NOW it can be told. Former Solicitor General Alfredo Benipayo could have bungled his defense before the Supreme Court of Executive Order No. 464, which barred all Cabinet officials, government executives and uniformed officers from appearing in congressional hearings without the President’s consent, Presidential Proclamation No. 1017, which placed the country in a state of emergency, and the Calibrated Pre-emptive Response policy on street protestors. “His heart wasn’t in it,” said Justice Secretary Raul Gonzalez, describing Benipayo as “the solicitor general who lost our battles.” Gonzalez said it might have been hard for Benipayo to go against his conscience and conviction, confirming suspicions that Benipayo was eased out of government for allegedly failing to make a good defense on controversial issues EO 464, PP 1017 and the CPR policy before the Supreme Court. “When he was defending our position ... that must have been a very haphazard defense because his heart was not in it,” Gonzalez said of Benipayo’s argument for the three measures. Consequently, the Supreme Court declared PP 1017 as unconstitutional.It also qualified EO 464, allowing government officials to attend congressional inquiries without the President’s permission, but not so when for the Senate question hour. On the CPR policy, the high tribunal ruled: no permit, no rally. Gonzalez said that Benipayo was “better out of government” because “now he was free to express his true sentiments.” The fact that “we changed him was the right thing to do,” Gonzalez added. Benipayo was “defending [the issues] but not with his full enthusiasm.” Benipayo resigned in March at the height of defending the three measures in the high court, saying he wanted to return to private practice. He has since joined the anti-Charter change group, One Voice. | 
