keep cash for capital, he has no problem. he just lives in a payag in the mountain with no running water and electricity. so when your millions of inheritance is gone and you come to me for help because maputlan na mo ug electricity or water, i will just say, "ipa putol lang na, dle mana importante".
a police had a stroke and sold his motorcycle because he can't drive it anymore. my childhood friend literally had P15k in his pocket because he received his P6k pandemic ayuda from the government twice already and never spent it. he bought the motorcycle for P15k and sold it the next day for P40k. you don't even have to be hardworking. just be tihik or never spend on anything you don't need and you will be ok.
4/29/21 updates
turns out lola ica had a sangay who's family name is also crystal and has 2 properties in tisa labangon. i was shocked to learn city hall only records the first name and last name so we had to get a lawyer to file an affidavit of denial for those 2 properties. good thing it cost only P300 because the lawyer was just sitting on the sidewalk beside the balot vendor. it's these kinds of gross stupidity that really drives me insane. imagine if your name is john garcia. your heirs will need to file hundreds of affidavits to get a list of holdings. at this time and age of smartphones, 5G, cloud computing, self driving cars, our government never bothered to fix this problem. unbelievable !!!
yesterday tax mapping called me to go to city hall because they found the third tax dec for the 3 lots in lot 5. so they decided to rebel against the final decision of marites who is suppose to be their superior. so i asked if the mysterious tax decs and the one they found should be accepted and the 3 new tax decs will be cancelled? they said those 3 new tax decs should not be cancelled because they are different lots. i asked where they are located? they showed me a satellite map in their computer and pointed to the main house and told me those 3 identical houses they saw when they visited the compound are there. note this was a satellite map and you can clearly see the roofs. then they doubled down saying those 3 houses (main house, dirty kitchen, and papa's houses) are the 3 identical houses they saw (tita jane's, tito gerry's and tito bertie's). so i politely asked them how can it be identical when the roof tops clearly have very different forms and sizes and only 1 is a 2 storey and the tax decs clearly says they are all 2 storey houses? there was a very long silence until someone said we should cancel the 3 new tax decs. i said ok i will have the 3 tax decs (the one they found and the 2 mysterious tax decs) computed in SM so we can pay it. then i told them the boundary of the mysterious tax decs need to be corrected because it says 6090.. and all the lots in the compound is 6098... then they pointed out to me that boundary lot is the lot where tita jane's house is. i'm like, that's 6098... one of them got a little angry and started talking to me loud and slow, points at the computer and says, "tanawa ragud ug tarung sir, 6098 ..." and then points at the mysterious tax decs boundary and says, "tanawa pud ni ang south boundary sa tax dec klaro kaayo na 6098 .... pud". so i pointed at each number digit by digit saying "6, 0, 9, 0. zero man na ang 4th digit dle na 8". again there was a long silence. to save their embarassment, i told them maybe typo lang na. then one of them said yes nasayop ra ug type. then i said pero kung typo ra ngano naa man ang sayop sa 2 ka tax dec? again long silence. because i had many other things to do i told them i will go to SM to have the 2 mysterioius tax decs and the tax dec they found recomputed. i went home to check my files first and noticed the tax dec number of the 3rd tax dec they found (GRC6-08-062-11534) was just 1 point difference from the main house land tax dec (GRC6-08-062-11533) and in my experience building and land tax dec numbers just have 1 point difference. so i messaged tita georgia to confirm and turns out the 3rd tax dec they gave me was the building tax dec of the main house. which is cool because now we can have it included in the final estate tax computation i don't have to go to assessors office to get a copy. i called michael to let him know and he said they will go back to our compound to do a visual check. today i met them at the compound. their superior which i met for the first time told me exactly what atty balili told me to resolve the issue - which is get all the tax decs of all the buildings in the compound, including tito virgilio's old house. that means atty balili really knows what he is doing.
i hope you learned something useful on how to deal with our government.
4/27/21 various updates
good news on the mysterious 2.2ha of toledo. engr norvic advised me to go to tax mapping toledo (i will go this thursday) and have them locate it. then he will survey it. he said even if it got gobbled up by atlas mining we should try to claim it and there is a good chance we will win. it's located across the ilag river which is classified as mineral land so maybe it can fetch for a higher price. at 200/sqm that's P2.2m for something we never even knew exists. or we can use it to relocate maldo and those living in all our toledo properties.the morale of the story is never leave any stone unturned and we should not ignore the seemingly mundane tasks because we never know how important it could be. we should also be willing to take risks because that's how lola dida got each of you a house and lot in the compound and all these millions worth of properties you will all soon enjoy. that's why i urge everyone to scan our wiki for any yellow or orange tasks assigned to you and do them even if it feels risky for you because the risk of not doing them is much much much greater.
here are the orange task (critical):
- pay estate taxes (ian) - pay ang (ian)
here are the yellow tasks
- assign main house to mike an georgia (ian) - annotate mambaling 94sqm on title (ian) - dhl mambaling and toledo titles to georgia (jane)
note the green tasks in wiki are not time sensitive but it's good to complete them asap.
regarding the estate taxes, i had to drive to BIR talisay because nobody would answer the phone. turns out phones are a no no with BIR. everything has to be in person. luckily edith was there but she left our documents in mambaling. i asked if it's possible i will just get it from whoever she will be turning it over to in mambaling but she preferred i get it from her this monday. yikes !!! but no worries.maybe i'm just being paranoid but if this monday i feel signs of delay, it just takes 2 days for tita doris and me to get all the documents that are with her, including the ones for toledo (CTC of tax decs and titles, list of holdings and list of no improvements). i haven't submitted the 18sqm water tank, new toledo tax decs and aloguinsan so it will be much easier.
regarding pelaez, i gave a formal notice to bebot that i am terminating their month to month lease in view of structural infirmity and the impending demolition of the building on grounds it is a nuisance and fire hazard, and that they are required to move on or before June 1, 2021. tomorrow i will send the same letter via JRS express registered mail.
4/26/21 various updates
good news - the mysterious tax decs has been resolved. thanks to papa's contacts in city hall, their final decision is to cancel the 2 mysterious tax decs and just correct the floor areas of the 3 new tax decs. however because of the bigger floor areas and assessment, they will recompute the property tax from 2006-2021 on the 3 new tax decs which we need to pay. i will use the estate funds because this is practically an ownership transfer from lolo to tita jane, tito bertie and tito gerry. but i will try to work out a compromise with arnold.
it was by accident i talked to marites. i was in city hall helping tito boy get a list of holdings for lola ica because i'm creating their extrajudicial (i'm now an FA - Feeling Attorney). roger, the guy who went to our compound to try locate the 2 mysterious tax decs, saw me and told me marites already resolved our issue. so she called marites to talk to me. the only weird thing is marites told me to ask arnold when should be the effective date of the cancellation of the 2 mysterious tax decs. so i drove to SM to ask arnold personally and he was surprised why he was asked by marites to decide when it should be marites who decides when is the cancellation date. i also have no idea why this cancellation effectivity date is important.
another coincidence is that last week during the administrators meeting atty balili asked me to go to tax mapping to ask them where the buildings of the 2 mysterious tax decs are located. he suspected the assessors were just fishing for kickbacks by not going to tax mapping themselves. that was suppose to be the next thing i was going to do after we get lola ica's list of holdings. turns out roger and michael, the 2 guys i've been corresponding with all this time to locate the 2 mysterious tax decs works in tax mapping.
regarding mambaling, tomorrow i will go to BIR and see if i can convince someone to let us pay the capital gains for the mambaling 94 sqm right of way even if the person we sold it to is now dead and we can't even get their TIN. if we can pay the capital gains and doc stamp, there is good chance we won't even need a hearing for the annotation. this is very critical because once our ROW is annotated on the title, mambaling will immediately be sold for P30m and we will have the funds for the titling of toledo. i'm planning to set aside P4.5m for toledo titling so that means each line of heir will only get P2.5m instead of P3m. of course if in the end i only spend less than P4.5m, the residue will be divided among the heirs.
regarding the 4127 alienable/disposable certification, engr norvic told me the blue prints for 4127 sketch map are ready to be picked up. i will pick it up tomorrow and LBC it to maldo so he can submit it to CENRO.
regarding the mysterious 2.2ha tax dec of toledo (1075), i will ask engr norvic how much it will cost to survey. according to the standard geodetic price list it's P25k for the first hectare and P10k/ha after that. bureau of lands will use the survey to locate the property and see if it's still existing based on our tax dec. the problem is all the previous tax decs in the tracer had no lot numbers. i think there is a high chance it does not exist anymore because it got gobbled up by atlas mining. and if this is the case, we just wasted P35k for the survey. so i will first try if i can get someone in bureau of lands to just do the very tedious work of locating the property based on the claimants and we just give them incentive.
regarding the estate tax, my job just got easier. in last week's administrator's meeting, atty balili suspected our assessor edith is not maneuvering the FMVs and zonal values because based on his experience he feels we should be getting a much lower computation. i think atty balili is right because i remember atty mark apologizing to me when it got revised from P2.8m to P6.5m. remember in the beginning our estate tax was suppose to be just P2.8m? then when they knew some heirs would not sign atty mark's extrajudicial and we were in the process of scrutinizing and editing it, all of a sudden it was P6.5m. they were probably afraid that the conflict within our family would blow up into lawsuits and our estate tax will be scrutinized so they shifted to the computation without the maneuvering just to be safe. note i'm just speculating here but if i'm right, that means we can get a much lower estate tax computation and the heirs can still get money from the pelaez full payment, in case we fail to win the mambaling right of way (which means mambaling will never be sold).
now the last thing i want is to burn bridges with a BIR assessor, so atty balili advised me to pretend to borrow our documents and spreadsheets from edith because the court is requesting xerox copies. this way edith won't get offended that we are trying to scrutinize her work. if it turns out we need to use another assessor, I'M SCREWED !!! luckily for me, today when i went to the BIR to borrow our documents from edith, i learned edith got reassigned to talisay. so now we can get a new assessor without having to burn bridges. hopefully the new assessor will give us the original P2.8m assessment. including toledo 52ha that would be around P4.5m instead of the current P8m (P6.5 + my estimate for toledo 52ha which is P1.5m). that's additional P388k for each line of heir. so i drove all the way to talisay to get our documents from edith but when i got there the security guard told me edith just left for mambaling to get her stuff so i drove back to mambaling. when i got to mambaling, the security guard told me edith just left for home. good thing the administrative desk of talisay gave me the number to call so i can talk to edith tomorrow before i go to talisay.
