Statutory Construction
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.
2. 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.
3. 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.
4. 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
R.E.
5. 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.
7. 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.
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.
9. 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 other’s 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.
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.

2. Statutes prescribing manner of judicial action – As a

rule, are merely directory. Procedure is secondary
importance to substantive right, and the non-
observance of such procedure should never be
permitted to affect substantive right, unless the
intention of the legislature is clearly expressed.

3. 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.