ARTURO M. TOLENTINO, petitioner, vs.

COMMISSION ON ELECTIONS, and THE CHIEF

ACCOUNTANT, THE AUDITOR, and THE DISBURSING OFFICER OF THE 1971
CONSTITUTIONAL CONVENTION, respondents.
G.R. No. L-34150, October 16, 1971, Justice Antonio Barredo

FACTS:

Respondent Officer of the 1971 Constitutional Convention held its inaugural session, wherein the
Organic Resolution No. 1 which seeks to amend Section 1 of Article V of the Constitution, lowering
the voting age to 18, was approved. Respondent COMELEC then, resolved to inform the
Constitutional Convention that it will hold the plebiscite together with the senatorial elections on
November 8, 1971.

Petitioner Tolentino filed a petition for prohibition against Respondent COMELEC and prayed that
Organic Resolution No. 1 and acts in obedience to the resolution be null and void.

ISSUE:

Whether or not Organic Resolution No. 1 was constitutional.

HELD:

No. The Court declared that, the case at bar is justiciable. The jurisdiction is not because the Court is
superior to the Convention but they are both subject to the Constitution. However, the act of the
Convention calling for a plebiscite on a single amendment in Organic Resolution No. 1 violated Sec.
1 of Article XV of the Constitution which states that all amendments must be submitted to the people
in a single election or plebiscite. Moreover, the voter must be provided sufficient time and ample
basis to assess the amendment in relation to the other parts of the Constitution, not separately but
together.