MundingDida

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  • to learn how to use wiki click: here
  • the purpose of this wiki is transparency which avoids misunderstandings and conflicts which has plagued the family in the past
  • color code:
    • super critical (we could lose everything if not done. as of 6/11/24, there are no more super critical tasks because the estate taxes have been fully paid)
    • critical (gating item or prerequisite of a super critical task)
    • important
    • assigned task
    • unassigned task - anyone can volunteer

Estate Roadmap[edit]

  • you can easily be rich beyond your wildest dream. each line of heir can retire, live like and king, and still increase their P50 million inheritance to P100 million after 10 years. we just need to follow this roadmap. the roadmap is very easy to follow and there really are no obstacles. we just need to work together as a team.
  • Click here to read ian's suggested estate roadmap

Summary of Issues and Tasks[edit]

  • the following is the list of issues and tasks. most of the information have already been posted in our chat group in the past, but there are lots of new information that have huge impact on the financial situation of the heirs. you can become an instant expert on our P300 million estate by simply clicking on the details for each item to read the latest updates. click the browser's "back" navigation button to come back here to this list after reading the details for a particular item on the list.
    • (ian) periodic accounting report to heirs (details)
    • (done) removal of mactan lot from estate by executing the deed of sale to heirs (details)
    • (DONE) pay estate taxes even without court order (details)
    • (done) submit toledo tax decs during time of death to BIR to lower estate tax (details)
    • (done) lower estate tax further by only including 32ha of 4126 instead of 60ha. (details)
    • resolve jane's motion details)
    • distribution of mambaling sale to heirs (details)
    • lot 4126 (32ha) court battle (details)
    • ang's P25 million demand and prescription battle (details)
    • reconveyance of 4143 (10ha) (details)
    • assignment of main house, pagina, jane's compound house, and aloguinsan (details)
    • (ian)when subdivision plan for 4130-prt comes out, claim compensation for NGCP tower (details)
    • ejection of occupants in 3816,3817,3820 (details)
    • ejection of occupants in lot 4143 (details)
    • removal of claimants for all toledo lots (details)
    • (ian)right of way for lot 4126 (details)
    • right of way for lot 4143 (details)
    • right of way for mactan lot (details)
    • survey and titling of 4126/4127(???partition???) and 3820 (details)
    • (ian)after 4126/4127 is titled, request compensation for NGCP towers (details)
    • (ian)survey and fencing of 2.2ha forest timberland lot in toledo (details)

Important Highlights[edit]

  • 6/11/24: super good news: on april 19, the estate taxes have been fully paid on all properties under the estate.
  • 2/8/24: super good news: we can pay estate taxes and beat the deadline even if jane's motion is not yet resolved. the only difference is the e-car won't be released until jane's motion is resolved, which means those who need funds will have to wait until jane's motion is resolved or withdrawn. but at least the estate is now safe.
  • 2/22/23: good news !!! mambaling has been sold. click here for the full accounting and estate status
  • 9/12/21: good news !!! the mysterious 2.2ha lot in toledo has been resolved click here for the complete story
  • 5/12/21 super good news - there is a 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 a subdivision and sell piece by piece (1,000 sqm each lot). click here for details
  • 4/17/21 super good news - ian got the tax decs for 4126(32ha), 4127(6ha) and 4143(10ha) easily worth P72 million. this means we can pay the estate taxes on these properties before the amnesty deadline, practically saving these properties. ian will submit a court petition for estate tax computation and payment. (the reason why the heirs were not able to get these tax decs is because the 2006 court order already expired. but ian read a decision that says there is a supreme court resolution declaring we are the owners of the properties. ian was able to convince the assessor that it's just common sense that although a court order can expire, declaration of ownership does not expire. the lesson learned here is that we should all read. the complaint of our lawyers was that the heirs don't read the important documents).
  • 4/8/21: super good news !!! the estate is now under administratorship. ian has taken his oath as special administrator. regular administrators are georgia and doris. this is good news because before buyers always back out when ian warns them some heirs cannot be contacted because of the pandemic and some heirs in the states vowed never to give an SPA. but now properties can be sold with a court order and signature of the administrator. all decisions are now majority vote which is good news because the majority has always cooperated in the efforts to sell the properties. this is good news for ian because he does not have to kneel before each heir and beg them to pay their share of their debt to him. the buyer will give ian the entire full payment of pelaez and ian will pay the Ang, estate taxes, get the amount the estate owes him then distribute the rest to the heirs.
  • 2/1/21 THIS IS IT !!! the entire estate is now safe. the pelaez buyer has signed to give P4.5m as earnest money which means he has no choice but to pay our estate taxes before the deadline or else the sale can't proceed and he loses his P4.5m. click for ian's analysis of the contract
  • the total estate tax is P6.5M + P1.5 (ian's prediction for toledo 52ha). the amnesty deadline is june 14, 2021. after the amnesty, our estate tax will be a whopping P63M.
  • click here to view our proposed priorites and policies that ian thinks can guide us in better accomplishing our goals
  • each of the 9 heir will get P17M if all common properties get sold at current market value
    • minus toledo, each heir only gets P6M
  • click here to read ian's important messages and updates

Status of Properties[edit]

Status Table[edit]

status table
property est. value area title# taxdec# property tax status
mambaling(sold) P30M (P12.5k/sqm) 2,369sqm 21604 GRC6-09-064-00095 sold sold
pelaez(sold) P20M (P39k/sqm) 510sqm 10123,10124 GRC6-5-35-00358/9 P32k, 2021 pd SOLD !!! titles w/ Ang(details), earning P40k/month
guba P11M (P300/sqm) 37,049sqm oct 263 GRC6-01-006-00863/4 P2,251 titles w/ Ang(details)
toledo P300M (P500/sqm) 59ha various various P11,724 details
compound water tank P360k (P20k/sqm) 18sqm none C011535 62 P25 beside water tank.
compound entrance P1M (P20k/sqm) 48sqm T-59753 GRC6-08-062-11548 P450 owned by DCCI, not an estate prop title w/ Ang(details)
  • here is a more detailed list of all properties to be included in the estate taxes (this is the table of contents of our requirements folder) - click here to view the detailed list of estate tax requirements. the club filipino shares have been transferred and the certificate we have is not valid anymore. if you want to verify their number is 231-1667 their office is 16th floor of FGU building in ayala.
  • done: ian to remove encubmrances of the titles of all properties
  • ian will create simple sales brochures for the properties to save us a lot of time meeting with the buyers and having to give the same information over and over again. we can blitz all real estate development firm and brokerage offices by simply dropping the sales 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.
  • after all issues of a property are resolved, ian will give the sales brochures to all real estate development firms and brokers such us his uncle joe soberano of landmasters
  • total: ~P300M - P7.3M (payable to ang) - P8M (ian's guess on inheritance tax including toledo) - P3M (ian's expenses including pelaez redemption, various lawyer fees, administratorship filing fee) - P2M (administratorship bond and lawyer fee) =~ P186M / 9 heirs =~ P30M/heir
    • without toledo P5M / heir
  • as of 12/13/20 all the property taxes of all properties has been paid and up to date. georgia has all the records and tax clearances
  • the following properties have been sold:
    • lawaan I (talisay): P10M (1,819 sqm, P5.4k/sqm)
    • lawaan II (talisay): P10M (1,819 sqm, P5.4k/sqm)
      • (lawaan I and II did not need an extrajudicial/payment of inheritance tax because it was already assigned to DC Crystal Inc in 1972)
      • (the sale of a corporate property only requires a majority vote)
  • note that the front lawn of main house (300+ sqm) is being claimed by atty sosa.
    • this explains why atty sosa is in possession of the title of the main house.
    • the reason for atty sosa's claim is that it was part of a contingency agreement for recovering the main house from BPI. a written agreement exists.

properties that need to be assigned[edit]

  • the following properties are part of the estate but not part of the common properties of the 9 heirs. note that unlike a petition for sale which only requires majority vote, assignments (no deed of sale) will require the signature of all heirs. this makes sense because a sale will require the distribution of the proceeds to the heirs, while an assignment only benefits the assignee.
    • jane's lot5a building is still under the name of lolo in the list of holdings and has a levy. the assessor confirmed that it's up for auction. ian will find a way to have the tax dec cancelled.
    • main house: 1,323 sqm
      • (owned by mike and georgia) georgia will submit an assignment petition. ian created a deed of assignment which virgillio has not yet signed. jane posted in the chat group she will only sign if virgillio signs.
    • mactan lot: 1,655 sqm. this will be assigned to the heirs by executing an existing deed of sale to the heirs. click here for details
    • pagina san nicolas: 193 sqm
      • ian helped lola ica's heirs file for estate taxes for their house sitting on the frontage lot. the frontage lot and the house does not belong to our estate, only the the 193 sqm meter behind the frontage.
        • the title to the frontage lot is actually owned by 300 people since the early 1900. by now it's owned by thousands of heirs and it will be impossible to legally establish ownership via extrajudicial or administratorship. but lola ica has a building tax dec to their house sitting on the frontage which they have been living in for decades. and ian believes filing for estate taxes on their building tax dec will help lola ica's heirs "vie for position" or establish the first right to live on the frontage lot. although they can never sell the property.
        • the above facts explains why many indigents live on very lucrative spots in colon and around the city. they are not squatters. they actually are heirs to that property but they can never sell the property because it is also owned by hundreds if not thousands of other heirs. however, they were the ones who were able to establish a "position" on the property that's why they can put up a small store or karinderia business.
        • tito boy will get the ecar from BIR after the property taxes are paid (261-0627 luz arnado)
        • estate tax filing completed on 6/16/21 (P5k estate taxes has been paid. notarial was P5k. ian requested the refund from tito jun morales will be donated to the family of tita divina) ian will create an extrajudicial lola ica's heirs. the list of holdings of tiyo sergio only has the building for the house. the land is under the name of arsenio cabras whose heirs are now all dead.
      • georgia will submit a petition to assign to lola ica's heirs. note that just like the main house, this will require the signature of all heirs (unlike the petition of sale which only requires majority vote).
      • this has no frontage. the frontage is the house lola ica is living in.
      • it was lolo's wish to give this property to the children of his late brother tiyo sergio
    • aloguinsan lot: 600 sqm click here for complete details
      • georgia will submit a petition to assign this to virgilio, bertie's heirs and gerry's heirs (200 sqm each)
      • the assignees need to have it surveyed, draw lots and partitioned
      • doris has secured the tax decs, list of holdings and no improvement and will be included in the estate taxes. although it's still 1,800 sqm because it has not been subdivided after we sold the 1,200 sqm to the barangay, ian thinks the extra estate tax will be insignificantly small. and maybe we have to pay it anyway because lola still owned the 1,800 sqm during the time of death.
      • there is a mysteriou 392 sqm tax dec (aloguinsan location) that nobody knows about. ian believes this was already eaten up during the road widening so we should just forget about this.

Details[edit]

  • note atty oscar tan and atty camiso belongs to the sosa firm. atty oscar is the son in law of the late atty francis soza.
  • manoy eddie (julius arciete) is a runner ian hired to help us expedite the inheritance tax processing. he also has friends in the BIR that might give us a favorable compromise on the estate tax

mambaling[edit]

