MAPA Law Center

📚 Know Issue Spotting, Basic Legal Writing & Answering Concisely! 🖋️
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✨ TOPIC: Legal Writing Essentials: English, Analysis, and Exam Techniques ✨

🧐 Why attend?
✅ Learn the basics of legal writing
✅ Master how to spot issues in legal questions
✅ Answer questions briefly, concisely and directly

This session is ideal for law students, bar candidates, paralegals, and even practicing lawyers looking to elevate their writing skills and improve their scores!

📅 Lecturer: Atty. Junmarie Caroline C. Claravall-De Leon
👩‍⚖️ Litigation Attorney & Partner at PSTV Law
📖 Instructor at Isabela State University - College of Law (Legal & Judicial Ethics)
📖 Instructor at St. Ferdinand College:
• Intro to Basic Criminal Law
• Theories in Political Law
• Human Rights
• Special Topics in Political Law

📌 Don’t miss this chance to learn from a litigator and legal educator!

📥 Register now! Slots are limited!
GCASH ACCOUNT/Contact #: 09176369146

👇REGISTER here: https://forms.gle/VoC1b7P1Yz8Dz9ka8


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⚖️The Office of the Chairperson has issued a Notice regarding the 𝗢𝗮𝘁𝗵-𝗧𝗮𝗸𝗶𝗻𝗴 𝗮𝗻𝗱 𝗥𝗼𝗹𝗹 𝗦𝗶𝗴𝗻𝗶𝗻𝗴 𝗖𝗲𝗿𝗲𝗺𝗼𝗻𝗶𝗲𝘀 𝗳𝗼𝗿 𝘁𝗵𝗲 𝟮𝟬𝟮𝟰 𝗕𝗮𝗿 𝗘𝘅𝗮𝗺𝗶𝗻𝗮𝘁𝗶𝗼𝗻𝘀, which shall take place on January 24, 2025, Friday, at the SMX Convention Center Manila in Pasay City.

Read the Notice in full at:https://sc.judiciary.gov.ph/wp-content/uploads/2025/01/Notice_Clearance-and-Oath-Taking-3Jan2025-1-2.pdf

Read the full text of the 𝗖𝗹𝗲𝗮𝗿𝗮𝗻𝗰𝗲 𝗣𝗿𝗼𝗰𝗲𝗱𝘂𝗿𝗲𝘀 𝗳𝗼𝗿 𝘁𝗵𝗲 𝗦𝘂𝗰𝗰𝗲𝘀𝘀𝗳𝘂𝗹 𝟮𝟬𝟮𝟰 𝗕𝗮𝗿 𝗘𝘅𝗮𝗺𝗶𝗻𝗲𝗲𝘀 at:https://sc.judiciary.gov.ph/wp-content/uploads/2025/01/Notice_Clearance-and-Oath-Taking-3Jan2025-3-4.pdf, and the full text of the 𝗢𝗮𝘁𝗵-𝗧𝗮𝗸𝗶𝗻𝗴 𝗮𝗻𝗱 𝗥𝗼𝗹𝗹 𝗦𝗶𝗴𝗻𝗶𝗻𝗴 𝗖𝗲𝗿𝗲𝗺𝗼𝗻𝗶𝗲𝘀 𝗣𝗿𝗼𝘁𝗼𝗰𝗼𝗹 at:https://sc.judiciary.gov.ph/wp-content/uploads/2025/01/Notice_Clearance-and-Oath-Taking-3Jan2025-5-6.pdf




👩🏻‍⚖️

‼️Please be reminded that BARISTA may be accessed beginning 8:00 A.M. on January 8, 2025 for applications to take the

Examinations.

Please be reminded that BARISTA may be accessed beginning 8:00 A.M. on January 8, 2025 for applications to take the Examinations.

📚Favorite Bar Topic ⚖️

✅SUBJECT: Political Law, Search & Seizure (Sec. 2, Art. 3 of the Bill of Rights)

Here's a sample question based on a case penned by Justice Amy Lazaro-Javier.
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❓Question: Antonio was charged with illegal possession of fi****ms under Republic Act No. 10591 after a search warrant was executed at his residence. The search warrant was issued based on a report that Antonio did not have a license for the firearm discovered during the search. Antonio contested the validity of the search warrant, arguing that it lacked probable cause as the judge who issued it did not personally examine the complainant and the witnesses. He further claimed that the evidence seized should be inadmissible because it was obtained through an invalid search warrant.

