2nd Assignment of Cases

of 84
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1. In Re Cunanan IN RE CUNANAN [94 Phil 534; Resolution; 18 Mar 1954] In the Matter of the Petitions for Admission to the Bar of Unsuccessful Candidates of 1946 to 1953; ALBINO CUNANAN, ET AL., petitioners. Resoluti, 1954on March 18 Facts: Congress passed Republic Act Number 972, commonly known as the “Bar Flunkers’ Act of 1953.” In accordance with the said law, the Supreme Court then passed and admitted to the bar those candidates who had obtained an average of 72 per cent by raising it to 75 p
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  1.In Re CunananIN RE CUNANAN [94 Phil 534; Resolution; 18 Mar 1954]In the Matter of the Petitions for Admission to the Bar of Unsuccessful Candidates of 1946 to 1953;ALBINO CUNANAN, ET AL., petitioners.Resoluti, 1954onMarch 18Facts:Congress passed Republic Act Number 972, commonly known asthe “Bar Flunkers’ Act of 1953.” In accordance with the said law,the Supreme Court then passed and admitted to the bar thosecandidates who had obtained an average of 72 per cent by raisingit to 75 percent.After its approval, many of the unsuccessful postwar candidatesfiled petitions for admission to the bar invoking its provisions,while other motions for the revision of their examination paperswere still pending also invoked the aforesaid law as an additionalground for admission. There are also others who have soughtsimply the reconsideration of their grades without, however,invoking the law in question. To avoid injustice to individualpetitioners, the court first reviewed the motions for reconsideration, irrespective of whether or not they had invokedRepublic Act No. 972.Issue: Whether or Not RA No. 972 is constitutional and valid.Held:RA No. 972 has for its object, according to its author, to admit tothe Bar, those candidates who suffered from insufficiency of   reading materials and inadequate preparation.In the judicial system from which ours has been evolved, theadmission, suspension, disbarment and reinstatement of attorneys at law in the practice of the profession and their supervision have been indisputably a judicial function andresponsibility. We have said that in the judicial system from whichours has been derived, the admission, suspension, disbarment or reinstatement of attorneys at law in the practice of the professionis concededly judicial.On this matter, there is certainly a clear distinction between thefunctions of the judicial and legislative departments of thegovernment.It is obvious, therefore, that the ultimate power to grant license for the practice of law belongs exclusively to this Court, and the lawpassed by Congress on the matter is of permissive character, or as other authorities may say, merely to fix the minimum conditionsfor the license.Republic Act Number 972 is held to be unconstitutional.  Republic of the Philippines SUPREME COURT ManilaFIRST DIVISION A.C. No. 6678 October 9, 2006JOCELYN A. SAQUING , complainant,vs. ATTY. NOEL A. MORA, respondent.D E C I S I O N  YNARES-SANTIAGO, J  .: Complainant Jocelyn A. Saquing seeks the disbarment of respondent Atty. Noel A. Mora for grave misconduct for allegedlyconspiring with spouses Paulino and Manuela Mora in inducingher to buy an unregistered parcel of land, and for performing anotarial act without a commission, he being a lawyer of the PublicAttorney’s Office (PAO).Complainant alleged that in June 2004, she bought from thespouses Mora 7,828 square meter parcel of allegedly registeredland located at Sitio Paquiel, Camasi, Peñablanca, Cagayan, for P782,800.00. 1 On July 8, 2004, she paid the amount of P550,000.00 to the spouses Mora at the house of the respondent,  who prepared a handwritten acknowledgment receipt, whichreads: 2 ACKNOWLEDGMENT RECEIPTThis is to acknowledge receipt the amount of FIVEHUNDRED FIFTY THOUSAND PESOS (P550,000.00) fromMS. JOCELYN [A.] SAQUING as partial payment of the Lot108-3, PSU-(2f) 02-165983 Amd 3 with an area of SevenThousand Eight Hundred Twenty Eight (7,828) squaremeters located at Camasi, Peñablanca, Cagayan.The balance in the amount of TWO HUNDRED THIRTYTWO THOUSAND EIGHT HUNDRED PESOS(P232,800.00) shall be paid within the period of three (3)months.Executed this 8 th day of July, 2004 at Tuguegarao City.(Sgd.) JOCELYN [A.]SAQUING(Sgd.) PAULINO MORA(Sgd.) MANUELA ASPAMORASIGNED IN THE PRESENCE OF: ____________________________ SUBSCRIBED AND SWORN to before me this 8 th day of July, 2004 at Tuguegarao.(Sgd.) ATTY. NOEL A.MORA 3
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