People vs Lagman & Sosa GR L-45892, GR L-45893, July 13, 1938

 

People vs Lagman & Sosa 

GR L-45892, GR L-45893, July 13, 1938

FACTS:  In 1936, Tranquilino Lagman, and Primitivo Sosa,  Filipino citizens whom have attained the age of 20,  are being compelled by Section 60 of the Commonwealth Act 1, otherwise known as the  “National Defense Law’ to join and render the military service. Lagman refused to join  the military and argued the provision was unconstitutional. Sosa is fatherless, has a mother and a brother to support; Lagman also defended that  reason he does not want to serve the military is because he has a father to support, has  no military leanings and he does not wish to kill or be killed.

ISSUE:  Whether or not Sec. 60 of the Commonwealth Act 1  is constitutional?

 

DECISION:  Yes. Sec. 60 of Commonwealth Act 1 is constitutional. 

​RATIO DECIDENDI:  Because it is the duty of the Government to defend the State cannot be performed except through  an army. Thus, the National Defense Law, may require its citizens to compulsory render military  service. Sec. 4, Art. II of the Constitution states that “The prime duty of government, and in the  fulfillment of this duty all citizens may be required by law to render personal military or civil  service.”  

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