LalingYogi

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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. if you want to create your own wiki for other personal uses, click: here
  • color code:
    • important
    • assigned task, the default assignee is me (ian)
  • the HEIRS referred to in this document are mama, tikay, tita christine and tito yogin

easiest way to sell a property[edit]

estate taxes[edit]

  • 6/17/25: the following are the remaining tasks for the properties to be transferred to the heirs:
    • process cert fees (P800)
    • fill out form 1905 and go to BIR in barrio luz to correct tito eugene's name by adding "Jr.".
    • finalize bohol estate taxes
      • request alicia assessor to allow us to pay 50% of P1 million property tax
        • if request not granted, meet with tita lourdes' heirs and request them to pay their 50% share of the P1 million (~P500k)
      • after P1 million property tax is paid, get no improvement certifications and submit to BIR in mambaling together with extrajudicial
      • pay possible bohol penalty (~P150k)
    • pension house business closure
      • pay penalties for 7 remaining open cases (~P6k)
  • 6/14/25: the estate taxes for lola laling have been paid. but i still need to submit lots of requirements for the e-car (e.g. cert fee).
    • i will need to go to maasin leyte to file yogi's estate taxes. the good news is we only have to pay for yogi's 1/2 of talisay (563sqm) because it's the only property that is not inherited from lolo abelardo.
    • the following is the ACCOUNTING:
      • total expenses: P549,716 (expense list is at the end of this wiki page. receipts are available upon request)
      • taxes paid: P3,930,635 (only mama will pay for talisay and her andres lot):
        • P2,601,546 (cebu properties)
        • P423,002 (bohol prelim payment to beat amnesty deadline but we still need to submit no improvement for each lot which we can only do after we pay the P1 million property tax balance. there are possible penalties in the final computation)
        • P171,492 (tito yogin's donor tax for mama's talisay)
        • P87,983 (tito yogin's documentary stamp tax for mama's talisay)
        • P235,323 (tita tess donor tax for mama's talisay)
        • P87,983 (tita tess documentary stamp tax for mama's talisay)
        • P235,323 (tita christine's donor tax for mama's talisay)
        • P87,983 (tita christine's documentary stamp tax for mama's talisay)
      • taxes paid (P3,930,635) + expenses (P549,716) = P4,480,351
      • how much each sibling need to pay ian:
        • click on the following link to view the estate tax computation per property: https://drive.google.com/file/d/1wn3z7itIfUg0eGAbZwq_o5p3COuiolda/view?usp=drive_link
        • total zonal values minus talisay and mama's andress lot: P38,369,160
        • standard deduction: 1,580,809
        • 6% (total zonal - standard deduction)/4 = P2,207,301/4 = P551,825
        • (expenses (P549,716) + bohol prelim tax (P423,002))/4 = P972,718/4 = P243,179
        • total tito yogin, tita tess, and tita christine each need to pay: P795,004
        • total mama needs to pay: P795,004 + talisay and andres (P394,245) + donors and doc stamps (P906,087) = P2,095,336
        • balance check: P2,095,336 + 3(P795,004) = P4,480,348 (+3 round off error) = P4,480,351
