LalingEstate

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  • the purpose of this wiki is for all stake holders to efficiently get a clear picture and up to date information on the status of their endeavors. the wiki fosters teamwork, vital aid in planning, strategizing, and overcoming obstacles and challenges.
  • color code:
    • super critical (we could lose everything if not done)
    • critical (gating item or prerequisite of a super critical task)
    • important
    • assigned task, the default assignee is ian
    • unassigned task - anyone can volunteer


Contents

Important Highlights

Status of Properties

Status Table

status table
property est. value area title# taxdec# property tax status
pension house P20m?? ??sqm ?? ?? ?? clean title, to be partitioned
tisa ?? (P??/sqm) ??sqm ?? ?? ?? clean title, for sale
leyte ?? (P??/sqm) ??sqm ?? ?? ?? very high chance of recovery
bohol ?? (P??/sqm) ??sqm ?? ?? ?? CARPED, low chance of recovery
unitop P120m?? n/a stock shares n/a stock shares n/a stock shares n/a stock shares sale negotiation going on
  • estimated total:

Details

pension house

  • clean title. to be subdivided among heirs.
  • currently rented out to BJMP

tisa

  • clean title but no right of way.

leyte

  • 1/12/22: atty nadela predicts the chances of recovering leyte is very high. and even with the worse case scenario, it will take several years for us to lose possession of the property.
  • 1/12/22: atty nadela to email ian an affidavit.ian has scheduled in his iphone automatic reminder to follow up with atty nadela every monday.
  • done: tikay to give ian atty nadela's phone number
  • the problem with leyte is due to ian's ignorance and stupidity. on ______ at the request of christine, ian signed an affidavit declaring he is not tilling the land. christine used it as evidence in her petition to cancel the CLOAs. the petition was recently granted and a finality has been issued.
    • on 6/24/16, ian met with atty nadela in starbucks ayala to sign a motion to withdraw the affidavit that christine submitted but according to atty nadela, the motion was denied.
    • years ago, ian has been informing christine that if the CLOAs are cancelled the farm will go to the farmers, no to her because the deed of sale from yogi to her was invalid. christine replied she prefers it goes to the farmers.
    • christine has been telling ian on numerous occasions that she is willing to quit claim on pension and tisa in exchange for leyte. ian told christine talk is useless, waste of time, and will only cause unecessary streess and if it's what she really wants she should prepare a quit claim and present it to her siblings. christine flip flopped many times on her decision and never presented a quit claim.
    • ian's opinion: we should proceed assuming christine will never present a quit claim because she has a history of flip flopping. but if christine presents a quit claim, we should take the deal because:
      • 1) farms are considered the most insecure investment or store of wealth. there is always a high risk of future government expropriation or regulations such as new round of land reform.
      • 2) the NPA situation in leyte could get worse
      • 3) nobody in the family plans to relocate to javier and statistic shows provincial road travel in the philippines is very dangerous.

