In the Matter of the Petitions for Admission to the Bar of Unsuccessful Candidates of 1946 to 1953

SCRA Ruling
No. Ponente Person Involved When Details Issue Decision
No.
34 94 PHIL Diokno, J. Petitioners: June The President approved WON RA 972 is NO. RA 972 is unconstitutional on the RA 972 is unconstitutional and held that:
534 Albino Cunanan, 21, Senate Bill No. 371, which constitutional? following grounds: 1. That the portion of art. 1 of R.A. 972
Et al. 1953 then became RA 972 or referring to the examinations of 1946 to
commonly known as the 1952 and all of art. 2 of the said law are
Respondent: “Bar Flunkers’ Act of 1. Because its declared purpose is to admit unconstitutional and therefore void and
Office of the 1953”, which admits to the 810 candidates who failed in the bar w/o force and effect.
Solicitor General Bar those candidates who examinations of 1946-1952, and who, it
Juan R. Liwag suffered from insufficiency admits, are certainly inadequately prepared to 2. The part of ART 1 that refers to the
of reading materials and practice law, as was exactly found by this examinations subsequent to the approval
inadequate preparations. By Court in the aforesaid years. It decrees the of the law (1953- 1955) is valid and shall
and large, the law is admission to the Bar of these candidates, continue in force. (those petitions by the
contrary to public interest depriving this Tribunal of the opportunity to candidates who failed the bar from 1946
since it qualifies 1,094 law determine if they are at present already to 1952 are denied, and all the candidates
graduates who had prepared to become members of the Bar. It who in the examination of 1953 obtained
inadequate preparation for obliges the Tribunal to perform something a GEN Ave. of 71.5% w/o getting a
the practice of law contrary to reason and in an arbitrary manner. grade of below 50% in any subject are
profession, as evidenced by This is a manifest encroachment on the considered as having passed whether
their failure in the exams. constitutional responsibility of the Supreme they have filed petitions for admissions
Court. or not.)

2. Because it is, in effect, a judgment

revoking the resolution of this Court on the
petitions of these 810 candidates, without
having examined their respective
examination papers, and although it is
admitted that this Tribunal may reconsider
said resolution at any time for justifiable
reasons, only this Court and no other may
revise and alter them. In attempting to do it
directly Republic Act No. 972 violated the
Constitution.

3. By the disputed law, Congress has

exceeded its legislative power to repeal, alter
and supplement the rules on admission to the
Bar. Such additional or amendatory rules are,
as they ought to be, intended to regulate acts
subsequent to its promulgation and should
In the Matter of the Petitions for Admission to the Bar of Unsuccessful Candidates of 1946 to 1953

tend to improve and elevate the practice of

law, and this Tribunal shall consider these
rules as minimum norms towards that end in
the admission, suspension, disbarment and
reinstatement of lawyers to the Bar, inasmuch
as a good bar assists immensely in the daily
performance of judicial functions and is
essential to a worthy administration of
justice. It is therefore the primary and
inherent prerogative of the Supreme Court to
render the ultimate decision on who may be
admitted and may continue in the practice of
law according to existing rules.

4. The reason advanced for the pretended

classification of candidates, which the law
makes, is contrary to facts which are of
general knowledge and does not justify the
admission to the Bar of law students
inadequately prepared. The pretended
classification is arbitrary. It is undoubtedly a
class legislation.

5. Article 2 of Republic Act No. 972 is not

embraced in the title of the law, contrary to
what the Constitution enjoins, and being
inseparable from the provisions of article 1,
the entire law is void.

6. Lacking in eight votes to declare the nullity

of that part of article 1 referring to the
examinations of 1953 to 1955, said part of
article 1, insofar as it concerns the
examinations in those years, shall continue in
force.