Title
Tolentino vs. Commission on Elections
Case
G.R. No. L-34150
Decision Date
Nov 4, 1971
Petitioner challenged Organic Resolution No. 1, proposing a provisional voting age amendment, arguing it violated constitutional amendment procedures. Supreme Court ruled it null, requiring all amendments be submitted in a single plebiscite.

Case Digest (G.R. No. L-34150)
Expanded Legal Reasoning Model

Facts:

  • Background of the Case
    • Arturo M. Tolentino (Petitioner) challenged CC Organic Resolution No. 1 of the 1971 Constitutional Convention, which proposed lowering the voting age from 21 to 18 and submitting that change in a plebiscite coinciding with the November 8, 1971 elections, while “without prejudice” to other future amendments.
    • The Supreme Court initially held Organic Resolution No. 1 null and void for failing to conform to Article XV, Section 1 of the Constitution, which prescribes the manner of proposing and submitting amendments.
  • Motions for Reconsideration
    • Respondent Commission on Elections and Convention officers, joined by intervenors, moved for reconsideration, arguing:
      • The Convention, like Congress as a constituent assembly, may submit amendments singly or collectively.
      • The singular phrase “at an election” may include multiple plebiscites.
      • The Court should not review the Convention’s procedural wisdom.
      • The age-reduction amendment is simple and needs no broader constitutional context.
    • Petitioner filed timely answers opposing reconsideration.
  • Constitutional and Historical Context
    • Article XV, Section 1 of the 1935 Constitution (as amended) allows amendments by joint resolution of Congress or by a convention, to be ratified “by a majority of the votes cast at an election at which the amendments are submitted to the people.”
    • Historical practice (1939–1940) shows proposed amendments approved by the National Assembly were submitted only after each constituent session adjourned, and then all amendments voted as a complete set.

Issues:

  • May the Constitutional Convention submit a single, partial amendment (lowering voting age) in advance plebiscite before approving all other proposed amendments?
  • Does the phrase “at an election” permit multiple plebiscites for different amendments?
  • Is the choice of submitting amendments in separate plebiscites a non-justiciable matter of Convention wisdom?
  • Does a simple age-reduction amendment require no constitutional “frame of reference” to be submitted validly?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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