Arroyo mulls options in dealing with Bangit controversy

Outgoing President Gloria Macapagal-Arroyo is considering her options but will follow the 1987 Constitution in tackling a potential leadership vacuum in the Armed Forces of the Philippines involving bypassed AFP Chief of Staff Lt. Gen. Delfin Bangit. Deputy presidential spokesman Rogelio Peyuan hinted Mrs. Arroyo is likely to follow the chain of command if Bangit must quit his post, as an election ban on appointments is still in effect. “In this case, the president will be doing everything within the bounds of the Constitution of the Republic of the Philippines. Kung ano ang hinihingi ng batas, gagawin ng Pangulo. Maghintay tayo ng saglit na panahon upang makita ang magiging larawan ng AFP hanggang sa panahong ito kung saan ang hinihinging sitwasyon magpasya ang Pangulo ng Republika ng Pilipinas in her two capacities as appointing authority and commander-in-chief of the AFP," Peyuan said on government-run dzRB radio. (What the law requires, the president will do. Let us wait to see what happens, when she exercises her duties as AFP commander-in-chief and as appointing authority.) He admitted Mrs. Arroyo could not appoint someone else to replace Bangit or extend his term even by two weeks, due to the 1987 Constitution’s appointments ban during the election period. Next in the AFP chain of command is vice chief of staff Lt. Gen. Rodrigo Maclang, who is reportedly due to retire next month. On Friday, Senate President Juan Ponce Enrile said Bangit must step down as his appointment as AFP chief of staff was bypassed by the Commission on Appointments. The CA, which Enrile chairs, will no longer tackle Bangit’s appointment as the 14th Congress already adjourned sine die Friday. Under Section 15, Article VII of the Constitution, “(t)wo months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety." According to Peyuan, since Mrs. Arroyo is still covered by the election ban, she cannot make new appointments. So the AFP still has its chain of command to make sure it continues to function in such contingencies, and that there is an automatic successor under such situation. But Senate defense committee chairman Rodolfo Biazon said Bangit can still stay at his post since what Malacañang submitted to the CA was a request to confirm his appointment to the rank of general, and not his appointment as AFP chief of staff. Under Sec. 16, Art. VII of the 1987 Constitution, the President “shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution." “Hindi dapat mag-alala ang bansa sapagka’t sa tuwina magkaroon ng ganitong sitwasyon na di natin maaring sabihin na ngayon lang nangyari kundi nakahanda ang Saligang Batas sa mga ganitong sitwasyon kung saan di dapat mag-alala sinuman sapagka’t the president herself President Gloria Macapagal-Arroyo will be acting in her capacity as commander-in-chief of the AFP (The public should not be worried because the Constitution has provisions that will guide us in dealing with the problem. The president herself will deal with the problem as AFP commander-in-chief)," Peyuan said. Maclang as AFP chief Peyuan said the Palace has no problem with Maclang taking Bangit’s place, especially if the law requires it. Bangit is perceived to be close to Mrs. Arroyo as he is a member of the Philippine Military Academy Class 1978 that adopted her as an honorary member. On the other hand, presidential front-runner Sen. Benigno Simeon “Noynoy" Aquino III had hinted he will not retain Bangit as AFP chief of staff. Peyuan also said that even if Maclang is due to retire next month, there are provisions in place on who should take over his place. “We are dealing with the nation’s security and we have nothing to worry about. We still have the incumbent president of the Republic of the Philippines who is very, very much on top of the situation and at the same time as commander-in-chief of the AFP," he said. Peyuan added Mrs. Arroyo may talk to Maclang about the top AFP post should Bangit step down. He also said there may be a brief formal turnover ceremony from Bangit to his successor. “At any rate this will not prevent the president from doing her constitutional obligation to look at, or at least be in communication with the next in line and what to do," he said. — GMANews.TV