IN RE CUNANAN (CASE DIGEST)

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:
1946-195170%
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 Courts 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.