in last week's administrator's meeting atty balili told us he was in a meeting with his clients on the biggest case of his career. their opponents were the luas, a very rich family who owns nature's spring. i googled it and they also own bai hotel and there is a news article they donated P44m to build housing for the poor. in the meeting, one of atty balili's clients said "if it wasn't for dida crystal the luas would be nothing". atty balili then learned some of lola's history and was so impressed at lola's guts and vision. he told us the reason lola lost to the lua's is because the lua's played dirty. the lesson here is that sometimes, we need to bend the rules for the greater good.
also, i've been meeting with a broker who claims his buyer just bought the property next to our mambaling property so they don't need a right of way because the property is a frontage. they offered me P1m earnest money. they wanted to pay that day but i told them i need the proof they bought the property next to ours. then they told me they are still in the process of finalizing the sale. so i told them i will wait for the sale to be finalized. during another meeting, they asked me to accompany them to tax mapping because they want to see if the right of way we purchased is already a barangay road. i asked them why they are interested about the right of way if they are about to buy the frontage property next to ours. turns out ms. helen young, the owner of the property next to ours, backed out of their deal and wants to wait 2 years before selling the property. the lesson to be learned here is whenever a buyer tells us their buyer is buying the property next to ours, don't get your hopes up. but still continue to meet with them and just tell them we will only accept earnest money once they finalized the sale with ms. young's property. then the broker called me saying ms. young's property just got sold which means our property is now trapped and worthless but they are willing to pay us P23m. i asked why they would pay P23m for a worthless trapped property? they said they know how to get the right of way annotated. i asked how on earth they will do that? he said magic magic. their buyer is probably the luas because that's what they did to lola they did some magic magic on the documents. to get them off my back, i showed them our business plan to build a 200 bedspacing unit. i told them bedspacers don't have cars they have motorcycles and motorcycles can already pass by the current right of way. they stopped contacting me.
i am also convinced the dela cernas don't have ownership rights to the property where our 94sqm right of way is located. our buyer (durano) who is waiting for the right of way to be annotated offered them P3m for the 94sqm. none of them showed up. i'm sure the dela cernas are aware they really don't own the 94sqm because they never built a permanent structure. why won't they accept P3m for something they are afraid to use anyway? turns out the property is still under the name of remedios valles and they know durano won't pay them unless they have documents to show they have ownership rights. isaac dela cerna was not married to remedios valles. that means they really are just squatters. if remedios made a will giving it to isaac, they would have transfered it to isaac's name long time ago. also isaac's only heir named joy was kicked out of the property. also note that if we win the right of way, nobody's life will be ruined because nobody even lives near our 94 sqm. in fact, their life will be better because of the business opportunities that will arise when our property is developed (e.g. karenderia business). this means if our 94sqm is annotated, i don't think there will be an adverse claim. and if we donate it to the barangay, that will even make it harder for someone to make an adverse claim.
by the way durano has been offering me P500k earnest money. they are worried we will sell mambaling to someone else. i told them the reason why i don't want earnest money is so that we have the option to sell it to whoever buys ms. young's property. i gave them my word we will accept their P30m net offer once the title is annotated but of course they should understand we will have to sell it to the one who buys ms. young's frontage property if the title has not yet been annotated.
that's all i have for now. i know it's long but my report contains lots of important information.
4/20/21 brochure strategy
the most important contents of the brochures i will be making for our guba and toledo properties are: 1. aerial drone photos with boundary markings 2. stress that the property is titled and clean with zero encumbrances 3. stress that the property is under estate administratorship, meaning:
a. the sale only requires the signature of the administrator b. the sale requires a court order which means the sale should give the buyer confidence that the property or sale won't have potential issues
our strategy is to blitz all the real estate development and brokerage offices by simply dropping the brochures. if they try to negotiate, we simply tell them we are still evaluating other offers. after 1 year, we simply choose the best offer. the price of anything is simply how much the buyers are willing to pay.
maybe anna conejero's firm can give us a free design for the brochures. anyway all these efforts will eventually benefit her twin pinanggas gabie and kyla. hehehe.
4/19/21 status on mysterious tax decs
regarding the 2 mysterious tax decs of lot 5 - today i gave the printouts of subdivision plan and sketch map of lot 5 that tita jane emailed to me. our contact said they will analyze it and get back to me.
as i mentioned in my report last jan 28, there are also 2 mysterious tax decs in toledo (2.2ha tax dec# 1075 and .4ha tax dec# 623). last friday when i went to toledo, our contact told me there is no doubt the .4ha exists and belongs to us. that means we own 2 partitions in lot 3820, both .4ha (the other one is tax dec# 620). regarding the 2.2ha, he will get a tracer for it and LBC it to me. i told him it should be located across the ilag river because 4126 is bounded by ilag river on the east, while the 2.2ha is bounded by ilag river on the west. he told me most likely we used to own this 2.2ha but it got eaten up by atlast mining, which happened to many other properties around the area. he advised me to also check in bureau of lands or DENR if this lot still exists in their records. if it does not exist in their records, we should just forget about it.
i'm planning to rent a drone from Red Star Drone Rental to take aerial photos of our toledo properties. then i will have maldo trace the boundaries of lot 4126 and 4127 in the photo. i'm also planning to create a simple sales brochure for each property we are selling (including guba and mambaling). that way i don't have to waste time meeting with all the intersted agents and brokers. i can just visit all real estate development firms like that of my uncle joe soberano and give them the brochures. but the biggest sales pitch is that our properties are under administratorship and can be sold with only the signature of the administrator. the buyer can also be assured the sale is safe because it requires court approval. before it was so difficult to sell any property because i have to always warn them that not all heirs can be contacted because of the pandemic and those abroad cannot come here or give an spa. or else they will be very angry at me like what happened to one of the brokers who told me i should have warned them from the very beginning before they spent all the time and effort doing their due diligence on our property.
however maldo does not know the boundaries for the other toledo lots or where they are located. example is the 6ha 3816 which is suppose to be along a barangay road according to the sketch map. i will ask papa how we should go about this but my guess is that we will need to have the lots surveyed. tita doris and tita georgia also didn't kow exactly where 3816 is. they just told me there is a tubod on our property about 100 meters from the road. so i went up and down the barangay road asking people where is the tubod. i was pretending to look for a property to buy or else they will behead me if they know i'm a crystal. turns out there are many tubods in the area. i saw one by the road but according to tita doris ours should be 100 yards from the road. it would be crazy to be selling a property we don't even know where it is located so we really need to have it surveyed. by the way it's just a myth that our 3816 is the only one with a water source or tubod. turns out many houses have water tanks that pump the water from underground. the locals told me you can just drill anywhwere in the area and find water.
we should not be selling all our toledo properties under 1 price. our contact at the toledo assessor told me our 6ha 3816 can fetch for P1k/sqm (P60m) and our .4ha along the national road can easily be sold at P2k/sqm (P8m). but he also said we are lucky if we can sell 4143 (10ha), 4126 (32ha) and 4127 (6ha) for P150/sqm (P72m). these 3 properties are around 800 meters from the road. atty balili told me he just closed a deal for mr. lao on a property very near our 4126 for P48/sqm. i asked for copies of the sale documents so i can show it to the heirs. maybe it will help them be more decisive if we get an offer for P150/sqm. 4129 (3.5ha) is only around 100 meters from the national road but let me be conservative and also give it P150/sqm (P5.2m). i don't know if the .112ha 3817 and the 2 .4ha of 3820 are along the barangay road or not so i will just exclude them in my estimate. so the total estimate for toledo is roughly P145m or P16m per heir. i will approach my uncle joe soberano once all the properties are titled and there are no more adverse claims on the properties there is a chance he will snap up all our properties at the price i mentioned.
4/17/21 super good news: i got all toledo tax decs
i finally got the tax decs for 4126, 4127 and 4143. as a big bonus maldo was able to help us secure an alienable/disposable certification for 4126 which means it can be titled and sell for a much higher price. it's not forest timberland or imminent domain. i will also ask maldo to get an alienable/disposable certification for 4127. the reason why i did not include 4127 was because at first i was just trying to recover the CARPed 27ha of 4126 so i did not bother about 4127 (note i'm giving up on recovering the CARP or even getting compensated by land bank for the 27ha because turns out cory's CARP rules don't apply to us because 4126 was transfered to the beneficiaries via the 1972 agrarian reform of marcos and the payout is only P1k/ha). so it's just by accident we got this certification. 4143 is already titled so all we need is to work with DAR to reconvey the current titles to lolo and lola's name.
i will give P10k to stephen who just had a major operation (his appendix burst and they had to remove and clean his organs). his advice was instrumental in securing us the tax decs. i will also give P2k to maldo (P1k for 4126 alienable/disposable certification and P1k for expenses for 4127 certification).
4/15/21 status on pelaez, demolition requirements
today we collected the requirements for the demolition order which gives us the highest chance of bebot moving out so we can get the full payment earlier. only the barangay clearance is lacking. i offered P1k incentive to the secretary to expedite it. but note that if the toledo estate taxes are much higher than expected, there might be only little left for the distribution. but don't worry guba should be easy to sell. we are still waiting for the hearing for the mambaling right of way. there are also some interested buyers for toledo. but the important thing is don't make expensive plans yet.
i will post the requirements of the demolition order. I will also post a photo of all the receipts. i gave P2k to tita doris for the CTC of the titles (P852 official receipt + ??? to expedite same day) and CTC of tax decs (P80). tita doris went to 3 places - ROD, city hall (tax decs), and SM (tax clearance) and her taxi and meals was around P1,068 - (??? ROD expedite). i also spent P30,968 for the 2021 property tax and P240 for the tax clearance.
atty balili contacted a civil engineer to do the inspection who also has contacts in city hall to expedite the approval of the demolition order.
tomorrow i will go to toledo to get the remaining tax decs so we can have the final estate tax computation. i will also bring maldo to toledo DENR CENRO so he can coordinate with the inspector how to contact him and how to go to lot 4126 and 4127 in case he can't be contacted. this is for the alienable/disposable application. if approved, 4126 and 4127 can be titled and fetch for a much higher selling price. i will then go to aloguinsan to stay overnight. i will be back home saturday evening.
just in case the demolition order does not succeed in moving bebot out, i wrote this letter to her son jake. i went to jake's office, i let him read the offer, and jake happily accepted my offer, but he still needs to convince his mom bebot. note that if bebot accepts my offer, i will need manpower help from all able bodied members of the clan to do some errands (e.g. apply for their internet) and carry some stuff to their new apartment. keep in mind the sooner we get this done the sooner we get the full payment and sell the other properties. here's what was in the letter:
Hi Jake,
After our meeting with barangay captain Jerome, I talked to Atty Balili and asked about the possibility that the buyer would consider your request to give you 2.5 months to move out. Atty Balili reiterated that it's important for the buyer to be able to fully occupy the unit much sooner than that. No specific time was given but they also mentioned the possibility of taking the appropriate legal actions.
