ISSUE: Whether or not Sec. 60 of the Commonwealth Act 1 is constitutional?
FACTS: In 1936, Tranquilino Lagman, a Filipino citizen whom have attained the age of 20, is 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. He 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.
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.”