University of the Philippines College of Law

Consti | Professor Yu
Case Digest

TOPIC: Rule-Making
DOCTRINE:
CASE Number (including date): March 18, 1954
CASE Name: In re: Cunanan
Ponente: Diokno, J.

FACTS
 RA 972, Bar Flunkers’ Act of 1953 was titled, An Act to Fix the Passing Marks for Bar Examinations
from 1946 up to and including 1955. Passed because Bar Flunkers went to Congress believing
themselves as qualified to practice law and secured Senate Bill No. 12 which reduces the passing
marks. President eventually allowed the bill to become law without his signature on June 21, 1953
(election year).
 Sec. 1 provided 1946-1951 = 70%, 1952 = 71%, 1953 = 72%, 1954= 73%, 1955= 74% Provided that
no grade lower than 50% while Sec. 2 provided a bar candidate with a grade of 75% in any subject
is deemed to have passed that subject and grade/grades shall be included in computation of the
general average that said candidate may obtain in any subsequent examinations he may take.
ISSUES
1. Whether or not RA 972 is unconstitutional

HELD (including the Ratio Decidendi)

 (1) Yes: Sec 1, only the portion for 1946-52 was struck down while 1953-1955 remained in force
and effect because a) candidates who flunked 1946-1952 were not prepared due to how close to
WWII it was. b) The law revokes judgement of the Court on petitioners of flunkers c) The law is an
encroachment of the Court’s power to determine who may practice law, excess of legislative
power to repeal, supplement and alter the Rules of Court, has to be based on jurisprudence. d)
The classification is arbitrary and amounts to class legislation. 1953-1955 is in effect because lack
of votes to declare it void + to take effect in 1953, meaning it does not revoke any SC resolutions.
The act of admitting, suspending, disbarring and reinstating attorneys is judicial in our judicial
system. The ultimate power to grant license for the practice of law belongs exclusively to the
Court and law passed by Congress is merely to fix the conditions for the license.
 Sec 2 is struck down because the title only says 1946-1955 while Sec 2 provides a system for an
indefinite period of time. It also allowed for partial passing

RULING:
All above-mentioned petitions of candidates who failed 1946-1952 are denied. All candidates
1953 who obtained a general avg of 71.5% or more without a subject less than 50% are
considered passed.