  • 2/22/23: good news !!! mambaling has been sold. click here for the full accounting and estate status
  • the title is with jane. jane will dhl the titles to ian because usually buyers inspect the title as part of their due diligence (jane lost the titles so ian filed for re-issuance at the cost of P64k)
  • 4/20/21: the hearing for right of way not yet scheduled due to prioritizing of criminal cases due to pandemic. but ian realized it should not be a right of way case, but a simple purchase of the 94 sqm of land. the problem is our original deed of sale was lost but we have a certified notary entry of the deed of sale. the buyer in the deed of sale is DCC Realty Corp therefore this is a corporation issue, not an estate issue. ian also suspects the current residents of dela cerna lot have no ownership papers because none of them are willing to meet for the P2m repurchase offer. ian is also convinced the residents are aware of our claim to the 94sqm strip because they never built a permanent structure on it. therefore there will be less chance of an adverse claim after the annotation. ian also suggests we donate it immediately to the baranggay after the annotation to further prevent an adverse claim.
  • 4/15/21: ian met with a broker who says his buyer is interested in buying our property and the 3000 sqm beside ours which already is a frontage lot so the right of way won't be an issue for them. actually ian met with similar buyers in the past but they backed out when ian warned them some heirs can't be contacted because of the pandemic and that those abroad vowed never to give an SPA. hopefully this time the sale will happen now that we are under administratorship which only requires court approval and the signature of the administrator.
  • 2/1/21: the buyer told ian they are willing to buy the right of way for P2m. ian advised the buyer to offer the dela cernas only P1m and scare them that we could easily win the case because there is a certified notary entry of the deed of sale, so they should just accept the P1m or else they end up with zero. also tell the dela cernas they reason why they are offering P1m even if the crystals will surely win is because there are already other buyers interested and buying the right of way will guarantee they get the property. ian suggested this is the safest way because winning the case is not yet guaranteed. if the heirs are worried the buyer could bully us into lowering the price after they buy the right of way, don't worry. ian can show them our bed spacing business plan similar to the mactan lot where mambaling is actually worth P90m to us in terms of PE ratio or future earnings from bedspacing which does not require a wide right of way because bed spacers don't own cars. this will force the buyer to stick to our agreed P34m gross or P30m net agreement or else they waste their P2m.
  • 1/20/21: atty abellana said the hearing for right of way mambaling will be published this week. after 3 weeks, the hearing will take place. atty abellana guaranteed we will win and a there will be a court order to have the title annotated. there are 3 buyers wanting to buy mambaling for P30m as soon as the right of way is annotated.
  • 1/19/21: the broker for mambaling buyer told ian to request atty abellana to include in our petition that the right of way will be 6 meters wide instead of only 4 meters because the developer can only get a building permit if the right of way is at least 6 meters wide. ian told him we will try but doubt it's possible because we can only be granted the right of way that was in the deed of sale. ian told the broker not to worry becuase it shouldn't be a show stopper for the developer because there is no structure around the right of way and once the 4 meters right of way is annotated on the title, it will be in the best interest of the dela cernas to sell an additional 2 meters wide right of way because if our property is developed, it will cause the value of their property to increase, and it will also give them business opportunities such as karinderias because the residents have to pass by heir property. the broker agreed with ian's opinion.
  • 1/18/21 status: atty gines says the right of way hearing will be publised this week. if the hearing is published, after 3 weeks, the title will be annotated because he guaranteed we will win. a buyer is offering us P30m net and is just waiting for the title to be annotated to give the 50% down payment. full payment is monthly for 1 year.
  • 12/23/20: as requested by the buyer ML Durano, christian will get the following in manila (address: National archive of the Phil. 1st & 6th Floor, PPL Building, 1000, U.N. Avenue, corner, 1000 San Marcelino St, Manila, 1007 Metro Manila) (christian was busy so atty balili's office completed this task for P25k):
    • tct 7916 ,CATALINA GUEVARRA sa entry no.1844-v-6.D.V.B SALE WITH ASSUMPTION OF MORTGAGE,ENTRY NO.1845-V.D.B.SECOND SALE WITH ASSUMPION OF MORGAGE.
    • entry no.1846 V- 6-D.B.CANCELLATION OF MORGAGE UG ENTRY NO.1848- V-6-D.B. ORDER
  • click here to read the status of mambaling as of 12/18/20. it also contains ian's contingency plan if we fail to obtain the right of ways
  • there is a deed of assignment to DC crystal realty corp. in 1992. note lawaan was sold via DCCI which was dissolved. however, DC crystal realty corp was reconstituted in 2012. this might sound like good news because we can sell mambaling with just a majority vote. unfortunately, unlike lawaan, mambaling has not yet been transferred to the corporation. it has to be transferred first before we can sell with majority vote. to do the transfer, we will need to pay capital gains tax plus 30 years penalties which could amount to P3m. the smart thing to do is just sell mambaling via the extrajudicial so we only need to pay estate taxes of which there is an amnesty. if not all heirs will sign the sale of any property, a majority of heirs have agreed to file for administratorship so properties can be sold requiring only majority vote and approval by the court. the advantage of administratorship it's safe and bonded and funds can only be released by the approval of the court. the administrator also has to submit an inventory and accounting.
  • this is the only property that has a clean title so we are aggressively trying to sell it so we can beat the amnesty deadline
  • ------------------------------------------------------------------- the following are out of date and are retained for historical purpose --------------------------------------------------------------------------------------------------
  • 2/13/20: doris also has another buyer. virgilio, jane, georgia, doris and ian met with 2 representatives of the buyer (paul brionnes, jose delgado). the reps inspected the title and concluded the title was clean. the reps advised that we remove the levy stamp on the tax dec to avoid worrying the buyer. jane georgia and jane went to city hall get the levy lifted where we were graciously assisted by the valuable connections that ian established during the redemption of pelaez.
    • virgilio and jane suspected the lady sitting on the next table (the wife of one of the reps) was recording our conversations and advised ian not to meet with them anymore. ian vehemently argued that it's a very dangerous judgement because if we are wrong about our suspicion and they happened to be our only chance to get mambaling sold, then we might not beat the amnesty deadline if nobody else buys any of our properties only because of our paranoia. if virgilio happens to be right that they were scammers, we really have nothing to lose because there is nothing they can do to scam us according to atty mark.
    • ian and georgia met with paul again who requested the right of way be annotated on the title. georgia said it would be impossible because the heirs of de la cerna haven't paid the estate taxes. but ian said he will still give it a try because we have nothing to lose if we try and fail.
  • click here to view the important task from virgilio for tiyo dodong's buyer
  • jane will not allow ian to meet with any buyer without the presence of virgilio and georgia. ian argued this will be a huge hindrance to his efforts because georgia is always in camotes and virgilio never replies to his text messages and answers his calls.
  • atty tan and rey claimed the papers are ready to sell mambaling via the corporation. but ian noticed that unlike the lawaan titles, the mambaling title was assigned to DC crystal realty corp and not DCCI. ian found a partially filled (incomplete) DC Crystal Realty corp application dated 2013 with angie as the requester. ian immediately asked angie if the application was ever completed and submitted but angie replied she doesn't remember. ian lost hope and assumed it was never completed. that day ian was scheduled to fly to the US and did not have time to go to SEC to verify. when ian arrived 6 weeks later (1/17/20) he immediately tried to get a GIS for DC Crystal Realty Corp and it turns out the corp was reconstituted in 2013 with all the 9 heirs as shareholders. BINGO !!!
    • the next issue was that ian saw a document stating the capital gains tax was never paid and that means mambaling has not yet been transferred to the corp. ian got a certified true copy of the title from georgia and asked atty oscar to review the encumbrances. atty oscar concluded the capital gains hasn't been paid and for us to sell via the corp, we need to first pay the capital gains/transfer tax. ian asked what's the rough estimate but atty oscar can't give one he only said it's going to be very big because of the penalties (since 1992). ian asked if P10M is a possibility and atty oscar said it's possible. atty oscar said it would be much cheaper if we sell via the extrajudicial because we only have to pay the inheritance tax which now has an amnesty. he said capital gains has no amnesty. ian went to city hall in hopes of getting an estimate but they also can't give one. ian then googled it and found out the capital gains is only around P585k including penalties (6% + 25% surcharge + 20% penalty for 28 years). transfer tax is only P17.5k including penalties. ian also found an article stating that capital gains was part of the tax amnesty and we only have to pay 40% of what we owe (https://www.bakermckenzie.com/en/insight/publications/2019/02/tax-amnesty-act-approved-by). if this is true, we only have to pay 585(.4) = P234k. however, ian asked the runner he is hiring to process the inheritance tax (manoy eddie) to also have the capital gains tax computed in case we need to sell mambaling via the corporation because the extrajudicial has unforeseen issues.

pelaez[edit]

  • 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
  • checks:
    • 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 - 156100
    • P26,325k: check 50324 atty balili filing fee amended petition tita georgia co admin - 26325
  • total: P6,620,885
  • P6,700,000 minus P6,620,885
  • remaining balance in account: P79,115 + (P5 million check to be deposited when Ang surrenders title) = P5,079,115
  • when P5 million check is deposited i will cut the following checks:
    • 12/22/21 check 50334 rey crystal - 200000
    • P657,446 = P500k + P357,446 - P200,000 (check 50334): papa - 657446
    • P3,479,650 (plus future expenses after 8/24/21): ian - 3479650
    • P1m: ian (surety bond) - 1000000
  • total: P5,337,096
  • remaining balance in account: 4,879,215 minus P5,337,096 = (negative)-P457,881 + P434.32 bank interest = (negative)-P457,446.68 minus expenses between 8/24/21 and when P5m is deposited:
    • 9/1/21 check 50325 engr. norvic abella for approved subdivision plan and sketch plan of 4130 - 45000
    • 9/4/21 check 50326 engr. norvic abella 2 additional parcels for approved sub plan of r130 - 20000
    • 9/7/21 check 50327 engr. norvic abella sketch map of lot 4136 and 4138 for ROW MOA - 10000
    • 9/22/21 check 50328 john paul funeral expense (will be deducted from joan's share) - 41000
    • 9/24/21 check 50333 andrea tuition for amber and audrey - 105000
    • 10/4/21 check 50332 atty balili toledo row moa and mambaling valles title re-issuance - 120000
    • 1/4/22 check 50335 atty balili, reisuance of missing valles title, petition, hearing for court order, subdivision plan, and breakup of valles lot into 3 separate titles for mambaling right of way - 500000
  • as of 1/7/22 remaining balance is (negative)-P1,342,438 -(P457,446 + P884,992 expenses after 8/24/21)
    • 1/25/22 check 50336 atty balili court filing fee mambaling ROW - 53450
    • 2/21/22 check 50337 atty pernites toledo hearing expenses - 3500
    • 3/3/22 check 50338 atty balili capital gains tax, transfer tax and ROD issuance of 3 titles for valles lot mamabling right of way - 350000
    • 3/3/22 check 50339 atty balili lawyer fee, court hearing and ROD expedite re-issuance of missing titles for inventory deadline compliance - 160000
    • 3/17/22 check 50340 atty pernites court application fee letters of admin - 9858
    • 3/31/22 check 50341 atty pernites court posting fee and representation to sheriff letters of admin - 5000
    • 4/18/22 check 50342 atty balili RD for speed release of 3 partitioned valles titles - 42861
    • 5/24/22 check 50343 atty balili removal of encumbrances mambaling title in manila lawyers fee and travel expenses - 47500
    • 6/16/22 check 50344 justine steve wedding - 10000
    • # check 50345 logged under mike's account, engr norvice for relocation survey of mike's jaclupan
    • 8/25/22 check 50346 atty balili reissuance of valles title mambaling right of way - 19662
    • 8/26/22 check 50347 atty balili ROD payment for expediting release of valles title mambaling right of way - 150000
  • 4/15/21: the authority to sell is expected to be approved next week. the buyer mr. jefferson lao is willing to make a full payment immediately after the apartment is empty of tenants, so we can finally pay Ang and the estate taxes. but the tenant named bebot insists on 3 months because of the pandemic. ian offered a very generous assistance so bebot has no more alibi. click here for details of ian's efforts and offer to bebot. ian will assist bebot so Ang and estate taxes can be paid (done)
  • 2/1/21 THIS IS IT !!! the entire estate is now safe. the pelaez buyer has signed to give P4.5m as earnest money which means he has no choice but to pay our estate taxes before the deadline or else the sale can't proceed and he loses his P4.5m. click for ian's analysis of the contract
  • 1/18/21 status: there are 2 interested buyers, each offering P25m net. both are waiting for the titles from Ang.
  • this was at the brink of being auctioned because property tax has not been paid since 1982. ian volunteered to redeem it at P1.375M on 11/19/19. click here to view Payables to Ian. in the event mambaling is not sold and the amnesty deadline is fast approaching and we resort to loaning from a bank, jane promised ian that the rent from pelaez will go to him to start paying him.
  • however this property has been mortgaged to Salvador Ang and we need to pay him P3M to:
    • 1) get back the title and
    • 2) remove the lis pendens on the title so we can pay inheritance tax and beat the amnesty deadline
  • pelaez is earning around P40k a month
    • it has total 6 units but only 2 units are habitable and rented out
    • 2 units need repair

    • 1 unit can't be rented out because the electric connection is being illegally tapped and georgia is afraid the perpetrators might do harm to her if she tries to put an end to it. if you can help the family resolve this issue, contribute your time and effort.

