Case Digest (G.R. No. 45892)
Facts:
The People of the Philippines v. Tranquilino Lagman and The People of the Philippines v. Primitivo de Sosa, G.R. Nos. 45892 and 45893, July 13, 1938, the Supreme Court, Avancena, C.J., writing for the Court.The two appellants, Tranquilino Lagman and Primitivo de Sosa, were charged under Section 60 of Commonwealth Act No. 1 (the National Defense Law) with willfully and unlawfully refusing to register for military service during the registration period of 1–7 April 1936. The informations alleged that both men, Filipinos who had reached the age of twenty in 1936, had been duly notified by the authorities to appear before the Acceptance Board and had nevertheless failed to register as required by law.
At trial before the Court of First Instance, the evidence showed service of the notices and nonappearance; both appellants admitted these facts but asserted defenses. De Sosa claimed he was fatherless and had a dependent mother and an eight‑year‑old brother to support; Lagman claimed he had a dependent father, lacked military leanings, and did not wish to kill or be killed. The Court of First Instance convicted each appellant and sentenced them to one month and one day of imprisonment, with costs.
The appellants appealed to the Supreme Court, where they challenged the constitutionality of the National Defense Law insofar as it established compulsory military registration and relied on their asserted ...(Subscriber-Only)
Issues:
- Does the compulsory military registration and service provision of Commonwealth Act No. 1 violate Section 2, Article II of the Constitution of the Philippines (1935)?
- Do appellants' asserted personal circumstances (dependents to support) or conscientious objection excuse thei...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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