TOLENTINO
VS
COMELEC
FACTS:
 The 1971 Constitutional Convention
came into being by virtue of two
resolutions of the Congress approved
in its capacity as a constituent
assembly convened for the purpose
of calling a convention to propose
amendments to the Constitution.
 After election of delegates held on
November 10, 1970, the Convention
held its inaugural session on June 1,
1971.
 In the morning of September 28,
1970, the Convention approved
Organic Resolution No. 1 which is
entitled as, "A RESOLUTION
AMENDING SECTION 1 OF
ARTICLE V OF THE
CONSTITUTION SO AS TO
LOWER THE VOTING AGE TO
18."
 On September 30, 1971, the
COMELEC "resolved" to follow the
mandate of the Convention, that it
will hold the said plebiscite together
with the senatorial elections on
November 8, 1971.
 Petitioner, Arturo Tolentino, filed a
petition for prohibition, its main
thrust being that Organic Resolution
No. 1 and the necessary
implementing resolutions
subsequently approved have no force
and effect as laws in so far as they
provide for the holding of a
plebiscite co-incident with the
senatorial elections, on the ground
that the calling and holding of such a
plebiscite is, by the Constitution, a
power lodged exclusively in
Congress as a legislative body and
may not be exercised by the
Convention, and that, under Article
XV Section 1 of the 1935
Constitution, the proposed
amendment in question cannot be
presented to the people for
ratification separately from each and
all other amendments to be drafted
and proposed by the Constitution.
ISSUE:
WHETHER OR NOT THE ORGANIC
RESOLUTION NO. 1 OF THE 1971
CONSTITUTIONAL CONVENTION
VIOLATIVE TO THE
CONSTITUTION.
RULING:
No. All the amendments to be proposed by
the same Convention must be submitted to
the people in a single "election" or
plebiscite.
In order that a plebiscite for the ratification
of a Constitutional amendment may be
validly held, it must provide the voter not
only sufficient time but ample basis for an
intelligent appraisal of the nature of the
amendment per se but as well as its relation
to the other parts of the Constitution with
which it has to form a harmonious whole.
In the present context, where the Convention
has hardly started considering the merits, if
not thousands, of proposals to amend the
existing Constitution, to present to the
people any single proposal or a few of them
cannot comply with this requirement.