"Thank you for giving me the opportunity to serve our country as head of this office recognized as the Tribune of the People," he said in his formal resignation letter he submitted to President Arroyo yesterday.

His resignation shall take effect on April 1 or as soon as the President appoints his successor "whichever comes first," raising speculations that she is bent on appointing Presidential Chief Legal Counsel Antonio Nachura as Benipayo’s likely successor.

It was reported that Benipayo’s resignation was prompted by President Arroyo’s alleged dissatisfaction with his performance as state counsel in many legal petitions brought up against the Arroyo administration, including the questioned Proclamation 1017.

Benipayo has argued on the legality and constitutionality of Mrs. Arroyo’s decision to put the country under a state of national emergency, stressing that the Supreme Court should dismiss petitions against Proclamation 1017 because it has become "moot and academic."

Aside from the controversy over Proclamation 1017, Benipayo is also defending the government’s take-over of the operation and management of the controversial Ninoy Aquino International Airport (NAIA) Passenger Terminal III.

He had once served as judge of a regional trial court in Manila, chairman of the Commission on Elections, (Comelec) and court administrator of the Supreme Court where he is now aspiring to become an associate justice.