MANILA, Philippines - A military takeover is one of two possible scenarios that may happen in case of a failure of elections or a failure of proclamation of a new president by noon of June 30, a University of the Philippines (UP) professor said Friday.

Professor Marvic Leonen, dean of the UP College of Law, said another possible situation is an incumbent president, in this case, President Gloria Macapagal Arroyo, insisting that she act as a holdover president pending the proclamation of a new one.

Leonen said that in the 2 situations he mentioned, a Chief Justice would play a big role because the constitutionality of the 2 acts would eventually be brought to the Supreme Court for clarification.

"Ang Chief Justice ang magdedesisyon kung kailangan niyang i-convene ang Supreme Court en banc para pag-usapan ang kaso na ito, at siyempre, dahil Chief Justice siya, siya ang magse-set ng tone ng discussion ng 15 [justices]. (The Chief Justice will decide if there is a need to convene the Supreme Court en banc to tackle this case, and because he is the Chief Justice, he will set the tone for the discussion of the 15)," the UP professor said.

There are fears that Mrs. Arroyo might use the Armed Forces of the Philippines to remain in power. These fears were heightened by Mrs. Arroyo's appointment of her former military aide and loyal supporter, Gen. Delfin Bangit.

Bangit's other classmates in the Philippine Military Academy Class of 1978 hold top positions in the armed forces, including the new Philippine Army chief, Lt. Gen. Reynaldo Mapagu.

Leonen said that both scenarios are likely in case there is a failure of elections, plus the absence of a Senate president, which is next to the vice-president in the line of succession.

He said that to avoid the 2 scenarios, incumbent senators whose terms will end by 2013, should elect a new Senate president.

Senate President Juan Ponce Enrile’s term will also end on June 30. He is seeking a re-election.

In case of the absence of a Senate president, the speaker of the House of Representatives can act as holdover president.

However, Speaker Prospero Nograles’s term also expires on June 30.

SC independence

Leonen said the Supreme Court’s latest ruling allowing President Arroyo to appoint the replacement of outgoing Chief Justice Reynato Puno, who retires on May 17, puts “in question the independence of the judiciary.”

He said it would be the first time in so many years that “a president that will be most likely prosecuted by the next administration” has appointed all 15 members of the SC.

Leonen said the academe fears that the latest SC decision has set a dangerous precedent on interpreting the Constitution.

He said the arguments the SC used to allow Mrs. Arroyo to appoint the next Chief Justice, despite an election ban on midnight appointments, has not only alarmed the academe, but also the legal profession.

“Now, even the practitioners are protesting. Maybe because there is a limitation on the discretion on how to read and interpret [the Constitution],” he said.

He added that many lawyers feel that the “fundamental cannons of interpretation” of the Constitution have been violated by the latest SC decision.

Nine of the SC justices said that the judiciary or the High Tribunal is not included in the election ban on midnight appointments.