Statcon - Mandatory and Directory Statutes
Statcon - Mandatory and Directory Statutes
Statcon - Mandatory and Directory Statutes
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
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
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
MANDATORY STATUTES
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
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
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
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
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