In Re Cunanan

In the Matter of the Petitions for Admission to the Bar of Unsuccessful Candidates of  1946 to 1953; ALBI! CUAA" #$ AL%" &etitioners% March 18, 1954 'AC$() Due to insuffic 'AC$() insufficien iency cy of reading reading materials materials and inadequ inadequate ate preparat preparation ion of the bar  candida candidates tes soon after the liberati liberation on immediat immediately ely after after the Japane Japanese se occupati occupation, on, in 1953, 1953, epublic !ct "o# 9$%, popularly &no'n as the ()ar *lun&ers+ !ct of 1953 'as passed by the ongress# -his reduced the passing general a.erage in bar e/aminations to $0 effecti.e since 1942  72% in 1946, 69% in 1947, 70% in 1948, 74% in 1949, and 75% in 1950 to 1953 #

 !fter its appro.al, many of the unsuccessful post'ar candidates filed petitions for admission to the bar in.o&ing its pro.isions, 'hile others 'hose motions for the re.ision of their e/amination papers 'ere still pending also in.o&ed the aforesaid la' as an additional additional ground for admission# -here are also others 'ho ha.e sought simply the reconsideration of their grades 'ithout, ho'e.er, in.o&ing the la' in question# I((U#) hether or not epublic !ct "o# 9$% is constitutional# *#L+) -he la' is unconstitutional unconstitutional because it is not 'ithin the legislati.e po'ers po'ers of ongress to enact, or ongress has e/ceeded its po'ers#

6nder 6nder the ules of ourt ourt go.e go.erni rning ng admis admissio sion n to the bar, bar, (in order order that that a candid candidate ate for  for  admission to the )ar may be deemed to ha.e passed his e/aminations successfully, he must ha.e obtained a general a.erage of $5 per cent in all sub7ects, 'ithout falling belo' 50 per cent in any sub7ect#( ule 1%$, sec# 14, ules of ourt# )y its declared ob7ecti.e, the la' is contrary to public interest because it qualifies 1,094 la' graduates 'ho confessedly had inadequate preparation for the practice of the profession, as 'as e/actly found by this -ribunal in the aforesaid e/aminations# -he public interest demands of  legal legal professio profession n adequat adequate e preparat preparation ion and efficie efficiency ncy,, precisely precisely more so as legal legal problem problem e.ol.ed by the times become more difficult# !n adequate legal preparation is one of the .ital requisites for the practice of la' that should be de.eloped constantly and maintained firmly# -o the legal profession is entrusted the protection of property, life, honor and ci.il liberties# -o appro.e officially of those inadequately prepared indi.iduals to dedicate themsel.es to such a delicate mission is to create a serious social danger# n the 7udicial system, the admission, suspension, disbarment and reinstatement reinstatement of attorneys attorneys at la' in the practice of the profession and their super.ision ha.e been disputably a 7udicial func functi tion on and and resp respon onsi sibi bili lity ty## n decr decree eein ing g the the bar bar cand candid idat ates es 'ho 'ho obta obtain ined ed in the the bar  bar  e/aminations of 1942 to 195%, a general a.erage of $0 per cent 'ithout falling belo' 50 per  cent in any sub7ect, be admitted in mass to the practice of la', the disputed la' is not a legislation it is a 7udgment : a 7udgment re.o&ing those promulgated by this ourt during the aforecited year affecting the bar candidates concerned and although this ourt certainly can re.o&e these 7udgments e.en no', for 7ustifiable reasons, it is no less certain that only this ourt, and not the legislati.e nor e/ecuti.e department, that may be so# !ny attempt on the part of any of these departments 'ould be a clear usurpation of its functions, as is the case 'ith the la' in question# ;ection 13, article hilippines# : onstitution of  the >hilippines, !rt#