I don't know what Solicitor General Calida's pre-law course is, but surely, it is not political science. Because if it is, then, Calida's Polsci professor must be a moron. And if it is not, then, I have to call the attention of his Constitutional 1 professor who erroneously taught him about the state.
The fact is---international analysts around the world must have been laughing hard and some probably even threw tomatoes at Calida's pimpled face. He is the only one around the world who actually gave legal importance on ISIS. Calida's view that the ISIS is a legitimate state is one of the dumbest and most stupid statements ever coming from a government official.
May I ask Attorney Calida where he got the idea that ISIS is a fully recognized state? Or probably Calida is a secret sympathizer of ISIS, alongside his boss, that's why he thinks that ISIS is a state, and most likely, another government similar to the Philippines. Because the last time that I heard, the allied forces together with the Arab coalition has since erased ISIS control over several true states, including Syria and Iraq.
Or probably, Calida might have gotten the idea from reading several ISIS propaganda materials, which claims that ISIS is indeed exercising full sovereign control over certain territories of the known world. And Calida is fully convinced that indeed, ISIS is a rogue state.
For those who don't know, a state is a concept. For a territory to be considered a state it must have: first, a constituency, a group of people who recognize and are willingly subservient to or have since given their loyalty to the ones claiming to have a state. Calida must have thought that since ISIS is capable of waging a protracted war against the state, there must be millions of ISIS sympathizers out there who also consider themselves citizens of ISIS.
Two, a state must have a territory which it exercises full control over. Yes, ISIS did occupied several towns and areas which were previously towns and cities of Iraq and Syria. And Calida might have considered these areas as legitimate territories under ISIS.
Third, Government. Ah, yes, ISIS has a government of its own because right now, those occupied territories are since been using ISIS flags as symbol of their state.
Fourth, sovereignty. The ISIS has a government which fully asserts its sovereignty over occupied territories. The thing is, this so-called government is now unable to fully exercise the use of Force into its claimed territories because the ISIS has since been nearly wiped out by the coalition forces.
At the very least, says the New York times, ISIL is transforming into a proto-state, still not a fully functioning state recognized internationally. This is the purview of the New York Times last 2015. Two years had past, and the ISIS is no longer asserting itself amongs the people living in those occupied territories.
The whole international community still considers ISIL as a terrorist organisation, not a state.
Implications of Calida's pronouncement
Remember that rebellion and invasion are political crimes. They are acts which the offender or perpetuator undertakes in pursuit of a political agenda. Under our laws, the punishment for rebellion or invasion is life imprisonment.
For rebellion to be proved, there must be an intent expressed publicly, to occupy government installations and see to it that the act disrupts governmental functions.
The Palace says, there is a willful intent to subvert the sovereignty of the Philippine Government when the Maute Group members occupied several buildings and raised the ISIS flag.
Calida says that what is happening in Marawi has "transmorgrified" from just rebellious acts of local terror groups into an "invasion."
His pieces of evidence? Corpses of foreigners killed, identified as Malaysians, Indonesians and a Singaporean. And of course, when the terror groups raised the ISIS flag in several portions of Marawi city.
Okey. For Calida, those are overt acts of invasion. Are these so-called "pieces of evidence" sufficient to qualify Maute's actions as "invasion"?
First, there should be an investigation how these foreigners were killed. For one, the AFP knows that there are several hundreds of foreigners living in Marawi. Are they now considered Maute members just because their corpses were among the dead? How were they killed? Were they in possession of firearms and were fighting government troops?
And evenif they were foreign fighters, do they represent ISIS? What is the proof?
Let us then consider they really are ISIS members---again, we go back to our initial rebuke of Calida--is ISIS a government, even a state at all? No. The international community considers ISIS as an international terrorist organisation, not a state.
Then our imaginary DDS member would say, eh, they raised the ISIS flag.
Do you see the flag of Japan and the United States in several places in Malate? How about if I raise the flag of ISIS infront of my house, does that mean invasion or rebellion? No.
Such flimsy excuse that these terrorists have raised the ISIS flag and therefore, that is already a sign of an invasion is stupid.
Are there evidence that these terrorists have already supplanted local authorities in Marawi? None. The mayor remained and is still in control of Marawi, thereupon, belying the palace yarn that there is an attempt at supplanting the sovereignty of the Philippine Government over Marawi.
Yan na nga ba ang sinasabi ko. Masyadong kabado ang mga taga administrasyon. Former senator Rene Saguisag is right---this declaration just shows the weakness of Mr. Duterte.