Photokina to file charges vs Benipayo

Commission on Elections (Comelec) Chairman Alfredo Benipayo will be charged in court for ordering a stop to the poll body’s modernization program without the approval of all the commissioners.

The suit will be filed by Photokina Marketing Corp., a member of the consortium that won the bidding for the Voters’ Registration and Identification System (VRIS), a program that intended to modernize voter registration in last May’s congressional elections.

George Balagtas, Photokina senior vice president and spokesman, told reporters yesterday the firm will ask the court if Benipayo had the authority to junk the VRIS without the concurrence of the majority of the poll commissioners.

"We will clarify before the courts if Benipayo, being just one member of the Comelec en banc, can override the decision of the entire commission," he said.

Balagtas said the company’s lawyers are also studying whether to file a criminal complaint against Commissioner Resurreccion Borra, an ally of Benipayo.

"We know they are not yet impeachable because they are yet to be confirmed by the Commission on Appointments," he said. "Criminal charges can still be lodged against them. Even if they do not get confirmed, we will pursue filing of charges."

The Photokina-led consortium won the Notice of Award after it had submitted the lowest bid of P6.5 billion, he added.

Balagtas said they will file the action in court after the Senate committee on constitutional amendments and electoral reforms completes its inquiry into the VRIS on Tuesday next week.

The consortium’s other members are IBM, Polaroid Unisys, Headstrong, all American companies; and Sagem of France.

Speaking before the Manila Overseas Press Club last week, Benipayo said the poll body decided to junk the VRIS after their senior staff found the project "too costly" after a thorough review.

Benipayo said although the consortium submitted the lowest bid at P6.5 billion, the Comelec’s budget for the VRIS was limited to P1.2 billion.

Senate President Franklin Drilon, along with Senators Juan Flavier and Gregorio Honasan have called for an investigation on the continued delay of the planned automation of the electoral system.