As it turns out, the law specifically states that in the absence of a contract, the tenant has only a month to move out if the tenant is renting monthly. They also mentioned about having the apartment declared as a fire hazard. Actually according to my father there already was a demolotion order from the city government which means we just need to secure a copy of that order. That means there is even a possibility you will need to move out sooner than that.
The good news is I have a solution that would make everyone happy. As you told me, the reason why you need more time is because you are busy at work and it's hard for you to find time to find an apartment, move or ship your belongings and setup the internet. For me, it's very easy to help you in such a way that even if you need to move out in 2 weeks, you already have an apartment ready and paid for a month, the internet is ready, and all your belongings can be moved in less than a day because they are already organized ready to be packed. We would already know which things go to which boxes.
Operations is my expertise. All you need to do is tell me what needs to be done. Example, just tell me the prefered area or location for your new apartment, how many bedrooms and the price range. Just point out to me all your belongings that need to be moved to your new apartment, and which ones need to be shipped and where. We can label them or list them down. I don't see any reason why you won't take my offer to help you. You don't need to do anything. Just tell me what I need to do. Then if the buyer insists on taking legal action and they succeed, you have nothing to worry about because everything is already ready. You can just drive to your new apartment and you don't have to carry any boxes. My staff will do all the work. But this can only be possible if we work together and I have the full cooperation of your family.
Sincerely, Ian
status of 2 mysterious tax decs that appear in the list of holdings
i just came from the assessors office to give a copy of the tax dec (building) of tito bertie's house and the tax clearance of tita jane and tito gerry's house. the assessor named michael who went to the compound to try to resolve the 2 mysterious tax decs that appears in the list of holdings told me it's more possible that the 2 tax decs of tita jane and tito gerry are incorrect because the areas are too small (tita jane's is 63 sqm and tito gerry's is 67 sqm) and only has 1 storey but their houses are much bigger than that and has 2 storeys. he suspects the tax decs could be the old kitchen because the size is about the same and the the old kitchen only has 1 floor. he said the lot number on the tax decs under tito gerry's and tita jane's name just needs to be corrected to that of the old kitchen and one of the tax decs just needs to be cancelled.
he also told me the building tax dec of tito bertie's house is correct. but when i showed him that the floor area of tito berties house is even much smaller (29 sqm floor 1, and 29 sqm floor 2), he said yes that is too small and the tax dec just needs to be corrected. so i told him maybe the area of tita jane's and tito gerry's tax decs also just needs to be corrected similar to that of tito bertie. he says it's unlikely because the tax decs are just 1 storey but tita jane's and tito gerry's are 2 storey houses.
he says most probably the 2 mysterious tax decs (1 has a levy) are the real tax decs of lot 5A (tita jane) and lot 5C (tito gerry). he says that for the assessor to figure this out, we will need to have lots 5-a, 5-b, 5-c and that of lot 2 (where the old kitchen is) surveyed by a geodetic engineer. he said we just need to give the geodetic engr a copy of the titles. i already have a copy of tito gerry's and tita bertie's title, but i don't have a copy of tita jane's title.
tita georgia, if you have a copy of tita jane's title kindly take a photo of all pages and send it to me so i can have engr. norvic abella make a survey. if we don't resolve this, the building of 5A or 5C might be auctioned off.
3/24/21 inheritance stewardship
tito mike told me to do my best to teach the other heirs to be good stewards of their inheritance. it will take you 15 minutes to read this but i assure you it's worth it because it could potentially make you P6 million more in addition to your inheritance.
if you have P3m, wouldn't it be great to buy 3 townhouses for only P1m each, even if those townhouses originally sold for P3m each before the real estate crash caused by the pandemic? then when the economy recovers maybe 5 or 10 years from now, you can sell those townhouses for P3m each and profit P6m. in other words your P3m became P9m in just 5 years. wouldn't that be great?
ok so nobody really knows what will happen. not even the smartest economist can predict exactly what will happen. nobody knows if or when the real estate market will crash because of the pandemic. even if many people lost their jobs and businesses because of the pandemic and cannot pay their mortgage on their house, the government can print more money or lower interest rates to prevent an economic collapse. but if they over do it, it could cause hyperinflation and collapse the system and wala na tay makaon we will be lining up in soup kitchens similar to the great depression in america. that means it's possible the government can run out of ammunition to combat the economic downturn and they have no choice but to allow deflation to happen and that's when P3m townhouses would only be selling for P1 million.
it's actually easy to position yourself such that whatever happens, you will be ok. if the real estate market crashes then you can even be happy because you can have fun snapping up townhouses at a huge discount. you just need to follow my investing strategy, which is actually very simple and basic. i will tell you what i did.
in 1997, i realized i had very big savings which i had to invest or else inflation will cut the value in half after 10 years if i leave it in the bank. the reason why i had big savings is because despite the folks in hayward telling me i should buy a new car because dako na kaayo ako sweldo, kagang kagang lang gihapon ako car, because i knew i'm not really smart enough to be an engineer, and taghap ra to nadawat ko sa trabaho which means pretty soon my luck will run out. which it did after 15 years, but by that time, i already had 5 fully paid rental properties so i already had more than enough money to do whatever i want for the rest of my life.
investing is like driving a car. you can drive slowly so you safely go from point A to point B. or you could drive fast and risk your life. in investing, driving slowly means, DON'T BE GREEDY and stay diversified or be conservative. what does that mean? when i decided to invest, i went to the library and read a book about investing, and learned that if you are 50% stocks and 50% bonds, if the market goes up, then you will make money because you are 50% stocks. if the market goes down, you can take advantage by slowly rotating some of your bonds into stocks as the market goes down. the disadvantage is that if the market goes up, you won't get the optimal gain compared to being 100% stocks. but i realized, i'm already happy with the gains even if i'm only 50% stocks. and if the market goes down, i will also be happy because i can buy more stocks at a cheaper price. that means whatever happens to the market, i will be happy. i realized investing is actually easy and fun. why? because i'm NOT GREEDY. in the car driving analogy, i'm happy just being able to drive from point A to point B. i don't need to drive fast.
as we all know, from 1997 to 2000, it was a very strong bull market. of course i was happy because i was 50% stocks. when the market crashed in 2000 (dot com bust), i was also happy because i got to buy stocks at a huge discount. in 2005 when the market recovered, my portfolio has already doubled from where it was before the crash, i locked in my gains and went back to the 50% bonds conservative position. in 2008, the market crashed again (housing bust). so again i took advantage of dirt cheap stocks of great companies and in 2011 my portfolio doubled again from where it was before the crash. then i learned 3 bedroom house and lots in vegas with swimming pool were selling for only $35k and it used to be $200k. so i sold some of my stocks to buy 2 of those houses for $35k each. in 2018, my 2 vegas houses were already around $200k each according to zillow.com. because i'm NOT GREADY, i decided to sell one of my houses so at least i can lock in my gains and take advantage of the next crash. so in 2018 i called my agent to appraise the house and put it on the market. it was appraised at $215k. but after almost 2 years, the best offer i got was only $145k. did i worry? of course not, because i know the true price of something is always how much the buyer is willing to pay. that means, after 2 years in the market, the true price of my house is the best offer. that's why in december of 2019, i went to the states to sell my house for $145k even if the appraisal value was $215k. and dle mag sakit ako buot kay i bought the house for only $35k 8 years ago. i suggest the heirs should also have the same attitude. don't worry too much about the price we sell a property because anyway you got those properties for free. the important thing is we do our best.
in march of last year, the pandemic happened and the market crashed. i bought the stocks of great companies like netflix, zoom and tesla at a very cheap price, and bought some vaccine stocks - innovio, moderna and novavax. i even posted my moves in facebook. and again, my portfolio doubled overnight.
note that the real estate market in the philippines has not crashed yet. as i explained earlier, nobody knows what will really happen. but the opportunity is right in front of your faces. you just need to grab it. but if magpa dako dako mo sa inyo ulo or magpa gahi gahi mo, you could easily miss the opportunity. the trick is to NOT BE GREEDY and keep in mind TIME is of the essence. if you wait even just 6 months just to save P200k, you could end up missing the opportunity to make P6m. why would you do that? that's just stupid.
when selling a property i always tell the broker this: i don't want to waste time and effort thinking about transfer tax or registration fee and 5 other annoying expenses. i don't want to waste time researching what they are because that's the broker's job. if the buyer or seller has to do these things then the broker is useless and does not deserve the commission. i know some expenses can't be known ahead of time but it can be estimated to an insignificant margin of error. therefore there is no reason why the broker can't tell me how much i will receive limpyo. wala nay kuskos balungos. there's also no reason why the variable won't lie on the broker because for sure it's insignificantly small compared to how much the broker will be getting. if the broker tells me that the buyer insists the seller pays for a certain expense i tell the broker then just subtract it to the amount you think the seller should be receiving originally. that's just simple addition and subtraction.
life is too short. when we meet to discus the offer or LOI, i don't want to waste time discussing whether we or the buyer should pay for for a freakin' documentary sales tax because first of all i don't need to know and i don't want know what the heck that is. you know why? because there is an easy way to simplify the deal such that we don't have to know these things. therefore in our meeting i suggest that all we should discuss, is the amount or range of amount we should be willing to accept. that's it !!! very simple !!! wala nay labad sa ulo. unless mas ganahan mo ug labad sa ulo.
but we can even simplify it further, and save a lot of time so we can spend more time enjoying this very short life. we should just discuss and decide, what is our threshold of tolerance from the appraisal value, and apply it to all the properties so that we don't have to waste time discussing it everytime we sell a property. i suggest our threshold is 10% from the appraisal value which is actually very small compared to how much i sold my vegas house, which was 30% below the appraisal value. but we can even simplify it further. i already proved that appraisal is really just garbage. it's only useful for the banks to calculate how much you can loan if you use a property as collateral. in the states, real estate agents laugh whenever i mention the word appraisal value because they know it's just garbage. to save time, i suggest that we should just agree or the majority should just agree that we take the best offer after a year in the market, because that's the actual price of the property.
and remember? time is of the essense. you could be throwing away P6m worth of opportunity because you waited 6 months just to daginot that P200k.
so what is the price of guba? we have been trying to sell it for 1 year and we got 3 verbal offers for $14m so that price is $14m. simple !!! if the pandemic causes even just a tremor or lack of confidence in the market, then of course our interested buyers will back out because they would rather wait for the market to crash and buy properties at dirt cheap prices. which means if we wait 6 more months there is a big possibility the price would only be P5m.
