Ministerial act

From Legal Wiki

Jump to: navigation, search

A ministerial act is "one which an officer or tribunal performs in a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, without regard to or the exercise of his own judgment upon the propriety or impropriety of the act done.[1]

The use of discretion and the performance of a ministerial act are mutually exclusive.[2] The distinction between a ministerial and discretionary act is well delineated. A purely ministerial act or duty is one which an officer or tribunal performs in a given state of facts, in a prescribed manner, in obedience to the mandate of a legal authority, without regard to or the exercise of his own judgment upon the propriety or impropriety of the act done. If the law imposes a duty upon a public officer and gives him the right to decide how or when the duty shall be performed, such duty is discretionary and not ministerial. The duty is ministerial only when the discharge of the same requires neither the exercise of official discretion or judgment.[3]


References

  1. Spouses Edralin vs. Philippine Veterans Bank, G.R. No. 168523, 9 March 2011, citing Feria and Noche, Civil Procedure Annotated, Vol. II (2001 ed.), p. 487
  2. Espiridion vs. Court of Appeals, G. R. No. 146933, 8 June 2006
  3. Codilla, Sr. vs. de Venecia, 442 Phil. 139 (2002), cited in Espiridion vs. Court of Appeals, G. R. No. 146933, 8 June 2006
Personal tools