TOLENTINO vs COMELEC_digest

Facts
The case is a petition for prohibition to restrain respondent Commission on Elections "from
undertaking to hold a plebiscite on November 8, 1971," at which the proposed constitutional
amendment "reducing the voting age" in Section 1 of Article V of the Constitution of the
Philippines to eighteen years "shall be, submitted" for ratification by the people pursuant to
Organic Resolution No. 1 of the Constitutional Convention of 1971, and the subsequent
implementing resolutions, by declaring said resolutions to be without the force and effect of law
for being violative of the Constitution of the Philippines. The Constitutional Convention of 1971
came into being by virtue of two resolutions of the Congress of the Philippines approved in its
capacity as a constituent assembly convened for the purpose of calling a convention to propose
amendments to the Constitution namely, Resolutions 2 and 4 of the joint sessions of Congress
held on March 16, 1967 and June 17, 1969 respectively. The delegates to the said Convention
were all elected under and by virtue of said resolutions and the implementing legislation thereof,
Republic Act 6132.
Issue
Is it within the powers of the Constitutional Convention of 1971 to order the holding of a
plebiscite for the ratification of the proposed amendment/s?
ecision
D
The Court holds that all amendments to be proposed must be submitted to the people in a
single "election" or plebiscite. 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. lt says distinctly that either Congress sitting as a
constituent assembly or a convention called for the purpose "may propose amendments to this
Constitution,". The same provision also as definitely provides that "such amendments shall be
valid as part of this Constitution when approved by a majority of the votes cast at an election at
which the amendments are submitted to the people for their ratification," thus leaving no room
for doubt as to how many "elections" or plebiscites may be held to ratify any amendment or
amendments proposed by the same constituent assembly of Congress or convention, and the
provision unequivocably says "an election" which means only one.
The petition herein is granted. Organic Resolution No. 1 of the Constitutional Convention of
1971 and the implementing acts and resolutions of the Convention, insofar as they provide for
the holding of a plebiscite on November 8, 1971, as well as the resolution of the respondent
Comelec complying therewith (RR Resolution No. 695) are hereby declared null and void. The
respondents Comelec, Disbursing Officer, Chief Accountant and Auditor of the Constitutional
Convention are hereby enjoined from taking any action in compliance with the said organic
resolution. In view of the peculiar circumstances of this case, the Court declares this decision
immediately executory.