what is the price of mambaling? we've been trying to sell mambaling for 3 years and after multiple verbal offers the best offer we got was P30m limpyo. so if someone wants to give us P30m limpyo, we should just take it. my dad even wants to sell mambaling for P25m if that's what it takes to sell quickly so the indigent heirs can already get reprieve from their economic difficulties. my parents have already been vaccinated and if they come to cebu, atty tan could advise my dad to be the administrator and the judge would have no choice but to grant him because he used to be the director of NEDA. and if he petitions to sell it at P25m and the majority of the heirs who needs the money would agree, then mambaling will be sold for P25m. the only way to prevent this is, if a buyer is willing to give us P30m for mambaling, just take it.
i called the broker of the last interested buyer for mambaling to tell him dle na sila pwede mo patung kay under sa administratorship, makahibaw gyud ang buyer kung mo patung sila. ni ingon ang broker adto nalang sila sa similar property na interested pud ang buyer kay pwede man sila mo patung, kay daghan sila mag bahin bahin. i told the broker, basta all we care about is ang madawat namo is P30m limpyo. if they succeed in convincing the buyer to increase their broker's commission to let's say 12%, and if the judge allows it, i really don't care. in fact ganahan ko makalipay ug uban tao. kanang makalipay ka ug uban tao it's like planting seeds and before you know it the seeds have turned into a forest and it's much easier to make millions because lots of people will be willing to help you. that's what billionaires always say in their "secret to success" books that they write.
so i told the broker i will try to convince the heirs that all they should care about is ang madawat namo is P30m limpyo. if the buyer agrees to give you 12% comission, give us an LOI that states the broker's comission is 12%. the broker said it won't be an LOI it would just be a written broker's offer without the name of their new buyer kay mahadlok sila we would just go directly to the buyer to get rid of the extra 7% commission which in this case would be P2.3m or P260k per heir. as i said if daginuton na ninyo ang P260k and mo crash ang real estate market before we find another buyer, you would be losing easily P6m worth of opportunity. so i told the broker go ahead and give us the written offer because i'm confident i can convince the majority to agree with the 12% broker's comission. however, i also warned the broker that even if the heirs agree, there is a chance that the judge might not approve it.
the heirs might be tempted to turn down the broker and investigate who the buyer really is so we can go directly to the buyer and bypass the extra 7% broker's comission, but to me that would be stepping on someone else's foot. and i never want to do that because it's against my principles. i know people think of me as someone with no morals and principles. it's true i am an immoral person but it's also true that i don't want to fear for my life. i don't want the broker to be angry at me especially here in cebu it only cost P10,000 to hire someone to kill another person. i don't want to be walking around fearing for my life. i want to enjoy life. i don't want to fear for my life.
i am aware some heirs insist on on an LOI and bank certificaiton on fund availability. as tito virgilio said, the purpose is to assure us the buyer is serious so we don't waste time. but we also have to weigh the pros and cons, and in this case the downside is too small compared to the upside, therefore the smart thing to do is to ignore the risk of wasting time because the reward or upside is very huge. i also don't give a rats ass if the buyer is genghis khan or hitler all i care about is pila ato madawat limpyo.
note the estate has no more issues or problems in the financial arena because the majority of heirs always agree and just goes with what is practical and under administratorhship, the judge will always side with the majority unless of course the majority will sell mambaling for only 10 pesos of course the judge will side with the minority. the bottom line is nothing can stop the heirs to each receive their P20m inheritance. my only worry from now on moving forward is that the minority might be angry at the majority. and i don't want anyone to be angry especially that the majority only does something that benefits everyone. i want our family to be harmonious so that lolo and lola will be smiling at us from heaven. so in the meeting, we should stress that the minority should try their best to accept the will of the majority, because it's the right thing to do, and it's what lola and lolo would want to happen.
2/25/21 aloguinsan update
i just talked to the barangay captain of bonbon who transacted the sale of lola's 1,800sqm. first i asked about the mystery 392sqm lot 419 and he told me he does not know anything about it. so i did my own analysis. according to the sketch map, lot 419 is the frontage of the entire lot 420, which is around 72 meters in lenght. using algebra, lot 419 has to be around 392/72 = 5 meters wide. i then asked the barangay captain how wide the road used to be. he said the road used to be only around 5 meters wide. i measured it and it's now 10 meters wide. BINGO !!! that means it got expropriated by the road widening. so we should just forget about this lot 419 and just exclude it from the estate taxes.
i then asked the baranggay captain about the mystery 200sqm of lot 420. if the lot is 1,800 sqm, the govt bought 1,200s sqm, 200 sqm goes to tito bertie, 200 sqm goest to tito gerry, what's the extra 200 sqm? the baranggay captain told me it's not 2 but 3 heirs that opted out from the sale, that's why there's still 600sqm left. BINGO !!! now we just need to find out the mystery heir. i asked tita doris which heir did not get their share of the sale. tita doris said it's most probably tito virgilio.
the aloguinsan assessor was locked down yesterday because there were many covid positives. i instructed nimfa and joan to request a survey at the assessors and then have the 600sqm partitioned into 3, then have each partition titled. i told them to call first to make sure the assessors is open before coming to aloguinsan. i tried to get the number of the assessors but nobody around the building knows it. fortunately, one of tiyo pedro's grandson named tonton is the educated type and a close friend of donnie so they can just message him on fb to find out if the assesors is open before they come here.
the property is perfect for a provincial vacation home. it's only 2 kilometers from hidden beach, which is just as nice as boracay. even better because it's not yet crowded. the white sand beach is around 600 meters long and the swimming area extends around 500 meters out to sea and it's all sand with a few patches of sea grass, just like boracay. the property is also just 1 kilometer from mercado which has good karinderias aside from the fruits and vegetables. and of course the ancestral home, balwarte and the pantalan is just a few steps from the mercado if you want to do a nostalgic tour.
a perfect walking exercise route is: ancestral home - church - cemetary - pantalan - balwarte - merkado. sir joeffrey (not joeffrey baratheon), the current vassal of house salo and minggay, is a good walking companion because he is now into healthy living ever since his brother sir edmund (not edmund tully) died because of alcohol abuse. lady rita and her son sir jasper bolton (carbon copy of ramsay bolton) still lives there. sir jasper who is currently my loyal squire during my stay in aloguinsan, just got out of the high security prison of siquijor iron island after serving a 4 year sentence on charges of murder and arms possession. he is still on probation and has to report to the toledo RTC every month. sir pedro's children, sir arman and lady carmelita also lives in house salo while their brother sir maldo is the vassal of toledo riverlands. by the way sir maldo called me 3 days ago calling for reinforcement because he was under attack (there was a survey crew doing survey on our 4126 and saying it is being claimed by someone). i instructed sir maldo to just ignore them because we are already about to get the tax decs and after paying the estate taxes we will get a CAR.
2/23/21 MOA explanation
what i'm writing here is very long. it will probably take you 30 minutes to read and understand but after that you will avoid wasting thousands of hours worrying unecessarily. you will gain $billions in terms of quality of life because you will be happy and free from stress. you cannot put a price on stress free life. it's priceless. i hope someday you will realize everything i'm doing is for everyone's benefit. lolo, lola, tito gerry and tito bertie should be smiling up in heaven, but maybe they are worried there is still some confusion and worries among their pinanggas. i hope this long letter will ease those worries so everyone can finally celebrate and just enjoy life and take advantage of the sacrifices lolo and lola made for their pinanggas.
i'm glad we are giving specific consequences and scenarios to support our opinions. but for us to make the best decision, we also have to discuss the probablity estimates of each scenario. for example there is a possibility that a plane will crash. but why do we ride planes? because although there is a possibility the plane will crash, it's not a significant probability. so it's useless and a waste of time to even think about it.
the bad scenarios that tita jane pointed out and christian impressively illustrated using a flow chart, cannot happen legally, meaning they are all illegal. tito mike also expressed a legitimate concern that there is a possibility salvador Ang might bribe the court. in my own opinion, if Ang can do that he would have already done it long time ago because he has a notarized deed of sale on the properties. tita jane pointed out that once the estate taxes have been paid, it would be easier for Ang to bribe the system. of course i'm not a lawyer so i consulted atty mark who said that it will be more difficult for Ang to bribe the system especially if we are in administratorship because all transfer, disbursment of funds and sale will need a hearing and court order, unlike with extrajudicial where things could just happen without a hearing or court order.
in my own opinion, and again i'm not an expert, i'm just using deductive reasoning based on my observations and personal experiences, the chances that the bad scenarios would happen is about the same chance we get hit twice by lightning. meaning it's practically zero chance.
i notice there's 4 kinds of bribes or government corruption. one is where you bribe the govt to do something that they should be doing and causes no harm to any person. example it took me a year to get my philippine passport. i didn't know i just needed to pay a fixer P1k so i can get it in a few days. i'm bribing them so the government will give me something that they should be giving me in the first place because my parents are filipino citizens, and it causes no harm to anyone. when the govt gives me my passport, nobody will be hurt or angry that they lost their property. but tita jane is right that maybe if we just go through the normal process, it will take years just to sell 1 property, just like it took me a year just to get my passport. atty balili said that selling a property is even faster and safer with administratorship, but if he is wrong, it's obvious there is an easy and cheap remedy (wink wink). it's easy because if we bribe the court to expedite the approval of the sale, we are simply asking the court to do their job and it causes no harm to anyone. that's why there's hardly a public outcry on these kinds of bribery (such as using a fixer to expedite renewing your license or registration of your car).
the second type of bribery is where you give kickbacks to win a govt contract. this could harm the other contractors who are competing for the contract and also harm tax payers because it could decrease the quality of the contracts and govt projects. that's why there is a lot of public outcry. however, it still happens because the harm is not severe or people don't really feel the immediate pain so the perpetuators can easily get away with it. it's not really painful blatant injustice to the other bidders because nothing material was taken away from them.
the 3rd kind of bribery is where you bribe the government to win a CONTENTIOUS issue or court case. the harm is not blatant injustice because there is always a certain amount of justification for the decision (which is the inherent nature of a contentious case). example if we bribe the judge to win the right of way of mambaling, it's not blatant injustice because we do have a certified notary entry of the deed of sale. we just misplaced the original notarized deed of sale and can't find it that's why we have to go through a hearing. so although bribery is illegal, the decision or court order is not illegal because we have proof we already paid for the right of way.
