Professional Documents
Culture Documents
Lacson V San Jose
Lacson V San Jose
838
839
CASTRO, J.:
841
843
VOL. 24, AUGUST 30, 1968 843
Lacson vs. San JoseLacson
845
VOL. 24, AUGUST 30, 1968 845
Lacson vs. San JoseLacson
846
" 'x x x For though in particular cases the repugnance of the law
to dissolve the obligations of matrimonial cohabitation may
operate with great severity upon individuals, yet it must be
carefully remembered that the general happiness of the married
life is secured by its indissolubility. When people understand that
they must live together, except for a very few reasons known to
the law, they learn to soften by mutual accommodation that yoke
which they know they cannot shake off; they become good
husbands and good wives from the necessity of remaining
husbands and wives; for necessity is a powerful master in
teaching the duties which it imposes x x x' (Evans vs. Evans, 1
Hag. Con., 35; 161 Eng. Reprint, 466, 467.)" (Arroyo vs. Vasquez
de Arroyo, ld., pp. 5859).
848
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2 "In common or ordinary parlance and in its ordinary significance, the term
"shall" is a word of command, and one which has always or which must be given a
compulsory meaning, and it is generally imperative or mandatory. It has the
invariable significance of operating to impose a duty which may be enforced,
particularly if public policy is in favor of this meaning or when public interest is
involved, or where the public or persons have rights which ought to be exercised or
enforced, unless a contrary intent appears. People v. O'Rourke, 13 P. 2d. 989, 992,
124 Cal. App. 752, (30 Words and Phrases, Permanent Ed., p. 90)
"The presumption is that the word 'shall' in a statute is used in an imperative,
and not in a directory, sense. If a different interpretation is sought, it must rest
upon something in the character of the legislation or in the context which will
justify a different meaning. Haythron v. Van Keuren & Sons, 74 A 502, 504, 79
N.J.L. 101; Board of Finance of School City of Aurora v. People's Nat. Bank of
Lawrenceburg, 89 N.E. 904, 905, 44 Ind. App. 578. (39 Words and Phrases,
Permanent Ed. p. 93.)" Diokno v. Rehabilitation Finance Corporation, G.R. No. L
4712, July 11, 1952. 91 Phil. 608) fitnliVs Qnrmii'o/n
849
"Every child:
851
and the orders dated May 28, 1963 and June 24, 1963 of
the Juvenile and Domestic Relations Court (subjectmatter
of G.R. L23767) are affirmed. G.R. L24259 is hereby
remanded to the Court of First Instance of Negros
Occidental for further proceedings in accordance with this
decision. No pronouncement as to costs.
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