  • i wrote about my experience filing estate taxes so that others can be informed on what to expect. especially those who owns a business: https://ian-crystal.blogspot.com/2021/12/why-i-would-happily-vote-for-a-child-murderer.html
  • the following are kept for historical/educational purposes:
  • here is the status of the estate taxes as of 5/7/25:
    • the extrajudicial needed to be revised because tito yogin's name did not have a Jr. and tita christine's name did not have a ma. bir also won't accept maria theresa it has to be ma. theresa because it's what is in the ID. they are very strict. i have updated and printed the extrajudicial. then everyone will have to sign again and i will need to have it notarized again. luckily, i found a notary public in colon (recommended by tita citcit) who charges a flat P2k rate instead of percentage of the zonal values.
      • i also need 3 photocopies of your IDs with 3 specimen signatures again just like before (for the notary of the extrajudicial, affidavit, and another for BIR)
    • the BIR asked for the following additional requirements:
      • vicinity maps for all properties
      • new TIN of lola (BIR form 1904)
      • certified tracers of all the tax decs and the nearest tax dec to 2014 and nearest tax dec to 2021.
      • affidavit of no further donation from tita tikay, tita christine and tito eugene. i created it myself using a template i found in the internet. it has been inspected by the BIR officer so everyone can now sign it then i will have it notarized.
      • finality to the adverse claim on the tisa property. i will try to get the supporting documents in ROD tomorrow and then consult a lawyer if we need to file to have the adverse claim removed. i will request BIR that they start processing the estate taxes in parallel while we are trying to have the adverse claim removed.
        • i talked to annie she said she has no knowledge about the adverse claim. liezl (pages administrator) will get the latest tct of the other tisa lots and if they also have an adverse claim we will file a case in court to have it removed.
      • business closure of villa inez pension house. i will also ask BIR if they can start processing while we process this.
        • ITR with financial statement nearest to 2021
        • BIR form 1905 (2 originals)
        • list of ending inventory goods, supplies, including 1 capital good (1 original)
        • ineventory of unused invoices
        • original copy of business notices and permits as well as original copy of the certificate of registration (COR)
  • i excluded 1/3 of tisa 2,506sqm lot 18495 (P6.7m zonal, P402k estate tax) because it has lots of squatters and i also excluded 1/3 of tisa 1ha lot 18502 (P32.8m zonal, P1.9m estate tax) because we still need to file quieting of title.
  • i also excluded bohol because the property tax due is P500k (actually it's P1m but tita lourdes' heirs pays for the other half). we will just wait for bohol to be sold because anyway even with penalties it will still be small compared to the potential sale proceeds.
  • the following are the estate taxes all siblings will be paying:
    • tisa lot: P19m zonal value, 6% estate tax = P1.14m
    • pension house lot 1: P8.2m, 6% estate tax = P492k
    • pension house lot 2: P8.7m, 6% estate tax = P522k
    • ----------
    • total: P2.154m / 4 = each sibling pays P539k
    • mama's talisay: P4.2m, 6% estate tax = P252k
    • mama's andres lot: P4.3m, 6% estate tax = P258k
    • ----------------
    • total: P510k (mama will solely pay this)

