Statutory Construction

R.E. Agpalo Textbook, 2009 edition

Chapter 8: Mandatory and Directory Statutes

Mandatory Statute is a statute which commands either positively that something be done or performed in a particular way, or negatively that something be not done, leaving the person concerned no choice on the matter except to obey. It contains words of command or of prohibition. SCR: Where a statute is mandatory, the court has no power to distinguish between material and immaterial breach thereof or omission to comply with what it requires. What the law decrees must be obeyed against pain of sanction or declaration of nullity of what is done in disregard of. (Sarina vs. CFI-Bukidnon, 24 SCRA 715) Uses: shall, must, ought, should; prohibitions such as cannot, shall not, ought not 1. Statutes conferring power statutes which confer upon a public body or office of power to perform acts which concern the public interests or rights of individuals, are generally regarded as mandatory although the language used is permissive only since such statutes are construed as imposing rather than conferring privileges. The intent of the legislature was not to devolve a mere discretion, but to impose a positive and absolute duty which can be enforced. Statutes granting benefits which require certain steps to be taken or certain conditions to be met before persons concerned can avail of the benefits conferred by law are mandatory. vigilantibus et non dormientebus jura subvenit the laws aid the vigilant, not those who slumber on their rights. Potior est in tempore, potior est in jure he who is first in time is preferred.

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Statutes prescribing procedural requirements A statute which requires a court to exercise its jurisdiction in a particular manner, follow a particular procedure, or subject to certain limitations, is mandatory, and an act beyond those limits is void as in excess of jurisdiction.

SCR: Where failure to comply with certain procedural requirements will have the effect of rendering the act done in connection therewith void, the statute prescribing such requirement is regarded as mandatory, even though the language used therein is permissive in nature. 6. Election laws on conduct of election The provision of election laws governing the conduct of elections and prescribing the steps election official are required to do in connection therewith are mandatory before the elections; however when it is sought to enforce them after the elections, they are held to be directory only, if that is possible, especially where, if they are held to be mandatory, innocent voters will be deprived of their votes without any fault on their part. Election laws on qualification and disqualification mandatory before but not after the election applies only to those which are procedural in nature affecting the conduct of elections as well as to those which direct or require election officials to do or perform acts to preserve the sanctity of the ballot. Rule does not apply to provisions of election laws prescribing the time limit to file certificates of candidacy and qualifications & disqualifications to elective office.

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SCR: Where a candidate is, by law, disqualified, the circumstance that he received the highest number of votes does not qualify him for the office, nor does it validate his election. 8. Statutes prescribing qualifications for office if a person is not qualified at the time he assumed office, or if he loses such eligibility or qualifications during the continuance of his incumbency, he may be ousted from office. Statutes relating to assessment of taxes It is a general rule that the provisions of the statute relating to assessment of taxes, which are intended for the security of the citizens, or to insure the equality of taxation, or for certainty as to the nature and amount of each others tax, are mandatory; but those designed merely for the information or direction of officers to secure methodological and systematic modes of proceeding are merely directory.

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Statutes prescribing jurisdictional requirements the general rule is that statutory requirements by which courts or tribunals acquire jurisdiction to hear and decide particular actions must be strictly complied with before the courts or tribunals can have authority to proceed. Statutes prescribing time to take action or to appeal have been held as absolutely indispensible to the prevention of needless delays and to the orderly and speedy discharge of business, and are necessary incident to the proper, efficient, and orderly discharge of judicial functions. reipublicae ut sit finis litium public interest requires that by very nature there must be an end to a legal controversy motu proprio on motion of the plaintiff

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Statutory Construction

R.E. Agpalo Textbook, 2009 edition

SCR: When the laws are intended for the protection of the citizens and to prevent a sacrifice of their property, and a disregard of which their rights might be, and generally would be, injuriously affected, they are not directory but mandatory. 10. Statutes concerning public auction sale The prescribed steps must be followed strictly; otherwise, the sale at public auction shall be void. Directory Statutes a statute which is 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. Uses: may 1. Statutes prescribing guidance for officers designed to secure order, system and dispatch in proceedings, and by a disregard of which the rights of the parties interested may not be injuriously affected. Not usually regarded as mandatory unless accompanied by negative words importing that the acts required shall not be done in any manner or time than that designated. Statutes prescribing manner of judicial action As a rule, are merely directory. Procedure is secondary importance to substantive right, and the nonobservance of such procedure should never be permitted to affect substantive right, unless the intention of the legislature is clearly expressed. Statutes requiring rendition of decision within prescribed period SCR: Where a statute specifies the time at or within which an act is to be done by a public officer or body, it is generally held to be directory only as to the time, and not mandatory unless time is of the essence of the thing to be done, or the language of the statute contains negative words, or shows that the designation of the time was intended as a limitation of power, authority or right.

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