(a) What are the constitutional requirements for the issuance of a valid search warrant?
(b) Was the search warrant valid in this case? Explain.
(c) Is the evidence obtained admissible in court? Why or why not?

⚖️ANSWER: ALAC Format
(a) What are the constitutional requirements for the issuance of a valid search warrant?

✅The issuance of a valid search warrant is governed by Section 2, Article III of the 1987 Philippine Constitution. A search warrant must be issued only upon probable cause personally determined by a judge after examining, under oath or affirmation, the complainant and any witnesses the complainant may produce. The warrant must particularly describe the place to be searched and the things to be seized.

📚NOTE: These requirements aim to protect individuals from unreasonable searches and seizures and to ensure that the issuance of a warrant is based on sufficient legal grounds. Probable cause must be established based on the judge's personal assessment, not merely relying on reports or affidavits.
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(b) Was the search warrant valid in this case?

Answer: No, the search warrant was invalid.

Legal Basis: The Constitution and prevailing jurisprudence, including the case of Antonio Abiang y Cabonce v. People of the Philippines (G.R. No. 265117, November 13, 2023), require the judge issuing a warrant to personally examine the complainant and witnesses to determine probable cause.

Application: In Antonio's case, the judge issued the warrant based solely on a report indicating that he did not have a firearm license. There was no showing that the judge personally examined the complainant or witnesses. The absence of this crucial step invalidates the search warrant, as it violates Antonio's constitutional rights.

Conclusion: The search warrant was not valid because the judge failed to determine probable cause through personal examination.
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(c) Is the evidence obtained admissible in court?

Answer: No, the evidence is inadmissible in court.

Legal Basis: Evidence obtained through an invalid search warrant is considered "fruit of the poisonous tree" and is inadmissible under the exclusionary rule enshrined in the Constitution. This rule ensures that the government cannot benefit from its violation of constitutional rights.

Application: Since the search warrant in this case was invalid, the search and seizure conducted based on it were also invalid. Thus, the firearm and ammunition found during the search cannot be admitted as evidence against Antonio.

Conclusion: The evidence obtained is inadmissible, as it was the product of an invalid search warrant and a violation of Antonio's constitutional rights.

💡 Stay focused and practice consistently. You've got this!

🎉Happy New Year, future attorneys!

⚖️As we welcome 2025, let’s kick off the year 💪strong with these Bar Exam Tips to guide you on your journey to claiming that “dot”!

✅This year is yours—prepare, believe, and claim it! Let’s conquer the Bar Exam together!

📚 Favorite Bar Topic Alert!
💡 Topic: Doctrine of Quieting of Title

Check out this case penned by Justice Amy Lazaro-Javier:
Aurora Tensuan, et al. v. Heirs of Ma. Isabel M. Vasquez
📜 G.R. No. 204992 | September 8, 2020

BACKGROUND OF THE CASE: The petitioners inherited a 32,862-square-meter property in Muntinlupa City under TCT No. 16532. After their father's death, they executed an Extra-Judicial Settlement. Decades later, the respondents altered the Magdaong River’s course, encroaching on 1,680.92 square meters of their land, and even secured TCT No. 144017 that overlapped the property. The petitioners filed a complaint for accion reivindicatoria and annulment of title.

DOCTRINE:
📝For the action to quiet title to prosper, two (2) requisites must concur:
1. The plaintiff or complainant has a legal or an equitable title to or interest in the real property subject of the action;
2. The deed, claim, encumbrance, or proceeding claimed to be casting cloud on his or her title must be shown to be in fact invalid or inoperative despite its prima facie appearance of validity or legal efficacy.

Here, requisites for quieting of title were sufficiently alleged in the complaint, albeit it was captioned as one for accion reivindicatoria and annulment of title. First. Petitioners indubitably have legal title over the property, having inherited the same from their father. By Extra-Judicial Settlement, they subdivided the property among themselves. This Extra-Judicial Settlement was even annotated on the dorsal portion of TCT No. 16532.

Second. Respondent Ma. Isabel was issued TCT No. 144017 covering a 5,237.53 square meter property. Although it appears valid and effective, said title, in truth, overlaps with petitioners’ TCT No. 16532 to the extent of 1,680.92 square meters. Worse, the remaining portion pertains to portions of the Magdaong River. Thus, TCT No. 144017 is invalid.

NOTE:
✅Actions for quieting of title are imprescriptible if the plaintiff is in possession of the property (Maestrado v. CA).
✅Lands of public dominion, such as riverbeds, cannot be appropriated or registered under the Torrens system.