Desierto throws out complaint vs Benipayo

Ombudsman Aniano Desierto threw out yesterday the graft complaint a lawyer had filed against Commission on Elections (Come—lec) chairman Alfredo Benipayo for his alleged misuse of some P11.88 million in government funds because Benipayo is an impeachable official.

"After a study, we have concluded that he (Benipayo) was – and is – an impeachable official. We have concluded that the complaint of lawyer Dante Barcebal must be dismissed," Desierto told reporters in his regular weekly briefing.

Desierto said the proper forum for Barcebal’s complaint is the House of Representatives because Benipayo will remain an impeachable official "until (his) confirmation is denied by Congress." The Commission on Appointments bypassed Benipayo thrice and Malacañang subsequently reappointed him.

"The complaint should be referred to Congress. If he is not confirmed, then his position will cease. Now if there is a criminal violation, then he can be prosecuted after the announcement of Congress (that his confirmation is denied)," he said.

Desierto said the dismissal of the graft complaint is "without prejudice" to its refiling, provided that it passes through the rigorous process of impeachment and complies with the requirements.

"Ad interim appointments, meaning appointments during the recess of Congress, are still regular appointments. Ad interim refers to the kind of appointment, but the nature of the position being occupied is, according to the law, still regular."

‘Better luck next time’

Reacting to the Ombudsman’s decision, Benipayo said, "In a sense, I feel vindicated...Better luck next time."

He said he does not intend to file a counter-suit against Barcebal, said to be a defeated candidate in the recent elections in Albay.

Benipayo added: "If it was dismissed for lack of jurisdiction, there may or may not be a ground for a counter-suit because the merits were not taken up at all. I am not inclined to sue. What will I get out of suing him?"

Barcebal alleged that Benipayo bought a P1.1-million Toyota Hi-Ace Super Grandia van, reimbursed a total of P17,453 for his "personal medicine expenses" and unilaterally approved the P10.2-million budget for the information campaign in the Autonomous Region in Muslim Mindanao last June 21.

Barcebal also alleged in his 14-page complaint that Benipayo had an unlawful expenditure of P564,593 during his two-week travel to Stockholm, Sweden for the International IDEA’s 6th Meeting of Electoral Bodies this year.

The lawyer claimed that Benipayo attended the conference even if he was "not invited" and that he left Manila on June 22 and returned on July 4, even if the meeting was only from June 27 to July 1. – With Sandy Araneta