Case Digest (G.R. No. L-34150) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Arturo M. Tolentino v. Commission on Elections (149 Phil. 1, Oct. 16, 1971), petitioner Arturo M. Tolentino sought a writ of prohibition to restrain the Commission on Elections (COMELEC) and the fiscal officers of the 1971 Constitutional Convention from holding a plebiscite on November 8, 1971. The Convention, convened by Congressional Resolutions 2 (March 16, 1967) and 4 (June 17, 1969) under Republic Act 6132, elected delegates on November 10, 1970, and formally organized on June 1, 1971. In the early hours of September 28, 1971, it approved Organic Resolution No. 1, which amended Section 1, Article V of the 1935 Constitution to lower the voting age from twenty-one to eighteen and authorized a November plebiscite, funding it from Convention savings or waived per diems. President Diosdado Macapagal immediately requested COMELEC’s assistance. COMELEC agreed on conditions that the Convention provide and secure ballots and forms. The Convention appointed an Ad Hoc Committee, is Case Digest (G.R. No. L-34150) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Proceedings
- Arturo M. Tolentino (petitioner) filed a petition for prohibition to restrain the Commission on Elections (COMELEC) from holding a plebiscite on November 8, 1971, to ratify the Convention’s proposed amendment lowering the voting age to eighteen years.
- Intervenors composed of nine distinguished delegates of the 1971 Constitutional Convention joined to defend the plebiscite resolution; fiscal officers of the Convention (Disbursing Officer, Chief Accountant, Auditor) were added as indispensable parties.
- Origin and Content of the Proposal
- By Congressional Resolutions (March 16, 1967; June 17, 1969) and Republic Act No. 6132, a Constitutional Convention was convened; delegates elected November 10, 1970, organized June 1, 1971.
- On September 27–28, 1971, the Convention approved Organic Resolution No. 1 amending Article V, Section 1 of the Constitution:
- Voting age lowered from twenty-one to eighteen years.
- Ratification “when approved by a majority of the votes cast in a plebiscite to coincide with local elections in November 1971.”
- Funds (P75,000 or P250 per delegate) appropriated for plebiscite.
- Implementation Steps
- September 28, 1971: President Macapagal requested COMELEC’s assistance pursuant to RA 6132.
- September 30, 1971: COMELEC agreed, subject to conditions on printing, security, and timely delivery of ballots.
- October 7–12, 1971: Convention formed an Ad Hoc Committee; issued implementing guidelines; passed a recess resolution (Nov 1–9) to allow delegates to campaign; confirmed implementation by Resolution No. 24.
- Petitioner’s Allegations
- The Convention usurped Congress’s exclusive power to call plebiscites.
- Article XV, Section 1 of the Constitution requires all proposed amendments by the Convention to be submitted in one election; separate submission of the voting-age amendment is unconstitutional.
Issues:
- Jurisdiction
- Whether the Supreme Court may review and enjoin acts of the Constitutional Convention in calling a plebiscite.
- Scope of Convention Power
- Whether the Constitutional Convention, once convened under Article XV, Section 1, has authority to call and fix the date and manner of a plebiscite for ratification of its proposed amendments.
- Whether the Convention may submit a single amendment separately before completing its full draft, or must submit all amendments in one election.
- Exclusivity of Legislative Power
- Whether the power to call a plebiscite is exclusively legislative and cannot be exercised by the Convention.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)