IN RE CUNANAN [94 Phil 534; Resolution; 18 Mar 1954]

Facts: Congress passed Republic Act Number 972, commonly known as the “Bar Flunkers’
Act of 1953.” In accordance with the said law, the Supreme Court then passed and admitted
to the bar those candidates who had obtained an average of 72 per cent by raising it to 75
percent.

After its approval, many of the unsuccessful postwar candidates filed petitions for admission
to the bar invoking its provisions, while other motions for the revision of their examination
papers were still pending also invoked the aforesaid law as an additional ground for
admission. There are also others who have sought simply the reconsideration of their grades
without, however, invoking the law in question. To avoid injustice to individual petitioners,
the court first reviewed the motions for reconsideration, irrespective of whether or not they
had invoked RepublicActNo.972.

Issue: Whether or Not RA No. 972 is constitutional and valid.

Held: RA No. 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 preparation.

In the judicial system from which ours has been evolved, the admission, suspension,
disbarment and reinstatement of attorneys at law in the practice of the profession and their
supervision have been indisputably a judicial function and responsibility. We have said that
in the judicial system from which ours has been derived, the admission, suspension,
disbarment or reinstatement of attorneys at law in the practice of the profession is
concededly judicial.

On this matter, there is certainly a clear distinction between the functions of the judicial and
legislative departments of the government.

It is obvious, therefore, that the ultimate power to grant license for the practice of law
belongs exclusively to this Court, and the law passed by Congress on the matter is of
permissive character, or as other authorities may say, merely to fix the minimum conditions
for the license.

Republic Act Number 972 is held to be unconstitutional.

REPUBLIC ACT 6735,

INITIATIVE AND REFERENDUM ACT

R.A. No. 6735 was, as its history reveals, intended to cover initiative to propose
amendments to the Constitution. The Act is a consolidation of House Bill No. 21505 and
Senate Bill No. 17. The former was prepared by the committee on Suffrage and Electoral
Reforms of Representatives on the basis of two House Bills referred to it, viz., (a) House Bill
No. 497, which dealt with the initiative and referendum mentioned in Sections 1 and 32 of
Article VI of the Constitution; and (b) House Bill No. 988, which dealt with the subject
matter of House Bill No. 497, as well as with initiative and referendum under Section 3 of
Article XVII of the Constitution. Senate Bill No. 17 solely, dealt with initiative and
referendum concerning ordinances or resolutions of local government units. The Bicameral
Conference Committee consolidated Senate Bill No. 17 and House Bill No. 21505 into a draft
bill, which was subsequently approved on 8 June 1989 by the Senate and by the House of
Representatives. This approved bill is now R.A. No. 6735.