TOLENTINO V.

COMELEC
No. L-34150, 41 SCRA 702, October 16, 1971

FACTS:

The first Organic Resolution approved by the 1971 Constitutional Convention proposed
to reduce the voting age from 21 to 18 years of age. It was also provided therein that
the plebiscite to ratify such partial amendment shall coincide with the local elections in
November 1971 and shall be without prejudice to other amendments that will be
proposed in the future by the same Convention. Petitioners now seek to restrain
COMELEC on acting on such resolution.

ISSUE:

May amendments to the Constitution be submitted to the electorate for ratification

partially without prejudice to the future amendments that may be proposed by the
Constitutional Convention?

HELD:

No. Article XV, Section 1 of the 1935 Constitution clearly provides that “such
amendments shall be valid as part of the Constitution when approved by a majority of
the votes cast at an election at which the amendments are submitted to the people for
ratification”, thus leaving no room for doubts as to how many elections or plebiscites
may be held to ratify any amendment/s proposed by the same Convention. The
provision unequivocally says “an election” which means only one. In order that the
plebiscite may be valid, it must provide the voter not only sufficient time but ample basis
for an intelligent appraisal of the nature of the amendment per se as well as its relation
to the other parts with which it has to form a harmonious whole. In the case at bar, the
Convention has hardly started considering the merits of the proposals. To present to the
people any single proposal cannot comply with this requirement. There is here no
proper submission.