MambalingRightOfWay

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[edit] messages from virgilio (02/22/20)

  • They visited thrice na.They like the shape of lot and the flatness. It fits their need. The Main concern is the road. We need to give sketch of the road right of way of isaac showing the width of road. The Sketch Plan given by Doris which I gave them doesn't show it. Perhaps the sketch is with Doris or with Bertie (Jo-Ann). Pls help facilitate get copy. This has also the Certification of Road Right of Way by then Brgy. Capt. Rudy Estela. The last time I saw it was Bertie and Gerry showed it to him because of some complaint of a relative of Isaac. That was when Gerry fenced and closed the access road because our lot was used as a taxi parking area and the relative of Isaac has a house inside the property. The width is very important to Buyer because of trucks passageway.
  • Tiyo Dodong is scheduling another Buyer and I am waiting for results thereof.
  • Fyi, during one of the visits in the presence of buyer the brother of Jo-ann mentioned an adjacent property also for sale. Doris knows about this. Please inquire from her, Doris, details of the adjacent property for sale. Details such as lot area and selling price.
  • My investigation of Isaac Road Right of Way showed that while vehicles are parked, there are no permanent structures or improvement. This may signify that the area is recognized by Isaac relatives as not theirs. But this has to be confirmed. I talked to Isaac son and he said Isaac and mother are already dead. Perhaps a Certified True Copy of the Deed of Sale is needed. Ask someone to go to Quimonda Hall of Justice. Bring the photocopy of the Deed of Sale. Also the Deed of Sale mentions a lot number send someone to Tax Mapping of Cebu City Hall and get a Certified True Copy of the Tax Declaration thereof. See if the Deed of Sale is Registered on the Tax Declaration and let us see if there is a title over the Lot. If there is Title, pls get Certified True Copy of the Title and see if the Deed of Sale (Road Right of Way) is annotated therein. THIS IS VERY IMPORTANT.

[edit] task list (from ian)

  • my plan to secure our right of way just fell short because tita doris told me today she is afraid to approach any of the heirs because the heirs are in the middle of a very intense feud. i think tita doris made the right decision because safety should be more important. it's also a blessing in disguise because tito virgilio's suggestion costs much less. THIS HIGHLIGHTS THE IMPORTANCE OF COMMUNICATION.
  • what tito virgilio means by no permanent structure is that the car garage has no walls (albeit has a roof).
  • here is a break down of tito virgilio's messages into assigned action items (too bad monday and tuesday are holidays. whoever is assigned a task should get it started asap on wednesday):
    • (done 2/23/20) i have the sketch plan. however it does not show how wide the right of way is. using simple algebra, i can estimate the width by measuring the distance from our lot to the gate (my lakang is around 1 meter) and then divide 94sqm by it. i will then give the sketch map (with the estimated width labeled) to tito virgilio. i will do this tomorrow (sunday)
      • i went to mambaling to measure the distance from our property to the gate of isaac's property so i can compute the width using the formula width = area/length. i got 23m (conservative lakang) so the width should be at least 94/23 = 4m. note a car is 2m wide which means a truck can easily pass through. i marked these measurements on the sketch map and gave it to the maid of tito virgilio. i updated the wiki that this task is done.
      • tita doris warned me the heirs are very hostile and paranoid and doesn't want to give up that portion of their property for our right of way because they are already using it for a taxi garage and auto shop and there are already too many heirs contending for the whole property. when i arrived i told the folks hanging around that the lawyer of the owner of the next property is asking me to take measurements because they are trying to cancel this right of way. i told them we are trying to make it final and official that the right of way would be the narrow path through the squatters area (which of course is impossible because the law says the right of way width is according to the needs so if we declare the property will be used as a warehouse then a truck has to be able to pass through). i explained that the buyers of that property (i pointed to our property) will now be forced to buy the property beside it for the property to be accessible or useful, so the property value of our client will go up a lot. i explained it's the law of supply and demand. also, the owner of the property with very narrow access (our property) will now be forced to sell to our client at a very low price. they got excited and were cheering for me as i was taking measurements. SUCKERS !!!
