In a joint petition filed before the bicameral body, Comelec Commissioners Luzviminda Tancangco, Rufino Javier, Ralph Lantion and Mehol Sadain cited six issues against Benipayo as well as three issues against him and Commissioners Resurreccion Borra and Florentino Tuason Jr.
Observers said this marked the first time that members of a body had filed before the CA opposition to the appointment of new officials. The poll body has been beset with intramurals since President Arroyo appointed Benipayo, Borra and Tuason. Those opposing their appointment were picked by former President Joseph Estrada.
One of the issues raised by the four commissioners against Benipayo was his alleged refusal to promulgate duly signed en banc resolutions on the resetting of the ARMM elections in the first district of Sulu and the resumption of the implementation of the National Precinct Mapping and Certificates of Voters Lists verification project.
They also claimed that Benipayo "unilaterally" designated and transferred directors and other ranking Comelec officials without the usual en banc resolution or authority from the commission en banc.
They charged that Benipayo "unlawfully" purchased a Toyota van worth P1.14 million, went to Sweden, Hong Kong and Japan without travel authority, and failed to submit the Comelec budget to the commission en banc before submission to the budget department.
"Chairman Benipayo seems to believe that he is the Comelec, or that the Comelec is a one-man commission. He has to be reminded that the Comelec is a collegial body," the four commissioners said.
They added that Benipayo, Borra and Tuason should not be confirmed because of their refusal to promulgate the resolution for the resumption of the Voters Registration Identification System (VRIS) contract with the Photokina consortium. The Quezon City regional trial court has recently ruled on the validity of the Photokina contract.
The three appointees also allegedly did not follow the correct procedure in ruling on the petition to declare failure of elections in Caloocan City during the May 14, 2001 elections.
Another issue raised against the three was the issuance of a resolution on the final ranking of senatorial candidates without the needed majority vote, "a very clear and blatant violation of the collegial rules of the Commission."
The CA committee on constitutional offices has not yet scheduled any confirmation hearing on Benipayo, Borra and Tuason. A CA official said that the schedule will be finalized as soon as they receive all needed documents of the three appointees.