ARTURO M. TOLENTINO vs.

COMMISSION ON ELECTIONS
G.R. No. L-34150 October 16, 1971

FACTS:
The case is a petition for prohibition to restrain respondent
Commission on Elections "from undertaking to hold a plebiscite on
November 8, 1971," at which the proposed constitutional
amendment "reducing the voting age" in Section 1 of Article V of the
Constitution of the Philippines to eighteen years "shall be,
submitted" for ratification by the people pursuant to Organic
Resolution No. 1 of the Constitutional Convention of 1971, and the
subsequent implementing resolutions, by declaring said resolutions
to be without the force and effect of law for being violative of the
Constitution of the Philippines. The Constitutional Convention of
1971 came into being by virtue of two resolutions of the Congress of
the Philippines approved in its capacity as a constituent assembly
convened for the purpose of calling a convention to propose
amendments to the Constitution namely, Resolutions 2 and 4 of the
joint sessions of Congress held on March 16, 1967 and June 17, 1969
respectively. The delegates to the said Convention were all elected
under and by virtue of said resolutions and the implementing
legislation thereof, Republic Act 6132.

ISSUE:
Is it within the powers of the Constitutional Convention of 1971 to
order the holding of a plebiscite for the ratification of the proposed
amendment/s.
HELD: The Court holds that all amendments to be proposed must
be submitted to the people in a single "election" or plebiscite. We
hold that the plebiscite being called for the purpose of submitting
the same for ratification of the people on November 8, 1971 is not
authorized by Section 1 of Article XV of the Constitution, hence all
acts of the Convention and the respondent Comelec in that direction
are null and void. lt says distinctly that either Congress sitting as a
constituent assembly or a convention called for the purpose "may
propose amendments to this Constitution,". The same provision also
as definitely provides that "such amendments shall be valid as part
of this Constitution when approved by a majority of the votes cast
at an election at which the amendments are submitted to the people
for their ratification," thus leaving no room for doubt as to how many
"elections" or plebiscites may be held to ratify any amendment or
amendments proposed by the same constituent assembly of

Congress or convention, and the provision unequivocably says "an

election" which means only one.
The petition herein is granted. Organic Resolution No. 1 of the
Constitutional Convention of 1971 and the implementing acts and
resolutions of the Convention, insofar as they provide for the holding
of a plebiscite on November 8, 1971, as well as the resolution of the
respondent Comelec complying therewith (RR Resolution No. 695)
are hereby declared null and void. The respondents Comelec,
Disbursing Officer, Chief Accountant and Auditor of the
Constitutional Convention are hereby enjoined from taking any
action in compliance with the said organic resolution. In view of the
peculiar circumstances of this case, the Court declares this decision
immediately
executory.
No
costs
.