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Digest-In Re Cunanan

Digest-In Re Cunanan

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Published by: Jing Panganiban-Mendoza on Jul 05, 2012
Copyright:Attribution Non-commercial


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IN RE: CUNANANDigestFacts:
This is the “Bar Flunkers Act of 1953” case.As per the Rules of Court. A bar candidate
must have a general average of 75% in all subjects without failing below 50% inany subject.Inspite of this, the court passed and admitted to the bar those candidates who had obtained anaverage of only:
 72% in 1946
 69% in 1947
 70% in 1948
 74% in 1949
 In 1950 to 53, the 74% was raised to 75%A few candidates who missed the above marks set bythe courts approached Congress. Congress made a bill, which wasallowed by the president tobecome a law without his signature. This is RA 972.Pursuant to the law in question, those who,without a grade below 50 per cent in any subject, have obtained a generalaverage of 69.5 percent in the bar examinations in 1946 to 1951, 70.5 per cent in 1952, 71.5 per cent in 1953, andthosewill obtain 72.5 per cent in 1954, and 73.5 per cent in 1955, will be permitted to take andsubscribe the correspondingoath of office as members of the Bar, notwithstanding that the rulesrequire a minimum general average of 75 per cent,which has been invariably followed since1950.A breakdown of the numbers is on page 538. The additional candidates who want to beadmitted claim that they suffered from insufficiency of reading materials and of inadequacy of preparation.Issue:W/N RA 972 is valid.Held:RA 972 is contrary to public interest because itqualifies 1,094 law graduates who confessedly had inadequate preparationfor the practice of theprofession. The public interest demands of the legal profession, adequate preparation andefficiency,precisely more so as legal problems evolved by the times become more difficult.Indecreeing that bar candidates who obtained in the bar examinations of 1946 to 1952, a generalaverage of 70 per centAnastacio, Beron, Calinisan, Fernandez, GanaLopez, Mendiola, Morada, Rivas, Sarenas 2CLEGAL ETHICS2ndSem 2005-2006without falling below 50 per cent in any subject, be admitted in mass to the practice of law, thedisputed law is not alegislation; it is a judgment
a judgment revoking those promulgated bythis Court during the years affecting the barcandidates concernedAlthough the SC certainly canrevoke these judgments even now, for justifiable reasons, it is no less certain that only theSC,and not the legislative nor executive department, that may be so. Any attempt on the part of anyof these departmentswould be a clear usurpation of its functions, as in this case.Congress mayrepeal, alter and supplement the rules promulgated by this court, but the authority and

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