Tolentino vs. Comelec
G.R. No. L-34150 October 16, 1971
Barredo, J.
FACTS:
A petition for prohibition to restrain the COMELEC “from undertaking to hold a plebiscite on
November 8, 1971” wherein it is proposed to “reduce the voting age” in Section 1 of Article V of
the Constitution of the Philippines to eighteen years. It is to be submitted for ratification by the
people which is pursuant to Organic Resolution No. 1 of the Constitutional Convention of 1971
and implementing its resolutions.
ISSUE:
1. Whether there is a limitation or condition in Section 1 of Article XV of the Constitution
which is violated by the COMELEC by holding a plebiscite on the sole amendment
contained in Organic resolution No. 1?
RULING/DECISION:
1. There is a condition violated by the COMELEC.
RATIO DECIDENDI:
1. There was a violation of the condition and limitation of Section 1, Article XV that all the
amendments to be proposed by the same Convention must be submitted to the people
in a single “election” or plebiscite, the amendments as well must be given to the people
together as a whole and not separately.