    • i will tell tita doris to give to tito virgilio the details of the adjacent lot. but i suggest we only give them the info if they are also adamant in buying our property. note the british buyer and the first buyer of tita doris said they are dead set on buying both. our worse case scenario is if someone only buys the adjacent lot but not ours. that's why it's important to secure the right of way (annotate the title and tax dec) and demolish that damn garage so the value of our property will be less tied to the adjacent lot
    • (done) i will go to the quimonda hall of justice (bring a copy of the deed of sale) on wednesday (monday and tuesday are holidays) to get the certified true copy of the deed of sale
      • result: they will need to ukay it in capitol and the expected date of release is march 26 - call 401-0446/0932-471-7315, mr. dandy, ask for doc# 234, page 48, book 15, series 1993. cashier cut off time is 4pm
    • (done) also on wednesday, georgia will get the tax mapping of lot 5248 at city hall besides records section of assessor's office. get the tax dec number from the tax mapping people so we can get a certified true copy of the tax dec. see if the deed of dale is registered on the tax dec and there is a title over the lot. (from ian: note that in the deed of sale the right of way is assigned 5248-B so also ask if it has it's own tax dec). also get a certification from cebu city assessor that san bernardino st (now cashmere st in google maps) is a public road and that it's width is ___ (note ian measured it as 7m wide).
      • messages from georgia:
      • Went to City Asseasor, Tax Mapping, City Planning, GIS, DEPW to ask about San Bernardino Street. The vicinity map we have is the same one they have inthwir computer. They cannot give us another copy because there is a memo refraining them to give copies of the map. Good thing we have one. I secured a copy of tax dec of 5248 owned by Remedios Valles. In their map, 5248 has one owner. I am wondering if Isaac is related to Valles?
      • In their map that is colored red (tax mapping) and brown (depw), there is an existing road that reaches up to our lot. But the existing road done by the city does not reach our property. It is because it is a private property and they cannot work on the road unless it is donated
      • mentioned abput the 94sqm bought by mama. I was advised to go to ROD and get a copy of the title of Valles so we can see if the 94sqm was annotated in her title
  • (2/25/20) georgia, virgilio, doris and ian met. here are the additional actions items that reflect what was discussed in the meeting:
    • (done) instead asking for the certified true copy of the title of lot 5248 (where the 94sqm right of way is located) as ian instructed doris, virgilio suggested we get the copy of TCT 54800 and 54801 because it's mentioned in the deed of sale of the 94sqm. virgilio said to ask for the history which might involve multiple titles because we also want to look at those that got cancelled to see if any of the titles have ever been annotated. virgilio also suggested to just get a copy because it's much cheaper and considering there could be many titles involved. if any of the titles are annotated then that means the 94sqm is legally ours and we can just show this to the buyer to convince them the property has a right of way.
      • doris went to ROD to get the history of mambaling. ian read it and nothing says about our 94sqm right of way. the last annotation was 1972. (done) ian will give copies to virgilio
      • (done) the copy of the titles can be picked up monday march 2 we will know by then if any of the titles were annotated
    • another reason why we need to see these titles is to find out if the property has really been transferred to isaac at the time of sale (1993) because the deed of sale and tax dec shows that the property is under the name of remedios valles. if the property wasn't transferred to isaac yet, that means the deed of sale could be invalid.
    • virgilio said he has seen a certified sketch map signed by then barangay captain raul estrella indicating the 94sqm belongs to us. gerry, bertie and virgilio used it to present to capt. estrella to close the property because isaac was using our property to park his taxis. at first capt. esrella claimed the sketch map was invalid (he sided with isaac's family) but when gerry showed it has his signature, he had no choice to grant our request. virgilio said if we can find a copy of this sketch map, then the right of way problem is solved. doris and georgia claimed bertie had all the documents of mambaling which probably contains this sketch map. doris will work with bebing and joan to find the sketch map showing the 94sqm right of way is ours that had the signature of baranggay captain raul estrella.
  • followed up with doris on the sketch map bearing baranggay captain raul estrella's signature. note the sketch map was used about 5 years ago by gerry virgilio and bertie to fence the property because isaac was using it to park taxis. there are 4 things we are trying:
    • (done - not found) 1) doris said all the documents were handed over from gerry to bertie. ian is worried joanne might not be so cooperative in assisting doris as bertie's in laws are living in the mambaling property. so ian coached doris to let joanne know that if mambaling is sold it would fuel the sale of other properties and she could be receiving easily P2M in inheritance soon. ian felt bad because joanne is in the hospital but we have no choice and it is also true joanne and her kids will benefit immensely if we succeed. ian also told doris to work with nimfa to see if there are any documents left in their house.
    • (done - not found) 2) doris will go to the baranggay of mambaling to try get that sketch map
    • (done - not found) 3) virgilio called his friend involved in the past efforts to sell mambaling if he still have the documents. the friend said he will try to find it.