    • jane is the administrator. the funds are used to pay the property taxes and occasionally paying out dividends to the heirs
    • jane will update us monthly on the balance and summary of expenses and ian will post it here: click here to view PelaezReport

guba[edit]

  • 9/1/21: a buyer is offering P17.5m but we pay for capital gains and brokers so the net would be around P15m. ian has accepted the offer and is waiting for the buyer to follow up
  • 4/8/21: jefforson lao is offering to buy it at P11m. ian said he will put it on the market for a year and after that take the best offer.
  • appraised at P14m.
  • also mortgaged to Ang
  • located in the outskirts of balamban
  • (resolved) ian to question atty oscar why the first draft of the extrajudicial only included the 11,819 sqm portion and the 25,230 sqm portion was excluded
  • doris claims the city government is interested in buying guba for P100/sqm (P3.7M) but georgia argues that it's too cheap because communities are starting to form near the area. mayor jojo thinks P300/sqm (~P10M) should be a good price to sell it. ian confirms this because he has some scholars who used to live in the now demolished slum areas in the city and their families were relocated around this area.

toledo[edit]

  • it is very important that all heirs know the history of toledo court cases. ian studied all the court documents and created a brief summary. click here for the summary
  • golden list of toledo court documents that proves our ownership of our toledo properties - click here
  • 2/8/24: the requirements for subdivision plan and titling for our very strategic 4130-prt, a narrow 3,000 sqm lot by the national road that connects to our 4129 (3.5ha) and eventually our 4126/4127 (38ha), has already been completed last year. georgia needs to follow up the release of the subdivision plan. after the subdivision plan is released, it needs to be submitted to ROD for titling. for PR purposes, ian will also give a copy of the subdivison plan to our kasigbit atty cathy fortanoza (0917-625-8132), who also happens to be the head of the legal department in carmen copper. her lot is part of 4130 and thus included in the subdivision plan after the break-up, and it will be a very good PR move to give her a copy. we never know when we might need a favor from her. ian will also approach oscar labrador (0917-585-1547), who specializes in claiming compensation for NGCP towers, to see if we can already start claiming compensation even if the title is not yet out but the subdivision plan is already approved.
  • as of 9/12/21, 4130-prt and 4129 have been surveyed.
  • the survey of all 61ha of toledo lots will cost around P700k totaling 176 mojons. it will be a big waste of money if we don't take photos of the mojon locations and include the longitude and latitude coordinates. so every time a lot is surveyed, ian will post the locations and coordinates of all the mojons in this facebook album so it's easy to locate later on using a GPS app - https://www.facebook.com/media/set/?set=a.10165472236100321&type=3
  • 9/12/21: good news !!! the mysterious 2.2ha lot in toledo has been resolved. the total area of our toledo lots has increased 2.2ha from 59ha to 61ha click here for the complete story.
  • 7/7/21: to optimize the value we get from our toledo properties, we will develop our toledo lots into residential subdivisions. money from the sale of the subdivision lots will trickle in slowly within a span of 20-30 years estimating P400 million (~P40m/line of heir). the average selling price is projected to be P2.5k/sqm and since it's a 60-40 joint venture with the developer we will get 40% net or P1k/sqm. the projected total area of the lots will be 40ha out of our 61ha. this will provide economic security for future generations and prevent irresponsible heirs from squandering their entire inheritance in a short period of time. phase I (crystal meadows) will be 4130-prt/4129 (3.5ha) joint venture with arohaland. in an effort to be transparent as much as possible, this is a screenshot of my collaboration chat group with the developers - https://photos.app.goo.gl/ZixcXi8ABPZFDuvq9. phase II (crystal village) will be 4143 (10ha). phase III (crystal heights) will be 3816/3817/3820 (8ha) and phase IV (crystal subdivision) will be 4126/4127 (38ha). note we won't start a new phase until the current phase is SOLD OUT. lolo, lola and each direct heir will have a street named after them (e.g. dida st, munding st, etc ...).
  • 6/20/21: status of ejectment of 74 occupants of our toledo properties: ian 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. cick here to read the contents of the letter. ian instructed atty balili to pause the ejectment process and continue it only on april 1 2022 to give us time to prepare the relocation area and to avoid conflicts while we survey the lots, develop the roads/subdivision and earn income from hauling (4130-prt/4129/4126/4127).
  • click here for a guide on how to quickly prove we own the toledo lots
  • 5/14/21: maldo got the alienable/disposable certification of 4127 from DENR (the most critical requirement for titling)
  • 5/12/21 super good news - there is a 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 a subdivision and sell piece by piece (1,000 sqm each lot). click here for details (the quarry plan is on hold for now due to permit issues)
  • the titles for 3816, 3817 and 4129 is with jane. jane will dhl these titles to ian because it's important for buyers to inspect the titles as part of their due diligence. (jane lost the titles. ian filed for re-issuance at the total cost of P192k)
  • ian will try to secure a right of way for 4143 and 4126. this could increase the total potential of toledo to P456m or P50m per heir. click here for details
  • ian will have 2 3820's, 4130-prt and tax dec 1075 surveyed. click here for details
  • ian will have all lots surveyed because nobody knows exactly where the properties are or their boundaries.
  • ian will hire a drone rental company to take drone pictures of the properties. ian will mark the boundaries on the photos. the photos will be included in the sales brochures.
  • 4/19/21 the assessor told ian that the mysterious tax dec #623 (.4ha on lot 3820) really exists and is ours and not a duplicate of tax dec 620. regarding the mysterious tax dec 01075 (2.2ha), the assessor suspects it got eaten up by atlas mining. the assessor adviced ian to go to bureau of lands and DENR to check if it exists. the assessor just sent ian via LBC the tracer and ian is waiting for it. click here for details
  • ian will have 4126(32ha), 4127(6ha), the 2 3820 .4has, and 4130-E(.4ha) titled. maldo already got the 4126 alienable/disposable certification from CENRO and working to get 4127 certified. ian is still getting the sketchmap from engr norvic to LBC to maldo.
  • georgia will file a petition to reconvey the 4143 titles to us
  • 4/17/21 super good news - ian got the tax decs for 4126(32ha), 4127(6ha) and 4143(10ha) easily worth P72 million. this means we can pay the estate taxes on these properties before the amnesty deadline, practically saving these properties. the reason why the heirs were not able to get these tax decs is because the 2006 court order already expired. but ian read a decision that says there is a supreme court resolution declaring we are the owners of the properties. ian was able to convince the assessor that it's just common sense that although a court order can expire, declaration of ownership does not expire. the lesson learned here is that we should all read. the complaint of our lawyers was that the heirs don't read the important documents.
  • 4/17/21: we need to pay the property tax for 4126 (P52,584) and 4127 (P9,480) which covers the last 10 years (done)
  • 4/17/21: another good news is that 4126 is ian just received the certification from DENR that 4126 is alienable/disposable which means it can be titled. ian is coordinating with maldo to have 4127 also certfiied (completed on 5/14/21)
  • 2/5/21 forget about the CARPed 27ha of toledo and getting payment from landbank. turns out this was part of 1972 marcos land reform therefore the cory's CARP rules don't apply and the pay out is only P1k per 4ha so around P7k. click here for details
  • 1/28/21 status: ian got a clean tax dec for 4129 and there is now a very good chance we can beat the amnesty deadline for toledo. the assessor promised to give us the tax decs so we can pay the estate taxes. click here for more detailsturn
  • 1/27/21 good news. toledo is saved. click here for details
  • 1/18/21 status: 7ha (lots 3816, 3816, 4130-E,3820) are included in the first extrajudicial because tax decs are under lolo's name. 52ha is still being transferred by atty louie santos so we can pay the estate taxes before the amnesty deadline in june 14. there is a 2006 court order to title all our toledo properties in favor of lolo, but court orders expire after 5 years so atty atup has to file a case to have them titled. ian is having toledo DENR CENRO to project the land classification of 4126 so we can know the zonal value and TRANSCO can pay us the 3ha they used for the power lines. however, if the zonal value is less than P150/sqm, we will refuse the TRANSCO payment so we can sell the entire property for a bigger price. but note that if it is classified as forest timberland, we won't get paid because it's considered imminent domain. currently there is a buyer interested in the 38ha of 4126 and 4127 for P150/sqm or P57m. the buyer is planning to turn it into a motorcross trail park. DAR says landbank should be able to give us their assessment of the 27ha of 4126 that was CARPed. however, we are confident we will get back the 27ha because it is 18 degree slope and landbank will not pay for any property above 18 degree slope. if landbank will not assess it as 18 degree slope, ian will hire engr norvic abella to do a topographical survey which will cost around P285k, and we will ask atty atup to file a case to recover it. however if the payout is at least P100/sqm or P27m, we will take it.
  • click here to read ian's analysis on potential payment from landbank (carped 27ha) and transco (3ha transmission line towers) based on different scenarios
  • click here to read the status of toledo as of 12/18/20
  • ian estimates the 52ha toledo estate tax to be P1.5m. click here for ian's computation of this estimate
  • ian has a copy of sketch plan/map
  • atty camiso is the lawyer for toledo properties
  • the following lots don't show up in the certified list of holdings of lolo and lola. atty oscar told ian we will still include these in the extrajudicial (these were not included in the 2014 extrajudicial draft). ian gave the a copy of the finality of the toledo case because atty oscar will need it for the extrajudicial


status table
lot# area title# taxdec# property tax status
4126-prt 32.6867ha none 426,427,429,431,432,433,5807 P4,688 27.8597ha was carped.claim payment from land bank
4143 9.8151ha t-564 none P2,000 mango trees. officially ours but 8 families squatting
4127 6.0188ha none 98-149016-04546 P853
4129 3.5884ha 113-2013000289 96-149028 P5,714.76 tax dec has no title#manoy eddie requesting assessor to add title# on tax dec
  • total: 49.7165ha
  • ian went to land bank to claim the payment for the CARPed portion of 4126. they had no records so ian went to DAR office near sto nino. ian asked the officer (atty guanzon) why until now DAR has not processed the payment we should be receiving from land bank. she said it's because until now nobody in our family has given them the status of case t-215 that they requested via a letter sent on feb 12, 2014 (which ian had with him). ian checked all the toledo documents and did not find any document for case t-215. so ian messaged jane asking for approval to pay a runner P3k to go to toledo and dig up the decision for case t-215. before texting the runner, good thing ian browsed through each page of the very thick toledo court documents hoping in mentions t-215. ian got lucky because in the decision of t-381 there was a sentence saying case t-215 was dismissed. the following day ian gave atty guanzon a copy of t-381 decision and pointed to her the sentence that said t-215 was dismissed. perseverance is the moral of this story.
  • ian also questioned why there is a document from DAR stating that 4143 was "placed under a government financial institution". the officer said it was probably mortgaged and since the mortgage was not paid it was probably CARPed. to verify they will have to dig up the records and she asked ian to come back a week later. the following week, the officer told ian that 4143 is officially ours but the 27.8597ha of 4126 was officially CARPed. they will start processing it so we can be paid by land bank. ian asked what is the timetable the officer said she can only promise it will be done within this year. therefore around december of 2020 someone should go to DAR (PARO) near sto nino and talk to atty guanzon to follow up. ian asked how much is the usual payment she said some get paid P2/sqm some get paid P200/sqm so it's very unpredictable. she suggested that if we are not content with the amount we can contest it in the adjudication board.
  • virgilio suggested we hire a lawyer to recover our CARPed property. he knows a lawyer who is a former DAR official who went into private practice and is known for winning CARP cases for prominent families.
  • also note that although we never received any NOC (notice of coverage), we received an OLT (final notification letter to land owner) in 1989. atty camiso said this is the same as NOC
  • click here for ian's explanation on why it is ok if we don't recover the CARPed 27ha
  • history of accomplished tasks (lessons on perseverance and how to get things done)
    • ian went to atty oscar and asked why 76ha of toledo is not in the extrajudicial. atty oscar said he forgot why and referred ian to atty camiso. he was not in his office so his secretary told ian that doris has his number and we can just text or call him. ian went to doris who immediatelly called atty camiso and they got to talk. there were 3 questions ian wanted to ask. after only the 2nd questions, atty camiso yelled, "HAY SALAMAT DUNA NA GYUD NINYO NA KAMAO MO BASA !!!". ian told him his uncles and aunts are ateneo graduates of course they know how to read. atty camiso told ian to dig up (ukay) the documents in toledo. ian asked what he should ask the people working there he shouted, "ayaw pangutana !!! ikaw gyud ang mangukay". ian said but he can't just go there and start rummaging through random documents all over the place. ian needs them to point him to something, maybe a case number or a date. the phone connection got cutoff. so ian asked doris to simply text him asking for the information ian will need which is suppose to be just a 1 sentence reply but instead atty camiso replied that he will setup a meeting with ian. everyday for a week ian kept following up with doris if atty camiso has already scheduled the meeting (even if all ian needed was 1 sentence from him). finally after 1 week, atty camiso scheduled the meeting.
    • in the meeting ian asked his simple question and atty camiso told him to go to toledo and dig up the decision of the court case. ian asked what case number atty said he forgot. ian gave him the 3 case numbers (r-166, t-381 and t-215) and asked which one it is and atty said it's t-381. ian told him he has the decision with him and showed it to atty. atty camiso read the decision and told ian that the properties have not been substituted in favor of the heirs. ian then asked atty camiso if it's still possible for us to do the substitution. atty said no. ian then asked, does that mean we should include them in the extrajudicial? atty said yes. ian asked if the 38ha carped lots is officially carped and if there is anything we can do about it. he told ian to go to DAR to find out. ian then asked that if it's officially carped, should we still include it in the extrajudicial? he said yes or else we won't get paid by land bank. notice ian's series of questioning and how he was not expecting atty camiso to spoon feed him and tell him what we need to do. we have to persevere and not be entirely dependent on the lawyer. we need to be proactive because if we don't then we lose everything. it's that simple.
  • the following lots have titles under the name of lolo and lola and therefore will be included in the extrajudicial which means we will have to pay the inheritance taxes (they appear in the certified list of holdings of lolo and lola)
  • note that a tax dec is required for the inheritance tax to be processed. furthermore, a tax dec should contain the title#
status table
lot# area title# taxdec# property tax status
3816 6.1052ha 113-2013000287 none P2,423 manoy eddie applying for tax dec
3817 0.1224ha 113-2013000288 none P330 manoy eddie applying for tax dec
4130-E 0.4139ha none 132 P534 indemnity for damages (case r-166)
3820 0.4000ha none 620 P80 indemnity for damages (case r-166)
3820 0.4000ha none 623 P80 indemnity for damages (case r-166)
  • total: 9.816ha

Alferez et al Case[edit]

