Parties: Arturo Tolentino - Petitioner

COMELEC - Respondent

Facts:

The Constitutional Convention of 1971 came into being by virtue of two resolutions of the Congress of the
Philippines by Resolutions No. 2 and 4 on March 16, 1967 and June 17, 1969, respectively.

On November 10, 1970, the delegates were elected. The Convention has its inaugural session on June 1, 1971.
Three months later, the Constitutional Convention approved Organic Resolution No. 1. Constitutional Convention OR
No. 1 lowered the voting age to 18 years old and made women qualified to vote.

President Diosdado Macapagal sent letter to Comelec calling upon it to implement the resolution. A day later,
Comelec resolved to inform the Constitutional Convention that it will hold the plebiscite. Constitutional Convention then
passed a series of resolutions to continue with the plebiscite. Plebiscite was scheduled on November 8, 1971, which is
the same day for the elections of other government officials.

Petitioner assailed COMELEC’s resolution and the holding of the plebscite, arguing that:

 the calling and holding of such a plebiscite is, by Constitution, a power lodged exclusively in Congress.

 the proposed amendment in question cannot be presented to the people for ratification separately from each and
all of the other amendments. (Sec. 1, Art. XV – partly stated above)

The COMELEC argued that the power to provide for, fix the date and lay down the details of the plebiscite is within the
authority of the Constitutional Convention and that this power includes that of submitting such amendments either
individually or jointly.

ISSUES:

WON Constitutional Convention is governed by the Constitution.

WON the plebiscite initiated by the Constitutional Convention, and to be held by the COMELEC is constitutional

RATIO:

The Constitutional Convention is governed by the Constitution.

As a creature of the Constitution, the Constitutional Convention is governed by the same Constitution that created
it. This Convention has not been called by the people, that is, revolutionary convention). Consequently, it is not
completely without restrain and omnipotent all wise. Therefore, it is subject to the constraints imposed upon it by the
Constitution.

The plebiscite initiated by the Constitutional Convention, and to be held by the Comelec, is not constitutional.

The plebiscite is against Sec. 1, Article of the 1935 Constitution, which provides that:

The Court holds that there is, and it is the condition and limitation that all the amendments to be proposed by
the same Convention must be submitted to the people in a single "election" or plebiscite. It being indisputable that
the amendment now proposed to be submitted to a plebiscite is only the first amendment the Convention propose
We hold that the plebiscite being called for the purpose of submitting the same for ratification of the people on
November 8, 1971 is not authorized by Section 1 of Article XV of the Constitution, hence all acts of the
Convention and the respondent Comelec in that direction are null and void.

CC ORGANIC RESOLUTION NO. 1

A RESOLUTION AMENDING SECTION ONE OF ARTICLE V OF THE CONSTITUTION OF THE PHILIPPINES SO AS TO

LOWER THE VOTING AGE TO 18

BE IT RESOLVED as it is hereby resolved by the 1971 Constitutional Convention:

Section 1. Section One of Article V of the Constitution of the Philippines is amended to as follows:

Section 1. Suffrage may be exercised by (male) citizens of the Philippines not otherwise disqualified by law, who are
(twenty-one) EIGHTEEN years or over and are able to read and write, and who shall have resided in the Philippines for one
year and in the municipality wherein they propose to vote for at least six months preceding the election.

Section 2. This amendment shall be valid as part of the Constitution of the Philippines when approved by a majority of the
votes cast in a plebiscite to coincide with the local elections in November 1971.

Section 3. This partial amendment, which refers only to the age qualification for the exercise of suffrage shall be without
prejudice to other amendments that will be proposed in the future by the 1971 Constitutional Convention on other portions
of the amended Section or on other portions of the entire Constitution.