Gonzalez: Extension of AFP chief's term unconstitutional

MANILA, Philippines – Amid continued calls for President Arroyo to extend the term of retiring Armed Forces of the Philippines (AFP) chief Gen. Victor Ibrado, the President’s top legal adviser warned her that doing so could violate the Constitution.

Chief Presidential Legal Counsel Raul Gonzalez said he has already submitted his recommendation to Mrs. Arroyo against Ibrado’s extension of term. Ibrado is set to retire on March 10.

Mrs. Arroyo has extended the terms of several of her 10 chiefs of staff by a few weeks or months.

Gonzalez said the Constitution specifically provides two conditions that allow the possible extension of the AFP chief, namely if there is a war or if Congress declares a state of emergency.

“There is no war. There is no state of emergency declared by Congress. So how can the President extend the term of the Chief of Staff? She can’t and that is something that I will debate with anybody at any time,” Gonzalez said.

Gonzalez argued the calls for the extension of Ibrado’s term were brought about by the concerns of some sectors that the President might appoint Army chief Lt. Gen. Delfin Bangit as the next AFP chief.

He said the critics simply do not want Bangit to become the next AFP chief since he had served as commander of the Presidential Security Group (PSG).

Gonzalez also noted the concerns by some sectors that Bangit might be the AFP chief at the time when the country holds its first and crucial automated elections.

Several sectors, including senior military officials supported the proposal to extend Ibrado’s term by a few more months until Mrs. Arroyo steps down on June 30 with a new President being sworn into office.

“But mine is just an opinion that I give to the President. The final decision still belongs to the President,” Gonzalez conceded.

Gonzalez also said the discussions about the appointment of the next Chief Justice by Mrs. Arroyo is premature since incumbent Chief Justice Reynato Puno has yet to retire.

“In the first place this is still an academic issue because there is no vacancy and the President has not made any appointment. We are the ones creating an issue out of a molehill because this has been played up so much by media that it has infected even members of the Supreme Court,” he said.

Gonzalez said the opposition is always looking for issues that would create some controversy for the President.

But on the issue of the appointment of the Chief Justice, Gonzalez said all sides should just wait until the issue becomes justiciable, or ripe for the courts to decide on.

“Right now this (issue) is moot. We are just anticipating because nothing has happened so far,” he said.