presentation for heirs of tita lourdes[edit]

  • lola laling's estate taxes for the alicia bohol property which she co-owns with tita lourdes has been paid.
    • total amount paid was P423,002
    • zonal value at time of death was only P1/sqm, which is very small. even at 100ha, 6% of the zonal value is only P60k.
    • therefore, the BIR used the FMV (fair market value) in the tax dec to compute the estate taxes
  • however, the BIR required as to submit a "certificate of no improvement" for each of the lots before they give us the ecars. the problem is that the assessor's office won't give us the certificates for no improvement unless the property taxes are fully paid. they also won't allow us to pay only lola laling's share
    • the total property tax that needs to be paid is around P959,023. it's probably gone up a little because this amount was computed on march (3 months ago).
    • it is important we pay the property tax because interest and penalties are fast accruing and nowadays, the government is more aggressive in putting levies on delinquent properties.


status table
property zonal value TOD/(current) area title# taxdec# property tax status
tisa lot 18494-A P19m/(P24m) 2,432sqm 130827 GRC6-10-072-00387 P1,234 (i paid P6,519 2019-2024 down from P16k due to mayor raymond's amnesty no squatters.
pension house P8.2m/(P12.4m) land only 414sqm 146146 GRC6-08-062-07408 land, GRC6-08-062-24322-CU bldg ?? to be partitioned
pension house backyard P8.7m/(P13m) 438sqm 146147 GRC6-08-062-07410 ?? to be partitioned
mama's talisay P4.2m/(P5.6m) 333sqm + 230sqm 42167, 42168 07000100236, 07000100237 2024: P876 clean title, for sale for P7m
bohol P500k/(P15m) or P1m/(P30m) if cloa cancelled 50ha or 100ha if cloa cancelled 14133 multiple ?? for sale
1/3 of tisa lot 18495 P6.7m/(P8.4m) 2,506/3=835sqm no title 94GR-10-072-00366 ?? for sale, has a few squatters near 1 boundary
1/3 of tisa 5,000sqm P13.3m(P16.6m) 5,000/3=1,666sqm no title 34126 ?? for sale, no lot# (i will investigate)
javier leyte tax dec only lots multiple multiple no titles multiple multiple as of now there are 5 lots. ian still finalizing the list
  • estimated total zonal value: P60.6m TOD (P95m current). estate tax is 6% of zonal value (or market value if higher but zonal is always higher). therefore the estimated estate tax we need to pay is P3.6m + (6%of javier leyte zonal values)
  • (done) i messaged atty godinez asking if we can do an extrajudicial just on the tisa property. we can do an MOA with the buyer where they do 50% down and the rest of the payment happens after the estate taxes are paid.
  • (done) i will get complete list of requirements (e.g. birth certificate of all heirs, TIN, etc ...) and add them to the checklist below.
  • lola qualifies for the estate tax amnesty which expires june 14, 2025.
  • i will shoulder all expenses and will be refunded upon the sale of a common property
  • i am securing the requirements for estate taxes (e.g. list of holdings, ctc (certified true copy) of tax dec(s) of each property, ctc of title, no improvement certification if no building).
  • the following should also serve as a checklist in the requirements folder. the ORDER of the documents should be the same as the order of the checklist below. i will also maintain 3 xeros copies of the original folder (1 for him, 1 for the lawyer, and 1 for tikay the administrator)
    • lola's death certificate (done)
    • yogi's death certificate (done)
    • (todo) certified provincial list of no holdings
    • lola's certified list of holdings cebu city (done)
    • yogi's certified list of holdings cebu city (done)
    • title ctc tisa 130827 2,432sqm (done)
      • land tax dec ctc tisa GRC6-10-072-00387 2,432sqm (done)
      • (done) certificate of no improvement tisa
    • title ctc andres 1461444 216sqm lot (done)
      • land tax dec ctc andres GRC6-08-062-11932 216sqm (done)
    • title ctc andres 146146 414sqm (done) pension house
      • land tax dec ctc andres GRC6-08-062-07408 414sqm (done)
      • building tax dec ctc andres GRC6-08-062-24322-CU 340.62sqm (done)
    • title ctc andres 146147 438sqm (done)
      • land tax dec ctc andres GRC6-08-062-07410 438sqm (done)
    • building tax dec ctc andres GRC6-08-062-11876 84sqm (done)
    • building tax dec ctc andres GRC6-08-062-07411 42sqm (done)
    • certified list of holdings talisay (done)
    • title ctc talisay 42167 (done)
      • land tax dec ctc talisay 07000100236 333sqm (done)
      • certificate of no improvement talisay 333sqm (done)
    • title ctc talisay 42168 230sqm (done)
      • land tax dec ctc talisay 07000100237 230sqm (done)
      • certificate of no improvement talisay 230 sqm (done)
    • (done) certified list of holdings bohol
    • (done) title ctc bohol
      • (done) land tax dec ctc bohol (multiple)
      • (todo) certificate of no improvement bohol (multiple)

PROPERTIES in the ESTATE[edit]

tisa lot 18494-A[edit]

  • this has no right of way. i'm planning to sell to deca homes who is our kasigbit. if they don't buy it, we will petition for right of way
  • ------------------------
  • the following is obsolete but i'm not deleting it because we might need it for reference in case we need to transfer a tax dec in the future.
  • update 11/20/24: turns out the tax dec of lola's titled lot in tisa is already under lola's name. i wonder why it's not in the list of holdings. so there is no need to transfer the tax dec.
  • 11/1/24: lola's share is already titled under her name but the tax dec is still under lolo abelardo's name.
    • i consulted with the BIR who said we need to transfer the tax dec to lola's name first before we can pay the estate taxes
    • i'm collecting the requirements to transfer the property to lola laling's name. i already got the list of requirements from the assessors office:
      • photocopy of IDs of owners with 3 specimen signatures
      • sworn statement of fair market value
      • most likely the following are with the ROD when the title was transferred to lola's name:
        • affidavit of publication
        • CAR
        • transfer tax receipt
        • extrajudicial
      • ctc of title
      • realty tax clearance
      • ctc tax dec

adverse claim on the property[edit]

pension house[edit]

  • clean title. to be subdivided among heirs.

mama's talisay[edit]

