MANDATORY AND DIRECTORY STATUTES
Generally, statutes may be classified either as mandatory or directory.
Will an act done in violation of a statute render it void? Will the nonperformance of what a stature prescribes
make the proceedings invalid?
A mandatory statute is a statute which commands either positively that something be done, or performed in a
particular way, or negatively that something not be done. A mandatory statute contains words of command or
prohibition.
A directory statute is permissive or discretionary in nature
o It merely outlines the act to be done, in such a way that no injury can result from ignorint it
WHEN STATUTE IS MANDATORY OR DIRECTORY
There is no universal rule by which the two may be distinguished from another
Neither is there an absolute test
To answer this question, the primary object is to ascertain legislative intent
The legislative intent must be obtained from the surrounding circumstances
Consideration must be given to the statute as a whole
Words of permissive character may be given a mandatory significance, to effect the legislative intent
Words of mandatory character may be given directory interpretation, if the legislative purpose is best carried out
by doing so
TEST TO DETERMINE NATURE OF STATUTE
Ascetain the consequences
LANGUAGE USED
Generally, “shall,” “must,” “cannot” “shall not” are regarded as mandatory
Permissive words such as “may” are generally directory
USE OF “SHALL” OR “MUST” OR “MAY”
“Shall” – mandatory (word of command)
“May” – an auxiliary verb showing opportunity or possibility (directory)
WHEN “SHALL” IS CONSTRUED AS “MAY” AND VICE VERSA
Depending on the consideration of the entire provision + nature + object + consequences
“May” may be construed as either mandatory or directory, depending on the intention of the statute, as
gathered from the context
o “May” is construed as “shall” where a statute provides for the doing of some act which is required by
public duty + concerns rights of individuals
o “Shall” is construed as “may” when required so by the context/intention
USE OF NEGATIVE, PROHIBITORY, OR EXCLUSIVE TERMS
A negative statute is mandatory.
Using negative words qualified by the word “only” means that there is an intention to effect exclusionary
negation.
The use by legislature of negative, prohibitory, or exclusive terms make the statute mandatory
MANDATORY STATUTES
STATUTES CONFERRING POWER
Statutes which confer upon a public body the power to perform acts which concern the public interests ->
mandatory (even if the language used is permissive)
STATUTES GRANTING BENEFITS
Statutes which require certain steps or conditions to be met before availing of benefits conferred by law ->
mandatory
Vigilantibus et non dormientibus jura subveniunt -> the law aids the vigilant, not those who slumber on their
rights
Potior est in tempore, potios est in jure – first in time, first in right
STATUTES PRESCRIBING JURISDICTIONAL REQUIREMENTS
Must be strictly complied with before the courts or tribunals can have authority to proceed -> mandatory
STATUTES PRESCRIBING TIME TO TAKE ACTION OR TO APPEAL
Generally mandatory -> such statutes are absolutely indispensable to prevent needless delays in the orderly
discharge of business
ELECTION LAWS ON QUALIFICATION AND DISQUALIFICATION
The rule that election laws are mandatory before, but not after elections – apply only to provisions which are
procedural in nature (affecting the conduct of elections)
o This rule does not apply to provisions of election laws that prescribe the time limit to file certificates of
candidacy and qualif/disqualify of office, why? These are mandatory even after elections
STATUTES PRESCRIBING QUALIFICATIONS FOR OFFICE
Eligibility to a public office is of a continuing nature -> must exist at the term commencement and during
occupancy of said office
STATUTES RELATING TO ASSESSMENT OF TAXES
Generally, intended to insure equality of taxation or protect citizens -> mandatory
XPN: Those designed merely for information or direction of officers to secure systematic modes -> directory
When laws are intended for the protection of citizens -> mandatory
STATUTES CONCERNING PUBLIC AUCTION SALE
Statutes authorizing public auction sale of properties and prescribing the procedures to be followed -> in
derogation of property rights and due process -> mandatory
DIRECTORY STATUTES
There are statutory requisitions intended to guide officers in the conduct of business
Such are regulations designed to secure order, and by disregard of which, rights of interested parties may be
injured -> directory
STATUTES PRESCRIBING MANNER OF JUDICIAL ACTION
Statutes that prescribe judicial action that judges must follow in the discharge of their function -> directory
Must be complied with strictly
STATUTES REQUIRING RENDITION OF DECISION WITHIN PRESCRIBED PERIOD
The Constitution provides that the maximum period within which a case shall be decied
o 24 months – for SC
o 12 months – for lower collegiate courts
o 3 months – all other lower courts
o Each constitutional commission shall decide any case brought before it within 60 days from date of
submission for resolution
Will the court lose jurisdiction after the lapse of prescribed period, without having decided the case?
o A statute requiring rendition of judgment within a specified time is merely directory -> non-compliance
does not invalidate the judgment on the theory that if the statute had intended such result, it would
have clearly indicated it.
o Since these are directory, and not mandatory, the officer who failed to comply with the law may only be
dealt with administratively.
o The question as to whether time provision is mandatory or directory is one of legislative intent.
CONSTITUTIONAL TIME PROVISION DIRECTORY
Does the Constitution alter the GR and render time provisions mandatory?
No authoritative interpretation of the above-provision has been rendered by the Court.
Statutes that require rendition of judgment forthwith or immediately are merely directory, so non-compliance
does not invalidate the judgment.