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    Tolentino vs. COMELEC October 16 1971, 41 SCRA 702

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    Monica Feril
    The 1971 Constitutional Convention passed Organic Resolution No. 1 to lower the voting age to 18 and scheduled a plebiscite on the amendment for November 8, 1971. Petitioner Arturo Tolentino argued this was unconstitutional as only Congress has the power to schedule plebiscites, and the Constitution requires all amendments proposed by a convention to be submitted together. However, the court held that Organic Resolution No. 1 was not violative of the Constitution, as requiring separate votes for each proposed amendment would not give voters sufficient time or basis to make an intelligent decision on amendments and their relation to the overall Constitution.

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    Tolentino vs. COMELEC October 16 1971, 41 SCRA 702

    Uploaded by

    Monica Feril
    37 views1 page
    The 1971 Constitutional Convention passed Organic Resolution No. 1 to lower the voting age to 18 and scheduled a plebiscite on the amendment for November 8, 1971. Petitioner Arturo Tolentino argued this was unconstitutional as only Congress has the power to schedule plebiscites, and the Constitution requires all amendments proposed by a convention to be submitted together. However, the court held that Organic Resolution No. 1 was not violative of the Constitution, as requiring separate votes for each proposed amendment would not give voters sufficient time or basis to make an intelligent decision on amendments and their relation to the overall Constitution.

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    Tolentino vs. COMELEC October 16 1971, 41 SCRA 702

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    The 1971 Constitutional Convention passed Organic Resolution No. 1 to lower the voting age to 18 and scheduled a plebiscite on the amendment for November 8, 1971. Petitioner Arturo Tolentino argued this was unconstitutional as only Congress has the power to schedule plebiscites, and the Constitution requires all amendments proposed by a convention to be submitted together. However, the court held that Organic Resolution No. 1 was not violative of the Constitution, as requiring separate votes for each proposed amendment would not give voters sufficient time or basis to make an intelligent decision on amendments and their relation to the overall Constitution.

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    37 views1 page

    Tolentino vs. COMELEC October 16 1971, 41 SCRA 702

    Uploaded by

    Monica Feril
    The 1971 Constitutional Convention passed Organic Resolution No. 1 to lower the voting age to 18 and scheduled a plebiscite on the amendment for November 8, 1971. Petitioner Arturo Tolentino argued this was unconstitutional as only Congress has the power to schedule plebiscites, and the Constitution requires all amendments proposed by a convention to be submitted together. However, the court held that Organic Resolution No. 1 was not violative of the Constitution, as requiring separate votes for each proposed amendment would not give voters sufficient time or basis to make an intelligent decision on amendments and their relation to the overall Constitution.

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    of 1

    FACTS:

    The 1971 Constitutional Convention came into being by virtue of two resolutions of
    the Congress approved in its capacity as a constituent assembly convened for the
    purpose of calling a convention to propose amendments to the Constitution. After
    election of delegates held on November 10, 1970, the Convention held its inaugural
    session on June 1, 1971. In the morning of September 28, 1970, the Convention
    approved Organic Resolution No. 1 which is entitled as, "A RESOLUTION AMENDING
    SECTION 1 OF ARTICLE V OF THE CONSTITUTION SO AS TO LOWER THE VOTING AGE TO 18." On
    September 30, 1971, the COMELEC "resolved" to follow the mandate of the Convention,
    that it will hold the said plebiscite together with the senatorial elections on
    November 8, 1971 .

    Petitioner, Arturo Tolentino, filed a petition for prohibition, its main thrust
    being that Organic Resolution No. 1 and the necessary implementing resolutions
    subsequently approved have no force and effect as laws in so far as they provide
    for the holding of a plebiscite co-incident with the senatorial elections, on the
    ground that the calling and holding of such a plebiscite is, by the Constitution, a
    power lodged exclusively in Congress as a legislative body and may not be exercised
    by the Convention, and that, under Article XV Section 1 of the 1935 Constitution,
    the proposed amendment in question cannot be presented to the people for
    ratification separately from each and all other amendments to be drafted and
    proposed by the Constitution.

    ISSUE:

    Whether or not the Organic Resolution No. 1 of the 1971 Constitutional Convention
    violative to the Constitution.

    HELD:

    NO.

    All the amendments to be proposed by the same Convention must be submitted to the
    people in a single "election" or plebiscite. In order that a plebiscite for the
    ratification of a Constitutional amendment may be validly held, it must provide the
    voter not only sufficient time but ample basis for an intelligent appraisal of the
    nature of the amendment per se but as well as its relation to the other parts of
    the Constitution with which it has to form a harmonious whole.

    In the present context, where the Convention has hardly started considering the
    merits, if not thousands, of proposals to amend the existing Constitution, to
    present to the people any single proposal or a few of them cannot comply with this
    requirement.

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