Benipayo, 2 others appointed anew

President Arroyo re-appointed yesterday Alfredo Benipayo as chairman of the Commission on Elections (Comelec) after he failed to get the confirmation of the Commission on Appointments (CA) before Congress went on a two-week recess.

Also reappointed were Commissioners Resurreccion Borra and Florentino Tuason, whom the CA had bypassed in the same hearing.

This is the third time that the three Comelec officials have failed to get confirmation.

Mrs. Arroyo told reporters yesterday the CA failed to confirm Benipayo, Borra and Tuason as the Senate and House of Representatives went on recess. Congress will resume session on Sept. 24.

"I have revalidated their (Benipayo, Borra and Tuason’s) appointments," she said. "I don’t want to use the word ‘reappoint’. So the procedure there is that I resubmit their names to the Commission before (Congress) goes back on session."

A staff of Benipayo said that they have already received an order from Malacañang reappointing Benipayo, Borra and Tuason but that the three have yet to get their appointment papers.

Mrs. Arroyo said the CA likewise bypassed the confirmation of 12 Cabinet secretaries not because their appointments were rejected but due to lack of time.

"But I’m very grateful that I’ve already confirmed so many generals ... so they’re working overtime," she said.

Meanwhile, lawyer Ma. Angeline Matibag, whom Benipayo had removed as chief of the Comelec’s education and information division, filed yesterday a petition before the Supreme Court questioning the legality of the reappointment of the three officials.

Matibag said the law does not allow the reappointment of Comelec commissioners on a temporary or acting capacity.

"It’s up to the Supreme Court to decide whether it is legal for the three to stay as Comelec officials," she said.

Matibag said under the Constitution, the President must appoint the Comelec chairman and commissioners for seven years following their confirmation by the CA.

"The Comelec, being a collegial body, cannot have its officials on a temporary or acting capacity to exercise its full independence," she said.

Senators Vicente Sotto III, Edgardo Angara, and Robert Jaworski have asked Mrs. Arroyo to let go of Benipayo, Borra and Tuason, and appoint others in their places.

The CA first failed to confirm the three before Congress adjourned last May 31 and Mrs. Arroyo reappointed them the following day.

But the CA bypassed them for the second time on June 7 before Congress went on recess.

Mrs. Arroyo first appointed Benipayo, Borra and Tuason last March. – Paolo Romero, Sandy Araneta