  • 2/12/24: the motion for dismissal has been submitted to the court via JRS certified mail. click on the following link to read the motion:https://drive.google.com/file/d/1m8hSzlQG3-TMAsz5lkA25woDfuDLskTl/view?usp=drive_link
    • ian reviewed the motion and is convinced it will be a slam dunk case. ian continues to be very impressed at atty balili's talent and expertise. some heirs may have concerns on his very high lawyer fees, but the legal industry is analogous to basketball. many NBA players only get paid $1 million. steph curry gets paid $50 million a year, but without him, their team loses. our past lawyers charged much lower fees, but they did not solve our problems. atty balili is very expensive, but he solves our problems that increases the value of the estate by millions. example, i'm confident he could solve the right of way problem of mactan, which increases the value from P10 million to P60 million.
  • around feb 2023, alferez et al claimed 20ha of our 4126. we lose P60 million worth of 4126 partition if we lose this case. the claimants have a valid deed of sale. as soon as ian received the summons, he told atty balili the claim is similar to the other claims in the past that got dismissed and we simply need to submit a motion for dismisall showing a tracer that their deed of sale originated from the ocangs, who lost the court case.
  • atty balili has been paid P300k acceptance fee for this case (invoice# 670)
  • this is suppose to be a slam dunk case. but as of 2/8/24, the motion for dismissal has not been submitted. ian will immediately submit the motion for dismissal to the toledo court as soon as atty balili completes it. click here for the full details
  • it is very important that all heirs know the history of toledo court cases. ian studied all the court documents and created a brief summary. click here for the summary
  • during the mediation, ian gave each of the alferez party a copy of the following letter for them to read. the mediation was quick and there was no argument: https://docs.google.com/document/d/1h-6CSR54nFQh0RJu6NxzSElqi52jpxWa/edit?usp=sharing&ouid=107410195113279687096&rtpof=true&sd=true

4143 (10ha) reconveyance[edit]

  • DAR awarded 4143 to 15 beneficiaries. each beneficiary was given a title by DAR.
  • when ian became special administrator and reviewed the status of the properties, ian was alarmed after seeing the copies of the titles of the beneficiaries. ian immediately visited the DAR office and showed the head of DAR legal department, atty. guanzon, our golden set of certified toledo court documents. after reviewing the golden set of toledo court documents, atty guanzon told ian DAR made a mistake awarding our 4143 to the recipients while the case was still going on. atty guanzon told ian we just need to hire a lawyer to file for reconveyance and it should be slam dunk case.
  • the moral of the above story is that all heirs should be educated on the golden list of toledo court documents and the summary of everything that happened regarding toledo court cases since since 1941. (click here for the golden list of court documents.) and (click here for the summary)
  • ian suggested before that we do the reconveyance last, because this will surely anger the beneficiaries. since they already have the titles awarded by DAR, they would surely think we bribed the government to grab their land. however, the beneficiaries already applied for tax decs, and we were barred from paying the RPT by the assessors. this means we should file for reconveyance as soon as possible.

right of way[edit]

  • ian noticed that 4130-prt (3000sqm) along the national road connects to our 4129 (3.5ha). then ian also noticed there's only a 5ha lot that separates our 4126/4127 (38ha) and 4129. so ian and maldo contacted the owner of the 5ha and offered to give them right of way to the national road if they give us right of way to our 4126. the owners happily agreed. this easily increases the value of the property by P150 million.
  • georgia, jojo and ian met with baranggay captain chito alferez regarding the existing road that goes from the national road to our lot 4143. turns out that although the road is private, it has been used publicly for more than 10 years. by law, this is no eminent domain which means kap chito has the power to expropriate the road to a baranggay road. however, ian believes kap chito would not want the road to become a barangay road because he is currently using a small part of our 4126 for washing the waste from carmen copper to sell as sand and grave. if the road becomes a baranggay road, it will be easier for us to sell our properties and the new owner might not grant him the favor to wash the carmen copper waste on the property. ian suggests we give a good incentive to kap chito, because this increases the value of our 4143 (10ha) by P10 million. and if the road is extended to our 4126/4127 (38ha), it can increase the value easily by P100 million.
  • click on the following links to read ian's postings that includes the long saga of ian's efforts to secure the right of way to our toledo 4143 (10ha) and 4126 (38ha) lots which easily increases the value of the lots by P150 million. it's a long read but you will learn lots of property management and troubleshooting lessons.

compensation for NGCP towers[edit]

  • we will claim compensation for the NGCP towers on our toledo lots 4130-prt and 4126/4127.
  • ian will ask the help of our suki appraiser oscar labrador. as an incentive, ian will give a commission based on the recovery amount. the commission percentage is yet to be decided by the heirs.
  • ian has already made numberous efforts in the past to request compensation from NGCP. however, turns out our 4126/4127 was still forest timberland at that time, so the compensation would have been very small. this is the reason why NGCP was aggressively offering to pay us compensation in the past, because they knew that once we reclassify the lot to alienable disposable (agricultural), they will have to pay much bigger compensation to us. ian has already reclassified lots 4126/4127 from forest timberland to agricultural. however, we should wait until the lots are titled so we can even demand a higher compensation.
  • a 10 meter wide tower stands on our 29 meter wide 4130-prt lot: so georgia will petition for easement where it will be annotated in the tax dec or title of our kasigbit or adjacent lot that our road will be allowed to go around the tower and encroach on their property.click on the following link for details:

ejection of occupants[edit]

  • ejection of the 72 occupants in lots 3816, 3817 and 3820 (8ha by the national road. this properties are easily worth P100 million).
    • many of the occupants are rich with big houses and nice cars. ian had a dialogue in the baranggay hall and the occupants were shocked at ian's junky nissan sentra while our squatters were driving fortuners.
    • atty balili has been paid P300k for this. the ejection petition has been filed in court. atty. balili was gettnig death threats, but he said it's part of his job.
    • the petition is currently on hold. atty pernites suggested we continue the ejection process after the alferez et al claim is dismissed.
    • click on the following links to read ian's updates to the heirs that include the details on the dialogue with occupants:
  • ejection of the 15 occupants in lot 4143 (10ha)
    • we will do this after the reconveyance of the titles is completed.

removal of claimants[edit]

  • this will be started after the alferez et al case is dismissed and the 4143 titles have been reconveyed.

mysterious 2.2ha 1075 tax dec[edit]

  • this lot appeared in the list of holdings but it took ian a long time to locate this lot. click on the following link to read ian's saga on solving the mystery: 9/12/21 mystery of toledo 2.2ha solved

titling and partitioning[edit]

  • only 4126/4127 and 3820 don't have a title.
  • ian talked to potential buyers and most buyers say it's more possible for them to buy 4126/4127 at P500/sqm if it's only 3h to 5h. but if it's 38ha, then the most they would be willing to pay is P200/sqm. this means if the 38ha of 4126/4127 is divided among the 9 direct line of heirs, it would be easier for each direct line of heir to sell their 4.2ha at P500/sqm or P20 million. if we sell the entire 38ha, then each direct line of heir might only get P8 million. it's also a blessing in disguise to partition 4126/4127 so that while each heir is looking for a buyer, they can farm it and earn income. farming would be good training for the younger generation and i'm sure it's what lolo and lola would want.

toledo lumber sale retrospective[edit]

thanks to doris' hardwork and perseverance she was able to help many in the family with cash flow problems by selling some lumber in our toledo property. click on this link for a full retrospective click here to view toledo lumber sale retrospective

18 sqm compound water tank[edit]

  • doris and georgia claims this has been partyly encroached. ian will try to demand compensation for the encroachment.
  • 2/11/21: doris got the CTC of the title and tax dec. the BIR assessor edith said to just submit it together with the remaining toledo tax decs.
  • the lot around the old water tank behind rey's house and beside the maid's quarters of the main house
  • (done) ian will ask atty oscar why this was not included in the first draft of extrajudicial even if it appears in the certified list of holdings?
  • (done) ian get a copy of the tax dec from georgia and give it to atty tan in case it will be needed for the extrajudicial
  • (done) manoy eddie is getting the certificate of no improvement for this tiny lot
  • (done) georgia is getting the tax dec from city hall so ian can give it atty oscar so it can be included in the extrajudicial

40 sqm compound entrance[edit]

  • ian just realized this is under DCCI and therefore should not be included in the estate tax computation. ian will update the GIS and submit a financial report for DCCI
  • (done - will be included and ian will sort out later on why this is not in the list of holdings) ian will ask atty oscar why this was included in the first extrajudicial draft even if it does not appear in the certified list of property holdings?
  • (done) ian to find out from the heirs why this not appear in the certified list of holdings
  • mely's family built a 2 story house on this property. rey said our family will not attempt to take this property away from mely.
  • georgia told ian this has been partitioned, mely's house officially belongs to them, and part of the frontage belongs to us. ian suggested we put up a lotto booth. georgia agreed
  • georgia told ian that this used to appear in the list of holdings until 2018 and the folks in city hall can't explain why it disappeared. however she was able to pay the property taxes.
  • atty oscar told ian this can be included in the extrajudicial even if it's not in the list of holdings because the BIR will never refuse any payment. if this disappeared in the list of holdings because of an ownership issue we can resolve it later.

mactan[edit]

  • 2/8/24: per atty balili's suggestion, we decided to remove mactan from the estate by executing an old deed of sale to the heirs. the cost is P2.5 million, which includes titling. the reason is according to atty balili, the prescription case against ang's P25 million demand could take 10 years and during that time, we won't be able to sell any property (this is contrary to our original assumption that all claims will be decided in 1 hearing after the window of claimants is closed). removing mactan from the estate allows us to sell it before the prescription case is finalized. but note that if the prescription case is quickly decided, we practically just burned P2.5 million. also note mactan has no right of way. however, atty balili says there is a 100% chance we can get a right of way. the cost for right of way will be P1.5 million, which does not include the per square meter payment to the owner of the lot. if we don't get the right of way, then we spent P2.5 million for nothing because it's better to use it for bedspacing than sell it at a very low price (click here for ian's bespacing business plan for the mactan lot). but if we get the right of way, the value of the mactan lot dramatically increases from P10 million to P60 million, and we can sell it quickly because the location is super prime (just across the old mactan bridge).
  • note the end of the 1 year claimant window is end of february 2024. so far, atty tan has not filed a claim yet. if atty tan does not file a claim, it will be up to us how much to give atty tan. this is something the heirs will discuss and decide. ian suggests to pay atty tan after the sale of the next property since the mambaling sale proceeds is being used for estate taxes and many heirs are still under financial stress.
  • 4/8/21: according to atty balili, the judge will find the mactan lot too big as a percentage of the estate and will just order atty tan to accept cash payment. the judge will decide how much.
  • 1/18/21 status: atty tan gave us an option to buy this back for P15m where he will also give up his claim to the main house front lawn. there is no right of way for cars, only motorcycles can pass. but ian thinks this is a good deal because mactan is actually worth P76m if we use it for bedspacing. click here for ian's plan for the mactan lot
  • the best offer we got for mactan after 3 buyers approached us was P13.5M.
  • the heirs insisted this lot is 2,444 sqm. our caretaker also insisted it's 2,444 sqm. however, ian walked the boundaries and confirmed it's only 1,655 sqm (~63 steps X 27 steps, from golfing experience ian knows his step is around 1 meter) (11/23/20 status report (also search 1,655 in IansMessages for the complete history)
  • (behind lilang's guitar near the foot of mactan bridge)
  • (this is being claimed by the sosa firm (atty tan) as payment for recovering the properties from Ang. a written agreement exist - https://photos.app.goo.gl/8SRTEYC29vZLjEAt7)
  • (note the written agreement states it's 1,655 sqm - https://photos.app.goo.gl/8SRTEYC29vZLjEAt7. however, the title also says the entire property is 1,655 sqm - https://photos.app.goo.gl/mwPQn38vdw5F8fYS7, which means we awarded the entire lot to the sosa firm in the agreement)
  • all the heirs thought the agreement to give mactan and the main house front lawn to the sozas as contingency fee for winning the case against ang was JUST VERBAL. this has been the source of quarrel and why the extrajudicial can't be signed completely. some heirs contend there was a verbal agreement, some heirs said there was none. jane said she will sign the extrajudicial with sale only if there is a written agreement. luckily, ian found the written agreement, both for mactan and the main house front lawn. however, jane did not accept the written agreement agreement as valid.