  • mama's talisay lot is still under lola's name. therefore, it needs to be part of the estate. the extrajudicial will indicate this property will be assigned to mama.

bohol[edit]

  • estimate area is 200ha, located in alicia
  • estimate CARPED area is 100ha
  • tikay says there is a good chance the CLOA will be cancelled
  • tikay says there is a buyer willing to buy the entire 200ha, including the carped areas. this is why it's important to pay the estate taxes as soon as possible because we had an experience with the crystal estate where a buyer was ready to give the down payment but he required the estate taxes to be paid first. since estate tax filing can take long, the buyer already bought a different property and backed out of the deal by the time we paid the estate taxes.
  • the title is under the name of tita lourdes and lola

javier leyte tax dec only lots[edit]

  • 12/1/24: i suspect these lots are the tax dec versions of the CARPED lots because totals are the same. it's too coincidental. i will consult with tita christine regarding this
  • 11/29/24: i'm waiting for joseph tano to send me the certified tax decs and certified list of holdings. i already gcashed him P2,500 for expenses. will give him additional funds for sending the hardcopy to me via lbc. he will takes photos and send to me via messenger before mailing.
  • the following is in lola's will and declared in yogi's list of holdings which joseph tano messaged me via messenger.
    • td# 08-19-0027-00142, lot 505-b, 7.2ha
    • td# 08-19-0027-00141, lot 505-c, 46,796sqm
    • td# 08-10-0015-00054, lot 510-a, 65,137sqm
    • td# 081-90001-00288, lot 521-a, 58,935sqm
    • td# 08-19-0001-00643, lot 521-g, 3,491sqm
    • ----- total: 24 ha
  • the following is in lola's will, has no lot #, and not in yogi's list of holdings.
    • td# 08-19025-00086, lot __, 79,607sqm (not in the list of holdings. i will investigate this.
    • ------- grand total: 33ha

pages realty properties in tisa[edit]

  • 12/2/24 update:
    • after an exhaustive investigation of the properties under lolo abelardo's holdings and the 5 tax decs that demi showed to me, turns out there are only 2 properties where lola laling still has a 1/3 hare:
      • 1) 2,056sqm lot 18495 in tisa labangon with tax dec# 94GR-10-72-00366 (untitled). this is under tito peping, tita lourdes and lola (not pages realty). we will need to do an extrajudicial with all the heirs of tito peping and tita lourdes for this property to be sold. this is low priority. we can do this after the estate taxes are paid.
      • 2) 5,000sqm lot in tisa, no lot#, tax dec# 34126. ian will investigate to get the lot# and locate the property. this is under pages realty. we will need to revive pages reality for this lot to be sold. this is low priority. we can do this after lola's estate taxes are paid.
      • there is also a 298 sqm lot in andres with tax dec# 337285-34 where the tax dec is still under lola laling's name. the extrajudicial for tito peping's estate also assigned this lot to lola laling. however, this did not appear in lola's list of holdings and title (title# 66984) is already under the name of tolentino tan. ian will try to get the year the transfer was made
    • lola also has mining rights to a lot in atlas mining (now carmen copper). according to demi, the reason we are not receiving royalties anymore is because the lot is not being mined anymore. however, according to annie (their administrator), the log is now being used to dump the rocks and soil waste from their mining operations. i will try to find out if we can get the rights to collect these waste. if this is possible, then we can invest on a rock crusher to crush the rocks and sell it as sand and gravel. this is easily a P1 million a month income for the heirs.
    • details of ian's investigations are in PagesEstate wiki page.
  • 8/7/2024: there is a tax dec for tisa still under lolo abelardo's name. i checked it's status in city hall but it indicates it's now under the name of arcenas.
    • i got a list of holdings under abelardo pages and got 8 properties in the list. i got the certified tax decs and will investigate if we need to file estate taxes for lolo abelardo. i will get the technical description from bureau of lands in sudlon and give it to demi so he can use google service to get the coordinates. then we will investigate the status of each property.
    • however, there are properties in tisa under pages realty. i tried to get a list of holdings but it requires secretary's certificate. tito mari said he will give it to me through annie.
      • after we get the complete list of pages realty properties, i will get the certified tax decs, get the technical description from sudlon and give them to demi so he can use google service to get the coordinates for the mojons and we can hire a tanod in the area to fence it with barb wire. then we will take drone shot photos, and create wiki pages for the properties and blast it to the potential buyers/landbankers.

