TITLE FACTS ISSUE(S) RULING(S)

In Re Relevant Facts: Whether of Section 2 was declared unconstitutional due to the fatal
Cunanan not, R.A. No. defect of not being embraced in the title of the Act. As
1. Congress passed Rep. Act No. 972, or what is known as the Bar Flunkers Act, in 972 is per its title, the Act should affect only the bar flunkers of
1952. constitutional? 1946 to 1955 Bar examinations. Section2 establishes a
2. The title of the law was, “An Act to Fix the Passing Marks for Bar Examinations permanent system for an indefinite time. It was also
from 1946 up to and including 1955.” struck down for allowing partial passing, thus failing to
3. Section 1 provided the following passing marks: take account of the fact that laws and jurisprudence are
1946-1951………………70% not stationary.
1952 …………………….71%
1953……………………..72% As to Section1, the portion for 1946-1951 was declared
1954……………………..73% unconstitutional, while that for 1953 to 1955 was
1955……………………..74% declared in force and effect. The portion that was
stricken down was based under the following reasons:
Provided however, that the examinee shall have no grade lower than 50%. 1. The law itself admits that the candidates for
4. Section 2 of the Act provided that “A bar candidate who obtained a grade of admission who flunked the bar from 1946 to
75% in any subject shall be deemed to have already passed that subject and the 1952 had inadequate preparation due to the
grade/grades shall be included in the computation of the general average in fact that this was very close to the end of World
subsequent bar examinations.” War II;
2. The law is, in effect, a judgment revoking the
Additional Info:
resolution of the court on the petitions of the
1. SECTION 1. Notwithstanding the provisions of section fourteen, said candidates;
Rule numbered on hundred twenty-seven of the Rules of Court, any 3. The law is an encroachment on the Court’s
bar candidate who obtained a general average of seventy per cent primary prerogative to determine who may be
in any bar examinations after July fourth, nineteen hundred and admitted to practice of law and, therefore, in
forty-six up to the August nineteen hundred and fifty-one bar excess of legislative power to repeal, alter and
examinations; seventy-one per cent in the nineteen hundred and supplement the Rules of Court. The rules laid
fifty-two bar examinations; seventy-two per cent in the nineteen down by Congress under this power are only
hundred and fifty-three bar examinations; seventy-three per cent minimum norms, not designed to substitute the
in the nineteen hundred and fifty-four bar examinations; seventy- judgment of the court on who can practice law;
four per cent in the nineteen hundred and fifty-five bar and
examinations without a candidate obtaining a grade below fifty per 4. The pretended classification is arbitrary and
cent in any subject, shall be allowed to take and subscribe the
amounts to class legislation.
corresponding oath of office as member of the Philippine Bar:
Provided, however, That for the purpose of this Act, any exact one- As to the portion declared in force and effect, the Court
half or more of a fraction, shall be considered as one and included could not muster enough votes to declare it void.
as part of the next whole number. Moreover, the law was passed in 1952, to take effect in
1953. Hence, it will not revoke existing Supreme Court
SEC. 2. Any bar candidate who obtained a grade of seventy-five resolutions denying admission to the bar of an
per cent in any subject in any bar examination after July fourth, petitioner. The same may also rationally fall within the
 nineteen hundred and forty-six shall be deemed to have passed in power to Congress to alter, supplement or modify rules
such subject or subjects and such grade or grades shall be included of admission to the practice of law.
in computing the passing general average that said candidate may
obtain in any subsequent examinations that he may take.
2. “The distinction between the functions of the legislative and the judicial that the ultimate power to grant license for the
departments is that it is the province of the legislature to establish rules that practice of law belongs exclusively to this Court,
shall regulate and govern in matters of transactions occurring subsequent to the and the law passed by Congress on the matter
legislative action, while the judiciary determines rights and obligations with is of permissive character, or as other
reference to transactions that are past or conditions that exist at the time of the authorities say, merely to fix the minimum
exercise of judicial power, and the distinction is a vital one and not subject to conditions for the license.
alteration or change either by legislative action or by judicial decrees.

"The judiciary cannot consent that its province shall be invaded by

either of the other departments of the government." — 16 C. J. S.,
Constitutional Law, p. 229.
3. The unsuccessful candidates totaling 604 directly affected by this
resolution. Adding 490 candidates who have not presented any Additional:
petition, they reach a total of 1,094.

4. Article VII, Section 10 1935 constitution, “All cases involving the 1. That the portion of Sec. 1 of R.A. 972 referring to the
constitutionality of treaty or law shall be heard and decided by the examinations of 1946 to 1952 and all of sec. 2 of the said
Supreme Court in banc, and no treaty or law may be declared law are unconstitutional and therefore void and w/o
unconstitutional without the concurrence of two-thirds of all the members force and effect.
of the Court.”
2. The part of Sec 1 that refers to the examinations
subsequent to the approval of the law (1953- 1955) 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.)
Upon mature deliberation by this Court, after
hearing and availing of the magnificent and
impassioned discussion of the contested law by
our Chief Justice at the opening and close of the
debate among the members of the Court, and
after hearing the judicious observations of two
of our beloved colleagues who since the
beginning have announced their decision not to
take part in voting, we, the eight members of
the Court who subscribe to this decision have
voted and resolved, and have decided for the
Court, and under the authority of the same: chanrob1es virtual 1aw library

1. That (a) the portion of article 1 of Republic

Act No. 972 referring to the examinations of
1946 to 1952, and (b) all of article 2 of said law
are unconstitutional and, therefore, void and
without force and effect.

2. That, for lack of unanimity in the eight

Justices, that part of article 1 which refers to
the examinations subsequent to the approval of
the law, that is from 1953 to 1955 inclusive, is
valid and shall continue to be in force, in
conformity with section 10, article VII of the
Constitution.

Consequently, (1) all the above-mentioned

petitions of the candidates who failed in the
examinations of 1946 to 1952 inclusive are
denied, and (2) all candidates who in the
examinations of 1953 obtained a general
average of 71.5 per cent or more, without
having a grade below 50 per cent in any
subject, are considered as having passed,
whether they have filed petitions for admission
or not. After this decision has become final,
they shall be permitted to take and subscribe
the corresponding oath of office as members of
the Bar on the date or dates that the Chief
Justice may set. So ordered.