Legally Yours,  Political Law

Tolentino v. COMELEC

Tolentino v. COMELEC

G.R. No. L-34150; October 16, 1971
Ponente: Barredo, J.


After the election of delegates to the Constitutional Convention held on November 10, 1970, the convention held its inaugural session on June 1, 1971. On the early morning of September 28, 1971, the Convention approved Organic Resolution No. 1 which seeks to amend Section 1 of Article V of the Constitution, lowering the voting age to 18. On September 30, 1971, COMELEC resolved to inform the Constitutional Convention that it will hold the plebiscite together with the senatorial elections on November 8, 1971. Arturo Tolentino filed a petition for prohibition against COMELEC and prayed that Organic Resolution No. 1 and acts in obedience to the resolution be null and void.


1.    Does the court have jurisdiction over the case?
2.    Is the Organic Resolution No. 1 constitutional?


1.    The case at bar is justiciable. As held in Gonzales vs. Comelec, the issue of whether or not a resolution of Congress, acting as a constituent assembly, violates the constitution is a justiciable one and thus subject to judicial review. The jurisdiction is not because the Court is superior to the Convention but they are both subject to the Constitution.

2.    The act of the Convention calling for a plebiscite on a single amendment in Organic Resolution No. 1 violated Sec. 1 of Article XV of the Constitution which states that all amendments must be submitted to the people in a single election or plebiscite. Moreover, the voter must be provided sufficient time and ample basis to assess the amendment in relation to the other parts of the Constitution, not separately but together.

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