CONSTITUTIONAL LAW 1

Arturo Tolentino v. COMELEC

41 SCRA 702
October 16, 1971

FACTS
A Constitutional Convention was formed and started performing its functions in 1971. Later in the same year, it
approved Organic Resolution No.1 submitting to the people for ratification or rejection an isolated amendment to lower
the voting age from 21 to 18 years in Section 1 of Article 5 of the 1935 Constitution. Upon approval of the resolution, the
convention, through its president, wrote to COMELEC, calling for help in the implementation of the resolution.

A petition for prohibition was filed against COMELEC to restrain the respondent “from undertaking to hold a
plebiscite on November 8, 1971” at which the proposed constitutional amendment is to reduce the voting age in Section
1 of Article 5 of the Constitution to 18 years shall be submitted for ratification by the people by declaring the acts of the
respondent performed and to be done by it to be null and void for being violative of the Constitution of the Philippines.

ISSUE
WON the Convention violate the 1935 Constitution by calling for a plebiscite on the sole amendment contained
in Organic Resolution No. 1.

RULING
YES. The Court held that it is the condition and limitation that all amendments proposed by the Convention must
be submitted to the people in a single election or plebiscite. The Court held that the plebiscite being called for the
purpose of submitting the first amendment 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 respondent Comelec in that direction are
null and void.

Convention’s Organic Resolution No.1 and all subsequent acts of the Convention implementing the same violate
the condition in Section 1, Article XV that there should only be one election or plebiscite for the ratification of all the
amendments the Convention may propose. Not denying any right of the people to vote on the proposed amendment;
the Court held that under Section 1, Article XV, the amendment should be submitted to them not separately but
together with all the other amendments to be proposed by the Convention.

The petition is granted. Organic Resolution No. 1 and the implementing acts and resolution of the Convention,
as well as the resolution of the respondent Comelec complying therewith are declared null and void.