Beegan v.

Borja (Short title) - Under the Comelec Rules and Procedure that election documents and
A.M. No. P-95-1171 | 261 SCRA 474 | September 6, 1996 paraphernalia involved in election contests before courts of general
Complainant: CLARA BEEGAN jurisdiction shall be kept and held secure in a place to be designated by the
Respondent: TEOTIMO BORJA, Clerk of Court and ARNULFO BALANO, Clerk II, Court in the care and custody of the Clerk of Court
Municipal Trial Court, Leyte - “We are not unaware of the common practice in the courts with respect
to the photocopying or xeroxing of portions of case records as long as
RE: DISABILITY RETIREMENT OF TEOTIMO D. BORJA, the same are not confidential or disallowed by the rules to be
A.M. No. 8733-Ret. | September 6, 1996 reproduced.”
- The judge need not be bothered as long as the permission of the Clerk of
DOCTRINE Court has been sought and as long as a duly authorized representative of the
It is a common practice in the courts that Photocopying or Xeroxing portion of case court takes charge of the reproduction within the court premises.
records is allowed as long as the same are not confidential or disallowed by the rules - Clerk Balano allowed the xeroxing of the questioned ballots in the honest
to be reproduced. Being a public knowledge, the court may take judicial notice. belief that it was well within his authority as the duly appointed Chairman of
the Revision Committee.
FACTS
- In May,1994, after barangay elections were conducted in Bislig, Tanuan, DISPOSITION
Leyte, an election protest was filed with MTC by Arnulfo Santillano against WHEREFORE, in view of the foregoing, the respondents Clerk II and Clerk of Court of
Juan Egonio, as protestee, and Clara Begaan as Intervenor. MTC, Tanauan, Leyte in A.M. No. P-95-1171 are hereby EXONERATED. Accordingly,
- The election case required the revision of (3) ballot boxes. the RELEASE of the DISABILITY RETIREMENT BENEFITS of Mr. Teotimo D. Borja in
- Clerk of court Borja and Clerk II Balano allowed the reopening of the ballot A.M. No. 8733-Ret. is hereby ORDERED.
boxes without leave of court to machine-copy the questioned ballots. Thus,
Beegan submitted a letter-complaint to Ombudsman.
- Obudsman endorsed the complaint to the Court Administrator, which he also
endorsed to the Executive Jude of RTC Leyte for investigation.
RTC: Absolved the respondents since the complainant was not prejudiced in any
manner by the xeroxing of the questioned ballots.
OCA: Misconduct in office was committed by both respondents no matter how well-
meaning their intention was. They cannot justify their actuations by pointing
out that complainants' revisor, a law graduate was present because their
authorized counsel was not present.
- While the case is pending, Borja applied for disability benefits. The court
approved the application but directed the Budget officer to hold the retirement
benefits.

ISSUE/S
1. W/N Respondents Clerk of Court are liable for misconduct

RULING & RATIO

- NO
- The Clerk of Court is the administrative officer of the Court, subject to the
control and supervision of the Presiding Judge. As such, he has control and
supervision over all court records, exhibits, documents, properties and
supplies.

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