PRACTICE OF LAW IS A PRIVILEGE

It is worth stressing that the practice of law is not a right but a privilege bestowed by the State upon those who show that they possess, and continue to possess, the qualifications required by law for the conferment of such privilege.10 Membership in the bar is a privilege burdened with conditions. A lawyer has the privilege and right to practice law only during good behavior and can only be deprived of it for misconduct ascertained and declared by judgment of the court after opportunity to be heard has been afforded him. Without invading any constitutional privilege or right, an attorneys right to practice law may be resolved by a proceeding to suspend or disbar him, based on conduct rendering him unfit to hold a license or to exercise the duties and responsibilities of an attorney. It must be understood that the purpose of suspending or disbarring an attorney is to remove from the profession a person whose misconduct has proved him unfit to be entrusted with the duties and responsibilities belonging to an office of an attorney, and thus to protect the public and those charged with the administration of justice, rather than to punish the attorney.11 In Maligsa v. Cabanting,12 we explained that the bar should maintain a high standard of legal proficiency as well as of honesty and fair dealing. A lawyer brings honor to the legal profession by faithfully performing his duties to society, to the bar, to the courts and to his clients. A lawyer should not only help attain these objectives but should likewise avoid any unethical or improper practices that impede, obstruct or prevent their realization, charged as he is with the primary task of assisting in the speedy and efficient administration of justice. "You don't have a right to practice law," he said. "It is a privilege. It is a privilege that some state is going to bestow upon you. And you need to treat it as a privilege. You need to treat it as a blessing that you will be welcomed to the fold."

Legal Profession- In re: Cunanan

FACTS: In recent years few controversial issues have aroused so much public interest and concern as R.A. 972 popularly known as the Bar Flunkers Act of 1953. Generally a candidate is deemed passed if he obtains a general ave of 75% in all subjects w/o falling 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 (1946- 72%, 1947- 69%, 1948- 70% 1949-74%, 1950-1953 75%).

Believing themselves to be fully qualified to practice law as those reconsidered and passed by the S.C.,

and feeling that they have been discriminated against, unsuccessful candidates who obtained averages of a few percentages lower than those admitted to the bar went to congress for, and secured in 1951 Senate Bill no. 12, but was vetoed by the president after he was given advise adverse to it. Not overriding the veto, the senate then approved senate bill no. 372 embodying substantially the provisions of the vetoed bill. The bill then became law on June 21, 1953

Republic Act 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 preparations. By and large, the law is contrary to public interest since it qualifies 1,094 law graduates who had inadequate preparation for the practice of law profession, as evidenced by their failure in the exams.

ISSUES: 1.Whether or not the congress may pass a law lowering the passing rate and declaring those who have flunked the bar as having passed. 2. Whether or not it is unconstitutional. HELD: After the SC has declared candidates for the bar as having flunked the examinations, Congress may not pass a law lowering the passing mark and declaring the same candidates as having passed. This would amount to not just amending the rules but reversing the courts application of an existing rule.

The Constitution, has not conferred on Congress and the S.C. equal responsibilities concerning the admission to the practice of law. The primary power and responsibility which the constitution recognizes continue to reside in this court. Reasons for Unconstitutionality: 1. There was a manifest encroachment on the constitutional responsibility of the Supreme Court. 2. It is in effect a judgment revoking the resolution of the court, and only the S.C. may revise or alter them, in attempting to do so R.A. 972 violated the Constitution. 3. That congress has exceeded its power to repeal, alter, and supplement the rules on admission to the bar (since the rules made by congress must elevate the profession, and those rules promulgated are considered the bare minimum.)

4. It is a class legislation 5. Art. 2 of R.A. 972 is not embraced in the title of the law, contrary to what the constitution enjoins, and being inseparable from the provisions of art. 1, the entire law is void.

Under the authority of the court:

1. That the portion of art. 1 of R.A. 972 referring to the examinations of 1946 to 1952 and all of art. 2 of the said law are unconstitutional and therefore void and w/o force and effect. 2. The part of ART 1 that refers to the examinations subsequent to the approval of the law (19531955) is valid and shall continue in force. (those petitions by the candidates who failed the bar from 1946 to 1952 are denied, and all the candidates who in the examination of 1953 obtained a GEN Ave. of 71.5% w/o getting a grade of below 50% in any subject are considered as having passed whether they have filed petitions for admissions or not.)