    • (done - not found) 4) the last resort is for ian to bribe or give a P10k incentive to the baranggay hall folks if they can produce the sketch map.
  • virgilio said that we should also try to get a certification that san bernardino st (now cashmere) is a public road and to see if it extends all the way to our property. if it does then this also proves the right of way is ours, and not just the 94 sqm (which only had 4 meters width from ian's computation) but the full 7 meters of chashmere st which ian also measured (23X7 = 161 sqm instead of only 94 sqm). (done) virgilio said we can possibly get this from city hall assessors office, city planning or baranggay (assigned to georgia). for city planning, virgilio told georgia to approach one of the sons of tiyo dodong who they sat with during the 100th birthday of lola ika.
    • result: refer to georgia's message above
  • virgilio said that even if we don't get the 94sqm right of way via cashmere st, we already have a right of way because he discovered a wide public road from avocado st that goes straight into the wall of our property so all we have to do is to tell reagan to tell mr. gorbachev to tear down that wall. ian asked virgilio what is stopping us from tearing down that wall? virgilio said there is like a damn and our property will be flooded if we do that. (done) ian said he will go there to take a look and see if there is anything we can construct to prevent the flooding. ian showed virgilio a satellite map to get instructions on the exact location of that wall. however, the satellite view showed the wall was part of the elementary school so if we tear it down it won't give access to our property. virgilio told ian to still go there and check it out anyway.
    • result: ian did not see any road (public or private) from avocado st that leads to a wall of our property.
  • if the road really does lead to the wall of our property, virgilio said we need to find out if that road is a public road. we can find out by getting the subdivision plan of the 2742 lots. he said since the lot is for sale by the owner (named girlie which tita doris knows), (moot - according to ian's findings) doris will try to get from girlie the extrajudicial because virgilio can then find out who was the surveryor and he can get the subdivision plan from the surveyor.
  • virgilio said that the importance of the tax mapping that georgia will be trying to get from city hall is to find out why the lot number of the 94sqm is not in sequence with the lot numbers around it (it's 5248 while the lots around it start at 27...).
  • virgilio also said that there is a big chance that by now, isaac's property have already been confiscated by the government for non payment of taxes. if this is the case then it's easier for us because we would now be dealing with government employees who have no personal interest. although ian doubts this because according to doris, one of the heirs resides in america so he/she most likely had the money to pay the property taxes. but there is no harm in finding out and the TCT's, tax decs, and tax mapping will reveal if it still belongs to them or to the government.
  • (2/28/20) doris approached barangay captain atty. abellana who used to run for councilor under the same ticket as rey and ronnie duterte. he is also a lawyer. he issued a summon to the isaac heirs scheduled for 3/1/20. ian decided only he and doris will attend the summons meeting because the isaac heirs have a history of making death threats to our family so street smarts and knowledge of human psychology is vital for safety and ian is worried the more emotional heirs could easily say something unecessary and unproductive that will only endanger them
  • (3/2/20)
    • doris got the copies of titles of isaac's lots. ian looked at it and did not see anything related to the 94sqm right of way. the last annotation was dated 1972. ian gave the copies to virgilio together with the history.
      • (3/3/20) virgilio texted ian the following:
        • Thank you for the certified true copies of tct 54800; 54801(275); 54799(274) all in the name of Remedios Valles. Noted that tct 54800 and 54799 are bounded by road lot 1 and by lot 5248. Tct 54801(275) covers lot 5248 where lot 2744 is a boundary. Please allow me to point to Absolute Sale of Road Right of Way. Pls get copy of new tct that replaced tct 54801(275) and trace it up to the present. Thank you.
        • Likewise, the tax declaration nos. Over tct nos. 54800 txd no. 37361; 54801 txd no. 029097; and 54799 txd no. 37362. Pls get photocopies thereof and trace them up to present. Photocopy lang una. Friendly reminder lang. We are doing this to validate Road Right of Way Deed of
        • assignments:
          • doris will get a copy of new tct that replaced tct 54801(275) and trace it up to the present
          • georgia to get copies (doesn't have to be certified) of tax decs 37361, 029097, 37362 up to the present
    • as ian expected, none of the isaac heirs appeared in the summons so capt. abellana will issue another summons. he said after the 3rd summon if the isaac heirs still won't show up then he can carry out further actions (he wasn't specific). let's hope it involved demolishing the garage blocking our right of way.
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