D E C I S I O N
(En Banc)
LAUREL, J.:
I.
THE FACTS
Petitioner
Jose Angara was proclaimed winner and took his oath of office as member of the
National Assembly of the Commonwealth Government. On December 3, 1935, the
National Assembly passed a resolution confirming the election of those who have
not been subject of an election protest prior to the adoption of the said
resolution.
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.
Citing among others the earlier
resolution of the National Assembly, the petitioner sought the dismissal of
respondent’s protest. The Electoral Commission however denied his motion.
