G.R. No. 45892 -45893; July 13, 1938
The People of the Philippines vs. Tranquilino Lagman and Primitivo de Sosa

FACTS

Appellants Tranquilino Lagman and Primitivo de Sosa, Filipinos who reached age 20 in 1936, were charged with violating Section 60 of Commonwealth Act No. 1 (National Defense Law) for willfully refusing to register for military service after being duly notified. They admitted the facts but defended that Lagman had a father to support and no military leanings, and de Sosa was fatherless with a mother and young brother to support.

ISSUE

Is Commonwealth Act No. 1 (National Defense Law), which establishes compulsory military service, unconstitutional?

RULING

No. The National Defense Law is constitutional and a faithful compliance with Section 2, Article II of the 1935 Constitution, which states that the defense of the State is a prime duty of government and all citizens may be required by law to render personal military service. The government’s duty to defend the State necessitates an army, and compulsory service is justified for actual defense or preparation for effective defense. The appellants’ family circumstances do not excuse compliance, as the law provides for deferment and allowances for dependents. The appealed judgments convicting the appellants are affirmed.

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