Republic of the Philippines

SUPREME COURT
Manila
EN BANC

G.R. No. L-45892             July 13, 1938

G.R. No. L-45893             July 13, 1938

AVANCEÑA, J.:

In these two cases (G.R. Nos. L-45892 and 45893), the appellants Tranquilino 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 military service between the 1st and 7th of April of said
year, notwithstanding the fact that they had been required to do so. The evidence shows that these two
appellants were duly notified by the corresponding authorities to appear before the Acceptance Board in
order to register for military service in accordance with law, and that the said appellants, in spite of these
notices, had not registered up to the date of the filing of the information.

The appellants do not deny these facts, but they allege in defense that they have not registered in the
military service because Primitivo de Sosa is fatherless and has a mother and a brother eight years old to
support, and Tranquilino Lagman also has a father to support, has no military learnings, and does not wish
to kill or be killed.

Each of these appellants was sentenced by the Court of First Instance to one month and one day of
imprisonment, with the costs.

In this instance, the validity of the National Defense Law, under which the accused were sentenced, is
impugned on the ground that it is unconstitutional. Section 2, Article II of the Constitution of the Philippines
provides as follows:

SEC. 2. 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.

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 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.1ªvvphïl.nët

In the United States the courts have held in a series of decisions that the compulsory military service
adopted by reason of the civil war and the world war does not violate the Constitution, because the power
to establish it is derived from that granted to Congress to declare war and to organize and maintain an
army. This is so because the right of the Government to require compulsory military service is a
consequence of its duty to defend the State and is reciprocal with its duty to defend the life, liberty, and
property of the citizen. In the case of Jacobson vs. Massachusetts (197 U.S., 11; 25 Sup. Ct. Rep., 385), it
was said that, without violating the Constitution, a person may be compelled by force, if need be, against

1
his will, against his pecuniary interests, and even against his religious or political convictions, to take his
place in the ranks of the army of his country, and risk the chance of being shot down in its defense. In the
case of United States vs. Olson (253 Fed., 233), it was also said that this is not deprivation of property
without due process of law, because, in its just sense, there is no right of property to an office or
employment.

The circumstance that these decisions refer to laws enacted by reason on the actual existence of war does
not make our case any different, inasmuch as, in the last analysis, what justifies compulsory military service
is the defense of the State, whether actual or whether in preparation to make it more effective, in case of
need. The circumstance that the appellants have dependent families to support does not excuse them from
their duty to present themselves before the Acceptance Board because, if such circumstance exists, they
can ask for determent in complying with their duty and, at all events, they can obtain the proper pecuniary
allowance to attend to these family responsibilities (secs. 65 and 69 of Commonwealth Act No. 1).

The appealed judgment rendered in these two cases is affirmed, with the costs to the appellants. So
ordered.

Villa-Real, Imperial, Diaz, Laurel and Concepcion, JJ., concur.

2
66 Phil. 13

AVANCEÑA, C.J.:
In these two cases (G. R. Nos. 45892 and 45893), the 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 military service between the 1st and 7th of April of said
year, notwithstanding the fact that they had been required to do so. The evidence shows that these two
appellants were duly notified by the corresponding authorities to appear before the Acceptance Board in
order to register for military service in accordance with law, and that the said appellants, in spite of these
notices, had not registered up to the date of the filing of the information.
The appellants do not deny these facts, but they allege in defense that they have not registered in the
military service because Primitivo de Sosa is fatherless and has a mother and a brother eight years old to
support, and Tranquilino Lagman also has a father to support, has no military leanings, and does not wish
to kill or be killed.
Each of these appellants was sentenced by the Court of First Instance to one month and one day of
imprisonment, with the costs.
In this instance, the validity of the National Defense Law, under which the accused were sentenced, is
impugned on the ground that it is unconstitutional.
Section 2, Article II of the Constitution of the Philippines provides as follows:
"Sec. 2. 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."

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 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.
In the United States the courts have held in a series of decisions that the compulsory military service
adopted by reason of the civil war and the world war does not violate the Constitution, because the power to
establish it is derived from that granted to Congress to declare war and to organize and maintain an army.
This is so because the right of the Government to require compulsory military service is a consequence of its
duty to defend the State and is reciprocal with its duty to defend the life, liberty, and property of the citizen.
In the case of Jacobson vs. Massachusetts (197 U. S., 11; 25 Sup. Ct. Rep., 385), it was said that, without
violating the Constitution, a person may be compelled by force, if need be, against his will, against his
pecuniary interests, and even against his religious or political convictions, to take his place in the ranks of
the army of his country, and risk the chance of being shot down in its defense. In the case of United
States vs.Olson (253 Fed., 2S3), it was also said that this is not deprivation of property without due process
of law, because, in its just sense, there is no right of property to an office or employment. The circumstance
that these decisions refer to laws enacted by reason of the actual existence of war does not make our case
any different, inasmuch as, in the last analysis, what justifies compulsory military service is the defense of
the State, whether actual or whether in preparation to make it more effective, in case of need.
The circumstance that the appellants have dependent families to support does not excuse them from their
duty to present themselves before the Acceptance Board because, if such circumstance exists, they can ask
for deferment in complying with their duty and, at all events, they can obtain the proper pecuniary
allowance to attend to these family responsibilities (sees. 65 and 69 of Commonwealth Act No. 1).
The appealed judgment rendered in these two cases is affirmed, with the costs to the appellants. So ordered.
Villa-Real, Imperial, Diaz, Laurel, and Concepcion, JJ., concur.