my analysis on the 200+ha alicia issues[edit]

current situation[edit]

  • after studying the documents and talking to atty. nadela (lawyer of tita tess), the following is my analysis and suggestions.
  • the property is around 217ha, and 117ha has been CARPED. according to atty nadela, the CARP claim of the farmer beneficiaries has NOT been cancelled. what she filed for was exemption, which allows us to own more than 5ha. note that there is a law that does not allow anyone to own more than 5ha of farm land.
  • atty nadela also told me that CARP was never finalized in a sense that the beneficiaries never paid their obligations and we never accepted the payment from the government so the beneficiaries never got their individual titles. however, their claims are annotated in the titles.
    • this means if a buyer goes through with the purchase, there can only be 1 deed of sale with tita lourdes' heirs and lola laling's heirs as the sellers. then during the signing and payout, the CARP beneficiaries will need to be present so they can receive their share and sign some sort of quit claim.
    • note that the estate tax of lola laling for this alicia property has already been paid. it was P450k. this means the estate tax for tita lourdes for this property should be approximately the same.
    • however, real property tax that still needs to be paid is around P1 million.

scenario 1: we sell the entire property[edit]

  • the good news is that atty nadela also told me that the CARP beneficiaries also wants to sell and are willing to receive only the zonal value, which is P25/sqm.
    • another good news according to atty nadela is that most of the beneficiaries already abandoned their lots and there are only 15 farmers left, each having 3ha. this means the best case scenario is that we only need to deduct (15 farmers) x (P25/sqm) x (3ha x 10,000)sqm = P11,250,000 from the total sale proceeds.
    • the worst case scenario is if the buyer insists they pay out all beneficiaries annotated in the title, which means (117ha X 10000)sqm * P25 = P29,250,000 will be deducted from the total proceeds.
    • but if there is a buyer for let's say P200/sqm, the total proceeds going to lola laling's heirs and tita lourdes' heirs will be (217ha x 10000)sqm * P200 = P434 million - P29,250,000 = P404 million.
    • in my opinion, CARP is really not an issue because if i own the entire 217ha and none of it was ever carped, i will be very happy to sell it at P100/sqm and receive only P217 million. then i will spread 25% of it among future technologies such as robotics, AI, nuclear energy, cybersecurity, etc ... and put 75% in safe investment vehicles such as TIPS (Treasury Inflation Protected Securities). in 10 years, my P217 million will easily be P1 billion.

scenario 2: judicial partitioning[edit]

  • before CARP, the sharing between lola laling and tita lourdes is close to 50-50. i think the main issue is that the 1976 project partition, which was the basis for the 2007 extrajudicial, will leave 25ha to lola laling and 75ha to tita lourdes due to CARP.
  • however, the 2007 extrajudicial is not yet executed, which means if we have a buyer, the sharing of the proceeds will have to reflect what is currently in the title (close to 50-50).
  • i think the remedy is for lola laling's heirs to file for judicial partitioning, and request the sharing be what it was before CARP (almost 50-50). i consulted with my lawyer atty. earla arnibal and she said there's a big chance the judge will grant our request. she says she knows of similar cases and the verdict always favored the party requesting that the sharing percentage be reverted back to what it was before CARP. the following is the common sense explanation for this opinion:
    • the INTENT or SPIRIT of the 1976 project partition was clearly to divide the property equally among tita lourdes and lola. the small difference was just due to the lot allocation and terrain.
    • in the legal world, the SPIRIT or INTENT of the law or document always takes precedence over the literal interpretation. example, when i was special administrator for the crystal estate, the law clearly states that i can only sell clothes and jewelries of the deceased before the estate taxes are paid. but the estate tax amnesty deadline was fast approaching and there was no time to secure the funds. if we missed the amnesty deadline, we would have ended up paying P53 million instead of only P4.5 million. the spirit or purpose of the law that prohibits me to sell a property was to PROTECT the estate. but if the judged followed the literal meaning of the law, the estate would have been damaged beyond repair. so the judge followed the spirit of the law, which was to protect the estate, and despite the objections of the claimants (e.g. salvador ang, owner of uratex foam), the judge authorized me to sell 2 big properties so that i have money to pay the estate taxes.
    • most likely the judge will follow the SPIRIT of the 1976 project partition, not the literal meaning, and order a partition such that both parties get 50% of the un-carped areas.

