MANILA, Philippines -- Why provide the Ampatuans with what could be an easy way out?

Members of the opposition in the House of Representatives are shaking their heads at the administration's decision to file rebellion charges against members of the Ampatuan clan who are being linked to the harrowing massacre of 57 people in Maguindanao.

Bayan Muna Rep. Satur Ocampo said that since there was no basis to accuse anybody of rebellion in Maguindanao, the Ampatuans could dodge this charge and thus get away with murder.

Rebellion could encompass other criminal acts, such as murder or robbery.

?Rebellion subsumes all acts like murder. What we see here is that by the declaration of martial law, the cry for justice could be frustrated because if rebellion would be filed against the Ampatuans, and there is no factual basis for saying there is a rebellion, they could easily argue that they are not liable. If they are acquitted of rebellion, the murder charges would also be done away with,? Ocampo told reporters.

But Justice Secretary Agnes Devanadera explained in a news forum earlier that the multiple murder cases against Datu Unsay Mayor Andal Ampatuan Jr. and other suspects would not be absorbed in the rebellion case.

She said the rebellion case would be based only on acts allegedly committed by the Ampatuans to resist, defy and undermine government authority to arrest suspects in the massacre.

The government, in imposing martial law, claimed that the Ampatuans had been mobilizing armed supporters to thwart, by any means, state security forces trying to arrest suspects.

Kabataan Rep. Raymond Palatino pointed out that Moro National Liberation Front leader Nur Misuari was recently acquitted of rebellion for the deadly attack on a military camp in Sulu, and noted that this might be what the administration would want to happen to the cases against the Ampatuans.

Aba-Ako party list Rep. Leonardo Montemayor also wondered why the President saw it fit to declare martial law in Maguindanao, but not in other parts of the country where rebellion has also been taking place, such as those areas controlled by the Moro Islamic Liberation Front.

?If you say there's rebellion in Maguindanao, isn't there rebellion going on in other parts of the country? Why limit it to Maguindanao?? Montemayor asked.

Akbayan Rep. Walden Bello said that the Ampatuans were already being prosecuted even before martial law was imposed in Maguindanao. Bello said the government's claim that certain offices were not being cooperative could not be considered as elements constituting rebellion.

?We feel that this is a situation in which normal judicial processes were able to handle the process,? he said.

He warned that the Arroyo administration might take the martial law in Maguindanao further. He said the President could be testing whether martial law could be imposed even without an actual rebellion.

?We must not underestimate the desperation of this president to remain in power... Never for a moment underestimate the capacity of GMA (Gloria Macapagal-Arroyo to turn a crisis in her presidency to an opportunity to perpetuate herself in power,? he said.
He also said the proclamation of martial law may be a ploy to diffuse the criticism of the President's close relations with the Ampatuans.

Palatino criticized the President's report to congress on Proclamation 1959.

He said the government failed to cite a proper source, and only resorted to citing ?duly verified information? to assert that the Ampatuans were responsible for the closure of government offices in the province and for the refusal of government officials to do their jobs.

He added that the government resorted to using adjectives and adverbs to justify the martial law proclamation instead of citing facts. For instance, he said, it just cited a ?formidable? group of Ampatuan's followers in the area.

In the report, Malacañang said that it could have gone after the suspects in the massacre had not the Ampatuans blocked their efforts.

?The capture of identified leader Mayor Andal Ampatuan Jr. would have resulted in the expeditious apprehension and prosecution of all others involved in the gruesome massacre, but situation proved the contrary. The Ampatuan group backed by a formidable group of armed followers, have since used their strength and political position to deprive the chief executive of her power to enforce the law and maintain public order and safety. More importantly, a separatist group based in Maguindanao has joined forces with the Ampatuans,? it had said.

The report also contained graphic pictures of the victims, which showed their mutilated bodies.