Judicial functions; quasi-judicial, ministerial functions
Judicial functions involve the power to determine what the law is and what the
legal rights of the parties are, and then undertaking to determine these
questions and adjudicate upon the rights of the
parties.[1] Quasi-judicial functions apply to the actions and discretion
of public administrative officers or bodies required to investigate facts,
hold hearings, and draw conclusions from them as a basis for their official
action, in their exercise of discretion of a judicial
nature.[2] Ministerial functions are those which an officer or tribunal
performs in the context of a given set of facts, in a prescribed manner and
without regard to the exercise of his own judgment upon the propriety or
impropriety of the act done.[3]
Before a tribunal, board, or officer may exercise judicial or quasi-judicial
acts, it is necessary that there be a law that gives rise to some specific
rights under which adverse claims are made, and the controversy ensuing
therefrom is brought before a tribunal, board, or officer clothed with
authority to determine the law and adjudicate the respective rights of the
contending parties.[4]
Before a tribunal, board, or officer may exercise judicial or quasi-judicial
acts, it is necessary that there be a law that gives rise to some specific
rights under which adverse claims are made, and the controversy ensuing
therefrom is brought before a tribunal, board, or officer clothed with
authority to determine the law and adjudicate the respective rights of the
contending parties.[4][1] Chamber of Real Estate and Builders Associations, Inc. v. Secretary of Agrarian Reform, 635 Phil. 283, 304, citing Liga ng mga Barangay National v. City Mayor of Manila.
[2] Id.
[3] Metropolitan Bank and Trust Company, Inc. v. National Wages And
Productivity Commission And Regional Tripartite Wages And Productivity Board-
Region II, citing De Guzman, Jr. v. Mendoza, 493 Phil.
690, 696 (2005); Sismaet v. Sabas, 473 Phil. 230, 239 (2004); Philippine Bank
of Communications v. Torio, 348 Phil. 74, 84 (1998).
[4] Chamber of Real Estate and Builders Association, Inc. v. Secretary of
Agrarian Reform.
