He stressed that at the outset, the Ombudsman has no jurisdiction over members of independent constitutional bodies.
"However, in the light of the media coverage being given to the graft charges, the public has to be disabused of all the false and baseless notions engendered by the accusations," he said.
The complaint was filed by lawyer Dante Barcebal, a losing mayoralty candidate from Albay during the last local elections.
He alleged that Benipayo committed the following illegal acts:
• Purchase of a P1.1-million Toyota Hi-Ace Super Grandia last March without prior clearance with six other commissioners of the poll body.
• Reimbursement of P17,453 for his personal medical expenses and blood chemistry examination last February.
• Attendance of a two-week conference in Stockholm, Sweden without an invitation to do so.
• Approval of expenditure of poll funds without an en banc resolution.
Benipayo said the vehicle – a 2001 model Toyota Hi-Ace Super Grandia – was registered in the name of the Comelec for use of the Office of the Chairman.
"Equally significant is the fact that the chairman’s office has only one vehicle assigned to it – the Super Grandia being questioned. In contrast, other commissioners have anywhere from two to five official vehicles," he said.
The Comelec chief pointed out that the purchase was authorized by a joint resolution by the Constitutional Fiscal Autonomy Group which states that constitutional offices shall be accorded flexibility in fund utilization of their approved appropriations, including purchase of motor vehicles and other motor transport equipment.
"Considering the imminence of the May 2001 polls, there was an acutely felt need for the chairman and his staff to have a means of conveyance, especially for the purpose of overseeing the various activities preparatory to the conduct of the polls," he explained.
Benipayo said there was no official vehicle assigned to the Office of the Chairman upon his assumption
"The questioned acquisition of the service vehicle was deemed an emergency purchase, which as such, did not require an en banc resolution," he said.
In response to the medical reimbursements, Benipayo said upon consultation with the Comelec health services office, he was advised that requisitioning of medicines was allowable.
To date, no notice of disallowance of such purchase has been served upon him by either the Comelec internal audit office or the Commission on Audit, he added.
With regard to the medical checkup of P4,400, Benipayo said the amount was reimbursed under the authority of a Comelec resolution that allowed for medical checkup benefits not in excess of P6,000.
Benipayo also explained that contrary to the charges, he received an invitation to the International IDEA’s 6th Meeting of Electoral Bodies in Stockholm.
He explained that the initial invitation was received by retired Comelec commissioner Teresita Dy-Liaco Flores but a new one was sent to him after the organizers learned the Comelec had a new chairman.
The poll body chief also pointed out that his travel to Sweden was official Comelec business, sanctioned by no less than President Arroyo.
Regarding the expenditure for the ARMM plebiscite information drive, Benipayo said a resolution to cure any irregularity in connection with the expenditure of P10.2 million for the ARMM funds was approved by a majority of the seven commissioners.
"That three dissenting commissioners put ‘no part’ to that effect, over their names is ultimately immaterial and does not affect the validity of the expenditure. The decision of the en banc is binding upon its entire membership," he said.