President Arroyo should appoint a new Armed Forces chief of staff to avoid any legal headaches towards the end of her term, a Palace official said Sunday.

Chief Presidential Legal Counsel Raul Gonzalez said the President might only open herself to lawsuits if she extends the term of Armed Forces chief of staff Gen. Victor Ibrado as proposed by some groups. Ibrado will reach the mandatory retirement age of 56 next month.

Gonzalez maintained that the Constitution prohibits the term extension of a military chief unless the country is at war or a state of emergency has bee declared by Congress.

"A military officer must retire upon reaching the mandatory age of retirement. The extension of term is allowed only if there is war and there is a state of emergency declared by Congress. These two situations are not present. We are not in a state of war or emergency," he said in a phone interview.

"That's why she should be reminded of the constitutional provision that bans the extension of term of a military chief of staff," he said, when asked if the Palace is ready to face lawsuits in case she extends Ibrado's term.

Violation of the Constitution is a ground for impeachment of the President. Mrs. Arroyo has survived three impeachment attempts on various charges such as election fraud, corruption, and human rights abuses, in the past mostly after her administration-dominated Congress junked the complaints due to lack of basis. Her term of office expires this June.

Gonzalez contradicted Executive Secretary Eduardo Ermita's earlier remarks that the President can extend the term of military generals, including Ibrado who will retire next month. He said the extension of term of military chiefs had several precedents during the Aquino and Ramos administrations.

But Ermita said the President has not yet decided on whether or not she would prolong Ibrado's tour of duty. Several lawmakers earlier called on the President to keep Ibrado at the top AFP post to help ensure peaceful and orderly elections.