the 4th type of bribery is something that has practically a zero chance of happening. the bad scenarious that tita jane pointed out can only happen if the judge does something that is blatantly illegal, unjust and causes immediate pain and harm to an entire klan that is composed of around 50 people. meaning there is a very high chance the judge and the kids of salvador ang will get killed. considering their wealth, it's not worth to risk their lives. we are not dealing with drug dealers who have nothing to lose or warlords with intense security around them. i said the same thing to tita georgia when she told me she was very worried she will never get back the title of the main house. i told her atty tan owns a P200 million property in st benedicts panagdait there's no way they will cause blatant harm to a person and risk their life just to take a dilapidated house of an economically struggling family. in fact the administratorship will make it easier to get back the title. i remember a year ago a fiscal was assassinated near ayala and whenever i ask my laywer high school batchmates for their opinion about the incident they will just shrug their shoulders and say the fiscal was known to step over other people's foot, as if they were saying that as long as they don't cause blatant injustice and harm to others, there really is no reason for them to fear for their life as lawyers.
that's why ever since the administratorship was filed, all my worries were gone. there are no more showstoppers for the millions to start flowing into the bank accounts of the lolo and lola's pinanggas. we should all be happy and celebrating. the MOA was our savior. also tito jojo is our silent hero or savior because he was the one who lead us to atty balili's law firm. the buyer never would have agreed to the terms of the MOA because it's too much headache and so much tedious work and there were other properties around ramos they prefered to buy which did not have big problems like that of pelaez. that's why i had to seduce and trick atty balili to convince the buyer that's it's a very good deal, in exchange for possibly millions they could be getting from the difference of the estate tax and payment to Ang. but now they realize it's almost impossible they will get anything from Ang and estate taxes. they will only get the lawyers fees for administratorship and 5% commission of the pelaez sale. CHECKMATE !!! that's why balili in front of all the other lawyers and staff who were having dinner at their office told me, "you are so smart" and he congratulated me for my brilliant maneuver that literally saved the entire estate.
the most important maneuver was when i brought everyone in the compound to meet the buyer mr. lao in hopes that mr. lao will have some sort of emotional responsibility towards our family. and we now know after the fact that my plan worked. mr lao enjoyed socializing with us and spent time worrying and giving advise to the nurses and sailors of our family who currently don't have jobs. mr. lao is the typical captain of industry that i play golf with - very generous, but could easily be offended and insulted if we postponed the meeting or the signing.
our concerns about the MOA, although legitimate, is still small compared to the inevitable scenario that salvador ang becomes our adminitrator if we didn't beat him to the punch in filing for administratorship and assuring we have money for the estate taxes and paying off our debt to him. we can now pay ang through a court order and if ang does not surrender the titles the judge can order him arressted.
but if i was Ang, i would be jumping for joy at the turn of events because for sure he will now get paid the P6.5m. And we have to thank Ang because by holding the titles for 20 years, he forced us to ride the strongest real estate bull market in the history of the country. we give him P6.5m but because of him the estate is P50m richer because he prevented us from selling 20 years ago when the prices were still very low. i bought shares of apple, netflix, google and amazon and they quickly doubled after a year and was boasting my achievements in my facebook posts. but turns out i was such an idiot for selling too early. example i bough netflix at $7 and sold at $14 a year later, but now netflix is $540. if salvador ang held my stock certificates and prevented me from selling those stocks, like what he did to our family, i would be a billionaire by now.
but if you are still worried that Ang can sell the properties, then there is an easy solution. all we have to do is follow tita jane's original instructions, which is to sell and divide. SIMPLE !!! mr lao is ready to give us full payment on the appraised value of pelaez and guba (P14m) ANYTIME !!! we just need to inform them so they can draw up the contract for guba. now that the estate is safe, we now have all the time in the world discussing the LOI and scrutinizing the contract before everyone signs it. once we get the full payment, Ang can do whatever the hell he wants with the titles it's now the buyer's problem. only pagina will be left but it's almost worthless because it's trapped with no frontage. we should be embarassed and ashamed that we are having difficulty executing something that is so simple that even uneducated people can easily do. tito mike privately told me he is baffled why not everyone would just sign and get the money. atty balili told me he already brokered 28 properties for mr. jefferson lao and their firm is perplexed why our family is making it unnecessarily complicated for no valid reason. on some sales he brokered, co-owners who were abroad simply gave an SPA, some co-owners were uneducated and simply signed the contracts and got their checks and everyone was happy. simple !!! the heirs should only be worried if the property was assigned to a corporation (like the lawaan talisay sale) because the buyer can just issue a check going to the treasurer. but since the remaining properties of the estate all belong to the estate, the buyer will have no choice but to issue a check to each heir. the lawyers even freaked out when they saw tito gerry's will because they were not sure how much to give christian and nimfa's kids. that's why christian and tita angie felt safe giving me an SPA because they know the buyer has to write a check in their name and i can never touch the money. i'm sure mr. lao and atty balili never screwed any of the sellers because they are not afraid to expose themselves. anyone can visit atty balili in his office anytime.
if we all just follow tita jane's original instructions which is to sell and divide equally, there will be no problem. even when i was still confident Ang will accept our payment and we can do extrajudicial, i was already shopping for lawyers who can help us with administratorship because i started to feel worried not all heirs can be contacted because of the pandemic and i was worried some heirs abroad won't give an SPA. i got very angry that we had to do administratorship. i never wanted to do administratorship. i always wanted to do extrajudicial. that's why i lost my cool and nanghagis ko sa chat group because i hated administratorship and wanted to just do the extrajudicial which was much simpler. i got more worried because no lawyer wanted to help us with administratorship because it's too tedious. good thing i found a way to manipulate atty balili to help us with administratorship. and now we found out Ang never really intended to negotiate and was just playing us and buying time so that when the amnesty deadline nears, the judge will grant him emergency admnistratorship. good thing we beat Ang to the punch, thanks to the MOA. we should be happy about the MOA and thankful, not angry.
our BIR assessor edith sibayan and the head of ROD atty cugtas told me we cannot do extrajudicial if we still owe Ang. the most important element of an extrajudicial is the clause that says the heirs left no debt. Ang could sue us and we could be jailed for perjury if we insist on an extrajudicial.
the MOA practically gave us P117 million in value. it saves us P56m in estate taxes penalties. the mactan lot that could easily go to atty tan if he files a case against us was appraised at P35 million. the main house front lawn is easily P6 million. common sense usually prevails in administratorship so the judge might find P41 million too big relative to the value of the estate and might order atty tan to accept a P5 million settlement. atty tan might even be happy with this because the mactan lot has no right of way. atty tan also verbally told me that he actually prefers a cash payment instead of mactan lot because he doesn't think he can ever sell mactan because there is no right of way. so P25m + 56m + P35m = P117m. as i posted in our collaboratoin wiki, the mactan lot is practically worth P75 million to us if we use it for bedspacing because bedspacers don't need cars. i even used a PE ratio of 20 for my valuation analysis, which is conservative relative to the S&P500 which now has a PE of 31. so the MOA adds another P40m in value.
but for me, money is just a piece of paper, it's true value is to improve our quality of life. the MOA actually gives us $billions worth of quality of life because we don't have to worry about the amnesty deadline or finding the money to pay Ang. it also gives us another $billions worth of quality of life because we don't have to file a separate case and attend STRESSFUL and lengthy hearings to get the titles from Ang, reconvey the 10ha toledo lot 4143, and attend lengthy hearings against atty tan. these kinds of stress can be dangerous to our health. the MOA allows the indigent pinanggas of lola and lolo to get reprieve from their economic hardships and have money for life saving emergency medical procedures. i can't even put a price tag on that. the MOA also allows the heirs to create priceless and precious memories. maybe when the pandemic is over they can go to hong kong disneyland, but if we wait 5 years for another amnesty, maybe the kids would be too old to enjoy disneyland because they would rather be with their uyabs than see mickey mouse. you also can't put a price tag on precious childhood memories.
another big advantage of the MOA and administratorship is that sales of properties will have to be approved by the court which means the buyers and brokers will be afraid to swindle us because the judge can order them arrested. it's as if we have a very powerful lawyer to review the contracts so we have more options because we don't have to find a buyer who has to give the full payment for fear we might get swindled.
the heirs don't have to worry about not getting their fair share. in fact the reason why i as an administrator has to be bonded is so that if i make a mistake as an administrator, the heir who became alakansi will be paid his/her fair share. i worry tita jane might be forced to travel to cebu even if the pandemic is still raging because she does not want to give an SPA to anyone. but with administratorship, a property can be sold with just a court order so she does not need to come to cebu and her share will just be safely consigned in court. admininistratorship will literally protect us from the covid infection, especially tito mike who is high risk because he is a cancer survivor.
another big advantage of the MOA is that the heirs can now start gathering enough dry gun powder so they can pull the trigger or take advantage of dirt cheap townhouses or DECA homes in case the pandemic will cause a recession or even a depression that will crash the real estate market. we should sell the estate properties as fast as possible while the real estate market has not collapsed yet. buy low, sell high. that's how you play the game. same way i took advantage of the 2008 great recession by buying 2 vegas houses at $35k auction price and last year they got appraised at $215k each. i sold 1 hastily for $145k on march last year so i have a lot of gun powder to pull the trigger in case the pandemic causes a crash. when the crash happened, i played with an open hand and posted all my moves in facebook. i bought the vaccine and zoom stocks and tesla which skyrocketed and tripled my portfolio. the heirs have the opportunity to follow my investing strategy because of this MOA. of course we should not pray for an economic collapse but we should be prepared. fortunately, there are strong catalysts that can provide a floor to the economic downturn - 5G upgrade cycle, cloud migration, plant based meats, humanization of pets, and the vaccine bull market which has a lot of pin action such as refrigerated transport and even glass vials (GLW). search "ian's knowledge bombs" and click "investing-for-dummies" and "stock-picking-for-dummies" in the table of contents to learn more.
if we want to communicate better, avoid making statements that are too general to be useful. it's like saying na disgrasya ang tao sa auto. there's many kinds of disgrasya- there's fender bender, there's total car wreck dunay ni layat sa pangpang. you need to be more specific for your statements to be useful and for us to be able to communicate better for our group to be strong. and we need to be strong because we are not battling salvador ang who is old and tired. decoy ra na siya. we could be battling his children who are young and hungry and want to make a name for themselves. even if they are already rich, wealth is relative and if their classmates in ateneo own condominim towers, they probably want to get as much money as they can from our estate as seed money to build their own empire. that's why they filed for administratorship and never really intended to negotiate with me. i visited Ang many times and he would just tell me he is still trying to decide but now i know he was just playing us and buying time so that when the amnesty deadline nears the judge will be forced to grant him adminitratorship or else the estate tax penalties will cause irepairable damage to the estate. so it's important our family communicates properly. for example if you are concerned about ang demanding more than P6.5m, it's not that hard to give the worse case scenario, which is that ang charges interest from his last collection in 2016, which at 6% is only P1.5m. it's a fender bender relative to the P122m we can easily benefit from this MOA. it's a no brainer if only you look at the big picture and connect the dots. besides this MOA is not what is causing that additional P1.5m. meaning even without this MOA, we will still need to pay that additional P1.5m if Ang demands it. in fact, this MOA is our best chance to avoid that additional P1.5m, because signing it means you are voting for adminitratorship, where the judge might find P7.5m too big and ask Ang to accept a settlement that is much less. and we don't have to file a separate case to retrieve the titles because the judge will just order Ang to be arrested if he does not surrender the titles.
