Philippine Department of Justice secretary Leila De Lima plans to designate a panel of prosecutors to re-investigate the case involving the 38 alleged members of the Sultanate of Sulu's Royal Army Security Force (RSF), Philippines media reported.

The 38 alleged members were intercepted by authorities off waters in Tawi-Tawi and were allegedly to have took part in the incursion in Sabah. They were the first batch of the RSF members to face charges in the Philippines following their incursion in Sabah over the Sultanate’s territorial claim.

The re-investigation of the case filed two weeks ago against the 38 alleged followers of Sulu Sultan Jamalul Kiram was ordered on Monday, by the Tawi-Tawi Regional Trial Court Branch 5.

The accused, who are detained at a naval facility in Panglima Sugala, are facing cases of violation of Article 118 of the Revised Penal Code for Inciting to War and giving motives for reprisals, illegal possession of firearms and violation of the election gun ban.

De Lima said that the court’s order for a re-investigation did not mean the government did not have a strong case against the 38 detainees.

“That’s (re-investigation) really a remedy provided under the Rules of Court…They were arrested without warrant and one remedy available to the accused is a re-investigation or preliminary investigation,” said De Lima in a Philippines Daily Inquirer report today.

She said upon the separate arrests of the 38 alleged followers, they were just subjected to an inquest and they did not have a chance to submit their evidence. A re-investigation of the case will give these alleged followers a chance to submit their evidence.

“So this is not an indication that the case against them is not strong but the respondents are just given fuller opportunity to present their side and for investigators, to further strengthen the case against them,” said De Lima in the news report.