1017 author is new SolGen

Presidential Spokesman Ignacio Bunye on Friday announced the appointment of Chief Presidential Legal Counsel Eduardo Nachura, who penned Proclamation 1017, as the replacement of Solicitor General Alfredo Benipayo. Benipayo resigned on Wednesday. Nachura, a former congressman from Western Samar, authored Proclamation 1017, which placed the country under a state of national emergency on February 24. Bunye said Nachura’s tenure as solicitor general begins April 1 when Benipayo’s resignation takes effect. The Palace is yet to name Nachura’s successor as chief presidential legal counsel, although President Arroyo reportedly has a short list of potential candidates. Nachura was a member of the prosecution panel that handled the impeachment complaint against Mrs. Arroyo's chief political nemesis, deposed president Joseph Estrada. Nachura expressed elation over his appointment and thanked President Arroyo for the job. He denied reports that he already turned down the position when Malacañang first offered it to him. Nachura said he would seek an audience with Benipayo to discuss pending cases before the Office of the Solicitor General (OSG). During his term of office Benipayo handled legal challenges to President Arroyo’s issuances, such as the calibrated preemptive response (CPR) policy and Executive Order (EO) 464. CPR empowers the police to use force in dealing with anti-government demonstrations. EO 464 inhibits senior officials of the national government, the military and the police from attending congressional inquiries without the President’s prior approval. Opposition leaders, activists and lawyers organizations questioned the constitutionality of the two orders before the Supreme Court. The government turns to the OSG to defend significant state contracts, such as the construction of the controversy-ridden Ninoy Aquino International Airport (NAIA) Terminal III. The Supreme Court on Wednesday deemed that the government must pay NAIA-Terminal III’s private contractors $3.2 billion. Malacañang accepted the responsibility to pay the contractor, but have sought clarification over the high tribunal’s decision. Nachura admitted he is not familiar with the NAIA-Terminal III case. PROCLAMATION 1017 The Supreme Court is currently evaluating the constitutionality of Mrs. Arroyo's Proclamation 1017, which the solicitor general is tasked to defend on behalf of the government. During oral arguments before the high tribunal, Benipayo admitted warrantless arrests and the police raid on the Daily Tribune office had no legal basis. Legal experts earlier said the President’s decision to sign the proclamation and enforce its implementing guidelines could be used as the foundation for an impending impeachment complaint in July. Justice Secretary Raul Gonzalez criticized Benipayo for “failing miserably" in his performance during the oral arguments in the Supreme Court. Nachura, meanwhile, said the memorandum defending the legality of Proclamation 1017 is ready for submission to the Supreme Court. SAMAREÑO Born and raised in Catbalogan City in Samar, Antonio Eduardo Bermejo Nachura finished his Bachelor of Laws degree at San Beda College in 1967. The 64-year-old Nachura served as a two-term congressman from 1998 to 2004. He failed in his gubernatorial bid during the last elections. He was named vice-president and corporate secretary of the Government Service Insurance System (GSIS) from 1983 to 1985 under the Marcos administration. From 1986 to 1987, Nachura worked as president and general manager of the Grains Insurance Agency Corporation. He became commissioner of the Housing and Land Use Regulatory Board (HLURB) from 1993 to 1994. He then served as undersecretary for legal affairs and legislative liaison of the Department of Education, Culture and Sports (DECS) until 1998. According to his 2001 statement of assets and liabilities filed before the House of Representatives, he listed his total net worth during that time at P11,350,000. Nachura also declared that his wife, Conchita, owns the Jareca Petron Gas Station in Marikina City. Conchita and Eduardo are also both involved in ALS Food Services Inc. Nachura also made public that he was incorporator and director of five other companies, all of which did not bear any office addresses. These companies are: ACE Integrated Marine Services Inc., Dantrade Brokerage Inc., Kita Fil Trading Inc., Mercur Export Corp., RCL Wood Industries Inc. During his days as a lawmaker, Nachura served as chairman of the House Committee on Constitutional Amendments of the 12th Congress. Malacañang has been firm in pushing for Charter change. Mrs. Arroyo’s critics, however, have raised fears that tinkering with the Constitution might allow the administration to extend term limits. Nachura is affiliated with the Defensor faction in the Liberal Party, which has been having a leadership dispute of late. Defensor linked arms with Manila Mayor Lito Atienza, a staunch ally of Mrs. Aroyo, in pushing Senate President Franklin Drilon out of the party presidency. – GMANews.TV