Former ambassador and retired Army chief Gen. Fortunato Abat said Estrada extended Reyes’ tour of duty only to ensure the latter’s loyalty.
"You can extend the term of the chief of staff only in times of war or during emergencies," Abat told reporters by telephone. "But there was no war. Therefore, the extension was unconstitutional. It was only meant to get the loyalty of Reyes."
Abat was the first retired military official to call for the resignation of Estrada. He said that under Article 16, Section 5 of the 1987 Constitution, laws on retirement of military officers shall not allow the extension of their service.
He further noted that the Constitution mandates that the tour of duty of the Armed Forces’ chief of staff shall not exceed three years. However, he said this can only be extended in times of war and other national emergencies which have to be declared by Congress.
Reyes is due to retire on March 17. Five days before he and the military officially withdrew their support from Estrada, his term was extended until July 2002, thereby completing the full three-year term as chief of staff.
Acting Defense Secretary Eduardo Ermita said President Arroyo has not yet officially acted on the extension of Reyes’ term.
Abat pointed out that the President can always revoke the extension and select from among many candidates for the post afterwards.