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BEAGAN V.

BORJA 261 SCRA 474 (TEEHANKEE)

FACTS:

May 1994. Barangay Elections in Bislig, Tanauan, Leyte

✾ Election protest filed by Arnulfo Santillano, Egonio as protestee, Beegan as intervenor

✾ About revision of three ballot boxes completed in October 1994, Revision Committee presented its
report to the Court November 3, 1994

✾ Problem arises when the abovementioned ballots were reopened for Xeroxing purposes for the
perusal of the protestee’s counsel

✾ Office and Court Administrator viewed acts of respondents in effecting the reopening of the ballot
boxes and copying tantamount to misconduct in office

✾ Balano (clerk of court) and Borja believed in good faith that they had the authority to allow such.

HELD:

Photocopying of ballots is not tantamount to misconduct in office.

As long as no tampering or alteration was manifest in Xeroxing/photocopying of court records, no


liability attaches to anyone..

Respondents are exonerated

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