POWERS OF PUBLIC OFFICERS D.

Mandatory and Permissive duties and Powers

Prepared by: Kristin Grace Lucero

Statutory requisitions intended for guidance of officers in the conduct of business devolved. . . . Ex. RA 6713 Section 6-- Committee on Awards to Outstanding Public Officials And Employees ....upon them which do not limit their power or render its exercise in disregard of the requisitions ineffectual. Ex. Ombudsman

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Such generally are regulations 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. Ex. RA 6713 Candidates Provisions of this character are not usually regarded as mandatory, unless accompanied by negative words importing that the acts required shall not be done in any other manner or time than that designated. Ex. Lyon vs Alley. Tax Liens on an unpaid Land.

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Statutes prescribing the requirements as to the manner of judicial that judges or quasi-judicial officers should follow in the discharge of their functions are, as a rule, merely directory. Precedents are used. It should not be assumed in the absence of specific language.... not accompanied by negative words Ex. RA 6713 Section 7

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It is universally held that statute of this nature are merely directory, and non-compliance therewith is not necessary to the validity of the proceeding Precedents are used. As held under Ocampo vs. Cabangis This court does not, as a rule, content itself in the determination of cases brought before it, with a mere reference to or quotation of the articles of the codes or laws applicable to the questions involved, for the reason that it is committed to the practice of citing precedents for its rulings wherever practicable.