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Understanding Mandatory Statutes

Mandatory statutes are those that command that something must be done or not done in a particular manner, leaving no choice but to comply. Failure to comply results in invalidity. There are several bases for classifying statutes as mandatory, including terminology, materiality, consequences, and penalties. Examples of mandatory statutes include those conferring power, prescribing procedural requirements, protecting parties, or being in the public interest. Statutes prescribing qualifications or conferring benefits must also be followed rigorously. The case of Gachon v Devera Jr. held that the requirement to file an answer within the period provided was mandatory to preserve the summary nature of the proceedings.

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7 views2 pages

Understanding Mandatory Statutes

Mandatory statutes are those that command that something must be done or not done in a particular manner, leaving no choice but to comply. Failure to comply results in invalidity. There are several bases for classifying statutes as mandatory, including terminology, materiality, consequences, and penalties. Examples of mandatory statutes include those conferring power, prescribing procedural requirements, protecting parties, or being in the public interest. Statutes prescribing qualifications or conferring benefits must also be followed rigorously. The case of Gachon v Devera Jr. held that the requirement to file an answer within the period provided was mandatory to preserve the summary nature of the proceedings.

Uploaded by

remegiomorajr
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

MANDATORY STATUTES Are statutes that commands positively that something be done, or performed in a particular manner or negatively that

something be not done, leaving the person concerned no choice but to obey. Strict compliance to the statute should be observed, no power to distinguish material and immaterial breach thereof. Failure to comply would result to the invalidity of the act or proceeding to which it relates Basis for Classification 1 .Terminology permissive or mandatory language 2. Materiality of the provisions concerns substantial rights, essence of proceedings, for protection and benefit of persons concerned 3. Consequences invalidity 4. Penalty penalty for failure to observe

c. Protection of the party affected provided for the security of the people concerned Example- procedures for public auction sale, assessment of taxes, conduct of elections (before election) d. Public interest Example prescribed time to take action or appeal, republicae ut sit finis litium public interest requires that by the very nature of things there must be an end to legal controversy. 3. Statues prescribing qualifications and disqualifications eligibility for office is of a continuing nature and must exist at beginning and during the term a. Public offices Example requirement of being a lawyer to be come a judge b. Candidates for elections Example- time limit to file for certificate of candidacy 4. Statutes conferring benefits steps to be taken and conditions to be met are mandatory, vigilantibus et non dormentibus jura subveniunt the law aids the vigilant and not those who slumber on their rights, potior est in tempore potior est in jure he who is first in time is preferred in right.

Examples: 1. Statues conferring power confer upon a public body or officer power to perform acts concerned with public interest or individual rights, not mere discretion but positive and absolute duty, intended for the benefit of third persons 2. Statues prescribing procedural requirements

Illustrative case: Gachon v Devera Jr a. Jurisdictional requirements by which the court t acquire jurisdiction to try and decide the cases Example- publication in naturalization cases b. Very essence of the proceedings vital to the validity of proceeding, absence of which would defeat the purpose of the statute Example- Gachon v de Vera Jr. Issue: Whether section 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 is mandatory or directory, such that an answer filed out of time may be accepted. Held: Mandatory, must file the answer within the reglementary period, otherwise it would defeat the very purpose of summary proceedings.

Conclusion: Legislative intent is the final arbiter.

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