SolGen says Marawi attack is a clear rebellion to establish Islamic State

June 14, 2017

Solicitor General Jose Calida told Supreme Court justices that the Marawi crisis “is part of bigger plot to establish an Islamic State,” during the second day of oral arguments over the legality of President Rodrigo Duterte’s proclamation of martial law in Mindanao. "The crisis in Marawi is not an isolated incident; it is part of a bigger plot to establish an Islamic State. This is not only a display of Maute's force but a siege of power," Calida told the Supreme Court on Wednesday.. "The rebels seized Marawi not just with the intention of striking fear. They wanted to establish a caliphate and dismember Malawi," Calida said, as he presented to the justices an ISIS flag recovered by the military from the rebels. He said elements of rebellion -- raising arms against the government and culpable purpose of removing allegiance from the government -- were present in the crisis that required Duterte to use his power of declaring martial law under Section 18, Article VII of the Constitution. Asked by Senior Associate Justice Antonio Carpio why the declaration covered the entire Mindanao when there was no rebellion in other provinces, Calida cited "linkages" between Maute and other rebel groups in Mindanao like Bangsamoro Islamic Freedom Fighter and Abu Sayyaf. "The seeds of rebellion were already planted in different parts of Mindanao. Public safety requires the declaration of martial and suspension of privilege of habeas corpus not just in Marawi but in entire Mindanao," Calida said. Chief Justice Ma. Lourdes Sereno inquired why was there need to declare martial law when the president has the power to call out the military. Calida said the president saw the calling out power as a milder response and wanted a stronger action to stop the rebellion. "That's the judgment call of the President; he alone was vested with such power," the Solicitor General said. “When he (President) saw the gravity of the rebellion he had to act decisively and therefore he chose martial law tool to save Marawi from total capture by the rebels. I do not understand why petitioners are afraid of martial law.” The Supreme Court has ordered Defense Secretary Delfin Lorenzana and Armed Forces chief of staff Gen. Eduardo Año to attend Thursday’s continuation of the oral arguments. Sereno issued the directive after petitioner Albay Rep. Edcel Lagman moved that the Court requires the presence of  Lorenzana and Año. DMS