ToledoStatus

TOLEDO STATUS 12/18/20 by ian crystal

by the end of january, there is a high chance land bank will be paying us p100/sqm for the CARPed 27ha, which amounts to P27 million.

also by end of january, there's a high chance we will already receive the payment from napocor for the 3ha they used for the towers. if we get P200/sqm, that's P6 million. napocor has been going to the compound offering to pay but they can only pay if we have a title. the good news is the 52ha will soon be transfered to our names and when that happens, we can get a tax dec and have it titled quickly (my neighbor atty charter is close friends with the head of ROD of toledo and assured me the ROD head will help us get it titled as soon as we have the tax dec).

the heirs have decided to go with with tito virgilio's suggestion that we will fence our toledo properties when we have the funds and the properties have been transferred to the names of the heirs. right now only 7ha out of the 59ha are under our names. tito virgilio also suggested we try to have a google map or aerial photos of our properties so it's easier to show to the buyers. i suggested that we have engr norvic pinpoint the locations of the mohons, temporarily plant a tall flag over the mohons, fly a drone over our properties to take areal pictures, then just trace the flags with lines so the buyers know exactly where the boundaries are. we can rent a drone from top wedding videographers.

We hired Atty Atup, who is renowned for recovering the CARPed properties of the lhuilliers.

Originally we had 86ha. 27ha of lot 4126 was carped. Atty Atup, says there is a chance, albeit very small, that we might be able to recover the 27ha. He says DAR is notorious for ignoring the "agricultural land" classification. Note that each heir is entitled to 5ha of agricultural land. so if out of our 86ha, only 45ha is agricultural, that means we are entitled to 9 heirs X 5ha = 45ha so it was illegal for DAR to CARP our 27ha. Atty Atup's firm is currently investigating this. Atty atup said that if DAR made an error, they will proceed to recover the 27ha and they will just ask for contingency fee as compensation. Therefore expect part of it to be awarded to Atty Atup. mayor jojo also said DAR made errors in CARPing many properties because they were in a hurry to beat the 2014 deadline so they skipped some protocols.

however, note that we've been trying to sell toledo for P150/sqm for 2 years now but the buyers insisted on P100/sqm. so if landbank will offer us P100/sqm for the 27ha, that's P27 million so we should just take the payment from landbank. the head of legal dept of DAR told me last week that we should get the offer from landbank by the end of january. in case the landbank offer is too low, we are working hard to build ammunitions to contest the payment or recover the 27ha. papa suggested we get a comprehensive land use plan (CLUP) from toledo city hall. major jojo also reiterated that this is very crucial because if our area indicates it's residential or agro-industrial, we can ask for a bigger payout or have a higher chance of recovery. papa also said portions of our properties have been planted with Gemelinas and Mangiums and registered at DENR as FOREST PLANTATION. lolo munding also had our properties zoned by Toledo City as INDUSTRIAL ZONE. i already requested a cadastral map and lot data computation (LDC) from DENR lahug on lot 4126. i have a claim stub to get it on jan 6. after that i can go to toledo CENRO to have it projected, where it will show if it's forest plantation or not.

mayor jojo also said it could be a blessing in disguise our 27ha was CARPed and atty camiso did not transfer it to our names after winning the case. because it's possible the landbank payment could be much more than if we sold 27ha 10 years ago. the land bank assessment has to be the assessment for the year they pay us, not in 2012 when they gave us the notice of coverage, and the land value around the area has already skyrocketed since 2012. so it could actually be more than my guess of P100/sqm payout.

atty atup said that whatever is in the tax dec is what DAR follows. but the tax decs are very old so it's possible when we get a new tax dec it will have a different classification.

papa suggested the KEY is to PROVE THAT THOSE LISTED AS BENEFICIES are not presently occupying and farming their assigned lot and/or have not been paying Land Bank. papa suggested to also get the following from toledo city hall:

1. Certifying that the persons who were issued the CLOA have not occupied nor farmed their assigned lots; 2. Certification the persons issued the CLOAs have not paid Land Bank; 3. Certification that NO TITLE for the area issued the CLOAs has been issued in the name of DAR/Land Bank.

me and tita georgia will go next week to get these and the CLUP. we will give these documents to atty atup.

papa also claims there is already a supreme court order to title all our toledo properties in our favor. i visited atty camiso to ask if this supreme court order exists but he was not available. i left my number so he can call me when he is available. it's hard for me to believe this supreme court order exists because if it does, it's unbelievable that our family did not bother to keep such a precious document. it's like a gold bullion but our family is treating it like a knorr soup bullion.

just to give you an idea, note that 27ha is a square, each side will be 520 meters long or half a kilometer long on each side.