Ian's Messages[edit]

Jane's Motion[edit]

  • after mambaling was sold, jane filed a motion opposing the sale. all heirs except tito virgilio agreed jane's motion was ridiculous and without merit. the motion is an afront to georgia's administratorship. the motion does not hurt or harm ian. it only hurts other heirs who needs the funds badly because it will delay the full payment of mambaling. jane is complaining she was not informed of the sale and negotiations. which is ridiculous because the sale of mambaling is a huge benefit and savior to the estate because we now have the money to pay the estate taxes. it's like winning the lottery and complaining you were not informed someone bought the ticket for you. many heirs who are highly educated and successful in their fields, have reviewed and approved ian's accounting and acknowledged that everything ian did was very beneficial to the estate and all the heirs. all heirs except jane and virgillio have acknowledged that without ian, the estate would not have been saved. jane also complains ian is not transparent, which is also ridiculous because ian has been consistently reporting all his activities and expenses in the chat group and the wiki. everything in the wiki can be verified by doing a simple search in the chat group. postings in the chat group cannot be edited. ian used to report all his negotiations with the interested buyers. but ian felt sorry for the heirs because the buyers kept backing out and giving false hopes to the heirs. so ian posted in the chat group that he will only report the good news when mambaling sale is finalized to SPARE THE FEELINGS OF THE HEIRS and avoid false hopes, unnecessary stress, and disappointments. ian have noticed jane's numerous unnecessary stress and anger towards his supposedly heroic and very beneficial actions. jane should instead join the other heirs celebrating ian's miraculous accomplishment which many heirs agree can only be explained by DIVINE INTERVENTION. it is clear since the start that ian cares deeply for all the heirs and is only sacrificing to help everyone. so ian adviced jane to get a lawyer she can trust so ian can explain and show the facts to the lawyer and the lawyer can then explain it to jane. jane did hire her own lawyer, but the problem was ian was never allowed to explain everything and show the facts to the lawyer. ian vehemently asked georgia to request a meeting with jane's lawyer. ian only needs 15 minutes to convince the lawyer that there is nothing jane needs to worry about, and in fact, jane should be thankful for everything ian did. ian does not need jane to withdraw the motion because ian and his parents already have lots of money. the reason ian continues to help the heirs is because he simply cares deeply for his lolo and lola's pinanggas. however, if the lawyer that jane hired does not personally care for jane, then the meeting between ian and the lawyer will be useless because lawyers make more money if there is more conflict. so why in the world would jane's lawyer try to resolve the issue? most likely the lawyer will try to sabotage jane and find a way for jane to be more angry at ian. all it does is cause more stress and anguish to jane, which is very bad for her health. jane's actions only hurt herself and the other heirs. there is nothing that jane can do to hurt ian. ian continues to help the estate simply because he cares for the family.
  • if the heirs really need the funds badly, maybe for medical reasons, one thing the heirs can try is to write a formal letter to jane, signed by all heirs, containing the above explanations. there is no doubt jane cares for all of lolo and lola's pinanggas and her actions are simply misguided.
  • jane's motion also damages the estate and georgia's reputation which would make it much harder for us to sell the other properties. this would force us to do a judicial partitioning and draw lots for each property. judicial partitioning is what rey has been wanting since the beginning, but ian was opposed to it because he felt there are heirs who don't have the time to take care of their properties so their properties will be full of squatters and they can easily fall victim to land grabbing once the sharks around the vicinity finds out the owner lives out of town or doesn't visit the property often. judicial partitioning will only benefit heirs who wants full control of their share of property and do not trust other heirs to administer or manage the estate.

Ang Case[edit]

  • as of august of 2024, Ang has settled for P7 million. the agreement states he will be paid in installments, but the heirs have agreed to pay in full after the first installment since we have more than enough of the money.
  • 3/6/24 details regarding the P40 million claim of Ang
  • the next hearing was rescheduled to march
  • status as of 2/8/24
    • atty balili told me and tita georgia that Ang's case is already prescribed, which means we don't have to pay them anything. Ang's lawyers made a mistake where they thought the prescription period would reset when they filed a petition in court in 2016. but since the case the dismissed, the prescription period continued where it left off so in 2019, the prescription period lapsed. ian asked atty balili what is the probability we win the prescription case and he said 85%.
    • however, atty balili also said the presciption case could take 10 years. within this period, we cannot sell anything, which will be very damaging to the heirs who badly need the funds.
    • ian thinks the smart thing to do for Ang is to settle and accept our P3 million offer or else they might get nothing. Ang has refused and insists we pay him P25 million. this means most likely we will be battling it out for 10 years, which is contrary to our original assumption that all claims will be settled in a single claimant hearing after the claimant window of 1 year since publication is closed.
    • since mactan has a deed of sale to the heirs, atty balili suggested we execute the deed of sale so mactan will be taken out of the estate and we can sell it while the prescription case with Ang is not yet finalized. but the cost is P2.5 million. (more details)
    • ian and georgia decided to ask atty balili to create an MOA where if we win the prescription, half of the P6.5 million intended for Ang will be used as a package deal to complete all the toledo tasks, which are all slam dunk cases (e.g. expedite the dismissal of alferez case, reconveyance of 4143, ejection of occupants, quieting of claimants, and titling of 4126/4127 and 3820).
  • 4/13/21: jane suggests that Ang be paid first (P6m or P7.3m if the judge decides we pay interest from Ang's 2016 demand) before the estate taxes or else he can sell the properties. atty balili confirms this is a possibility. ian agrees we will make an effort but if the court order to pay Ang comes after the amnesty deadline (due to delay because of the pandemic), of course the estate tax will be paid first. ian is confident Ang is smart enough to not risk his life or the life of his children by an act that severely damages the lives of a clan composed of more than 50 members, many of whom are indigents.
  • 4/8/21: according to atty balili, under administratorship, the judge will order Ang to accept payment and produce the titles or else he gets arrested. most likely the judge will order P6m + 6% interest since 2016 or P7.4m. ian will submit a court petition for this
  • 1/19/21: the broker for one of the pelaez buyers, atty balili informed ian there is a pending case recently filed by Ang which is an action for settlement of estate. ian has no idea what it means. ian asked for the court documents and case number but he hasn't replied. ian will also talk to atty tan about this tomorrow to get advice on what should be our course of action. once we get clarity, ian thinks we should disclose it to tita georgia's buyer for pelaez
  • status as of 1/18/21: ronnie texted Ang who replied saying he is currently preparing a proposal.
  • status as of 12/18/20 - on dec 2, per atty tan's advice, ian made an offer to Ang for P3m. a week later ian visited Ang's office to follow up and his secretary told ian that Ang is still trying to decide. the secretary got ian's number and said they will just call me when Ang has decided.
  • in 1993, lola borrowed P2.95M from Salvador Ang to fund her housing project in mactan. the following properties were mortgaged:
    • pelaez
    • guba
    • compound entrance
    • doris' house
    • mactan
    • pagina
  • at 6% interest, the total payable to Ang reached P6.659M by 12/2/16
  • atty oscar was able to strike a deal to bring it down to P3M
  • rey and virgilio said we don't have to pay Ang anything anymore because his lawyer made a mistake by not setting some sort of deadline in court. ian thinks not paying Ang is a dangerous move because to remove the lis pendens (so we can pay the inheritance tax) it would require suing in court and by the time the lis pendens is removed the amnesty would have already expired so we would now have to pay P37M instead of P4M in inheritance tax.
  • vigilio and georgia have expressed their sentiments that we don't owe Ang anything because the money was used by lola to develop the property used for the housing project by flattening the otherwise rocky terrain of the property. since Ang was able to profit from the said property improvement, we should not owe him anything. ian said maybe if we can find a way to meet with Ang personally we can make an emotional plea which might work because rumor has it that he is old and dying and maybe he would want to right the wrongs he has done to cleanse his soul in preparation for the next life.
  • note doris' house was recovered by paying Ang partially. the title was given to us but is now missing and doris is looking for it. ian told doris it's a blessing in disguise it can't be found because of her history of bad judgements. (closed case - doris has acknowledged not having the title is for her own good)


Estate Tax[edit]

  • as of april of 2024, estate taxes have been paid. total was P3.5 million including toledo
  • the deadline for estate tax is june 14, 2025
  • 2/8/24 status:
    • the court cannot order the BIR to compute yet due to jane's motion. the good news is we can already pay the estate taxes to beat the deadline even without the court order. the only difference is the e-cars won't be released and we can't get paid by the mambaling buyer until jane's motion is resolved. this is bad news for those who needs the funds badly but at least the estate is now safe. (details of jane's motion)
    • we can lower the estate taxes of toledo from P9 million to P450k if we submit to BIR the tax decs of 1995 and 2001 (time of death). georgia was having trouble getting the tax decs from assessors. however, ian thinks it's because the assessor probably thinks georgia is requesting the tax decs to be under lolo's name, which is not possible. ian advised georgia to make another request letter and making it clear the tax dec does not have to be under lolo's name, because anyway we already established ownership by submitting the 2022 tax dec.
    • another good news is that we can further lower the estate taxes of toledo by only computing the 32ha of 4126 instead of the entire 60ha. our previous lawyer, atty. atup told us before that we have no choice but to claim the entire 60ha because the CARP land reform happened after their death. however, ian found in our records that 4126 was not under CARP. it was under the 1972 OLT (operation land transfer). so ian asked atty balili if it's possible to only include the 32ha in the estate taxes by giving the BIR a certified copy of the OLT and the sketch map that indicates all the subdivisions and assignments to the 52 beneficiaries of the OLT. fortunately, atty balili said it was possible. georgia will have the OLT certified by DAR. as it turns out, the current assistant director of DENR, federick tuga, is a student of atty pernites in law school. federick advised that we submit a certified LDC and isolated lot plan of the 32ha to assessor to get a new tax dec. so ian and georgia went to denr in sudlon to request them and ian will get them in feb 16 per the claim slip. however, ian thinks maybe we should just pay for the entire 60ha of 4126 if we can lower it to the time of death fmv. that's because the 27ha has been abondoned by the beneficiaries because unlike CARP, they cannot sell an OLT. this means although we cannot sell the 27ha, we get first dibs in utilizing or farming. but if our tax dec now only indicates the 32ha, then it might diminish our right to utilize the abondoned 27ha.
  • 8/17/21: the estate taxes are ready to be paid but the BIR is still finalizing the rules with regards to administratorship. click here for details
  • here is a more detailed list of all properties to be included in the estate taxes (this is the table of contents of our requirements folder) - click here to view the detailed list of estate tax requirements
  • 2/1/21 THIS IS IT !!! the entire estate is now safe. the pelaez buyer has signed to give P4.5m as earnest money which means he has no choice but to pay our estate taxes before the deadline or else the sale can't proceed and he loses his P4.5m. click for ian's analysis of the contract
  • the deadline of the tax amnesty is june 14, 2021
  • 12/2/20: the final and official computation of estate taxes is P6.5M (including gerry's estate tax of P255k and bertie's estate tax of P235k). this does not include the 52ha of toledo which are not yet under lolo's name or not in the list of holdings and therefore has no tax decs. atty louie santos is working on transferring the 52ha to lolo's name so we can pay the estate tax before the amnesty expires.
  • if we don't pay before the amnesty deadline, our estate tax goes up to P63M
  • ian estimates the 52ha toledo estate tax to be P1.5m. click here for ian's computation of this estimate
  • --------------------------------------------------------------------------------------------- (the following items are out of date and are just for historical reference) ----------------------------------------
    • the tax amnesty expires on 6/15/21
    • (done - it's april 20 2021) ian will verify to make sure the deadline of the amnesty is not 4/24/19 as what this article says - https://platonmartinez.com/articles/tax-amnesty-implementing-rules-and-regulations
    • if the amnesty expires the inheritance tax will now be computed according to this article - https://transferwise.com/gb/blog/philippines-inheritance-tax
      • P42M - P2M deductions = P40M. so it's 1.215M + (.2)(P30M) = P7.215M + (.25(7.215) surcharge) + 7.215(.2)(18 years) = P37M
    • jane suggested a very valid point - that maybe we should not have somebody go to the BIR first until we are ready with the money para dili ma utingkay nga wala pata mkabayad sa taxes. ian replied: "if there was no amnesty that would be a smart thing to do. however, the amnesty expires 6/15/21 so we have enough time and we need to come up with the money anyway by hook or by crook or else our tax becomes P37M instead of only P4M. there are also many options for us to pay - loan from the bank or ian could pay it if it's not that much. if we can't get a loan we can also loan from mama because within this year she will be getting P30M from the unitop sales and it's also in my parent's best interest to save the properties. the advantage of getting a computation early is that it will scare everyone into being cooperative and helping out in the leg work if they realize how much we will save if we beat the deadline". feel free to express your opinion via messenger group.
    • (done) ian will ask the assistance desk in BIR barrio luz when exactly is the amnesty deadline. ian saw an article saying it's june 25, 2021 but also saw an article saying it's april 25, 2020.
      • result: the assistance desk personnel started asking around when is the tax amnesty deadline but none of them knew. so she googled and found the article i found that says it's june,2021. so she told me it's june 2021. amazing !!!
    • (done) in ian's meeting with atty mark on wednesday, he will ask if they can scare the assessors of toledo using marlo cugtas' name (head registry of deeds who plays golf with ian) into issuing us the new tax decs. georgia said there already is a court order but the assessor's office required that the court order should be a cancellation of the existing ones first. georgia asked the court clerk in quimoda and the provincial court for a cancellation but both insisted that the court order already implies cancellation. georgia believes the assesor's office in toledo is giving us a hard time because they are the relatives and friends of the families who tried to grab our land where we won the case. ian said if atty mark's runner, manoy eddie fails to get them to issue new tax decs (using atty marlo cugtas' name) (not needed) ian will consult atty cugtas if there is anything he can do to help. if this fails, then (not needed) georgia will get a motion from the court order the assessor's to issue us new tax decs. note the reason why need new tax decs is so we can start paying the property taxes which we haven't done since forever. also note that even without the tax decs, we can already include it in the extrajudicial and pay inheritance tax. atty oscar will just use the finality of the court case that we won where it says the properties are ours. ian has already given atty oscar a copy of the finality.
      • result: ian asked manoy eddie to try informing the assessors office folks "we will give them a little something to make them happy" if they issue us new tax decs. manoy eddie said it worked and we will be getting the new tax decs for 3816 and 3817 next week (first week of march).
    • georgia got the tax dec of the 18sqm (tanki) and sent to ian and ian gave it to atty oscar who said the draft of the extrajudicial should be ready around next week and he will text ian once it's ready. ian will then give a copy to manoy eddie and have it computed by his contact in the BIR so we can already get the estimate. this would give us more visibility to make better decisions on what other options to take if mambaling is not yet sold and the tax amnesty deadline nears.
    • (resolved) virgilio will meet with the assessor where he will ask the assessor to revise the list of holdings, namely remove gikom's talamban townhouse (he has the same name as lolo), and also move the tax dec assessment to 1994 instead of 1995 because the zonal value between that time jumped from P3M to P7M, which means the inheritance tax (6%) jumped from P180k to P420k so we save P240k if it is revised to 1994.

