G.R. No. 45990 ; March 31, 1938
MARIANO SANTOS, ET AL., petitioners, vs. SIXTO DE LA COSTA, Judge of First Instance of Rizal, ET AL., respondents.

FACTS

Petitioners were elected municipal councilors of Las Piñas, Rizal, in the December 14, 1937 elections. A protest was filed against them in the Court of First Instance of Rizal on December 29, 1937. Petitioners moved to dismiss the protest, arguing the court lacked jurisdiction because the protest did not contain an allegation that it was filed within the two-week period after proclamation as required by Section 479 of the Election Law. The respondent judge denied the motion to dismiss. Petitioners assail this order via a petition for certiorari.

ISSUE

Whether the election protest was filed within the two-week period prescribed by law, thereby vesting jurisdiction in the court.

RULING

Yes. The protest was filed within the statutory period. The law requires the protest to be filed “within two weeks after the proclamation.” The election was held on December 14, 1937. The proclamation could not have occurred earlier than December 15, the day after the election, given the necessary post-election procedures. Counting from December 15, the filing on December 29 was exactly within the 14-day period. The absence of an express allegation in the protest regarding timely filing is not fatal, as the court can determine timeliness from the facts alleged and matters of judicial notice. The petition for certiorari is denied.

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