Professional Documents
Culture Documents
In General
Whether if a statute is to be construed as
mandatory and imposing a duty, or merely as
permissive and conferring discretion, is to be
determined in each case from the apparent
intention of the statute as gathered from the
context, as well as from the language of the
particular provision. The question in each case is
whether, taken as a whole or viewed in the light
of surrounding circumstances, it can be said that
a purpose existed on the part of the legislator to
enact a law mandatory in its character. If it can,
then it should be given a mandatory effect; if
not, then it should be given its ordinary
permissive effect. (Federation of Free Workers vs
Inciong, 161 SCRA 295)
However
It is true that the word may ordinarily
indicates potestative condition, but it may and
should be read as shall when the apparent
intention of the parties demands such
construction. (Gonzales v La Previsora Filipina,
74 Phil 174)
Must in a statute is not always imperative, buy
may be consistent with an exercise of discretion.
(Diokno vs Rehabilitation Finance Corp, 91 Phil
611)
The word shall does not always denote an
imperative duty (Montecer v CA, 308 SCRA 642)