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MANILA, Philippines - Rebellion charges are set to be filed in court against 24 individuals, including former Maguindanao Gov. Andal Ampatuan Sr. and Autonomous Region in Muslim Mindanao (ARMM) Gov. Zaldy Ampatuan, the Department of Justice (DOJ) said Tuesday.

The charges will be filed before the Cotabato City Regional Trial Court on Wednesday, the DOJ said.

Aside from Ampatuan Sr. and Zaldy, the DOJ will also file rebellion charges against Akmad Tato Ampatuan, Anwar Ampatuan, Sajid Islam Ampatuan, Goldo Ampatuan, Abdulla Kaliangat Ampatuan, Kusain Akmad Sakilan, Jovel Vista Lopez, Rommy Gimba Mamay, Sammy Duyo Villanueva, Ibrahim Tukya Abdulkadir, Samil Manalao Mindo, Amaikugao Obab Dalgan, Billy Cabaya Gabriel Jr, Moneb Smair Ibrahim, Umpa Ugka Yarya, Manding Abdulkadir, Dekay Idra Ulama, Kapid Gabriel Cabay, Koka Bating Managilid, Sammy Ganda Macabuat, Duca Lendungan Amban and Akmad Abdulijah Ulilisen.

DOJ Undersecretary Ricardo Blancaflor said that the panel of prosecutors investigating the November 23 massacre has wrapped up its inquest proceedings against the Ampatuans and their co-accused.

However, due to a provincial holiday declared Tuesday celebrating the Catholic Feast Day of the Immaculate Conception, the DOJ was not able to file the case in court, Chief State Prosecutor Jovencito Zuño said.

Based on the findings of prosecutors, Blancaflor said there was probable cause to indict the 24 for rebellion.

He said the case will be filed based on the affidavits submitted by the witnesses accusing the Ampatuans of ordering government offices to close down in protest of the crackdown of the military against the family.

Other witnesses also testified on the role of the Ampatuans in planning and implementing the withdrawal of allegiance from the government.

Meanwhile, Blancaflor said the prosecutors will amend the 25 counts of multiple murder charges filed against Datu Unsay Mayor Andal Ampatuan Jr., saying that 15 more counts of multiple murder will be added.

Ampatuan Jr. is the prime suspect in the November 23 incident, which left 57 people dead.

However, Blancaflor said they might wait for the formal transfer of the case to the Regional Trial Court of Quezon City before filing the additional charges.

The Supreme Court on Tuesday approved the transfer of the murder case of Andal Jr. and other co-accused from Cotabato City to Quezon City.

'Separate rebellion, murder charges'

Meanwhile, constitutional law expert and Ateneo Law School dean emeritus Fr. Joaquin Bernas said that the government has a big job ahead in proving that the murder cases against Ampatuan Jr. are not connected to the alleged rebellion in Maguindanao.

Bernas said that if the Maguindanao massacre cases become connected to the rebellion charges, which was the basis for the declaration of martial law in parts of the province, the murder case will be absorbed by the heavier rebellion case.

If this happens, Bernas said, even if Ampatuan Jr. becomes convicted of murder, since it is already part of a rebellion case, the President can grant him pardon after the final conviction, and he can also be granted amnesty.

However, amnesty could be harder to come by, since it requires approval of Congress, voting separately.

Because of this possibility, he urged the public to be more vigilant to help bring justice to the victims of the massacre.

'Ampatuan Sr's arrest still justifiable'

Meanwhile, University of the East (UE) College of Law Dean Amado Valdez said that the government's detention of Ampatuan Sr. is still justifiable.

In a phone interview with ABS-CBN News, Valdez said the law states that the government can still file a case versus the former Maguindanao governor on Wednesday, since Tuesday is a holiday and is not counted in the 72-hour window.

Valdez said what's important is that the case is filed on the first working day after the holiday to avoid having a delay of delivery of a detained person in court after a warrantless arrest.

He added that the law states that the case should be filed within 72 hours. He said that it is insufficient to just start the inquest proceedings, adding that this should have been completed because the three-day allotment is already sufficient to gather evidence against an accused.