- That leaves us with 59ha. however, lot 4143 (9.8ha) was illegally distributed by DAR to the farmers. The farmers already have titles issued by DAR and are even trying to sell them (even if the titles were clearly marked "can't be sold”). I let the head of legal dept of DAR (Atty Guanzon) review the court documents and she said we won the case and the entire 4143 should belong to us. What happened was that DAR wrongly distributed it to the farmers while the case was still ongoing. Atty Atup is currently trying to recover it and put it under the names of the heirs. Atty Atup says he is highly confident we will get back lot 4143. His firm was also willing to get contingency fee as compensation, so also expect part of this property to be awarded to Atty Atup. We are currently selling this for P150/sqm or P14.7m. Atty Atup is willing to receive cash compensation after the property is recovered so the buyer can buy the entire 9.8ha. However, after the property has been recovered and transferred to the heirs, our selling price would be P250/sqm or P24.5m.

- Atty Atup is also in the processing of transferring the remaining 32.6ha of lot 4126 to the heirs because currently it won't show up in the list of holdings that's why we can't pay estate taxes for it yet. same with lot 4127 (6ha), and lot 4129 (3.5ha). that's 42.1ha total. Our current selling price for the entire 42.1ha is P150/sqm, or P63.1m. However, once the properties are already under the names of the heirs, which Atty Atup expects to happen by january, our selling price will increase to P250/sqm, or P105.2m. note 4143, 4126 and 4127 has no road and is around 700 meters from the national road or 10 minute walk by foot. 4129 (3.5ha) also has no road and is around 300 meters from the national raod.

- That leaves us with just 7ha that shows up in the list of holdings. They are lots 3816 (6.1ha), 3817 (0.122ha), 4130-E (.4ha) and 3820-prt (.4ha). We expect to pay the estate taxes and have the entire 7ha retitled under the names of the heirs by early january. If you look at the sketch map, the 6.1ha (lot 3816) is along a barangay road, about half a kilometer from the national road (uling-naga road). We are selling this 6.1ha for 1000/sqm or P61m. 4130-E (.4ha) is along the national road and we are selling it for P3k/sqm (P12 million). Some properties around the area are selling for P8k/sqm in Lamudi. that means it wasn't far fetched when tito virgilio received a text offering P3k/sqm. the texter probably was looking at our .4ha lot along the national road.

As of now, we don’t know where 3817 (0.122ha) and 3820-prt (.4ha) are located. We will have these surveyed by engr norvic abella. papa claims we already had our toledo lots surveyed by engr norvic. i still have to talk to engr norvic about this. hopefully these are also by the national road or baranggay road because if they are, they have the same value as our 3.5ha guba property.

i asked atty atup if we still have to pay inheritance tax on the 52ha considering that the ownership was transferred from someone else directly to the heirs. atty atup said we still have to pay the inheritance tax. the BIR included the 52ha properties in one of their previous compuations (before they knew the tax decs are not under lolo and lola's names or they don't appear under the list of holdings) and the total zonal value is P14,229,092 (lola's + 1/2 of lolo's). i notice the estate tax compromise is usually 14% of the total zonal value (the normal is 6%). that means our estate tax for the 52ha of toledo is around P2 million. they will probably compromise it down further to around P1.5 million.

atty atup needed the complete t-215 and t-318 court files for him to transfer the properties to our names. the only ones we had were partial t-318 and complete r-166 files. i went to toledo court to request the t-318 and t-215 files. i called back after a week but they told me they couldn't find the t-318, just the t-215. i was so angry why my family would lose our copies of such precious documents. if our opponents bribed an insider of the court to destroy the court copies, our 52ha is gone with the wind. 2 weeks later the clerk still cannot find t-318. i was so stressed and nervous. luckily they found it. WHEW !!!

we need to learn a valuable lesson from this, and that is, it was also partly our mistake that we never bothered to follow up with atty camiso to transfer the properties to our names. you should never assume that your lawyer will do what needs to be done. just like the publishing for the hearing of the mambaling right of way until now it hasn't been published even if it should have been published last week. i need to follow up every week. but don't follow up everyday because they might be offended or insulted or annoyed. we must do everything we can to avoid burning bridges because keep in mind we need something from them that can translate to millions in our bank account. even with atty atup i keep praising him for his professionalism yet i was the one who kept going back and forth to toledo even if we already paid P20k for mobilizing fee. i will never say a word about it or else this whole thing will blow up in front of our faces. same with atty tan. because i never burned the bridge with atty tan, i was able to negotiate with him to give up the main house front lawn and mactan property in exchange for just 1/4 the value of those properties. i hope we keep learning as we move forward because it's the only way we can succeed.