IN RE CUNANAN 94 PHIL.

534 

FACTS:

Congress passed Rep. Act No. 972, or what is known as the Bar Flunkers Act, in 1952. The title of the law
was, “An Act to Fix the Passing Marks for Bar Examinations from 1946 up to and including 1955.”

Section 1 provided the following passing marks:

1946-1951………………70%

1952 …………………….71%

1953……………………..72%

1954……………………..73%

1955……………………..74%

Provided however, that the examinee shall have no grade lower than 50%.

Section 2 of the Act provided that “A bar candidate who obtained a grade of 75% in any subject shall be
deemed to have already passed that subject and the grade/grades shall be included in the computation
of the general average in subsequent bar examinations.”

ISSUE:

Whether of not, R.A. No. 972 is constitutional.

RULING:

Section 2 was declared unconstitutional due to the fatal defect of not being embraced in the title of the
Act. As per its title, the Act should affect only the bar flunkers of 1946 to 1955 Bar examinations. 
Section2 establishes a permanent system for an indefinite time.  It was also struck down for allowing
partial passing, thus failing to take account of the fact that laws and jurisprudence are not stationary.

As to Section1, the portion for 1946-1951 was declared unconstitutional, while that for 1953 to 1955
was declared in force and effect.  The portion that was stricken down was based under the following
reasons:

1. The law itself admits that the candidates for admission who flunked the bar from 1946 to 1952
had inadequate preparation due to the fact that this was very close to the end of World War II;

2. The law is, in effect, a judgment revoking the resolution of the court on the petitions of the said
candidates;

3. The law is an encroachment on the Court’s primary prerogative to determine who may be
admitted to practice of law and, therefore, in excess of legislative power to repeal, alter and
supplement the Rules of Court. The rules laid down by Congress under this power are only
minimum norms, not designed to substitute the judgment of the court on who can practice law;
and

4. The pretended classification is arbitrary and amounts to class legislation.

As to the portion declared in force and effect, the Court could not muster enough votes to declare it
void. Moreover, the law was passed in 1952, to take effect in 1953. Hence, it will not revoke existing
Supreme Court resolutions denying admission to the bar of an petitioner.  The same may also rationally
fall within the power to Congress to alter, supplement or modify rules of admission to the practice of
law.