THE Philippine National Police Criminal Investigation and Detection Group and the National Bureau of Investigation on Monday recommended the filing of rebellion charges against five members of the powerful Ampatuan family including Maguindanao Gov. Andal Ampatuan, Sr. and his son Andal Ampatuan, Jr, Autonomous Region in Muslim Mindanao Gov. Zaldy Uy Ampatuan, and 19 members of the Maguindanao Civilian Volunteer Organization, the first to be charged with the offense after President Macapagal-Arroyo placed the province under martial law.

The rebellion charges are separate from murder cases being prepared against the Ampatuan’s over election-linked massacre of 57 persons in Maguindanao last November 23, Justice Secretary Agnes Devanadera said.

But, according to lawyer Harry Roque the Proclamation 1959 imposing martial law in parts of Maguindanao has weakened the case of prosecutors since a lot of the evidence that could have been used in the murder case was obtained without warrants.

“As a lawyer of some of the victims in the massacre, our case has been weakened because a lot of the evidence gathered by authorities was taken without warrants, which we can no longer use. It’s what we call the fruit of the poisoned tree. If it is illegally obtained, we cannot use it in court,” Atty. Roque said in an interview.
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