In re Cunanan 1954 94 Phil 534

Facts:

In recent years few controversial issues have aroused so much public interest
and concern as R.A. 972 popularly known as the “Bar Flunkers’ Act of 1953.”
Generally a candidate is deemed passed if he obtains a general ave of 75% in
all subjects w/o falling below 50% in any subject, although for the past few
exams the passing grades were changed depending on the strictness of the
correcting of the bar examinations (1946- 72%, 1947- 69%, 1948- 70% 1949-
74%, 1950-1953 – 75%).

Believing themselves to be fully qualified to practice law as those

reconsidered and passed by the S.C., and feeling that they have been
discriminated against, unsuccessful candidates who obtained averages of a
few percentages lower than those admitted to the bar went to congress for,
and secured in 1951 Senate Bill no. 12, but was vetoed by the president after
he was given advise adverse to it. Not overriding the veto, the senate then
approved senate bill no. 372 embodying substantially the provisions of the
vetoed bill. The bill then became law on June 21, 1953

Republic Act 972 has for its object, according to its author, to admit to the Bar
those candidates who suffered from insufficiency of reading materials and
inadequate preparations. By and large, the law is contrary to public interest
since it qualifies 1,094 law graduates who had inadequate preparation for the
practice of law profession, as evidenced by their failure in the exams.

Issue:

Whether or not Republic Act 927 is unconstitutional?

Ruling :

Under the authority of the court:

1. That the portion of art. 1 of R.A. 972 referring to the examinations of 1946
to 1952 and all of art. 2 of the said law are unconstitutional and therefore void
and w/o force and effect.
2. The part of ART 1 that refers to the examinations subsequent to the
approval of the law (1953- 1955) is valid and shall continue in force. (those
petitions by the candidates who failed the bar from 1946 to 1952 are denied,
and all the candidates who in the examination of 1953 obtained a GEN Ave.
of 71.5% w/o getting a grade of below 50% in any subject are considered as
having passed whether they have filed petitions for admissions or not.)