MANILA, Philippines—Jose Melo declared Thursday he will resign from the Commission on Elections if the Constitution is amended to postpone the 2010 presidential elections and the situation turns into something resembling martial law.

Melo, in an interview with the media, said there would be no need for the commission if moves to amend the Constitution and stop 2010 elections are successful.

Talk that President Gloria Macapagal-Arroyo will not step down after her term expires in 2010 resurfaced after Press Secretary Jesus Dureza prayed for Arroyo to “have forbearance, good health, and tolerance to lead this nation until 2010, and who knows, perhaps even beyond..." at the start of a Cabinet meeting on Tuesday.

Critics of the Arroyo administration fear that Charter change would give her and her allies the opportunity to amend provisions so she can stay on in power as prime minister in a new parliamentary set-up after her term ends.

Term extension is a “non-issue,” the Comelec chairman said. “For us, [the President's term] ends in 2010. That is according to our current system.”

When pressed by the media to comment on the possibility that there will be no elections in 2010, Melo said, "Then we will resign. We won't have anything to do because that would be like martial law.”

Despite talk that administration allies were resurrecting Charter change movement, Melo and other Comelec officials said they were confident that the 2010 presidential elections, their main preoccupation these days, will push through.

The Comelec is in the middle of organizing the 2010 presidential and national elections, where they expect around 40 million voters to elect a new batch of leaders using computerized voting machines.

The Comelec is currently studying options for automated voting systems. The poll body said automating elections would mean less cheating and faster results.

Commissioner Lucenito Tagle said advocates of Charter change would not have enough time for the bill to become a law. They would also have to gather public support for it, he said.

“We are busy preparing for the 2010 elections. Nothing can stop that,” Tagle said.

“I don't know if that can still change the Charter. They only have less than two years to do it,” he added.

If Charter change advocates call for a plebiscite, Tagle said the Comelec has no funds for a national-level vote.

“There is no budget for it. Congress should appropriate,” he explained.

He noted that the commission already has issued a resolution this week suspending all action on recall election petitions due to lack of funds.

The Comelec said the budget for recall elections currently stands at P5 million.