Solon to GMA: Recall Benipayo’s appointment

President Arroyo was urged yesterday to recall the appointments of Commission on Elections Chairman Alfredo Benipayo and two other commissioners who are feuding with their four colleagues.

In making the appeal, Rep. Prospero Nograles (Lakas, Davao City) said the Comelec will "remain in paralysis and future elections will be jeopardized" for as long as the two camps are squabbling.

"They are like water and oil. One group can never get along well with the other. So the best and quickest solutions to this hullabaloo is to get rid of one of the warring groups," he said.

Nograles said he has nothing against Benipayo and Commissioners Resurreccion Borra and Florentino Tuason Jr., but they are the ones who are awaiting confirmation by the Commission on Appointments and Mrs. Arroyo can therefore recall their appointment papers.

"I think it’s time that the President should withdraw the appointments of Benipayo and the other commissioners who are yet to be confirmed," he added.

The Comelec head, Borra and Tuason are feuding with the group of Commissioners Luzviminda Tancangco, Rufino Javier, Mehol Sadain and Ralph Lantion.

Last Monday, senior leaders of Congress led by Speaker Jose de Venecia Jr. tried but failed to settle the differences between the two groups. Tancangco even refused to shake hands with her Comelec boss.

Nograles said he chose the removal of the Benipayo group as the quickest solution to the Comelec paralysis because it would already be difficult to get rid of Tancangco and her three allies.

"The only way to remove them from office is through impeachment, which is a very tedious process," he said.

While the Davao City congressman called for the recall of the appointments of Benipayo, Borra and Tuason, he gave no hint of whether he would join a Lakas partymate, Rep. Prospero Pichay Jr. of Surigao del Sur, in formally opposing the confirmation of the three Comelec officials.

Pichay has lodged a formal opposition against the three, whose confirmation is also being objected to by Tancangco, Javier, Sadain, and Lantion.

Meanwhile, the CA’s investigating arm has questioned Benipayo’s statement of assets and liabilities.

In a 15-page investigation report, the Appointments and Review Investigation Service reported that Benipayo’s assets of P9,235,000 could not be justified by the Benipayo spouses’ combined income of only P3,744,200.

The investigation report said Benipayo’s net worth of P2,603,500 in 1997 increased to P15,238,500 or by 12,610,000 in the year 2000.

"Out of the total increase in net worth, the amount of P3.4 million reportedly came from properties inherited by the appointee, while the difference of P9,235,000 does not appear to be justified by the Benipayo spouses’ combined income of only P3,744,2000," said the report, a copy of which was obtained by The STAR.

Benipayo, a bachelor of arts magna cum laude and bachelor of Laws cum laude graduate from the University of Sto. Tomas and former Supreme Court administrator was deemed bypassed after the CA committee on constitutional offices failed to finish its confirmation hearings before Congress goes on recess.

The report said Benipayo was "admired by sources as a consistent honor student since grade school, highly regarded as a well-rounded student leader during his college days which likewise saw him as a writer and debater.

It also cited questions on Benipayo’s reimbursement of medical expenses amounting to P10,854 and of P4,500 for his blood chemistry examination at St. Luke’s Hospital.

"Sources averred that while the expenses reimbursed may be considered minimal the act of charging these personal medical expenses against public funds does not speak well of subject appointee’s integrity and certainly cast doubts on his fitness to handle and to be entrusted with the huge Comelec modernization fund," the report added.

During his confirmation hearing the other day, Benipayo justified the reimbursement, saying he was advised by the Comelec auditor that this is allowed and this was subsequently approved by the auditor.