Standard

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.