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    Tolentino VS Comelec

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    Albert Rosete
    The 1971 Constitutional Convention approved Organic Resolution No. 1 to lower the voting age to 18 and scheduled a plebiscite on this amendment along with upcoming senatorial elections. Petitioner Tolentino argued this was unconstitutional as only Congress has the power to call plebiscites. However, the Supreme Court ruled the plebiscite was valid since all amendments proposed by the same Convention must be submitted together, and presenting amendments piecemeal does not allow voters to properly evaluate changes in relation to the whole Constitution. Therefore, holding the plebiscite with the elections was constitutional.

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    Tolentino VS Comelec

    Uploaded by

    Albert Rosete
    87 views1 page
    The 1971 Constitutional Convention approved Organic Resolution No. 1 to lower the voting age to 18 and scheduled a plebiscite on this amendment along with upcoming senatorial elections. Petitioner Tolentino argued this was unconstitutional as only Congress has the power to call plebiscites. However, the Supreme Court ruled the plebiscite was valid since all amendments proposed by the same Convention must be submitted together, and presenting amendments piecemeal does not allow voters to properly evaluate changes in relation to the whole Constitution. Therefore, holding the plebiscite with the elections was constitutional.

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    Original Title

    TOLENTINO VS COMELEC

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    The 1971 Constitutional Convention approved Organic Resolution No. 1 to lower the voting age to 18 and scheduled a plebiscite on this amendment along with upcoming senatorial elections. Petitioner Tolentino argued this was unconstitutional as only Congress has the power to call plebiscites. However, the Supreme Court ruled the plebiscite was valid since all amendments proposed by the same Convention must be submitted together, and presenting amendments piecemeal does not allow voters to properly evaluate changes in relation to the whole Constitution. Therefore, holding the plebiscite with the elections was constitutional.

    Copyright:

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

    Tolentino VS Comelec

    Uploaded by

    Albert Rosete
    The 1971 Constitutional Convention approved Organic Resolution No. 1 to lower the voting age to 18 and scheduled a plebiscite on this amendment along with upcoming senatorial elections. Petitioner Tolentino argued this was unconstitutional as only Congress has the power to call plebiscites. However, the Supreme Court ruled the plebiscite was valid since all amendments proposed by the same Convention must be submitted together, and presenting amendments piecemeal does not allow voters to properly evaluate changes in relation to the whole Constitution. Therefore, holding the plebiscite with the elections was constitutional.

    Copyright:

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

    TOLENTINO senatorial elections, on the ground

    VS that the calling and holding of such a


    plebiscite is, by the Constitution, a
    COMELEC
    power lodged exclusively in
    Congress as a legislative body and
    FACTS: may not be exercised by the
    Convention, and that, under Article
     The 1971 Constitutional Convention XV Section 1 of the 1935
    came into being by virtue of two Constitution, the proposed
    resolutions of the Congress approved amendment in question cannot be
    in its capacity as a constituent presented to the people for
    assembly convened for the purpose ratification separately from each and
    of calling a convention to propose all other amendments to be drafted
    amendments to the Constitution. and proposed by the Constitution.

     After election of delegates held on


    ISSUE:
    November 10, 1970, the Convention
    WHETHER OR NOT THE ORGANIC
    held its inaugural session on June 1,
    RESOLUTION NO. 1 OF THE 1971
    1971.
    CONSTITUTIONAL CONVENTION
    VIOLATIVE TO THE
     In the morning of September 28,
    CONSTITUTION.
    1970, the Convention approved
    Organic Resolution No. 1 which is
    RULING:
    entitled as, "A RESOLUTION
    AMENDING SECTION 1 OF
    No. All the amendments to be proposed by
    ARTICLE V OF THE
    the same Convention must be submitted to
    CONSTITUTION SO AS TO
    the people in a single "election" or
    LOWER THE VOTING AGE TO
    plebiscite.
    18."
    In order that a plebiscite for the ratification
     On September 30, 1971, the of a Constitutional amendment may be
    COMELEC "resolved" to follow the validly held, it must provide the voter not
    mandate of the Convention, that it only sufficient time but ample basis for an
    will hold the said plebiscite together intelligent appraisal of the nature of the
    with the senatorial elections on amendment per se but as well as its relation
    November 8, 1971. to the other parts of the Constitution with
    which it has to form a harmonious whole.
     Petitioner, Arturo Tolentino, filed a
    petition for prohibition, its main In the present context, where the Convention
    thrust being that Organic Resolution has hardly started considering the merits, if
    No. 1 and the necessary not thousands, of proposals to amend the
    implementing resolutions existing Constitution, to present to the
    subsequently approved have no force people any single proposal or a few of them
    and effect as laws in so far as they cannot comply with this requirement.
    provide for the holding of a
    plebiscite co-incident with the

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