Angara v.

Electoral Commission,
G.R. No. L-45081, July 15, 1936


FACTS

Jose Angara the petitioner was proclaimed winner and took his oath of office as member of
the National Assembly of the Commonwealth Government. On December 8, 1935, however, private
respondent Pedro Ynsua filed an election protest against the petitioner before the Electoral
Commission of the National Assembly. The following day, December 9, 1935, the Electoral
Commission adopted its own resolution providing that it will not consider any election protest that
was not submitted on or before December 9, 1935. The petitioner sought the dismissal of
respondents protest. The Electoral Commission however denied his motion.

ISSUE

Whether or not the Electoral Commission act without or in excess of its jurisdiction in taking
cognizance of the protest filed against the election of the petitioner notwithstanding the previous
confirmation of such election by resolution of the National Assembly?

RULING

NO, the Electoral Commission did not act without or in excess of its jurisdiction in
taking cognizance of the protest filed against the election of the petitioner notwithstanding
the previous confirmation of such election by resolution of the National Assembly.

The Electoral Commission acted within the legitimate exercise of its constitutional
prerogative in assuming to take cognizance of the protest filed by the respondent Ynsua against the
election of the petitioner Angara, and that the earlier resolution of the National Assembly cannot in
any manner toll the time for filing election protests against members of the National Assembly, nor
prevent the filing of a protest within such time as the rules of the Electoral Commission might
prescribe.
The creation of the Electoral Commission carried with it ex necesitate rei the power
regulative in character to limit the time with which protests intrusted to its cognizance should be filed.
Where a general power is conferred or duty enjoined, every particular power necessary for the
exercise of the one or the performance of the other is also conferred. In the absence of any further
constitutional provision relating to the procedure to be followed in filing protests before the Electoral
Commission, therefore, the incidental power to promulgate such rules necessary for the proper
exercise of its exclusive power to judge all contests relating to the election, returns and qualifications
of members of the National Assembly, must be deemed by necessary implication to have been
lodged also in the Electoral Commission. The petition is denied.