When contacted by The STAR, the Comelec chief declined to comment on the charges.
In a 14-page complaint with the Ombudsman, lawyer Dante Barcebal said one of the four counts of graft involves the purchase of a P1.1-million Toyota Hi-Ace Super Grandia last March without prior clearance from the six other commissioners of the poll body.
Barcebal explained that the procurement required an en banc resolution since the amount involved more than P10,000. He called the acquisition "unwarranted and hurriedly executed."
"There can be no other legal conclusion except that it was a hurried purchase of a luxury vehicle without public bidding and in defiance of Resolution 2198 and Memorandum 99-226," he said.
The complainant said the poll body chief violated the Anti-Graft Law when he reimbursed, through his daughter Victoria, a total of P17,453 for his "personal medical expenses and blood chemistry examination last February."
Barcebal also included Benipayo’s "illegal expenditure" of P564,593 for a two-week trip to Stockholm, Sweden, where the Comelec chief attended the International IDEA’s 6th Meeting of Electoral Bodies.
The lawyer branded the trip as "highly anomalous," claiming Benipayo attended the conference even if he was not invited.
The invitation had been sent to retired Comelec Commissioner Teresita Dy-Llaco Flores.
"It was neither duly supported nor authorized by any Comelec en banc resolution," Barcebal said.
He pointed out that Benipayo left Manila on June 22 and returned July 4 even if the conference was only from June 27 to July 1.
Barcebal also revealed that the Comelec chief approved without any resolution the P10.2-million budget for the Autonomous Region in Muslim Mindanao poll information drive.
Meanwhile, Ombudsman Aniano Desierto said he has ordered the evaluation and preliminary investigation bureau to determine if Benipayo is an impeachable official, considering his appointment has yet to be confirmed.
"Should Benipayo be considered an impeachable official, the case against him will have basis to proceed and a preliminary investigation will have to be undertaken," Desierto said in a statement.