USE OF NEGATIVE WORDS

Negative words and phrases are to be taken as mandatory while those in the affirmative
are mere directory

MANOLO P. FULE vs THE HONORABLE COURT OF APPEALS

GR No. L-79094

FACTS:
1. The petitioner is a charged and convicted of violation with BP 22 by the RTC on
the basis of the stipulation of facts entered into between the prosecution and
defense during the pre-trial conference.
2. The stipulation of facts were not signed by the petitioner nor his council, waived
his right to present evidence and issued a memo confirming the stipulation;
3. The petitioner filed a case with the Court of Appeals but upheld the decision of
the lower court.
4. Hence, a petition was file to the Supreme Court.

ISSUE:
Whether or not the stipulation of facts which were not signed by the petitioner nor his
council will be admitted as an evidence in the court.

RULINGS:
1. The Supreme Court reversed the judgment and the case was ordered to be re-
opened and remanded to the appropriate RTC for further reception of evidence.
2. The court in reviewing and evaluating the provisions of Sec 4 of the 1985
Criminal Procedure, identifies that negative words and phrases should be regarded
as mandatory while those in the affirmative are mere directory. The word “shall”
further emphasizes its mandatory character and means that is imperative,
operating to impose a duty which may be enforced.
3. Hence, the omission of the signature of the accused and his counsel, as
mandatorily required by the Rules, renders the Stipulation of Facts inadmissible in
evidence. The issued memo, does not cure the defect. What the prosecution
should have done was to present evidences instead of relying on the stipulation of
facts.