MANILA, Philippines? Former Maguindanao Governor Andal Ampatuan Sr. and his son, Autonomous Region in Muslim Mindanao (ARMM) Governor Zaldy Ampatuan, will face rebellion charges, Justice Secretary Agnes Devanadera said Monday.

In a press conference, Devanadera said they are set to file the case before the Cotabato court Tuesday after conducting inquest proceedings.

She said the filing of case before the court is pursuant to the requirement under the Constitution that all persons arrested or detained during the suspension of the writ of habeas corpus shall be judicially charged within 3 days otherwise be released.

Devanadera said the case that will be filed against the two is separate from the multiple murder complaint, which will be going through the regular preliminary investigation.

Aside from the two, Devanadera they are also evaluating the evidence to determine if 22 others including several Ampatuans could be charged with rebellion.

?We go by the evidence. We are evaluating the evidence to determine who will undergo the inquest proceedings tomorrow (Tuesday) but I am positive on Andal Sr. and ARMM governor Zaldy Ampatuan,? Devanadera said.

Devanadera said the Ampatuans are allegedly giving orders to Maguindanao residents including government workers to close offices in protest against the crackdown against their family.

?Actual rebellion?

Meanwhile, Devanadera noted ?it?s not future rebellion but actual rebellion of more than a thousand supporters of the Ampatuan family?, as she justified the declaration of martial law in Maguindanao.

?It is not a threat when a group has already organized. They have their own government. These people are loyal to the Ampatuans. This group is taking over the duly constituted government,? Devanadera said.

She said government offices are not functioning because the people are following orders from the Ampatuans.

Devanadera also maintained that the judiciary in Maguindanao is not functioning because ?if it is, we do not have to go to the Supreme Court for every proceeding.?

The Justice Chief said they had to go to the Supreme Court to ask for a judge that will issue search warrants, will accept the complaint that they will file, among others.

?Normally, we do not have to go to the Supreme Court but we only need to go straight to the courts,? she said.