Mandatory and Directory Statutes

Mandatory statute commands either positively that something be done in a particular

way, or negatively that something be not done; it requires obedience, otherwise void

Directory statute permissive or discretionary in nature and merely outlines the act to be
done in such a way that no injury can result from ignoring it or that its purpose can be
accomplished in a manner other than that prescribed and substantially the same result
obtained; confer direction upon a person; non-performance of what it prescribes will not
vitiate the proceedings therein taken

Considered directory compliance is a matter of convenience; where the directions of a

statute are given merely with a view to the proper, orderly and prompt conduct of business;
no substantial rights depend on it
Considered mandatory a provision relating to the essence of the thing to be done, that is,
to matters of substance; interpretation shows that the legislature intended a compliance
with such provision to be essential to the validity of the act or proceeding, or when some
antecedent and prerequisite conditions must exist prior to the exercise of the power, or must
be performed before certain other powers can be exercised

Language used
Generally mandatory command words Generally directory permissive words
Shall or Shall not May or May not
Must or Must not
Ought or Ought not
Should or Should not
Can or Cannot

Loyola Grand Villa Homeowners (South) Assn., Inc. v. CA

must construed as directory
Corporation Code Sec 46 reads every corporation formed under this Code MUST within one
month after receipt of official notice of the issuance of its certification of incorporation with
the SEC, adopt a code of by-laws for its government not inconsistent with this Code
PD 902-A which is in pari material with the Corporation Code states that the non-filing of the
by-laws does not imply the demise of the corporation; that there should be a notice and
hearing before the certificate of registration may be cancelled by the failure to file the by-
laws

Director of Land v. CA
Law requires in petitions for land registration that upon receipt of the order of the court
setting the time for initial hearing to be published in the OG and once in a newspaper of
general circulation in the Philippines
Law expressly requires that the initial hearing be published in the OG AND in the newspaper
of general circulation reason: OG is not as widely read of the newspaper of general
circulation
shall is imperative/ mandatory
Without initial hearing being published in a newspaper of general circulation is a nullity

Rule: may should be read shall

where such construction is necessary to give effect to the apparent intention of the
legislature
where a statute provides for the doing os some act which is required by justice r public duty
where it vests a public body or officer with power and authority to take such action which
concerns for the public interest or rights of individuals
Rule: shall should be read may
When so required by the context or by the intention of the legislature
When no public benefit or private right requires that it be given an imperative meaning

Diokno v. Rehabilitiation Finance Corp

Sec. 2 RA 304 reads banks or other financial institutions owned or controlled by the
Government SHALL, subject to availability of funds xxx accept at a discount at not more
than 20% for 10 years of such backpay certificate
Shall implies discretion because of the phrase subject to availability of funds

Govermnent v. El Hogar Filipino

Corporation Codes reads SHALL, upon such violation being proved, be dissolved by quo
warranto proceedings
Shall construed as may

Berces, Sr. v. Guingona

Sec. 68 Ra 7160 (LGC) provides that an appeal from an adverse decision against a local
elective official to the President SHALL not prevent a decision from becoming final and
executor
Shall is not mandatory because there is room to construe said provision as giving
discretion to the reviewing officials to stay the execution of the appealed decision

MANDATORY STATUTES

Statutes conferring power

Should construe as imposing absolute and positive duty rather than conferring privileges
Granted to meet the demands of rights, and to prevent a failure of justice

Statutes granting benefits

Failure of the person to take the required steps or to meet the conditions will ordinarily
preclude him from availing of the statutory benefits
Vigilantibus et non dormientibus jura subveniunt the laws aid the vigilant, not those who
slumber on their rights
Potior est in tempoe, potior est in jure he who is first in time is preferred in right

Statutes prescribing time to take action or to appeal

Held as absolutely indispensable to the prevention of needless delays and to the orderly and
speedy discharge or business, and are necessary incident to the proper, efficient, and
orderly discharge of judicial functions
Strict not substantial compliance

Reyes v. COA
Sec. 187 RA 7160 process of appeal of dissatisfied taxpayer on the legality of tax
ordinance
Appeal to the Sec of Justice within 30 days of effectivity of the tax ordinance
If Sec of Justice decides the appeal, a period of 30 days is allowed for an aggrieved party to
go to court
If the Sec of Justice does not act thereon, after the lapse of 60 days, a party could already
proceed to seek relief in court
Purpose of mandatory compliance: to prevent delays and enhance the speedy and orderly
discharge of judicial functions

