MANILA, Philippines--FROM DAVOS CAME CHILLY NEWS, INDEED President Macapagal-Arroyo has sent word that she?s giving Gen. Hermogenes Esperon, the incumbent chief of staff of the Armed Forces of the Philippines, an extension. She said Esperon?s scheduled Feb. 9 retirement has been postponed, because ?There is a momentum in the campaign against the NPA [New People?s Army], and we expect this to snowball in the next several months, so it?s very difficult to suddenly change horses when there?s a momentum that we have to sustain.?

Since the President assumed office, she has had nine chiefs of staff, eight of them her appointees. Let?s listen to what she said during the change of command ceremony on Nov. 28, 2002: ?Each of these chiefs of staff have their own distinct and remarkable personality, but I think they have one thing in common. All my choices for AFP chief of staff have shown outstanding leadership, loyalty to the Constitution, and faith in the chain of command and the commander in chief. That is why I am unperturbed by criticisms of the short terms of the last two chiefs of staff. For it is leadership, not time that is the sole measure of command.?

And let us reflect on these additional words from the commander in chief, from the same speech: ?And I shall continue to judge the command only by the high standards of merit and professionalism. I believe that there is no essential relationship between the brief stints of our last two chiefs of staff on the one hand and the stability of the armed forces on the other.? And she went on to say, ?Our last two chiefs of staff are our best argument that the length of command is not the most relevant trait of good military leadership.?

In all the time since, and as the cavalcade of stars clattered by, she upheld that policy. Only now, has she seen fit to extend the term of one of them. What makes Esperon so special? From chilly Davos, the President said it wasn?t because he continues to prop her up on a throne of bayonets. Rather, she said, she preferred him as a stream-crossing mount. We suspect this is only an opening gambit to keep him on until 2009.

The Constitution, specifically Sec. 5 (5) and (7) of Article XVI, generally prohibits extensions for chiefs of staff, whose tour of duty ?shall not exceed three years? except in times of war or national emergencies declared by Congress, in which cases the President may extend their terms. The framers of the Constitution introduced this prohibition obviously to obviate President Ferdinand Marcos? practice of extending the terms of his AFP chiefs of staff, as he did in the case of Gen. Romeo Espino during the early years of martial law, and in the case of Gen. Fabian Ver during the twilight of his regime. Right now, there is no war or national emergency, but if the government expects its anti-NPA offensive to heat up, then a future declaration could be in the cards. But until then, how to keep Esperon in the saddle?

Presidential Decree 1636, as amended by Presidential Decree 1650, established the compulsory military retirement age at 56, while granting the chief executive (at the time, Marcos) wide latitude in extending the active service of military personnel. However, the Marcos decrees, while still law, are limited by the provisions of Republic Act 8186. This law declares, as official policy, that while an officer may be given fixed terms for various positions (such as chief of staff), if he reaches retirement age ahead of the end of his term, he must retire.

General Esperon was promoted to chief of staff effective July 21, 2006, when Gen. Generoso Senga reached the age of 56. Thus, in legal theory, Esperon could serve until July 12, 2009. Except that he will reach the age of 56 on Feb. 9, 2008. President Arroyo ought to submit to existing jurisprudence.

But as always, she would rather explore all options that could strengthen her prerogatives beyond the existing consensus on presidential powers. As with all controversial presidential decisions, this one, we believe, is headed for resolution in the courts. This is another window the President ought never to have opened; for many observers, it readily looks onto the possibility that Esperon will be serving not just for three months more, but until 2009, for as long as his commander in chief believes that he ought to. Given the reservations and doubts surrounding his original appointment as AFP chief, we wonder how far and wide the implications of such a scenario inspire peace of mind.