People v lagman

In 1936, Tranquilino Lagman reached the age of 20. He is being compelled by Section 60 of
Commonwealth Act 1 (National Defense Law) to join the military service. Lagman refused to
do so because he has a father to support, has no military leanings and he does not wish to
kill or be killed. Lagman further assailed the constitutionalityof the said law.
ISSUE: Whether or not the National Defense Law is constitutional.
HELD: Yes. The duty of the Government to defend the State cannot be performed except
through an army. To leave 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
volunteer to enlist therein. Hence, the National Defense Law, in so far as it establishes
compulsory military service, does not go against this constitutional provision but is, on the
contrary, in faithful compliance therewith. The defense of the State is a 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.