The Department of Justice (DoJ) is not giving up on the rebellion charges filed against the Ampatuan clan.

Acting Justice Secretary Alberto Agra said the DoJ will utilize all legal remedies to pursue the rebellion charges against some members of the clan of former Maguindanao Governor Andal Ampatuan Sr. and others by either filing a motion for reconsideration (MR) seeking to reverse the court’s decision, dismissing the case or bring the case to the Court of Appeals (CA).

Agra said the DoJ is not giving up its fight to pursue rebellion charges after a Quezon City Regional Trial Court (RTC) dismissed the rebellion charges against 24 accused, including seven who are detained. Most of the accused are members of the Ampatuan clan.

He said they will still pursue the rebellion charges against them by either filing an MR at the sala of Judge Vivencio Baclig of the QCRTC, Branch 77 or elevate the case to the CA for judicial determination of a probable cause.

There are still pending rebellion charges against 600 individuals.

“These pending rebellion charges are yet to be resolved. And we will still pursue the case against them,” he said.

Agra said the DoJ will appeal to Judge Baclig not to issue a release order for the seven detained accused because of a ruling of Judge Jocelyn Solis-Reyes, also of QC RTC Branch 221, finding the existence of probable cause for multiple murder charges against them in connection with the November 23, 2009 massacre against them. “We would also ask the custodian of the detained accused not to release them because of Judge Reye’s court order for multiple murder charges,” he said.

Apart from Ampatuan Sr., also detained are Zaldy Ampatuan, Akmad Ampatuan Sr., Sajid Ampatuan, Anwar Ampatuan, Takpan Dilon, and Esmael Canapia.

Judge Reyes found probable cause against the seven detained accused as well as the 188 other accused in the multiple murder charges.

“Judge Reyes did not issue warrants of arrest against the seven detained accused because they are already incarcerated by virtue an earlier warrants for rebellion. However, Judge Reyes ordered the continued stay of the seven accused for reason of the finding of probable cause for the charge of multiple murder charges against them,” Agra said.

Meanwhile, Agra said the detention facility to incarcerate all accused in the rebellion and multiple murder charges against some members of the former Governor Amptuan Sr. clan and several others and the “courtroom” in Camp Bagong Diwa, Taguig are now ready for the trial proper.

The DoJ Secretary cited accessibility, security and the cost and efficiency as reasons for their manifestation to incarcerate all the accused in Camp Bagong Diwa. “It is for the safety of the accused, the judges, the court staff as well as the lawyers and all other people securing the accused,” Agra said.

Agra added that security measures in the camp are now in place with the installation of CCTV and perimeter guards. “The Bureau of Jail Management and Penology and the Philippine National Police (PNP) are directed to deploy more security personnel,” he said.

This developed as Agra directed the National Bureau of Investigation (NBI) to arrest the remaining accused in the multiple murder charges.

Rebellion raps just a cover-up – JdV III
Meanwhile, the filing of rebellion charges over the Maguindanao massacre was just an attempt of the Arroyo administration “to cover up its crime of coddling the private army” in Mindanao, a senatorial candidate alleged.

Pwersa ng Masang Pilipino (PMP) senatorial bet Jose “Joey” De Venecia III said that the government had to cover up its tolerance for the Ampatuan private army, their strongest electoral operations ally in Mindanao.

De Venecia, son of former House Speaker Jose De Venecia Jr., issued the statement following the decision of Quezon City Regional Trial Court to throw out rebellion charges against the Ampatuan clan.

“The court’s finding revealed that the declaration of martial law in that part of Mindanao was just an attempt by President Arroyo to show a semblance of being in control of a situation she had allowed to fester – that of arming a political clan widely perceived to have been instrumental in manufacturing votes for the regime,” the younger De Venecia said.

“It may be that the filing of the rebellion case against the Ampatuans was actually designed to fail and was simply a moro-moro script to deceive Filipinos into thinking that the Arroyo government is committed to restoring order in Mindanao,” he noted. (With a report from Rio Rose Ribaya)