Interest reipiciae ut sit finis litium public interest requires that by the very nature of things
there must be an end to a legal controversy

Gachon v. Devera, Jr
ISSUE: whether Sec 6 of the Rule on Summary Procedure, which reads should the
defendant fail to answer the complaint within the period above provided, the Court, motu
proprio, or on motion of the plaintiff, SHALL render judgment as may be warranted by the
facts alleged in the complaint and limited to what is prayed for therein, is mandatory or
directory, such that an answer filed out of time may be accepted
RULING: mandatory
Must file the answer within the reglementary period
Reglementary period shall be non-extendible
Otherwise, it would defeat the objective of expediting the adjudication of suits

Statutes prescribing procedural requirements

Procedure relating to jurisdictional, or of the essence of the proceedings, or is prescribed for
the protection or benefit of the party affected

De Mesa v. Mencias
Sec 17, Rule 3 RC after a party dies and the claim is not thereby extinguished, the
court shall order, upon proper notice, the legal representative of the deceased to appear and
to be substituted xxx. If legal representative fails to appear xxx, the court MAY order the
opposing party to produce the appointment of a legal representative xxx
Although MAY was used, provision is mandatory
Procedural requirement goes to the very jurisdiction of the court, for unless and until a legal
representative is for him is duly named and within the jurisdiction of the trial court, no
adjudication in the cause could have been accorded any validity or the binding effect upon
any party, in representation of the deceased, without trenching upon the fundamental right
to a day in court which is the very essence of the constitutionally enshrined guarantee of
due process

Election laws on conduct of election

Construed as mandatory
Before election mandatory
After election directory, in support of the result unless of a character to affect an
obstruction to the free and intelligent casting of the votes, or to the ascertainment of the
result, or unless it is expressly declared by the statute that the particular act is essential to
the validity of an election, or that its omission shall render it void

Delos Reyes v. Rodriguez

The circumstance that the coupon bearing the number of the ballot is not detached at the
time the ballot is voted, as required by law, does not justify the court in rejecting the ballot

DIRECTORY STATUTES
Statutes prescribing guidance for officers
Regulation designed to secure order, system, and dispatch in proceedings, and by a
disregard of which the rights of parties interested may not be injuriously affected directory
Exception unless accompanied by negative words importing that the acts required shall not
be done in any other manner or time than that designated

Statutes prescribing manner of judicial action

Construed directory
Procedure is secondary in importance to substantive right
Generally, non-compliance therewith is not necessary to the validity of the proceedings

Querubin v. CA
STATUTE: appeals in election cases shall be decided within 3 months after the filing of the
case in the office of the clerk of court
ISSUE: whether or not CA has jurisdiction in deciding the election case although the
required period to resolve it has expired
HELD: yes, otherwise is to defeat the administration of justice upon factors beyond the
control of the parties; would defeat the purpose of due process; dismissal will constitute
miscarriage of justice; speedy trial would be turned into denial of justice
Failure of judge to take action within the said period merely deprives him of their right to
collect their salaries or to apply for leaves, but does not deprive them of the jurisdiction to
act on the cases pending before them

Constitutional time provision directory

Marcelino v. Cruz
Sec 15(1) Art. VIII, 1987 Constitution the maximum period within which a case or matter
shall be decided or resolved from the date of its submission shall be
24 months SC
12 months lower collegiate courts
3 months all other lower courts
Sec 15(1) Art. VIII, 1987 Constitution directory
RATIONALE:
Statutory provisions which may be thus departed from with impunity, without affecting the
validity of statutory proceedings, are usually those which relate to the mode or time of doing
that which is essential to effect the aim and purpose of the legislature or some incident of
the essential act thus directory
Liberal construction departure from strict compliance would result in less injury to the
general public than would its strict application
Courts are not divested of their jurisdiction for failure to decide a case within the 90-day
period
Only for the guidance of the judges manning our courts
Failure to observe said rule constitutes a ground for administrative sanction against the
defaulting judge
A certification to this effect is required before judges are allowed to draw their salaries