Discretionary Powers v. Ministerial Powers

Question 1

Differentiate between discretionary powers v. ministerial powers.

Answer 1

A discretionary duty is that which by its nature requires the exercise of judgment.

If the law imposes upon a public officer and gives him the right to decide how or when the duty shall be performed, such duty is discretionary.

A ministerial duty is one which is so clear and specific as to leave no room for the exercise of discretion in its performance.

A ministerial duty means mandatory duty. A ministerial act is one where the officer tasked with the duty has no choice but to perform it when all conditions precedent have been met.

Question 2

What are examples of discretionary duties?

Question 3

What are examples of ministerial duties?

Answer 3

Ministerial means mandatory.

Examples of ministerial duties in government agencies and bodies are:

For COMELEC:
1. Accepting of COCs and CONA