The Philippine Online Chronicles

The spokesperson of president-elect Benigno ‘Noynoy’ Aquino III said Armed Forces of the Philippines Chief of Staff Lt. Gen. Delfin Bangit must resign from his post after the Commission on Appointments (CA) bypassed his appointment.

Atty. Edwin Lacierda said, “By law, he can no longer hold office and should resign because he was not confirmed. General Bangit should resign.”

He added that President Gloria Macapagal-Arroyo cannot reappoint Bangit as chief-of-staff, as it is prohibited by Article 7, Section 15 of the Constitution or the ban on midnight appointments.

Bangit was among Arroyo's "midnight appointees." His term expired effectively when Congress adjourned sine die, and he may have to be replaced by his deputy in an acting capacity, according to the head of the CA.

Meanwhile, Senate President Juan Ponce Enrile said the AFP vice chief of staff will have to take over. "That’s why you have a vice chief of staff,” he said in a Philstar.com report.

AFP vice chief of staff Lt. Gen. Rodrigo Maclang is Bangit’s successor. Enrile said in an Inquirer.net report that Maclang will hold the position of chief of staff until the new President appoints a new military chief.

But the AFP maintained that Bangit will remain chief of staff of the military. "As of now, Gen. Bangit remains as the chief of staff of the AFP," military spokesman Lt. Col. Arnulfo Burgos said in a radio interview, adding that only Arroyo and the next president have the right to say when Bangit should step down.

Malacanang, on the other hand, said the nation should not be disturbed by the CA decision to bypass Bangit since there are legal options and processes that apply for such a situation. Palace officials said they will have to study Enrile’s position. “We have to find out if there's an automatic effect that the current chief of staff has to immediately leave his post,'' said Press Undersecretary Rogelio Peyuan.

According to Manila Times online, Bangit had declared his readiness to leave if apparent president-elect Sen. Benigno “Noynoy” Aquino III orders him to do so, but he would not submit any courtesy resignation. Reports indicate that Noynoy is not likely to appoint Bangit to the AFP’s top post.