scenario 3: a buyer wants to buy only a portion of the property[edit]

  • there's a solar company who wants to buy 60ha for P170/sqm net (buyer pays for taxes and expenses)
  • the solar company has done an ocular inspection and pointed out to our caretaker marcelo which area they want to buy
  • according to the caretaker marcelo, the entire 60ha is part of lola laling's partition as indicated in the 2007 extrajudicial
  • my suggestion is for lola laling's heirs to consider this offer but make a counter proposal where the 60ha should only fall under the 75ha that was CARPED.
    • before this plan proceeds, the CARP beneficiaries will first need to agree that they will only be paid P25/sqm while (P170-P25 = P145)/sqm will be paid to lola laling's heirs. this means (P25 x 60ha x 10000) = P15 million will go to the farmers while (P145 x 60ha x 10000) = P87 million will go to lola laling's 4 heirs.
    • this means after the sale, lola laling's heirs will still own around 40ha, except this time, it's mostly clean or NOT CARPED.
      • i have consulted with many real estate brokers and they said a smaller property is easier to sell and can fetch a bigger price per square meter. *** in my opinion, the offer of the solar company is a very good deal for lola laling's heirs.
      • i even suggest the remaining 40ha be partitioned into the grandkids of lola laling because farmers will be the kings of the future. the population is only growing bigger while farm lands needed to feed the world's population are only getting smaller. i have a strong feeling that the solar company only wanting to buy 60ha is a BLESSING IN DISGUISE.
      • if the solar company is successful and the area continues to develop, the solar company might want to expand and buy our remaining 40ha, considering adding a substation is not that expensive nowadays.
  • the problem is the property will have to be partitioned first between lola laling's heirs and tita lourdes' heirs. then partitioned again to carve out the 60ha. this can be an expensive and long process, considering survey cost alone is P10k/ha = P600k.
    • lola laling's heirs will need to propose that the solar company shoulder the expenses. this means there will need to be some sort of earnest money and MOA to assure the solar company the sale will go through and the money they spent on the partitioning won't be wasted

PROPERTIES NOT PART of the ESTATE[edit]

mama's andres lot[edit]

  • still under lola's name but the estate taxes have already been paid.
  • i'm currently processing the requirements to get the eCARS which we will submit to registry of deeds so the property will be transferred to mama's name and we can easily sell it
  • zonal value: P4.3m at time of donation, P6.4m current
  • 216sqm
  • title #: 1461444
  • tax dec #: GRC6-08-062-11932
  • property tax paid 2024: P688

1/2 of unitop[edit]

  • each of the 4 heirs already own 1/4 of 1/2 of the land and building so this is not part of the estate.
  • 1/14/22: the owner of unitop is offering to buy the 1/2 owned by the 4 heirs for P200m gross or P160m net. each sibling is expected to receive P40m.
  • according to tikay, the offer of augusto go (owner of University of Cebu which has buildlings in the same block) was P100m. in my opinion, this means the P200m offer of unitop is very good, considering AI might crash the philippine economy soon. might as well take the P200m so each heir can invest 25% of their P40 million in AI (nvda, crm) and nuclear energy stocks (ceg, gev), 25% in S&P500, and the other 50% in US treasuries. your P40 million can easily double in 5 years.

dissolution of the corporation[edit]

javier leyte titled lots (carped)[edit]

  • mama and tikay said all of yogi's properties are already under the names of relatives.
    • (done) i will still get a list of holdings in javier and tagbilaran just to ensure completeness.
    • update 11/30/24: joseph tano showed me a list of holdings showing yogi as the declarant of 5 lots totaling 24ha.
  • (done) i will inquire in DAR if it's possible for the heirs of the original owner (yogi) to purchase the 8ha from faigals. if it's possible, then i will go to javier to talk to faigals if they are willing to transfer/sell the properties to us.
    • update 11/30/24: DAR legal said faigals can sell the 8ha but only with the approval from DAR, only to a resident in javier and each buyer cannot go over 5ha.
  • here's what i have on file:
    • 10ha title #: OC-21790 under rex, gikom, liklik and tito eugene
    • 8ha title #: OC-21571 under braulia faigal, dolores faigal, iladio javier
    • 15ha title #: OC-21638 under tita christine, mama, tita ronda, tito tony, me, chibong, mia.
    • ------------- total: 33ha

potential buyers/land bankers[edit]

