TION 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 Conventionviolative to the
Constitution.
HELD:
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 intelligentappraisal 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 themerits, 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. Read full text
Email ThisBlogThis!Share to TwitterShare to FacebookShare to Pinterest
Labels: 1971 Constitutional Convention, 41 SCRA 702, case digest, constitutional law, G.R. No. L34150, October 16 1971, Organic Resolution No. 1, plebiscite,Political Law, Tolentino vs. COMELEC

Free sms text message

Main

Merits

All the amendments

Amend
Newer PostOlder PostHome
Ads By Nuffnang
Blog Archive

2015 (8)
2014 (6)
2013 (79)
September (1)
August (7)
July (56)
June (15)
Followers
Nuffnang Ads
Popular Posts

How to get a Postal ID?

OPOSA VS. FACTORAN
TOLENTINO VS. COMELEC
LAWYERS LEAGUE FOR A BETTER PHILIPPINES vs. PRES. AQUINO
JAVELLANA VS. EXECUTIVE SECRETARY
There was an error in this gadget
Total Pageviews

Infolinks

61,816
Subscribe To

Posts
Comments
Ethereal template. Powered by Blogger.

Searching for 41 scra 702?