In re : Cunanan, 94 Phil.

534 (1954)
Fast factsThe case at bar deals with an RA that, when effected, result in the passage
and admittance to the practice of law of peoplewho have previously flunked the
bar exams. The enactment of the RA will result in the admittance of
additional 1,094candidates.
RA 972An Act to Fix the Passing Marks for Bar Examinations from 1946 up to and
including 1955. Those who deemed to have passed by virtue of the RA shall be
allowed to take and subscribe the corresponding oath of office as member
of thePhilippine Bar.OBJECTIVE: to admit to the bar those candidates who
suffered from insufficiency of reading materials and inadequate preparation.Issue
(WON)RA 972 is constitutional.Requirement of legal professionThe public interest
demands of legal profession adequate preparation and efficiency, precisely more so
as legal problemevolved by the times become more difficult. An adequate legal
preparations one of the vital requisites for the practice of lawthat should be
developed constantly and maintained firmly. To the legal profession is entrusted
the protection of property,life, honor, and civil liberties.Admission to the practice
of lawThe admission, suspension, disbarment, and reinstatement
of attorneys at law in the practice of the profession their supervision have
been indisputably a judicial function and responsibility.Role of CongressMay
repeal, alter, and supplement the rules promulgated by the Court, but the
authority and responsibility over theadmission, suspension, disbarment, and
reinstatement of attorneys at law and their supervision remain vested in the
SC.Discussion of the issueThe law is contrary to public interest because it qualifies
1,094 law graduates who confessedly had inadequate preparationfor the practice of
the profession. To approve officially of those inadequately prepared individual to
dedicate themselves tosuch a delicate mission is to create a serious social danger.
In decreeing that bar candidates who obtained in the bar examsof 1946 to 1952, a
general average of 70%...be admitted in mass to the practice of law, the disputed
law is not a legislation;it is a judgment revoking those promulgated by the Court
during the aforecited year affecting the bar candidates concerned.Although the
Court can certainly revoke these judgments, it is no less certain that only the Court,
and not the legislative (byvirtue of RA) or executive (EO) department may do so.
Otherwise, it will be a usurpation of functions.ResolutionThe RA is partly
unconstitutional and constitutional, the latter being caused by lack of unanimity
amongthe presiding justices.
Notes in class
A law enacted in 1953 (It revoked the judgments the SC has made before as
regards the lawyers theyhave admitted), applied retroactively will in effect give the

Congress the power that should have beenvested solely in the judiciary: violates
separation of powers