9/7/2019 People vs.

Lagman Digest | Military Service | Constitutional Law

Search   Sign In Join

Documents  Politics & Current Affairs  Politics

RELATED TITLES
4.9K views 2 0

People vs. Lagman Digest

Uploaded by Chic Pabalan 
PEOPLE vs. LAGMAN G.R. Nos. L-45892 and
45893 Full description

    Calalang vs. The Financial 47 - Digest-Ondoy

Williams [Digest… Incentives of W… v Ignacio
Save Embed Share Print

Download Now 1 of 1  Search document 

 

PEOPLE vs. LAGMAN

G.R. Nos. L-45892 and 45893

FACTS:
Appellants Tranquilino Lagman and Primitivo de Sosa are charged with a violation
of section 60 of Commonwealth Act No. 1, known as the National Defense Law. It
is alleged that these two appellants, being Filipinos and having reached the age
of twenty years in 1936, willfully and unlawfully refused to register in the mi
litary service between the 1st and 7th of April of said year, even though they h
ad been required to do so. The two appellants were duly notified to appear befor
e the Acceptance Board in order to register for military service but still did n
ot register up to the date of the filing of the information.
Appellants argue that they did not register because de Sosa is fatherless and ha
s a mother and a brother eight years old to support, and Lagman also has a fathe
r to support, has no military learnings, and does not wish to kill or be killed.
 
The Court of First Instance sentenced them both to one month and one day of impr
isonment, with the costs.

ISSUE:
WON the National Defense Law (Sec 60, Commonwealth Act No. 1) was constitutional
by virtue of Section 2, Article II of the Constitution which states that:
SEC. 2. The defense of the state is a prime duty of government, and in the fulfi
llment of this duty all citizens may be required by law to render personal milit
ary or civil service.
HELD:
YES. Decision of CFI affirmed. The National Defense Law, in so far as it establi
shes compulsory military service, does not go against this constitutional provis
ion but is, on the contrary, in faithful compliance therewith. The duty of the G
overnment to defend the State cannot be performed except through an army. To lea
ve the organization of an army to the will of the citizens would be to make this
duty of the Government excusable should there be no sufficient men who voluntee
r to enlist therein.
In US cases, it was stated that the right of the Government to require compulsor
y military service is a consequence of its duty to defend the State; and, that a
person may be compelled by forceâ¦to take his place in the ranks of the army of his
country, and risk the chance of being shot down in its defense.
What justifies compulsory military service is the defense of the State, whether
actual or whether
circumstances of in
thepreparation
appellants to
do make it more
not excuse effective,
them in duty
from their case of
to need. The
present t
hemselves before the Acceptance Board because they can obtain the proper pecunia
ry allowance to attend to these family responsibilities (secs. 65 and 69 of Comm
onwealth Act No. 1).

https://www.scribd.com/doc/101740473/People-vs-Lagman-Digest 1/4
9/7/2019 People vs. Lagman Digest | Military Service | Constitutional Law

Related titles Search   Sign In Join

Reward Your Curiosity

Everything you want to read.
Anytime. Anywhere. Any device.
Veterans The Financial 47 - Digest-Ondoy Harvard Law People v Lagman The Forces of Wa
Manpower… Incentives of W… v Ignacio Review: Volume… & Sosa, 66… Volunteers to…
Read Free For 30 Days

No Commitment. Cancel anytime.

Share this document

    

Related Interests
Military Service Constitutional Law Public Sphere Common Law Virtue

Related Searches
Madame Chic Lagman Chic Chic Cicero Lagman Vs Medialdea

Documents Similar To People vs. Lagman Digest

https://www.scribd.com/doc/101740473/People-vs-Lagman-Digest 2/4
9/7/2019 People vs. Lagman Digest | Military Service | Constitutional Law

Calalang vs. 47 - Digest-Ondoy v People v Lagman Digest- Kuroda v Sanders vs. V

Related
Williams titles
[Digeste… Ignacio
Search & Sosa, 66…
 Jalandoni  Veridiano
Sign InCase…Join V
UPLOADED BY UPLOADED BY UPLOADED BY UPLOADED BY UPLOADED BY U
Amethyst Vivo… Tin gerardmcastillo amberspankto… unbeatable38

More From Chic Pabalan

Veterans The Financial 47 - Digest-Ondoy Harvard Law People v Lagman  of Wa

The Forces
Manpower… Incentives of W… v Ignacio Review: Volume… & Sosa, 66… Volunteers to…

2. Panaguiton v. People vs CA and Waterfront Strike and Lockout Civil law case 0
DOJ Tangan Philippines v. CIR UPLOADED BY digest C
UPLOADED BY UPLOADED BY UPLOADED BY Chic Pabalan UPLOADED BY U
Frederick Xavi… Chic Pabalan Chic Pabalan Chic Pabalan

Popular in Judiciary (System Of Justice)

Gwinnett Probate Manguera Outline 324848090-Manual- Juasing Hardware RBH Legal Debt P
Court Clark Broo… 2012,… for-Prosecutors.pdf v. Mendoza Collection Services F
UPLOADED BY UPLOADED BY UPLOADED BY UPLOADED BY UPLOADED BY U
Matt Hennie Aris Manguera Tori Peige d2015member remidian-bah…

ABOUT SUPPORT

About Scribd Help / FAQ

Press Accessibility

Our blog Purchase help

https://www.scribd.com/doc/101740473/People-vs-Lagman-Digest 3/4
9/7/2019 People vs. Lagman Digest | Military Service | Constitutional Law
Join our team!
AdChoices
Related titles Search   Sign In Join
Contact Us Publishers

Join today

Invite Friends

Gi s

LEGAL
   
Terms

Privacy

Copyright

Veterans The Financial 47 - Digest-Ondoy Harvard Law People v Lagman The Forces of Wa
Manpower… Incentives of W… v Ignacio Review: Volume… & Sosa, 66… Volunteers to…

Copyright © 2019 Scribd Inc. . Browse Books . Site Directory . Site Language: English

https://www.scribd.com/doc/101740473/People-vs-Lagman-Digest 4/4