  • leslie ngo (office is world wide building in gorordo)
  • jefferson lao (office is z plaza building in ramos)
  • sandra lim (tito eugene's friend. 0917-806-2001

extrajudicial[edit]

  • (done) create an extrajudicial with equal sharing of all properties except mama's talisay lot will be assigned to her
  • the extrajudicial will be "extrajudicial WITH SALE" where the buyers of tisa and mama's talisay are in the extrajudicial. this means the extrajudicial would serve as the deed of sale (this is actually common). we can just do an MOA with the buyers where they give 50% downpayment and the rest will paid after the estate taxes are paid (this is also common).
  • (done) all 4 heirs sign the extrajudicial
  • fortunately, i have lots of experience and knowledge with estate taxes because i was the administrator of my lolo munding's and lola'dida's estate. the estate taxes have been paid and all the problems of the estate have been resolved. i think it might help everyone if i share important information so that everyone can make better decisions.
  • if all heirs simply agree to equal sharing of all properties, the estate will be settled very quickly and the estate taxes can be paid before the estate tax amnesty deadline which is on june 14, 2025. otherwise, if we miss the amnesty tax deadline the estate tax will be around P7 million instead of P3.6 million due to the 25% surcharge on the first year.
  • if all heirs sign the extrajudicial, then the properties can quickly be subdivided and transferred to the heirs. you don't have to worry anymore and you won't be passing the problems to the next generation.
  • many estate lawyers i talked to informed me it is VERY COMMON for some family members to not sign the extrajudicial for no valid reason. i need to inform everyone on the ramifications so that everyone in the family can make an informed decision.
  • if not all heirs sign the extrajudicial, then the only other choice is administratorship which is very expensive. my bond when i was administrator of the crystal estate was P20 million. this does not include legal fees, publication fees, and court filing fees. the crystal estate had to go through adminstratorship because my tito virgilio did not sign the extrajudicial.
Ian-bond.jpg
  • if not all heirs sign the extrajudicial, tikay will be the administrator because lola has a will which assigns her as administrator. the tasks of the administrator are very stressful. it involves numerous hearings that can span multiple years (including the 1 year claimant window and publishing in the newspaper every 2 weeks). it involves so many requirements and periodic reporting of inventory to the court. if the administrator fails to comply with the requirements, the administrator will be replaced.
  • by law, the administrator will have total control and power over all properties. an heir can only object to an action of the administrator by filing a motion in court. unless the actions of the administrator harms the estate, the actions of the administrator are usually upheld.
  • without the extrajudicial signed by all heirs or administratorship, the estate taxes cannot be paid. if estate taxes are not paid, then the properties can never be transferred to the heirs. when the direct heirs are too old or have passed away, the next generation will be left with a much complex problem due to the number of second generation heirs. since by that time the penalty of estate taxes are just as big as the value of the properties, the properties will be exposed to land grabbing through falsification of documents and perjury by powerful and corrupt individuals who have the right connections in government.
  • the best thing to do to protect the future economic security of your love ones is to simply agree to equal sharing of all properties and simply sign the extrajudicial. there really is no reason not to. if not all heirs agree to sign, we can try to have a mediation with a neutral party who cares for our well being (e.g. tito bunny) before we waste millions on administratorship costs.
  • in the end, after millions in administratorship costs, THE RESULT WILL STILL BE THE SAME as the extrajudicial, which is equal sharing of all properties, except each heir will now get much less because the judge will give the administrator the authority to sell a property to cover the administratorship cost.
  • imagine during the hearing for appointment of administrator, the judge will ask why we had to spend millions in administratorship costs when we could easily have just done an extrajudicial. the answer will have to be because not everyone signed the extrajudicial. the judge will then summon the heirs who refused to sign the extrajudicial and ask them what is their reason for not signing. if the heir cannot give a valid reason or will not appear in court, the judge could grant the request of the other heirs to have all the administratorship expenses deducted from the share of the heirs who did not sign. the judge will get angry because the refusal to sign the extrajudicial for no valid reason is not only harmful to the other heirs but also to society considering the courts in the philippines are overwhelmed with many IMPORTANT cases so it is a big waste of precious government resources to have to go through numerous hearings for no valid reason.
  • i suggest each heir consult with their own personal lawyer and have everything i write here inspected and confirmed. but be aware that although most lawyers do what is best for their client, there are a few bad apples that would intentionally instigate or exacerbate conflict between family members because more problems and conflicts means more income for lawyers. yogi once told me a story where the son took over his dad's law firm and boasted to his dad that he quickly resolved the cases and family squabbles of their clients. his dad got mad and told his son that the problems and endless family conflicts of their clients paid for their house, car and school tuition fees.

