In Re: Cunanan (1954) (Bar Flunkers Law)

Doctrines: Facts: Unsuccessful candidates who obtained averages of a few percentage lower than those admitted to the Bar agitated in Congress for, and secured in 1951 the passage of Senate Bill No. 12 which, among others, reduced the passing general average in bar examinations to 70 per cent effective since 1946. The President requested the views of this court on the bill. Complying with that request, seven members of the court subscribed to and submitted written comments adverse thereto, and shortly thereafter the President vetoed it. Congress did not override the veto. Instead, it approved Senate Bill No. 371, embodying substantially the provisions of the vetoed bill. Although the members of this court reiterated their unfavorable views on the matter, the President allowed the bill to become a law on June 21, 1953 without his signature. Republic Act Number 972, commonly known as the Bar Flunkers Act of 1953 admitted to the bar those candidates (they took they Bar examinations during the war so reading materials were scarce) who had obtained an average of 72 per cent by raising it to 75 percent. After its approval, many of the unsuccessful postwar candidates filed petitions for admission to the bar invoking its provisions, while other motions for the revision of their examination papers were still pending also invoked the aforesaid law as an additional ground for admission. There are also others who have sought simply the reconsideration of their grades without, however, invoking the law in question. Issues: W/N RA No. 972 is constitutional and valid. Held/Ratio: No. It is the primary and inherent prerogative of the Supreme Court to render the ultimate decision on who may be admitted and may continue in the practice of law according to existing rules.

1. The law decrees the admission to the Bar of these candidates, depriving this Tribunal of the
opportunity to determine if they are at present already prepared to become members of the Bar. It obliges the Tribunal to perform something contrary to reason and in an arbitrary manner. This is a manifest encroachment on the constitutional responsibility of the Supreme Court.

2. A judgment revoking the resolution of this Court on the petitions of these 810 candidates, without
having examined their respective examination papers, and although it is admitted that this Tribunal may reconsider said resolution at any time for justifiable reasons, only this Court and no other may revise and alter them. In attempting to do it directly Republic Act No. 972 violated the Constitution.

3. By the disputed law, Congress has exceeded its legislative power to repeal, alter and supplement
the rules on admission to the Bar. It is the primary and inherent prerogative of the Supreme Court to render the ultimate decision on who may be admitted and may continue in the practice of law according to existing rules.