another very important thing to keep in mind for us to be able to communicate better is when you state an opinion or concern, give the specific consequences that would support your concern. example if you say you are concerned that the administrator na magbuot sa tanan, you have to give a specific consequence like the adminitrator has the power to assign the properties under his name, which of course is not true. in fact the reason why the administrator has to post a bond is so that if duna heir na maalakansi tungod nasayop ang administrator, the bond is like an insurance na mabayran gyud ang heir sa iyaha bahin. that's actually superawesome because the disasters that plagued the family in the past can't happen anymore. the admnistrator can also be outvoted and even fired by majority. you might be concerned that the majority is not always right just like in nazi germany where the jews were the minority but they were the good guys, but the beauty of administratorship is the judge has the power to protect the minority from the tyranny of the majoriy. so during the hearing the judge can still side with the minority, but the minority has also to air in the side of common sense. anyone can voice out their objections in the hearing but their objections have to be reasonable. isn't that what everyone wants? fairness, justice, democracy?
we must also realize the MOA and administratorship was decided and accepted by OVERWHELMING consensus (7 out of 9 heir lines), representing the entire age spectrum, youngest to eldest. i also trust tita angie's decision considering she finished law school, has a phd and is a department head in DTI. i also trusted christian's decision, considering he is a high end systems engineer at a world class global bank. and i'm sure tita georgia consulted tito jojo who has given many valuable advise and expertise to the estate. so it's a wrong misconception to say i'm making decisions on my own. of course we are not perfect and the consesus can still get it wrong, but it's the only way we can make the best decision. we are all just trying to make our best guess because we are not God and we don't know everything.
the root cause of our miscommunication is that our brains are wired differently, in other words, our family is very diverse. but our diversity should be our strenght, not our weaknes. we should recognize each other's strength and use it to our advantage. that's why i always listen to tito virgilio's technical advise and follow. and that's why because of tito virgilio i am going to aloguinsian and i was able to sort out the 18sqm water tank and 48sqm compound entrance. that's called teamwork. also, i cannot do what tito mike is doing moderating meetings. i cannot do what christian is doing taking down the very detailed and important minutes of the meeting and creating flowcharts. magz is like me we are both street smart and that's why we tend to share the same philosophy. even tita doris' leg work and energy is one of the biggest contributors of the estate. i'm amazed how tita doris woke up 4 am to catch the first bus to aloguinsan. i can never do that. tita doris and tita georgia has provided me with so many valuable facts, data and history of the estate. my dad has provided me with many crucial information, advise and contacts to help us navigate through the treacherous government bureaucracy.
i hope everyone realizes i never intended to disrespect anyone. in fact all my messages to the heirs is recorded in our collaboratoin wiki and my first ever message i was thanking tita jane because i wouldn't be successful right now if she didn't help me when i just arrived in the states. in fact the things i said to tita jane i thought she would be proud of. i said tita jane you are blessed with a wonderful family and very smart kids ask them to help you the same way tita angie and my dad is asking help from their "upgrades". in the golfing community we call sons or daughters upgrade. instead of saying anak siya ni so and so we say upgrade siya ni so and so. the reason why i said that is because i want tita jane to be happy and free from stress and i found it a waste that while everyone was celebrating she was upset, only because there were certain information that she missed, which she admitted that the information i send out are too long she does not have time to read them.
the estate issues require street smarts. there's 2 kinds: book smart and street smart. tita jane is more book smart simply because unlike me, she was never exposed to dangerous street life. street smarts involve making decisions that are not scientific and therefore cannot be written in books because it involves guessing human nature. human nature is very unpredictable and it's always a case by case basis and the best you can do is make judgement calls or guesses, and in our case if i didn't make that guess or judgement call that the buyer will be offended if we postponed the signing, the whole estate would have been in jeopardy. another example is tita jane and tito virgilio and tita georgia have been going to the toledo assessor but they never got the tax decs. when i went i kinda noticed he was gay so i gave him my number and told him if he visits cebu city to give me a call we can have coffee. who knows my friendly gesture probably motivated him to give us the tax decs. and also i found out one of the high ranking assessor, his wife was a very good friend of tita angie so i let tita angie talk to him and maybe that also helped us get the tax decs. these skills you can't learn in books. i mean doctors or surgeons are the smartest people in the world but they would be having a tough time solving the problems of the estate because doctors are book smart. it's not an insult it's something to be proud of because oh my god while street smarts can solve the problem of the estate, doctors and book smarts can save lives. that is something to be proud of. the same thing with my dad and tita angie - they are high level TECHNOCRATS, high intellectuals way way smarter than me. i failed the entrance exam to ateneo and UP i only got in los banos because the chancellor at the time was my father's roommate when they were taking masters degree in wisconsin. i really have nothing to be proud of. i'm just a disgusting lonely loser, no job, no family. you guys are actually way way smarter than me, it's just that i grew up in the streets so i developed street smart skills to judge people's personalities. that's why in the first meeting with mr lao i told everyone in the compound to dress makaluluoy because i play golf with these captains of industry and know they can be very generous and have the instinct to be the guardian of society but they can also be very sensitive and easily be offended if we postpone the meeting and we don't know if that buyer could be our only hope for saving the entire estate. and now, after the fact, we know i made the right call and if i didn't make that call we could be very stressed right now not knowing how we could pay for the estate taxes. christian said it best - he said - "na anghelan ta". of course if you look at what i did in isolation it was a very stupid thing to do just like driving against the flow of traffice is a very stupid thing to do, but if you look at the big picture, it was the right thing to do just like an ambulance driver trying to save the life of the patient by driving against the flow of traffic. in our case, i was trying to save the entire estate.
2/20/21 dirty kitchen and aloguinsan updates
there are 2 buildings that appear in the list of holdings - tax dec # GRC6-08-062-11262 and GRC6-08-062-11263 which i'm not sure what and where they are. i suspect this is the old dirty kitchen/maid's quarters, and the lot number just has a typo error. BOTH tax dec says the lot number is 6090-B-2-D, but all the lots in compound starts with 6098-... BOTH have the same area - 132sqm, which is about the same as the dirty kitchen. maybe one is just a duplicate or revision. the 11262 tax dec also has a levy - delingquent on property taxes, date nov 24, 2010 amount is P57,739. i will go to tax mapping on monday to verify this. if it's the dirty kitchen then the estate will need to assign it to papa.
regarding aloguinsan, tita doris suspects the 392sqm lot 419 that nobody knows about is either a big canal or has been verbally assigned to tiya rita by lola (like pagina). i will visit aloguinsan next week to verify this. this lot has a weird configuration, it's a narrow strip right along the provincial road, around 68m long and 6m wide. i will post the sketch map. it's actually the frontage of lola's 1,841sqm lot 420.
lot 420 has 2 classifications in the tax dec - 1,641sqm corn land and 200sqm residential. tita doris says the lot has been subdivided into 9, each having 200sqm. the deed of sale says we sold 1,224sqm. tita angie says the proceed of the sale was divided among 7 heirs. tito gerry's and tito bertie's share was not part of the sale, so they are suppose to still have 200sqm each. this probably explains why it still appears in lola's list of holdings, and the tax dec just hasn't been updated yet. however, 200 X 9 = 1,600, so we don't know what is the extra 200sqm residential. i will also sort this out when i go to aloguinsan. the remaining lot should be 600sqm, and if that's the case, we should decide whether to assign 300sqm each to tito gerry and tito bertie or just assign 200sqm and keep the remaining 200sqm for the estate.
2/18/21 aloguinsan update
tita doris got back from aloguinsan with the certified tax decs and no improvements lola has 2 properties - lot 419 (329sqm) and lot 420 (1,841sqm). what's weird is there's also 4 property tax receipts, each listing around 5 properties of lola and her siblings, each having a different tax dec #. lola's tax dec # is 02373 and 02401. but both are not in the list of holdings and both don't have certified tax decs. maybe we have to go back and have these 2 lots declared so we can include them in the estate tax computation. the dates of the property tax receipts are 2011, which means the properties are incurring huge penalties. i think we should get a computation and maybe contact marjorie and tito mario to ask them to chip in if it's big. but if it's just around P5k we can just pay it and ask marjorie or tiya lydia to pay ours next time they visit. also, it shows tiya rita paid for lola's property taxes in 2011.
to sum it up, there are now just 2 remaining items before we can get the final estate tax computation: 1. 2 lots in aloguinsan not yet declared - i will need to go back to aloguinsan to sort it out 2. 48ha of toledo - the assessors office is already creating tax decs so we are in a waiting mode for this. but i will follow up next week
update: i see a 2011 deed of sale where tax dec #02373 was sold for P244k. that explains why it's in the property tax receipts but not in the list of holdings. what's confusing is that it's lot 420, but lot 420 is still listed under lola as the owner, but the tax dec # is now 20-04-02676. the lot areas are also different. the one sold was 1,224 sqm and the sketch map lists it as lot 420-PART. the sketch map also shows another lot with the same name, 420-PART, beside the 1,224 sqm lot that was sold. i would guess this is the lot lola still owns, but it's much smaller than the one that was sold, while the tax dec of the lot lola still owns shows the area is 1,841sqm. very confusing. maybe the lot that lola still owns is the same lot that was sold, but maybe the sale was invalid because the estate taxes haven't been paid yet. or maybe we had an agreement stipulated in the deed of sale that when the estate taxes are paid we transfer it to the buyer instead of the heirs. the deed of sale says this:
"that the said parcel of land is not registered under act 496. but the parties agree to register the instrument under act 3344, as amended by pd 1529."
i tried googling the acts but the texts are too long might as well ask the assessor when i go to aloguinsan.
it's also possible tax dec 02401 belongs to tiya rita because one of the property tax receipts show tiya rita's name next to the tax dec #. however there's another property tax receipt where lola's name appears next to the tax dec #. i'm sure the assessor can easily sort these out.
or maybe i can let tita doris go again and she will just call me so i can talk to the assessor.