Extrajudicial[edit]

  • 4/8/21: with the approval of the administratorship, there is no need for an extrajudicial. the administratorship cost P3.8m but this is the only way to pay the estate taxes before the amnesty deadline and save the properties. not all the heirs signed the loan document therefore ondit was not willing to pay the estate taxes and Ang which could total P15m. it's also a blessing in disguise because atty balili said the loan document would have been almost useless. with the extrajudicial, a sale can only be valid if the buyer gives each heir their EXACT share of the payment, and ian will have to kneel before each heir and beg them to pay their share of the P15m and if the heir decides not to pay, there would have been nothing ian can do. the majority of heirs were also convinced not all heirs would sign the extrajudicial and agree to the sale of any property. click here for details
  • 1/20/21: in case tita georgia's buyer pushes through we need to start signing the extrajudicial because the buyer needs assurance the estate taxes will immediately be paid once they give us the manager's check. it could take us a month to sign and notarize because the apostille in the states could be delayed because of the pandemic. if it takes us a month to sign the extrajudicial, tita georgia's buyer might find a better property and back out. it's better to prepare it while we wait for their counter offer. it's been a while and tito virgilio hasn't given his comments or objections to the latest draft so maybe it should be good to go. however, the notary lawyer the unchuans use will notarize for $25k instead of $450k as long as there is no sale or assignment in the extrajudicial. so basically we have to decide between paying $25k and $450k for the notary. ian already consulted many lawyers and they all told me there is no fundamental difference between separating the deed of assignement from the extrajudicial and including it. let's just print the extrajudicial without the deed of assignemnt because anyway, once the administratorship by the court is approved, we can assign the main house to tita georgia and tito mike by only a majority vote. plus it saves us P425k.
  • 1/19/21 status: virgilio still has not given us a go signal to print and start signing. the BIR assessor will allow payment of the estate tax even if not all signatures are present as long as the extrajudicial has no deed of sale or assignment. therefore the simple solution is to separate the deed of assignment of the main house to georgia and mike because anyway there is no fundamental difference according to all the lawyers ian consulted. jane and mike also chose not to give an SPA to a trusted lawyer in cebu. without the SPA, mike and jane will need to have their signatures for the extrajudicial and future sales of any property apostilled by the secretary of state of california which could take a month, and nobody knows the direction of this pandemic.
  • 12/23/20: ian and georgia shopped around for a notary and the cheapest they could find was P450k. luckily ian talked to his tita citcit who introduced him to a lawyer who would notarize our 3 extrajudicials for only around P25k, as long as the extrajudicial does not contain a deed of sale or assignment. this is the notary the unchuans who own the properties around redemptorist have been using to settle their estate without any issues. another big advantage is the heirs don't have to physically go to his office to sign. he just needs photocopies of the IDs.
  • 12/23/20: virgilio has reviewed the extrajudicial and made edit suggestions. ian has made the edits and sent virgilio a copy. the heirs are now waiting for virgilio to give the go signal so we can print and start signing.
  • as of 12/2/20, the extrajudicial has been finalized by atty mark tolentino and ready to be signed
  • all heirs need to sign the extrajudicial before we can pay the inheritance tax
  • if not all heirs agree to sign the extrajudicial, we will have to go through administratorship, or the judicial process which could take time and could prevent us from beating the amnesty deadline
  • ----------------------------------------------------------------------------------(these gating items have been resolved and are retained for historical reference) gating items: -----------------------------------
    • atty oscar to create the draft.
      • when there is a buyer, atty oscar will just add the name of the buyer and print it.
      • virgilio's unconditional demand is to separate the deed of sale from the extrajudicial. his reason is that it's much simpler. atty oscar said there is no difference. atty oscar agreed to just separate it because it would not make sense that we lose everything and some heirs continue to suffer economic hardships just for this insignificant issue. ian suggests to jane to ask atty george and judge angeline quimpo if there is a difference between separating the deed of sale from the extrajudicial or not. maybe it will ease the worries of the contending heirs
    • atty oscar is creating the SPAs for luz,abigail,christian,mike,angie, and rey
      • ian will fedex the SPAs as soon as they are available
      • jane said she will just fly here from the states anytime she needs to sign anything so she does not need an SPA. ian suggested that it's better for her to ready an SPA assigned to georgia but she does not need to give it to georgia yet. in case there is an urgent buyer for mambaling and jane cannot attend the signing (maybe due to medical emergency, doctors appointment, corona virus escalation, etc ...) this whole thing could fall apart and we could lose everything if the buyer happens to change their mind or finds another opportunity while waiting for jane to arrive. at least if the SPA is ready she can just fedex it if she can't come here. ian suggested to jane to at least consult atty george or judge angeline to assure her that a specific SPA (only for earnest money and down payment for the mambaling sale) is very safe and she has nothing to worry about.
    • georgia to have the houses of jane, bertie and gerry cancelled from the certified list of holdings. actually this is not suppose to be a gating item because the only downside is we pay a little bit more in inheritance tax but jane said she will not sign the extrajudicial until her house is removed from the list.
  • history of resolved issues:
    • jane was advised by her sister in law helen that we should take advantage of the tax amnesty because it could lower our inheritance tax significantly and if we don't pay the inheritance tax a time will come when the government will confiscate the properties. on early november 2019, jane relayed this information to ian. at this time, ian did not even know what is an extrajudicial and only learned about it when he googled the requirements for the inheritance tax.
    • ian organized and studied all the documents he could find related to lolo and lola's properties and found a draft of an extrajudicial (2014) created by atty oscar.
    • all the heirs thought the agreement to give mactan and the main house front lawn to the sozas as contingency fee for winning the case against ang was JUST VERBAL. this has been the source of quarrel and why the extrajudicial can't be signed completely. some heirs contend there was a verbal agreement, some heirs said there was none. jane said she will sign the extrajudicial with sale only if there is a written agreement. luckily, ian found the written agreement, both for mactan and the main house front lawn. however, jane did not accept the written agreement agreement as valid. click here to read ian and janes arguments
    • ian asked georgia why not everyone signed. georgia said because noy virgilio and noy gerry wants the deed of sale separated from the extrajudicial and they don't want the mactan lot to go to the sosa firm. georgia also expressed her reservations about losing her lawn (main house) to the sosas. ian explained that the sosas helped us recover the properties at the time when the family was broke. it's just logical that we agreed to a contingent fee and after reviewing all the properties, the mactan lot and the main house lawn would have been the most logical choices at that time (which were not yet that valuable in 1999 when the case started). it can't be guba or toledo because CARP was already in full force at that time. georgia said we probably gave the country club shares as payment. ian asked her if she has any proof. she said none so ian said we should disregard that argument. ian said her choice is simple:
      • 1) give up the main house lawn but also get P15M of your share in inheritance, or
      • 2) don't give up the main house lawn and get 0 inheritance (but later the sozas will sue and you will still end up losing the main house lawn anyway)
      • georgia pledged to help ian convince the other heirs. she told ian from now on she will just accept that the main hose lawn is gone
    • ian talked to jane who insisted she will only sign the extrajudicial if there is a written agreement where the mactan lot goes to the sozas as compensation. ian talked to rey who said there was a verbal agreement between lola and atty soza and we should all honor it. ian pointed out that the court case started 1999 so it's impossible because lola died 1995 long before the court case started. if there was an agreement, it can't be between lola and atty soza.
    • jane told ian they will get another lawyer to make the extrajudicial. ian relayed this information to rey who said he will not sign any extrajudicial that does not come from atty oscar. ian relays this information to jane and virgilio. virgilio was relying on the judicial process as an option. but ian felt the judicial process is very dangerous because it could take time and if the tax amnesty deadline expires the tax would be so huge such that we would end up losing everything.
    • so ian continued to study the rest of the documents and luckily found the written agreement for the main house lawn. ian pointed out to jane that the written agreement proves it was customary for us to pay using a property as contingency fee and if you just look at all the properties we had the mactan lot seemed the most logical. if not mactan lot then it's the pelaez apartments.
    • ian studied the Ang case and was flabbergasted because lola signed a deed of sale to Ang for each of the properties, received the money, and gave the titles to Ang. ian felt it was a miracle the sozas managed to recover the properties. ian pointed this argument to jane. ian said that even if there was no agreement, the sozas deserve the mactan lot for the miracle they have done. jane asked for proof so ian sent photos of the deeds of sale. jane was disappointed because it was the first time she has seen the documents even if her name shows up as one of the recipients. ian said this whole mess is actually nobody's fault because when lola got into business with Ang you all had your own problems and family to take care. you can't expect yourself to be studying each document that comes along much more expect someone to ensure that all siblings get a copy of the documents. even papa did not know the written agreement for the main house lawn existed even if it was just beside his bed for many years. only a lonely loser like ian has all the time in the world to be studying the documents.
    • virgilio argued that winning the case wasn't a miracle because we didn't recover anything because we still don't have the titles. ian argued that the monetary value of the recovery should be the metric, not the possession of titles. example if 10 titles were recovered each valued at P1M then that is small compared to what the sozas recovered which is P50M total value of properties and we only need to pay P3M to Ang to get back the titles so the sozas virtually recovered P47M.
    • virgilio told ian he wants the deed of sale separated from the extrajudicial. ian asked atty oscar if there is any difference he said none. ian pleaded to atty oscar to just separate it anyway there is no difference just for the sake of the heirs who are suffering economic hardships and those who might need the inheritance for critical and possibly even life saving medical treatments. atty oscar agreed.
    • atty oscar also told ian there is a written agreement on the mactan lot and he will send it to him soon. atty oscar also said that even if there was no agreement, he can invoke the quantum meruit law where an attorney is entitled 10% of the recovered properties/award in an absence of a written agreement. when atty oscar sent the written agreement, ian immediately forwarded it to everyone.
    • at this point (december 2019) no heir in their right mind had any valid reason not to sign the extrajudicial.

Partition Alternative[edit]

4/8/21: with the approval of administratorship, the properties can now be sold with court approval and signature of the administrator. however, ian plans to partition mactan lot among the 9 heirs if the judge decides atty tan receives cash payment instead of the mactan lot. this is because the only interested buyer for our mactan lot is the owner of the frontage and the offer is only P13m. that's because the right of way is too narrow for a car to pass. but if this property is used by the heirs for bedspacing business, bedspacers don't have cars, only motorcycles and motorcycles can pass through the right of way. using a PE of 20, ian values our mactan lot to be P76m. click here for ian's business plan for the mactan lot

(the folowing is obsolete but kept for transparancy purposes)

ian notices that some heirs have the tendency to have a higher than normal expectation on the selling price of a property. mambaling is an exception but that's because we are desperate to beat the amnesty deadline. but after mambaling is sold, ian predicts it will be almost impossible to sell the rest of the properties because unlike mambaling which can be sold via the corporation, each property will require the signature of all heirs and if just 1 heir disagrees with the price then the sale can't happen.

of course we should proceed with trying to sell the remaining common properties (which was the agreement). but in case not all heirs are willing to adjust to a more realistic selling price, we should also start subdividing the entire property among the 9 heirs (drawing of lots). ian thinks we can find a creative way to subdivide the pelaez apartments into 9 units. if not, ian is sure some heirs would be willing to be bought out if for example only 7 units is possible in pelaez. we can agree that the price would be according to whatever is the appraised value. the buyout can also be in a form of getting more share or more lucrative partition in toledo or guba. example toledo has a severe water supply problem but one of the lots has a tubod or spring which makes it a good business opportunity to be the MCWD of toledo (contact my friend aris kintanar - he will provide all your engineering needs). or getting the 18 sqm water tank lot of crystal compound. we will cross this bridge when we get there but for now, it's something to keep in mind so that you don't keep worrying about the overly high expectations of some heirs.

with regards to toledo and guba, this is actually a blessing in disguise. as a seasoned investor, ian believes that farmlands will only become more and more scarce and valuable with the current population growth and number of mouths to feed. especially with the rapid advancement of artificial intelligence (AI), most jobs and industries would disappear. by the time lolo and lola's great grand kids are in their 50's, farm owners could be the new kings of society and even those in the states who currently have no interest with these inheritance would probably want to come back and take part. this also serves as an insurance that lolo and lola's descendants in the future who fall into misfortunes will never be homeless and always have a place to go where at least they have a place to stay and plant crops for food.

meanwhile, you should be excited about this prospect because for example, it will be fun to fence your property, plant coffee and just keep harvesting this legal drug twice a year for the next 50 years (no need for replanting). which virtually makes you a legal drug lord. you don't have to worry about sales and marketing because nestle have centers that buys all your harvest at the market price published on the internet.


