Bar Flunkers

BAR Flunkers of 1946-1953
Resolution March 18, 1954

Associate Justice DIOKNO
In the Matter of the Petitions for Admission to the

Bar of Unsuccessful Candidates of 1946 to 1953;
ALBINO CUNANAN, ET AL., petitioners.
FACTS
 In recent years few controversial issues have aroused so much public interest and concern as Republic
Act No. 972, popularly known as the "Bar Flunkers' Act of 1953."
 Wherein several BAR taker failed the exam due to difficulties of the different bar examinations
 Generally a candidate is deemed passed if he obtains a general average 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
Whether or Not REPUBLIC ACT NO. 972 is deemed UNCONSTITUTIONAL
HELD
R.A 972 is unconstitutional on the following grounds: first, because they are not within the legislative powers
of Congress to enact, or Congress has exceeded its powers; second, because they create or establish arbitrary
methods or forms that infringe constitutional principles; and third, because their purposes or effects violate the
Constitution or its basic principles. As has already been seen, the contested law suffers from these fatal
defects.
1. 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 (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.)
Due to the far reaching effects that this law would have on the legal profession and the administration of
justice, the S.C. would seek to know if it is CONSTITUTIONAL.
 An adequate legal preparation is one of the vital requisites for the practice of the law that should be
developed constantly and maintained firmly.
 The Judicial system from which ours has been derived, the act of admitting, suspending, disbarring,
and reinstating attorneys at law in the practice of the profession is concededly judicial.
 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.
 Its retroactivity is invalid in such a way, that what the law seeks to “cure” are not the rules set in place
by the S.C. but the lack of will or the defect in judgment of the court, and this power is not included in
the power granted by the Const. to Congress, it lies exclusively w/in the judiciary.
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.

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BAR Flunkers of 1946-1953

Resolution March 18, 1954

In the Matter of the Petitions for Admission to the

Reasons for Unconstitutionality:

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