Manner of Conferment of Power: Implied

a. Doctrine of Necessary Implication: the grant of express power carries with it

the grant of other powers that can be reasonably inferred therefrom
b. Examples
i. Power to promulgate rules of procedure by the Electoral Tribunals
(incident to the power to decide election contests)

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

DECISION
(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 respondents protest. The Electoral Commission however denied his motion.
II.

THE ISSUE

Did 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?
III. THE RULING
[The Court DENIED the petition.]
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 grant of power to the Electoral Commission to judge all contests relating to the election,
returns and qualifications of members of the National Assembly, is intended to be as complete and
unimpaired as if it had remained originally in the legislature. The express lodging of that power in the
Electoral Commission is an implied denial of the exercise of that power by the National Assembly.
xxx.
[T]he 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.
[W]here 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.