expenses[edit]

  • i will shoulder all expenses. the heirs can just sign a loan agreement so i can be refunded after the sale of a property.
  • receipts are available upon request
  • list of expenses
    • 9/25 2 copies cert list of holdings talisay - 80
    • 10/2 2 copies each cert tax decs andres properties - 480
    • 10/2 2 copies certificate of no holding talisay - 80
    • 10/4 2 copies cert tax decs talisay lot - 160
    • 10/4 2 copies cert tax decs talisay lot - 160
    • 10/4 2 copies revised cert list of holdings talisay - 80
    • 10/4 2 copies no improvement certification 2 talisay lots - 320
    • 10/15 xerox - 210
    • 10/18 2 copies ctc talisay titles - 1095
    • 10/18 2 copies ctc pension, tisa, andres lots - 2263
    • 10/19 expedite ctcs - 2000
    • 11/1 supporting docs for tisa tax dec transfer - 1500
    • 11/15/24 xerox 3 copies each of all estate tax reqs - 900
    • 11/20/24 death certs - 150
    • 11/28/24 gcash to joseph tano for cert tax decs/list of holdings - 2500
    • 11/29/24 2 cert no improvement - 80
    • 11/29/24 tisa property tax 2019 to 2024 - 6519
    • birth certs - 465
    • provincial cert no holdings - 200
    • lapu lapu cert no holdings - 100
    • mandaue cert no holdings - 402
    • bohol boat round trip - 2850
    • bohol bus - 400
    • bohol ctc title 2 copies - 546
    • hotel 2 nights - 3150
    • atty ariolla extrajudicial consultation - 6000
    • notarize extrajudicial - 2000
    • 5/2/25 pension land and building rpt - 5408
    • 5/2/25 pension land and building tax clearance - 280
    • 5/5 tisa adverse claim supporting documents - 2000
    • 5/5 tracers for all cebu city lots - 700
    • 5/7 gas - 1000
    • 5/7 tracers for talisay properties - 410
    • 5/8 cancellation of double tin - 1000
    • 5/20 engr abella 6 vicinity maps and sketch maps for bir - 15000
    • xerox 66 itrs 2 copies each - 750
    • elounge assist to fill in the 66 itr penalties (100 each) - 6600
    • notarize affidavit of loss pension invoice booklet - 300
    • xerox 605 pay slips - 120
    • pension house ITRs - 43000
    • wire fee from bank of america $45 x 55 - 2475
    • 10% early withdrawal penalty IRA to fund estate tax $68k x .10 x 55 - 374000
    • elounge assist to fill in slsp forms - 500
    • slsp to landbank - 50000
    • flor - 1000
    • taxi and meals for assistants (total for entire month) - 1400
    • elounge assist to fill in tito eugene's donors tax and doc stamp forms - 500
    • elounge assist to fill in 8 cert fee forms - 500
    • xerox 3 copies of all estate tax requirements - 783
    • elounge assist to fill in tita tess and christine's donors tax and doc stamp forms - 500
    • 8 cert fees 100 each - 800
    • 7 unpaid ITRs - 6000
    • ---------- new
    • 8 doc stamps - 240
    • spa notarize, 1905 form add jr to tito yogin's name in rdo 81 - 1000
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