Cunanan Case Digest

Facts:
This is a case whereby a law in 1953, the Congress passed a law that so
called Bar Flunkers Act of 1953 or Republic Act No. 972., aroused the general
public, making it a very controversial issue. It is entitled An Act to Fix the Passing
Marks for Bar Examinations from 1946 up to and including 1955. Generally, a
candidate or bar examinee is deemed past if he obtains a general average of 75%
in all subjects without failing 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.
Section 1 of Republic Act No. 972 provided the following passing marks for
bar examinations:
1946..72%
194769%
194870%
194974%
1950-195375%
Section 2 of the Republic Act No. 972 says 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. According to the author of
Republic Act No. 972, it has objects to admit to the Bar those candidates or bar
examinees who suffered from insufficiency of reading materials and inadequate
preparations. The law is contrary to public interest because it qualifies 1,094 law
graduates who had inadequate preparation for becoming a lawyer as evidenced by
failing in their examinations.

Issue:
Whether or not the Republic Act No. 972 in constitutional.

Ruling:

The Court ruled that Section 2 of RA No. 972 was unconstitutional due to the
fatal defect of not being embraced in the title of the Act. As to the title of the law,
the Act should affect only the bar flunkers of 1946 up to 1955 bar examinations.
Section 2 organized a fixed 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.
The court declared the portion of 1946-1951 unconstitutional while for 1953
up to 1955 was valid and shall continue to be in force.