Family Commission[edit]

  • the 3% commission proposal has been approved by the heirs. there were no objections
  • to motivate members of the clan into finding buyers for our properties, let's make an internal agreement where whoever finds the buyer gets 3% commission from the total sale. this is separate from the agent and broker commission that is required by law. note that this was already agreed upon but let's make it official. we should end the culture of ignoring the importance of written agreements, documentation, and proper record keeping because it's the source of the chaos and misunderstandings that has plagued the family in the past.
  • to make it simple just message ian (text or messenger) saying you agree or disagree. majority wins.

ACCOUNTING[edit]

  • ian will continue to update the accounting report in the google sheet just like what he was doing when he was special administrator. any heir can access the latest accounting report. this very important for transparency and avoid conflicts that happened in the past.

current balance and expenses[edit]

income[edit]

  • income from toledo poog barangay captain renting a spot to process gravel, P10k/month:
    • 5/30/21 - 10000

Payables to Ian (closed)[edit]

  • this section is closed. ian has been fully refunded and remaining funds have been turned over to georgia

payables[edit]

  • receipts are available. however, i told tita doris that whenever she does errands for the estate, she should ride a taxi and treat herself to a nice meal at the estate's expense as a reward for her efforts. for example, if the entry is P1k but the receipt is only P700, that means tita doris spent P300 on taxi and food.
  • here's the list of what the estate owes me:
    • pelaez redemption - 1375671
    • toledo expenses - 3000
    • 12/16/19 atty mark tolentino consultation - 4000
    • western union fee and georgia's expenses - 965
    • bdo acct maint. deposit - 25000
    • partial payment for inheritance tax processing - 25000
    • pelaez property tax - 27400
    • tax clearances - 1500
    • rey's share of toledo lumber sale - 26000
    • partial payment for inheritance tax processng - 10000
    • doris expenses ROD old titles of mambaling - 1000
    • doris expenses to mambaling baranggay hall (5 trips) - 800
    • doris ROD new titles of mambaling - 495
    • doris isaac tax dec - 450
    • atty mark partial payment for 3 extrajudicials and BIR representation - 40000
    • mobilization fee for manoy julius to collect BIR requirements - 25000
    • #entered to quicken 7/15/20 total P1,566,281
    • guba appraisal - 8168
    • mambaling appraisal - 5130
    • mactan appraisal - 8168
    • mambaling right of way notary certified - 2000
    • doris cert true copy right of way mambaling - 1000
    • mambaling right of way title annotation atty abellana - 20000
    • 9/17 tita doris expenses to toledo ROD re. 4143 landgrap by marcelo - 1000
    • 9/22 tita doris expenses to get cert true copy of marcelo's titles in toledo ROD - 2000
    • 10/7 mobilization fee victor for toledo assessors office BIR requirements - 5000
    • 10/8 atty atup - 21500
    • 10/10 xerox toledo court docs for doris - 345
    • 11/3 manoy julius mobilization expenses for BIR requirements for tito gerry and tito bertie estate tax - 20000
    • 11/4 death certs of tito bertie and tito gerry for estate taxes - 500
    • 11/12 tita doris expense for cert tct pelaez mambaling - 1000
    • 11/22 xerox for 16 property buyers package - 625
    • 11/22 folders, bond papers for 16 property buyers package - 325
    • 11/25 cert tax dec and tax clearance of mactan - 105
    • 11/27 atty mark fee for 3 extrajudicials/BIR representation (120k each) - 200000
    • 12/1 atty abellana atty fees - 100000
    • 12/3 tita doris nso death certificates of lolo and lola for filing of administratorship - 1000
    • 12/7 nso birth cert of tita angie - 155
    • 12/8 tita doris pickup nso birth cert of tita angie - 500
    • 12/9 xerox t215 and t381, gave change to court clerk as tip - 1000
    • 12/10 make 2 copies of t215 and t381 - 531
    • 12/13 tita doris pickup another nso birth cert of tita angie - 500
    • 12/15 tita doris certifications for family homes and indigents - 500
    • 12/16 extrajudicials print xerox buy paper folders - 526
    • 12/21 CLUP toledo - 230
    • 1/11/21 tita doris TCT for 3 family homes for estate tax deduction - 1000
    • 1/11/21 tita doris tax decs for 3 family homes for estate tax deduction - 1000
    • 1/11/21 tita doris birth certificates of heirs of tito gerry and tito bertie - 1500
    • 1/12/21 engr norvic sketch plan for 4126 for toledo cenro land classification - 5000
    • 1/13/21 tito ronnie meds assistance for helping us with Ang - 2500
    • 1/13/21 tita doris death certs of lola lola tito gerry tito bertie for family home cert - 1000
    • 1/16/21 pelaez appraisal - 7000
    • 1/18/21 tita doris deaths certs and birth certs for administratorship - 1000
    • 1/22/21 tita doris tcts and tax decs for all cebu city properties for administratorship - 7000
    • 1/22/21 5 copie blueprinting for toledo 4126 land classification - 150
    • 1/22/21 tcts of 3 toledo titles 2 copies each - 1334
    • 1/22/21 tax decs of 4 3816 3817 4130:prt and 3820 - 1400
    • 1/25/21 taxis for clan to buyer's meeing - 1000
    • 1/26/21 tita doris e titles for all properties, LBC to tito virgilio, and papa's NSO - 3000
    • 1/27/21 mobilization quimoda documents - 1000
    • 1/27/21 OCT 189, 190, 191 pelagia ocang from toledo ROD - 820
    • 1/28/21 mactan lot CTC title for interested buyer with mobilization fee - 1000
    • 1/29/21 TCTs of pelaez instruments (.e.g writ of execution of Ang case) w mobilizatin fee - 1500
    • 1/29/21 toledo tax decs for all landholdings - 1088
    • 1/29/21 no improvement certf for lot 4129 toledo - 90
    • 1/29/21 mobilzation fee toledo assessor requirements assessors - 1000
    • 1/29/21 CTC of toledo court orders - 180
    • 1/30/21 CTC of pelaez instruments w moblization fee - 500
    • 1/30/21 quimoda mobilization fee to get the certified decision of Ang summons, and certified decision of r1666 to get toledo tax decs - 4000
    • # following not yet included in the loan agreement
    • 2/4/21 doris to get christian's 2 birth certs for administratorship and probate - 790
    • 2/4/21 maldo for assisting DENR on land classification - 1000
    • 2/4/21 mobilization fee for 3 family home certs for lowering estate tax - 5000
    • 2/4/21 load for maldo and denr cenro to coordinate for requirements of land classification lot 4126 - 300
    • 2/4/21 maldo mobilization fee for land classification requirements - 1000
    • 2/8/21 filing fee administratorship - 576854
    • 2/8/21 publication fee administratorship - 100000
    • 2/8/21 downpayment lawyer fee - 200000
    • 2/11/21 tct of main house for petition to assign to tito mike and tita georgia and tct for 18sqm water tank - 750
    • 2/16/21 tita doris taxi to SEC to inquire DCCI status - 200
    • 2/17/21 tita doris expenses for aloguinsan for list of hodlings, tax decs, no improvments - 3500
    • 2/18/21 tita doris 3 certified tax decs of main house for petition to assign to tita georgia and tito mike - 500
    • 3/20/21 record books for administratorship - 356
    • 4/6/21 tita doris taxi for following up pelaez tenant evacuation - 300
    • 4/9/21 check to tita diana for tiya ica funeral - 40000
    • 4/12/21 assistance to pelaez tenant fermin for him to move out early - 3500
    • 4/12/21 barangay employee to help us schedule the hearing with bebot early - 1000
    • 4/14/21 tita doris ctc pelaez title, tax dec, tax clearance and expenses - 2000
    • 4/14/21 pelaez property tax for 2021 - 30968
    • 4/14/21 pelaez tax clearance - 240
    • 4/16/21 tax decs for 4126 4127 and 4143 - 563
    • 4/16/21 donation to stephen's operation - 10000
    • 4/16/21 maldo alienable/disposable cert 4126, 4127 - 2000
    • 4/21/21 engr norvic abella sketch plan for 4127 for CENRO certification - 5000
    • 4/22/21 mambaling valles 94sqm ROW capital gains tax - 36548
    • 4/22/21 mambaling valles 94sqm doc stamp - 9393
    • 4/28/21 jrs registered notice to bebot - 214
    • 4/28/21 list of holdings lola ica and affidavit of denial for duplicate name - 300
    • 4/30/21 donnie: donation to tito ronnie funeral - 2000
    • 4/30/21 death certs of lolo sergio and lola ica and tax dec to their building - 500
    • 5/1/21 maldo tie line and tax map of all toledo lots and LBC - 1250
    • 5/4/21 demolition permit so bebot is forced to move out of pelaez - 28500
    • 5/5/21 printer ink copy all estate tax docs - 550
    • 5/6/21 load maldo - 100
    • 5/7/21 maldo cadastral map of all toledo lots and LBC - 1000
    • 5/7/21 no improvement certification 4126 and 4127 - 180
    • 5/11/21 gasoline expenses to toledo - 837
    • 5/11/21 engr norvic sketch plan fro 3816 3817 4130-prt, 4129 and 3820 - 25000
    • 5/11/21 engr norvic survey for 4130-prt and 4129 total of 7ha - 110000
    • 5/11/21 maldo search owner of 4128 in talisay and make a swap deal for right of way - 1000
    • 5/12/21 tita doris for lola dida party - 16000
    • 5/12/21 tax dec and improvement cert for lot 2, lot 5a and tita doris lot - 140
    • 5/12/21 ian cedula for quarry requirement - 220
    • 5/14/21 oscar labrador appraisal of 4130,4129,4126,4127 - 46500
    • 5/14/21 xerox of tax decs and no improvements - 60
    • 5/14/21 incentive to expedite 73 tax decs - 6500
    • 5/17/21 print photos of structures of all toledo squatters - 100
    • 5/20/21 certfied true copy of all r-1666 court documents for quarry contractor - 3500
    • 5/20/21 xerox 3 copies of all r-1666 court documents - 338
    • 5/25/21 load maldo - 100
    • 5/25/21 maldo cert tax dec 4126 4127, get alienable cert denr - 1000
    • 5/25/21 doris cert tax decs main house,2 guba lots, ctc guba ROD, improvement guba - 1700
    • 5/27/21 doris annotate affidavit of re-issuance mambaling - 2000
    • 5/27/21 ian gasoline to toledo - 901
    • 5/27/21 ROD toledo annotate affidavit of re-issuance on 3 titles - 943
    • 5/27/21 certify 175 pages authority to sell (5 copies) - 6000
    • 5/27/21 xerox 175 pages authority to sell - 475
    • 5/28/21 balili runner 73 demand to vacate letters registered mail - 6500
    • 5/28/21 doris cert tax decs pahina,mambaling,pelaez land, pelaez building and pelaez no improvement - 1000
    • 6/3/21 mactan revised tax dec and improvement - 105
    • 6/4/21 engr norvic sketch plan and vicinity map guba - 5000
    • 6/4/21 notary for pahina extrajudicial - 5000
    • 6/6/21 queen city maintenance march to december - 5000
    • 6/6/21 removal of bebot's grills - 4500
    • 6/7/21 BDO checkbook - 250
    • 6/8/21 celebration aa bba - 9470
    • 6/9/21 certify all r-1666 documents for evictment filing - 4000
    • 6/9/21 doris numerous trips to ROD and assessor for guba improvement - 1000
    • 6/11/21 doris blue print guba vicinity map and submit to assessor - 500
    • 6/13/21 maldo disseminate meeting notice to 73 occupants toledo - 1000
    • 6/14/21 doris taxi deposit checks from pelaez sale - 500
    • 6/14/21 estate tax lola ica heirs - 10000
    • 6/17/21 tax clearance for gerry's house to resolve mysterious tax decs - 7621
    • 6/17/21 doris expenses cert tax dec gerry's house in city hall then tax clearance in SM - 1000
    • 6/18/21 pasa load maldo - 100
    • 6/20/21 snacks for poog tanods during dialogue with occupants - 1500
    • 6/21/21 folders and xerox 4 copies ica sergio estate taxes - 476
    • 6/22/21 doris follow up ROD mambaling title affidavit of loss annotation - 200
    • 6/23/21 doris correct guba tax decs by adding lot numbers - 400
    • 6/25/21 fuel expense drone photos toledo - 491
    • 6/28/21 blue print 3 copies each 4130 4129 3816 3820 sketch maps - 156
    • 6/28/21 fuel expense toledo - 400
    • 6/28/21 load surveyor data hotspot - 90
    • 6/28/21 lodging for 4 surveyors - 1700
    • 6/28/21 meals for maldo and 4 surveyors - 450
    • 6/30/21 doris multiple trips to assessors for guba inspection and improvement - 1000
    • 7/5/21 atty pacarya consultation on ROD representation - 500
    • 7/6/21 xerox mambaling ROW requirements - 217
    • 7/6/21 atty pacarya annotation of the mambaling ROW - 100000
    • 7/9/21 conching suzara sympathy flowers - 3000
    • 7/17/21 gasoline multiple trips to talisay for ROW negotiations - 991
    • 7/27/21 gasoline 2 trips to toledo to get ROD annotation and survey - 1024
    • 7/27/21 assistance on locating 4130-prt parcel number - 500
    • 7/28/21 doris ctc of mambaling andannotation of main house lost title - 2000
    • 7/28/21 assistance in getting areas of 4130 parcel 20, 21, and 23 - 1500
    • 7/28/21 lunch for surveyors - 1000
    • 7/28/21 ctc of toledo titles with affidavit of loss annotations - 709
    • # entered to quicken on 8/7/21: P3,237,390 = P1,917,390 (total from last enter on 7/15/20) + P320k nimfa loan + P1m surety bond
    • # the paid personal loans are not entered to quicken because it was already deposited to my BDO savings
    • 8/18/21 doris ctc of 18sqm water tank and follow up on main house re-issuance annotation - 400
    • 8/19/21 transfer tax pelaez sale per LOI - 141520
    • 9/3/21 gas for toledo - 500
    • 9/3/21 tip to maldo and surveyors - 1500
    • 9/4/21 engr. norvic sketch plan for 4128 and 4135 for ROW MOA - 10000
    • 9/6/21 blueprint lot 4128 4130-C-2 4129 and 4135 2 copies each - 140
    • 9/7/21 load doris to follow mambaling ROW annotation - 100
    • 9/7/21 engr. norvic sketch map of lot 4131 for ROW MOA - 5000
    • 9/10/21 mobilization fee and expenses to get requirements for 4130 subdivision plan - 2000
    • 9/10/21 property tax for 4130-prt - 1195
    • 9/10/21 fuel expense to toledo - 500
    • 9/10/21 certified deed of sale, decision and writ of execution for 4130-prt - 1148
    • 9/10/21 xerox documents and blueprint 4126 4127 and 4138 2 copies each - 164
    • 9/10/21 doris ctc for valles title (mambaling right of way) - 1000
    • 9/13/21 LBC blueprint of 4126 and 4127 to maldo - 85
    • 9/14/21 LBC court docs to maldo for brgy cert of no conflict (4130 subd. plan req) - 155
    • 9/15/21 denr same day LDC of 4126 to resolve 11ha issue with DAR - 1000
    • 9/21/21 maldo court clearance for brgy cert no claim conflict 4130 subd. plan - 510
    • 9/30/21 lbc 4130, 4129 and 4135 sketch plans to architect atega in cagayan - 215
    • 9/30/21 CAR certification fee, xerox and request letter for lola ica heirs - 280
    • 11/15/21 donation to lola anita - 15000
    • 11/24/21 court fee quimonda mambaling title reisuance - 2000
    • 11/26/21 court fee toledo - 1000
    • 11/26/21 gas to toledo - 500
    • 2/6/22 donation to tiya lydia - 5000
    • 2/6/22 tita doris expenses to tiya lydia wake in aloguinsan - 2000
    • 2/16/22 gas to toledo for ejectment hearing - 500
    • 2/17/22 doris TCT of valles title to verify annotation of lost title - 500
    • 2/18/22 3 cert. tax decs for 4126 - 816
    • 2/18/22 gas to toledo for property tax payment - 500
    • 2/18/22 property tax for 4126 - 100866
    • 4/22/22 final hearing mambaling right of way - 2000
    • 5/24/22 toledo hearing gas expense - 500
    • 5/31/22 atty pernites per diem and travel expense toledo title reissuance hearing - 6500
    • 6/8/22 doris pliti follow up tita jane's house redemption in city hall - 500
    • 6/17/22 doris pliti follow up tita jane's house redemption in city hall - 500
    • 7/20/22 doris pliti follow up tita jane's house redemption in city hall - 300
    • # entered in quicken 8/14/22: P307,894
    • 9/1/22 maldo expenses prevent abellanosa from claiming/developing 20ha of 4126 - 1500
    • 11/3/22 to georgia for cemetery expenses - 12000
    • 11/24/22 xerox petition, order, authority to sell, 2 copies - 257
    • 11/24/22 certify petition, order, authority to sell 2 copies 72 page - 740
    • 11/24/22 expedite certification and certified copy lao MOA for mambaling buyer - 1000
    • 2/10/23 certification and xerox of 5 copies of deed of sale with lao for mambaling buyer sample - 2700
    • # entered in quicken 5/28/24 P18,197 / 55 = $330.85
    • ---------------------
  • miklo jaclupan sale expenses (will be deducted from his pelaez share)
    • # entered in quicken 5/28/24 P45,200 / 55 = $821.82
    • # 9/5/22 check #349 deposit PNB - 300000
    • 9/2/22 appraisal for jaclupan property - 10200
    • 8/27/22 tambuli airbnb - 35000
    • total as of 8/14/22: P9,000 (excluding the check from estate) entered to quicken
    • 6/28/22 tip to rikrik surveyor - 2000
    • # 6/28/22 check #345 relocation survey of jaclupan engr. norvic
    • 11/5/21 doris mobilization expenses CTC talisay ROD and sketch plan - 1500
    • 11/7/21 doris mobilization fee - 500
    • 11/5/21 engr norvic sketch plan - 5000
  • joan's loan to the estate (not to ian) because the check was from estate acct. meaning this will be deducted from her share in the next property sale and ian won't be refunded:
    • 9/22/21 funeral expense - 41000
    • # entered to quicken 8/14/22
    • 10/23/21 aloguinsan fiesta P23,140 / 3 - 7713
  • one time income from fiber optic line along 4130 and 4129 boundary 741 meters X P15 - 11130
    • entered to quicken on 8/14/22
    • 9/22/21 funeral assistance for 4126 occupant who died when i was there - 5000
    • total: P6,130
  • doris loans. will be deducted from her share in the next property sale and ian will write a check to himself from the estate acct.
    • # entered in quicken 5/28/24 P38,900 / 55 = $707.27
    • 2/3/23 assistance - 500
    • 1/13/23 assistance - 3000
    • 12/29/22 assistance - 500
    • 12/19/22 assistance - 5000
    • 12/19/22 assistance - 1000
    • 12/3/22 assistance - 3000
    • 11/22/22 assistance - 500
    • 11/16/22 assistance - 3000
    • 11/12/22 assistance - 500
    • 11/3/22 assistance - 700
    • 10/17/22 aloguinsan fiesta - 6100
    • 10/14/22 assistance - 500
    • 9/30/22 assistance - 1000
    • 9/29/22 assistance - 10000
    • 9/11/22 assistance - 600
    • 9/2/22 assistance - 500
    • 8/24/22 assistance -1500
    • 8/18/22 assistance - 1000
    • # entered to quicken on 8/14/22 total: P147,063
    • 8/14/22 assistance - 700
    • 8/12/22 assistance - 600
    • 8/6/22 assistance - 500
    • 7/26/22 assistance - 500
    • 7/20/22 assistance - 700
    • 7/16/22 assistance - 1000
    • 7/7/22 assistance - 300
    • 7/6/22 assistance - 1000
    • 6/27/22 assistance - 500
    • 6/21/22 assistence - 500
    • 6/8/22 assistance - 500
    • 6/3/22 assistance - 500
    • 6/1/22 asisstance - 500
    • 5/26/22 assistance - 500
    • 5/17/22 assistance - 500
    • 5/7/22 assistance - 1000
    • 5/5/22 assistance - 500
    • 4/26/22 assistance - 500
    • 4/21/22 assistence - 600
    • 4/9/22 assistance - 500
    • 3/30/22 assistance - 500
    • 3/29/22 assistance - 1000
    • 3/28/22 assistance - 500
    • 3/22/22 assistance - 500
    • 3/3/22 assistance - 2000
    • 1/25/22 assistance - 500
    • 1/8/22 assistance - 10000
    • 12/31/21 assistance - 500
    • 12/21/21 assistance - 2000
    • 12/16/21 assistance - 5000
    • 11/29/21 assistance - 500
    • 10/23/21 aloguinsan fiest 23,140 /3 - 7713
    • 10/14/21 assistance - 500
    • 9/3/21 assistance - 1000
    • 8/24/21 vans tuition UC - 32000
    • 8/18/21 donnie medical - 2000
    • 8/12/21 back payment tuition fees - 61200
    • 8/12/21 tuition fee franz - 5750
    • 8/12/21 taxi snacks - 2000
    • --------------------
    • total: P185,963
  • 3/1/21 nimfa's kids loan for will probate. will be deducted from their share in the next property sale and ian will write a check to himself from the estate acct.
    • filing fee, publication fee and other expenses - 200000
    • lawer's fee - 120000
  1. entered to quicken on 8/7/2021
    • total: P320k

