Case Summary (Resolution)
Statutory and Regulatory Background
Rule 127, Section 14, Rules of Court: Passing requires a 75 % general average with no subject below 50 %.
1946–1949 Bar Exams: Supreme Court admitted candidates with averages of 69 %–74 % by exercise of discretion; restored 75 % standard in 1950–1953.
Legislative Intervention and Enactment of RA 972
Senate Bill No. 12 (1951) sought to reduce passing average to 70 % retroactive to 1946; vetoed by the President.
Senate Bill No. 371 (1953) revised the same reductions (70 % for 1946–1951, 71 % for 1952, 72 % for 1953, rising by 1 % annually to 74 % in 1955); became RA 972 on June 21, 1953, without the President’s signature.
Post-Enactment Petitions and Initial Review
Over 1,000 previously unsuccessful candidates invoked RA 972 for admission; only 604 filed formal petitions.
Supreme Court first reviewed pending motions for reconsideration on merits; found no basis to alter any examinee’s grades.
Constitutional Inquiry and Hearing
Issue framed: Is RA 972 constitutional?
Court invited amici and bar members to present legal memoranda.
Deliberation emphasized separation of powers and historic judicial control over bar admissions.
Judicial Power vs. Legislative Power
Supreme Court’s inherent authority: Admit, suspend, disbar, and reinstate attorneys—a judicial function.
Constitution (Art. VIII, Sec. 13): Supreme Court makes rules on bar admission; Congress may “repeal, alter, or supplement” those rules, but cannot usurp judicial discretion.
Classification and Retroactivity Issues
RA 972 applied year–by–year reductions (1946–1955) to excluded candidates; no factual basis for dividing flunkers by exam year.
Court held such classification arbitrary, unreasonable, and amounting to impermissible class legislation.
Law’s retroactive effect attempted to revoke final resolutions of the Court denying past petitions—impermissible legislative reversal of judicial judgments.
Title Requirement Violation
Article 2 of RA 972 (crediting past subject grades in subsequent exams) was not indicated in the Act’s title, violating Art. VI, Sec. 21(1) of the Constitution.
Supreme Court’s Ruling on Constitutionality
By an 8–1 vote:
• Articles covering 1946–1952 reductions (Article 1) and all of Article 2 are unconstitutional and
Case Syllabus (Resolution)
Background and Facts
- Rule 127, section 14, Rules of Court required a 75% general average and no grade below 50% in any subject for bar admission.
- Post-war variations in examination difficulty led this Court to admit candidates with lower averages:
- 72% in August and November 1946 (after motions for reconsideration)
- 69% in 1947
- 70% in 1948
- 74% in 1949
- Restored to 75% from 1950 onward
- Unsuccessful candidates falling just below those ad hoc standards felt discriminated against, prompting legislative action.
Legislative History
- Senate Bill No. 12 (1951)
- Proposed reducing the passing average to 70% retroactive to July 4, 1946
- Provided installment-style credit for subjects passed
- President Duterte vetoed it, citing class legislation and interference with Supreme Court resolutions
- Senate Bill No. 371 (1953)
- Revised the retroactive passing averages by year (70% for 1946–51; 71% for 1952; 72% for 1953; 73% for 1954; 74% for 1955)
- Restored 75% for subsequent examinations
- Retained carryover of 75% subject grades
- President did not sign or veto; under the Constitution the bill became Republic Act No. 972 on June 21, 1953
Key Provisions of Republic Act No. 972
- Section 1: Retroactive passing averages per exam year (no subject below 50%; fractions rounding up)
- Section 2: Any 75% grade in any subject post–July 4, 1946, deemed passing and carried into future averages
- Section 3: Act takes effect upon approval (became law without Executive signature)
Procedural Posture and Statistical Data
- Affected candidates (1946–1953): 12,230 took exams; 5,421 passed under existing rules; 1,168 fell within RA 972’s grades
- Of these 1,168, 92 later passed subsequent exams; 586 filed motions under RA 972 or for reconsideration
- Additional 10 candidates potentially benefited under Section 2 by consolidating highest subject grades over multiple exams
- Total potentially benefited: 1,094; of whom 604 actually filed petitions
- Court reviewed all pending motions for grade revision—no modifications granted
Issue
- Whether Republic Act No. 972, insofar as it applies retroactively to bar examinations held from 1946 through 1955, is constitutional under the Philippine Constitution, particularly in light