Albino Cunanan (SEUMAL) jurisprudence are not stationary.
March, 18, 1954 | Diokno, J. | Effect of insufficiency of Title
PETITIONER: Albino Cunanan et al..
SUMMARY
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.”
The law was enacted because 1946 to 1954 examiners suffered from
"insufficiency of reading materials" and of "inadequacy of preparation due to
World War II.
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.”
DOCTRINE:
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.
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. Section 2 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
By the disputed law, Congress has exceeded its legislative power to
repeal, alter and supplement the rules on admission to the Bar. 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
FACTS:
1. The 9,675 candidates who took the examinations from 1946 to 1952, 5,236
passed. And now it is claimed that in addition 604 candidates be admitted
(which in reality total 1,094), because they suffered from "insufficiency of
reading materials" andof "inadequacy of preparation."
2. The insufficiency of legal reading materials is grossly exaggerated. There
were abundant materials. Decisions of this court alone in mimeographed
copies were made available to the public during those years and private
enterprises had also published them in monthly magazines and annual
ISSUE/s:
1. Whether or not the R.A 972 is unconstitutional?
YES
RULING
That (a) the portion of article 1 of Republic Act No. 972 referring to the
examinations of 1946 to 1952, and (b ) all of article 2 of said law are unconstitutional
And, therefore, void and without force and effect.
RATIO:
1. 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.

2. By the disputed law, Congress has exceeded its legislative power to

repeal, alter and supplement the rules on admission to the Bar. 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.

2. The 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.

3. Republic Act No. 972 is contrary to public interest because it qualities 1,094
law graduates who confessedly had inadequate preparation for the practice of
the profession, as was exactly found by this Tribunal in the aforesaid
Examinations. The public interest demands of the legal profession adequate
preparation and efficiency, precisely more so as legal problems evolved by the
times become more difficult.