bohol

  • 1/12/22 meeting highlights (attendees: tikay, ian, atty nadela, jazzie):
    • waiting for the order of denial of cancellation of CLOA from judge. this is a gating item for atty nadela to submit a motion for reconsideration
    • ian will inquire in DAR capitol who was the recipient so ian can schedule in his iphone automatic reminders to regularly follow up with the recipient. ian will also ask annie if the heirs of lourdes have already received this order (per jazzie's advice)
    • atty nadela predicts the chances of success in recovering bohol is low.
    • ian requested atty nadela to create a terms of reference including a proposal for her legal fees but tikay preferred she will handle this separately.
    • atty nadela advised we should have petitioned for EXEMPTION based on the slope, not CANCELLATION based on the slope.
    • atty nadela advised that exemption based on pasteurland is out of the question. tikay claims the pasteurland classification is in the title but according to atty nadela, it requires attachments from DENR and that DAR has requested a while back for us to submit proof of existence of cattle but we never submitted.
    • the regional director who denied our petition for cancellation of cloas has been replaced. rey might know someone who knows the new regional director. ian asked atty nadela if the new director might be able to help, atty nadela said it's low probability because operations happen in the grassroots or from below but there's no harm in trying.
  • 1/14/22: ian's opinions:
    • we should continue to EXHAUST ALL OPTIONS. there's no harm in trying. a smart strategy for success is to analyze the best course of action, list down all the actions and execute them. THANKS TO TIKAY'S EFFORTS AND SACRIFICES IN THE PAST 20 YEARS, most of the high priority options have already been tested. this gives us a HUGE ADVANTAGE because it gives us more conviction or makes us less gun shy on our next move.
    • in my experience, the best strategy to solve properties issues is a "top down strategy". meaning find a buyer first and start from there instead of the other way around. in my experience, lawyers are the best brokers because they have connections to the big players in the area. example, the entire estate of lolo munding had too many issues it was almost impossible to resolve them before the estate tax amnesty deadline. luckily, our lawyer atty balili who specializes in city real estate knew lots of prospective buyers so i asked him to find a buyer and broker the deals, and part of the package deal was his law firm will resolve the problems with the properties for a high commission on the sales. all the issues of the estate quickly got solved. it would have been impossible if i did not use the top down strategy.
    • so i propose we ask atty nadela find a buyer for bohol and broker the deal in exchange for 20% commission. i think it's just fair considering the seemingly insurmountable obstacles. if everyone agrees, we should not waste time and ask atty nadela to create and MOA for this deal.
    • we can't control our feelings therefore we can't prevent our emotional distress due to the recent setbacks. but there are PERSPECTIVES that can help us stay sharp and focused in analyzing our next "chess move" and keep us motivated.
      • 1) inheritance is just fate. just look at the big picture and realize each sibling is inheriting around P50m even without bohol. with bohol you woulda coulda shoulda've inherited P70m each. but remember inheritance is fate and if you want to play the woulda coulda shoulda game then, 90% of human beings that ever existed on this earth have zero inheritance and need to work 40 hours a week all their life just to survive. 90% of humans are FORCED to wake up with an alarm clock even if they still want to sleep some more. by the time they arrive at work they are already tired from the commute. at 11 am they already feel fatigue and can't imagine working 6 more hours but they have to. they repeat this 5 days a week until they are old. this happens to 90% of human beings, which means this woulda coulda shoulda've been your life. and if you also consider the other couldas in life such as death of a love one due to cancer and accidents, it's like you just won the NBA championship but you are still sad because you lost a few games that season.
      • 2) remote rural farms originally belonged to the native inhabitants. the spaniards came and stole it away from them not too long ago. 400 years is just 4 full lifetimes. i'm 50 years old and i feel i was just born yesterday. the natives were then oppressed and subjugated for the next 400 years. so we basically bought stolen property. yes we are also partially descendants of natives and that's why we still have lots of other properties. note that this moral argument does not apply to city properties because the astronomical rise of city properties was because of the expertise and risks taken by non native engineers, architects, and capitalists. i even think giving the lands back to the natives is not socialism. the core principle of ownership in capitalism is "first use" and inheritance therefore in principle, the land belongs to the natives. but it should not stop us from exhausting all options to recover bohol because for me, economic security should have higher priority over moral principles. if an invading army is raping my wife and daughter i cannot laugh at the rapists and say, "haha jokes on you because you are the bad guys and we are the good guys". this is actually a republican perspective. by trying to recover bohol, we are following the republican ideology. although i'm not a republican, i also think theoretical purity is foolish. example, socialism has it's merits, capitalism has it's merits, it's foolish to have to choose a pure form of one or the other. the bottom line is we should exhaust all options to recover bohol but keep in mind it's not really a loss if we fail.

unitop

Estate Taxes

  • deadline is feb 2022 to avoid 25% surcharge. estate tax is around 6% of zonal value of all properties. note that unitop is not part of the estate tax because it's stock shares already under the name of the heirs. the zonal values can easily be looked up in the BIR website. ian downloaded the spreadsheet. so basically once ian has area of each property the estate tax can be estimated.
  • ian to meet with atty godinez whether we should do extrajudicial, administratorship, or will.sqm
  • action items:
    • get list of holdings from assessor's office:
      • cebu city (arnold)
      • mandaue (ian)
        • atty godinez to give ian and SPA to get list of holdings
      • talisay (jaz)
      • cebu province (jaz)
      • alicia (bebie)
      • bohol province (bebie)
    • death certificate (jaz)
    • TIN
      • ma. lourdes j. crystal (ian)
      • ma. theresa p. javier tin: 145-007-477
      • ma. christina j. samonte (atty godinez) ian suggests to inform christine the TIN is required for an heir to be included in the list of heirs
      • domingo javier jr. (atty godinez)
    • for each holding, get (if applicable): title and tax dec, certificate of no improvement
  • 9/14/21: ronda requested ian to assist in the estate tax tasks. ian followed up with atty godinez who said most of the documents are ready and would contact ian if more documents are needed.
  • 6/15/21: ian gave jazzie a list of instructions to get estate tax requirements (list of holdings, title, tax dec, no improvement)
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