the following loans have been paid by deducting from their share[edit]

  • update 8/9/21: so basically the money is now with the estate because it was deducted from the distribution. ian will write a check to himself using the estate account in the amount of P156,100 (check 50323) to close out these loans. ian will also write a P25,000 check to himself to withdraw the P25,000 (check 50322) he deposited to open the estate account.
  • tita georgia loan (will be deducted from her share)
    • 4/21/21 - 35000
  • tita doris loan (will be deducted from her share)
    • 4/2/21 for aloguinsan trip - 40000
    • 4/10/21 for tito ronnie - 10000
    • 4/24/21 for pliti to tito ronnie - 1100
    • 4/30/21 for expenses tito ronnie funeral - 6000
    • 5/7/21 assistance - 2000
    • 5/28/21 assistance - 2000
    • 5/30/21 assistance - 10000
    • total: P71,100
  • 1/11/21 tita angie loan (will be deducted from her share): P50k
  • total: P156,000 + P25k check deposit = P181,000 entered to quicken on 8/7/21 (not entered to quicken because it was never debited from cash in quicken?)

contentions[edit]

  • virgilio contended there was no need for ian to pay P1.3M because a law was about to come out of congress where we don't have to pay it anymore. ian checked with a tax lawyer about this but she said no such law exists. in any case, even if virgilio is correct and what ian did was a mistake, jane and georgia promised that part of the mambaling sale proceeds will be used to pay ian's redemption expenses on pelaez
  • virgilio also contended that the processing of inheritance tax is as simple as giving the BIR the certified true copies of all our properties so there is no need to hire a runner. he also said that he has the complete documents ready to be computed by the BIR. virgilio even got angry and insulted manoy eddie in front of atty mark. ian had to apologize and we are lucky manoy eddie is still helping us. jane and ian has been asking for the documents and it's been 3 weeks since the time of writing virgilio hasn't given the documents. therefore ian is continuing to hire manoy eddie. furthermore, before ian hired manoy eddie (atty mark's runner), ian has been mentioning in the meetings and messages to georgia and jane he will hire atty mark to help us with the inheritance tax processing but nobody objected. here is a more detailed breakdown of manoy eddie's service:
    • doing the leg work for us - no one in the family has time to do the leg work needed for inheritance tax processing. case in point virgilio is very busy with religious duties such that it is only suppose to take him 30 minutes to make copies and hand over the inheritance documents but it's been 3 weeks and he still didn't find the time. while ian was in the states from dec 6 to jan 17, ian suggested to georgia that she starts processing the inheritance tax and he will provide any necessary funding but georgia was too busy with her civic duties in camotes the entire time.
    • lowering the tax computation - assessment of property values can be subjective. manoy eddie has friends in the BIR that could considerably lower our tax so it's possible we actually save more money
    • connections to expedite the processing - before ian hired manoy eddie, georgia has been complaining that when she goes to the assessor's office in toledo, the folks there won't give her the tax decs needed to pay the property taxes. the tax decs are also required for the inheritance tax computation. that's because the folks in the assessor's office are relatives and friends of our enemies that tried to land grab our properties which we sued and won in court. when manoy eddie went to get the tax decs he was also snubbed but when manoy eddie mentioned the name of this powerful friend, the folks got scared and suddenly became accomodating. georgia contended that even without manoy eddie, we could still have gotten a court order or motion to force them to assist us. ian argued why go through the hassle and besides it can take time and hinder our ability to beat the amnesty deadline.
    • note that the certificate of holding that manoy eddie gave ian contained the houses of jane, bertie and gerry. the law says we can't pay the inheritance tax if not all holdings are included in the extrajudicial. jane got upset and said she won't sign any extrajudicial that includes her house. georgia is currently processing this to remove the 3 houses from the list of holdings. the point is that if we did not hire manoy eddie, this issue would have surfaced in the last minute which would have jeopardized the sale of mambaling.
    • update 12/20/20: georgia and ian shopped around for a lawyer who can notarize our extrajudicials and the cheapest they can find is P400k. all the lawyer has to do is sign and stamp and they charge P400k. atty mark spent almost a year getting the documents and requirements for the 3 extrajudicials and creating the 3 extrajudicials and the total payment was only P245k. this is proof that it is only fair that ian will be refunded
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