2/17/21 update on DCCI, aloginsan, 18sqm, and pagina
i gave tita doris P200 for taxi to SEC to inquire about DCCI. the only requirement they asked for to keep DCCI up to date is 2020 financial statement and 2021 GIS. i will work on it when i have time. they said they don't know yet how much we need to pay for penalties. i guess the penalty will depend on DCCI assets which is only the 48sqm compound entrance so hopefully the penalty will just be small.
i also gave tita doris P3.5k for her aloguinsan expenses to get a list of holdings, tax decs and no improvement certifications for lola and tito bertie. she and donnie will stay overnight because it usually takes more than a day to process. if tito bertie's property is not yet declared, i will go to aloguinsan next month to process it which is ok since the amnesty deadline is not critical for tito bertie's estate. i'm just waiting for my drone to arrive. the aloguinsan mayor will accompany me to scope out the area around secret beach because my dad wants to apply for a free patent around the area and build a payag for vacation house.
i got the no improvement and certified tax decs for the 18sqm water tank. our BIR assessor edith said she can now add it to the estate tax computation but she wants me to submit it together with the toledo tax decs/no improvements.
regarding pagina, edith said tiya ika's family still needs to do extrajudicial and pay inheritance tax even if it's just for their 79sqm house without land. i will work on their extrajudicial this weekend.
allow me to brainstorm about pagina. you don't need to read the rest of this message, it's just for brainstorming purposes. i was thinking instead of donating an almost worthless 193sqm to tiya ika's family, we can do a little real estate engineering and give them something that has real value and also increase our estate's value in the process. it will also make mesquite, the owner of our frontage happy. i will offer mesquite (who is close buddies with tita doris) to help her with her estate tax and have her 400sqm lot titled under her name. in exchange, she will sign a contract to sell so we can buy the 79sqm lot that tiya ika's house is sitting on for P1m. it will be a good deal for mesquite because there will soon be a road widening so the 79sqm will probably just be 40sqm. this will allow mesquite to start enjoying her inheritance. then we can subdivide both the 193sqm and 79sqm in half such that both partitions will have a frontage. although we are giving tiya ika's family only 136sqm instead of 193sqm, we are giving them easily P3m worth property instead of only P500k (if it was trapped without a right of way). in the process, our estate spends P1m but we now have a property worth P3m instead of zero if we donated everything (which was the original plan).
mesquite does not have to worry about the squatters who are known killers. she can just let her remaining 321sqm (or maybe 200sqm after the road widening) sleep as it increases in value. then after the road widening most likely a big developer will swoop in to make her a nice offer. the big devloper will also usually give a big offer to the squatters that will make the squatters happy to relocate, and nobody's life will be endangered.
but where will we get P1m to buy mesquite's 79sqm frontage (plus partitioning expenses)? as administrator i can petition to set aside money, maybe P1.5m from the mambaling sale and deposit it in court so it will be used for this purpose.
we can also build a 12 unit 2 story bed spacing building we can rent out for 6k a unit. i played golf with a dude who is the nephew of tiya rosa and a close friend of engr tiyo dodong. forgot his name but he used to be a manager in petron and work buddy of our late neighbor chito mantos. (he told me chito used the petron speedboats for personal trips to boracay. classic tokachits :-) he owns a big dormitory across san carlos. he also owns a 12 unit 2 story bed spacing building near san carlos. it only occupies 125 sqm of land and it cost him around P4m to build in 2004. he will be happy to share his architectural and engineering plans to tiyo dodong in case we want to build something similar on our 136sqm pagina. this could be around P50k clean and stable cash flow a month, only at a cost of around P7m (adjusting for inflation and adding the P1.5m expense to buy the frontage and partition the lots). therefore annual cash flow ratio (50k(12months))/7m = 8.5% is very good cash flow ratio compared to pelaez which was only earning (50k(12months))/25m = 2.4%.
of course only a crazy person will administer this venture with an estate composed of 21 heirs. to simplify and give the heirs freedom to invest or not to invest in this pagina venture, DCCI can issue shares, around P500k each. any heir is free to buy DCCI shares as much as they want. the more shares you buy, the bigger your ownership of DCCI just like in the stock market. the proceeds will be used to buy the 136sqm from the estate at P3m and construct the bedspacing building, if DCCI chooses to pursue it. if DCCI chooses not to pursue the bedspacing project, it's pefectly fine because the P3m property can still grow in value and the shareholders can reap big rewards when a developer swoops in.
rent from bedspacing will be distributed quarterly or semi-annually to the shareholders through dividends.
example if 10 heirs want to buy 2 shares each of DCCI @ P500k/share, that totals P10m. and if we only spend P7m on the project, then the P3m will just be recorded as cash balance and it's up to the board whether to invest it in bonds or stock market to protect it from inflation. if the fund raising comes up short, i can fund the shortfall and become the biggest shareholder. corporations need to follow strict accounting rules. it's actually very easy to trace any accounting irregularity and any employee or officer of the corporation that violates the rules would easily be charged and sent to prison. this is actually strictly implemented in the philippines that's why corporations are popping up and flourishing all over the country.
the nice thing about this is that if an heir finds the pagina venture too risky, that heir simply will just refrain from buying the newly issued DCCI shares and just enjoy their money from the pagina sale. their share will be limited to the 48sqm compound entrance, which also means their voting power will be limited and their dividends will be smaller compared to the bigger shareholders. just like in any corporation.
then depending on DCCI performance on the pagina venture, DCCI can issue more shares to buy the mactan lot from the estate to do another bedspacing project. smart money will be attracted towards DCCI if pagina is successful because they know by that time DCCI now has the experience and knowledge, or has paid the "tuition fee" beginner mistakes. smart money likes to magnetize towards talent and expertise. big players might start coming in and DCCI can even buy munoz's M5 in the compound. in wall street lingua, that would be called "growth by acquisition". the pagina and mactan projects is called "organic growth" in wall street.
the great thing about a corporation is that shareholders only have the power to vote for chairman and board of directors, who will then appoint the president and other officers. after that the officers have autonomy and authority to make daily decisions without getting a scolding from the shareholders and only have to report quarterly instead of having to write long essays everyday trying to justify to the shareholders every little move and activity. example i'm a shareholder of facebook and i cannot scold mark Z for banning trump.
2/16/21 update on pagina
i got the certified tax dec for the 18sqm water tank. i submitted it for the no improvement certification and they said they will just text when it's ready to be claimed.
i also learned that it would be almost impossible to sell our 193 sqm in pagina, and tia ika's 79sqm frontage house can never be sold. i consider this good news because it simplifies our decision and tia ika's family will always have a place to live. let me explain -
tito boy got the list of holdings of their father lolo sergio with only 1 entry - their 79sqm house (the frontage of our 193sqm). they don't own the lot. it's on lot 7877 but our 193sqm lot is 7878. i asked someone in the assessor's office to trace the owner of lot 7877 and turns out their house sits on a 400sqm L shaped lot owned by arsenio cabras who's children have also passed away. the surviving heir is mesquite which our family knows because she used to work for DCCI in butuan. so our 193sqm is trapped right behind an L shaped corner lot owned by a distant relative, and our frontage, which is tia ika's house, sits on a land they don't own. so selling the property is now out of the question. which is good news for me because that means i have less work to do. hehehe.
the entire 400sqm lot 7877 is occupied by squatters who are known to kill anyone who messes with them. i told tito boy, tita janna and tita heidi that they are lucky their neighbors are feared killers because there's less chance mesquite will claim the property and evict them for fear of retribution. however, if mesquite does manage to evict everyone on the lot at least the 193sqm lot we will be donating to them will serve as their sanctuary or assurance they will always have a place to live.
tomorrow i will consult our BIR assessor edith if an extrajudicial is still needed for their 79sqm house that sits on a lot owned by someone else. if it's needed, i will help them create the extrajudicial and pay their estate taxes (which should be very tiny considering the zonal values in 1976 were very low) so the house will now be under the name of all the siblings.
then i will host a meeting with all of the siblings. those in manila will join via video call. i will propose that we donate our 193sqm to the 3 single siblings (tita janna, tito boy, and tito bernard) and tita heidi who lives on the lot. i'm assuming other siblings are already well off with their own house and lots and children who are professionals or earn a good living. i will inform them that our 193sqm property has very small value because there is no frontage, meaning they won't be missing much if they are not included. but if any sibling wants to be included, we will just include him/her.
2/15/21 misc updates
i talked to our BIR assessor edit sibayan she said the most important thing they look for in the extrajudicial is the "heirs left no debt" clause or the "rules of court rule 74 section 1" clause at the end of the extrajudicial. that means tito virgilio's request to remove it is not possible. she also said that the notary will inspect the titles and make sure there is no debt annotated and if there is, the notary won't notarize our extrajudicial. now i know why it's very expensive to notarize our extrajudicial. turns out the notary has to read all the encumbrances, which can have a lot of entries as in the case of our titles to make sure no debt is annotated and if the notary makes a mistake the notary could be sued or disbarred.
regarding the 48sqm compound entrance owned by DCCI, edith said she does not know the tax ramifications if we never keep the corporation up to date or the corporation is dissolved. but she advised to keep the corporation current. i was doing hiking exercise with atty mark and he advised me to look at the by laws of the corporation to see if there is something that says what will happen to the properties when the corporation is dissolved. i checked and it does not say anything. i will ask tita doris tomorrow to go to SEC and find out how much we need to pay and what we need to submit to keep DCCI current.
i accompanied tito boy crystal to assessors so they can get the list of holdings, tax decs and no improvements of their father don sergio (lolo's brother). i met lola ika who is now 101 years old but she was sleeping. i also requested a tax dec and no improvement for our 18sqm water tank and i will claim it 9:30 am tomorrow. i ate lunch with tito boy and he is very like lolo munding - very religious prayed before eating, although he is a mormon. he just ate 1 piece of the humba and took home the leftover. he kept thanking me and telling me "god bless" for helping them and wants to send his regards to all of lolo's children. turns out he used to work for tita jane and tito gerald in butuan where he maintained the trucks.
then i went to provincial assessor to get a list of holdings for aloginsan. the head assessor advised me to go directly to aloginsian and get a printout because it will take long for them to request and sometimes they don't know when the assessor of aloginsian will reply to them. and if we get a list of holdings from all municipalities, it can take months or even a year and it won't be complete.
i will go to aloginsan after lola laling is laid to rest. she passed away today. she is 99 years old.
