Declaration of Senate ranking valid — Benipayo

Commission on Elections (Comelec) Chairman Alfredo Benipayo declared yesterday as valid the National Board of Canvassers proclaimation of Ralph Recto as the 12th placer in the last senatorial elections.

Benipayo told reporters that under the law, a majority of board members would constitute a quorum and that all questions shall be decided by a majority of the members present.

"It has been alleged that our resolution is illegal," he said. "Only three members of the Commission, acting as members of the National Board of Canvassers, signed. The error of that statement is based on the assumption that you need the majority of all the members of the board, which is not so."

Benipayo said the National Board of Canvassers has seven members, and that when the Recto-Gregorio Honasan resolution was issued, five members were present.

Benipayo said that apart from him, others present were Commissioners Resurreccion Borra, Luzviminda Tancangco, Rufino Javier and Florentino Tuason.

Commissioner Ralph Lantion was abroad, while Mehol Sadain called in sick, he added.

Benipayo said he, Borra and Tuason voted to declare Recto No. 12 and Honasan No. 13, while Tancangco and Javier dissented.

Meanwhile, Honasan urged the Senate yesterday to invite Benipayo to a "Privilege Question Hour" to settle the row over the official ranking of the 13 new senators.

All 12 senators will have a term of six years but the 13th will serve only the three year uncompleted term of former senator now Vice President Teofisto Guingona.– Sandy Araneta, Aurea Calica