2/11/21 extrajudicial is not an option and various updates
as you read my updates, keep in mind the entire estate is now safe and with our current course, millions will soon be flowing in your bank accounts so we should all be happy.
contents:
I. 48 sqm compound entrance II. extrajudicial vs administratorship III. buildings not in extrajudicial IV. toledo 0623 (.4ha) V. toledo 01075 (2.2ha) VI. 18 sqm water tank VII. titling the main house in favor of tita georgia and tito mike
I. 48 sqm compound entrance
i'm so dumb. i was wondering why the 48 sqm compound entrance was not included by the BIR in the estate tax computation even if we have a title and tax dec. so i went to the the assessors office to find out. turns out the owner is DCCI. i'm such an idiot i never even bothered to read the tax dec and title. so i went to SEC to find out the status of DCCI and they told me DCCI still exists, we just need to pay some fines for not submitting a report annually. i asked their lawyer the ramifications if let's say 20 years from now we never submit a report and try to sell the property. she told me there's no ramification as far as SEC is concerned but she doesn't know about the BIR. so on monday (tomorrow is a holiday) i will go to BIR to ask. my suggestion is to revive DCCI, then when mambaling is sold, all heirs contribute to open a loto outlet and just distribute profits quarterly or semi-annually. we can use the wiki for accounting transparency and prevent accounting conflicts that happened in the past.
II. extrajudicial vs administratorship
i talked to the head of ROD, atty cugtas who told me there is no way we can do extrajudicial because our debt to Ang is annotated in the titles. he said atty george quimpo's claim that the annotation will just be carried over to our titles is wrong. instead of being angry at me, any heir who does not agree can go to the ROD to talk to atty cugtas or file a complaint in the ombudsman. i am just following the law to protect the estate.
tito virgilio asked us to remove the clause "3. That to the best of our knowledge and information of the parties hereto, the said deceased left no debts;" and "... pursuant to Section 1, Rule 74 of the Revised Rules of Court". tito virgilio is of course correct because obviously the estate owes salvador ang. this is probably why abigail told me to remove her name and tita luz's name from the extrajudicial because they might end up in jail. actually abigail is 100% correct. any heir who signs the extrajudicial with this clause is committing perjury and will be sued by Ang. that's why tito virgilio had it removed. we can't claim innocence or good faith because we battled Ang in court for years regarding this debt. but maybe the reason why atty mark put that there is because it's an essential part of all extrajudicials.
on monday, i will ask our BIR assessor edith if she will accept an extrajudicial without the "no debt" clause. i googled it and looks like it's the most important requirement - https://carpiodelacruzlawoffice.wordpress.com/2015/01/29/step-by-step-process-in-the-extra-judicial-settlement-of-estate/. if edith confirms this article is true that means there is no way we can do extrajudicial. that means we have no choice but to do administratorship.
we will add "the no debt" clause back but nobody will sign it. the BIR will just use it to compute our final estate tax that already includes all toledo lots, 18sqm water tank and possibly aloginsan. that way when the pelaez buyer gives the full payment, they already know how much to deduct, therefore there is no more excess and there is no more need to put a lien on one of our properties. this would resolve this very contentious issue that resulted in very high emotional reactions. that's why IT'S VERY IMPORTANT THAT WE CONTINUE TO WORK ON OUR EXTRAJUDICIAL even if it will only be used to let us know how much is our final estate tax.
if we don't file for administratorship, by law salvador ang can file and become the administrator of our estate. just imagine that. by law any claimant or creditor can become the administrator of an estate. atty balili saw atty ang's lawyers also filing for administratorship. they took pictures and showed it to me. that means Ang is on the move. we need to move faster in order to pre empt Ang's moves.
you know why Ang is filing for administratorship of our estate? because we literally told him to in court. it drove me crazy when i read the court documents. maybe i'm just missing something but why on earth would we want Ang to be our administrator? i just read it 2 days ago. on feb 8, atty tan received the finality of tito virgilio's counter claim against ang and sent them to me. i will post it later but when i read it the first paragraph says: "the plaintiff will just withdraw his complaint because he will just have to file for letters of administration AS THE HEIRS INSISTED". then ang goes on to say the reason why he didn't file for administratorship is because it takes time and he is already old and tired and he was hopeful the heirs will just negotiate with him because the eldest, rey crystal, who used to be the director of NEDA, was kind enough to assure him that the heirs will pay him once one of the properties is sold. but now, he will have to file for administratorship because the heirs want him to. i don't get it.
also note that even if we had a choice between extrajudicial and administratorship (which we don't), and we choose extrajudicial, after we create our perfect extrajudicial, where will we find money to pay for the estate tax? with administratorship, a buyer can stipulate in the contract that the buyer will pay for our estate taxes and full payment is due only when the administratorship is approved, where the buyer is confident the sale can be validated by a mere approval of the judge using common sense. with so many heirs living abroad, who hasn't yet given an SPA, no buyer would want to go through a very complicated and lengthy contract signing.
in yesterday's meeting, i was asked to inform the heirs which version of the extrajudicial i submitted to atty balili. it was the same as the latest extrajudicial i gave to tito virgilio. atty balili only used it as a reference in creating the list of estate properties in our petition for letters of administration.
tito virgilio asked me for the list of documents i submitted to the BIR. i don't remember what i submitted to the BIR, but since we already have the final computation for the first batch of holdings and are ready to pay (P6.5m), the only requirements we haven't submitted are those for toledo 4126 (32ha), 4127 (6ha), 4143 (10ha), 4129 (3.5ha), tax dec 01075 (2.2ha), 18 sqm water tank, and any aloguinsan property if any exists (i was planning to go to aloginsan next week, luckily tito virgilio told me i only need to go to the provincial assesors in capitol). as tito virgilio educated us in the meeting, there's 4 basic requirements:
1) list of holdings from each city or municipality 2) certified tax dec for each property 3) certified copy of the title for each titled property 4) certificate of improvement/no improvement for each property
III. buildings not in extrajudicial
tito virgilio pointed out in the meeting we need to add the buildings in the extrajudicial. atty cugtas also told me it does not matter if the buildings are in the extrajudicial or not, as long as the BIR gives us the CAR. so i asked our BIR assessor edith if we need to add the buildings in the extrajudicial. edith told me there is no need but it's ok if we add it. what's important is that sthe land is in the extrajudicial and we submit certified tax decs for the building which is what they use to compute our estate tax. the pelaez building and 2 buildings of the main house were already included in the onenet computation that i posted in our chat group and emailed to tito virgilio. that means i already submitted the requirements for the buildings. also note in tito virgilio's excel spreadsheet, the main house has 3 buildings and the tax dec numbers are all different from any of the 2 tax dec numbers in the BIR's onenet sheet.
i told edith i prefer we don't add the buildings in the extrajudicial because it's easier to have an idea how many properties we have if we only include the land. edith told me that to satisfy my preference, the buildings don't have to be a separate item number, we can just add "with improvement ...." after the technical description of the land.
IV. toledo tax dec 0623 (.4ha)
i also asked edith why our toledo tax dec 0623 (.4ha) is in the list of holdings but not in the computation. she told me it's because 0623 is just a revision of 0620. she pointed out to me both tax decs have the same lot #.
V. toledo tax dec 01075 (2.2ha)
i also asked edith why tax dec 01075 (2.2ha) is not in the computation. i showed her the certified tax dec. edith said she will add it to our computation and we will be issued a CAR for this property after paying the estate taxes because we have a certified tax dec. there is no lot number in the tax dec but the boundaries say it's bounded by ilag river on the west which means it's on the other side of the river where atlas mining is. meaning it could be rich in gold deposits. this is pretty big, around 150m X 150m or the size of 4 football fields. we should have this surveyed by engr norvic then setup a small scale mining operation. we can buy used equipments from the operators in mindanao that got closed down by duterte for improperly disposing poisonous mercury into the river. small scale mining is actually easy - https://youtu.be/Rmx_5MjwN5Q. i don't care about gold and money i just want to meet a beautiful tree hugger who will be protesting our mining operations. hehehehe
VI. 18 sqm water tank
tita doris just got the ctc of the title from ROD (title #18504). on monday i will go to assessors to have this declared so we can add it to the estate tax computation.
by the way, edith told me a VERY VERY VERY good news. she said the zonal values of the newly declared properties (including toledo 4126, 4127, 4143 and 4129) under lolo and lola will be at the time of death, even if they don't appear in the list of holdings during the time of death.
VII. titling the main house in favor of tita georgia and tito mike
the main house is already excluded in the motion for "sell and divide" properties. atty balili is creating a petition to assign it to tito mike and tita georgia which we will submit as soon as the administratorship is approved. only the administrator has to sign the petition. the petition will be published and all heirs will be notified of the hearing. there will only be 1 hearing. if there are no objections the judge will immidiately give a court order to title the main house in favor of tita georgia and tito mike. tita georgia and tito mike will need to pay 6% donor's tax. but as special administrator, i will request the estate to shoulder the 6% donor's tax since it was lola and lolo who paid for all the taxes of the other heirs.
i asked atty balili if we still need to make a deed of assignment. he said it's unnecessary or it will be overkill.
even if there is an objection, which i'm 100% sure there isn't, the judge decides using COMMON SENSE. tita georgia and tito mike has overwhelming evidence - they just need to show all other heirs were already given a house in the compound, and anyone who objects will need to show a property in the compound under tito mike or tita georgia's name. besides, them being the youngest and second to the youngest is very strong evidence that they simply were not included in the "original family planning". hahahaha. accident ra diay sila. the electrical bills or proof tita georgia resided there for the past many years would also solidify the evidence.
but i like overkill. let's create the deed of assignment anyway, also as a symbolic gesture. just 2 copies. tito mike, print 2 copies of the deed of assignment i sent a while ago. i will resend you a copy if you can't find it. have it notarized and apostilled. then DHL it to christian who will also sign and notarize (also sign for abigail and tita luz). then christian will JRS express it to tita angie (siquijor don't have LBC) for her to sign and notarize, then tita angie will JRS it to cebu for everyone in cebu to sign and notarize.
2/10/21 why administratorship is necessary
in response to tito virgilio's protest towards our filing for administratorhip:
for everyone to understand why i filed for administratorship, there are many details that needs to be fully understood. the estate is easily worth P200m or P20m each in your pocket so there's no reason why you can't spend time to listen and try to understand all the details. i can keep it short by just giving factual statements but it's obvious based on the numerous unecessary conflicts i need to explain and prove my statements for everyone to understand. if you trust me, like you trust atty balili then i can just tell you the facts. if you don't want to listen to all the details, just read what tito virgilio advised us to read - rules of court rule 74 section 1. which states that we can only do extrajudicial if the decedent left no will and no debts. but because ang estate duna utang ni salvador ang, we need to secure "letters of administration".
here are all the details:
when i first got involved, we were collecting the estate tax requirements, atty cugtas the head of ROD told atty mark's runner, ngano nag extrajudicial man na si ian duna mana sila utang ni salvador ang. i was surprised and shocked why atty cugtas knows our situation with Ang, i suspected maybe Ang has been trying to bribe the ROD to
