Florentino “Pol” Viuya Jr. —Photo by Karapatan-Central Luzon
CITY OF SAN FERNANDO — A regional trial court (RTC) in Tarlac province allowed labor leader Florentino “Pol” Viuya Jr. to post bail after he was detained due to illegal possession of firearms and explosives charges more than a year ago, his lawyers said on Thursday.
Judge Jeovannie Ordoño of RTC Branch 109 in Capas town granted the motion for consideration of Viuya’s counsel after denying his first bail plea on June 6, casting doubt on the integrity of the police’s seizure of a hand grenade from the activist’s house on March 30 last year.
Viuya, 59, chair of the Workers’ Alliance in Central Luzon, posted a P100,000 bail bond and walked free from the Tarlac provincial jail on Wednesday night.
In a telephone interview on Thursday, Viuya said he did not fall ill with COVID-19 or other ailments because the prison’s safety protocol was strict.
‘Huli week’
But fellow activist and farmer leader Joseph Canlas, 59, passed away after contracting the virus in May last year while detained at the police jail in Camp Olivas and the Bureau of Jail Management and Penology facility in Angeles City.
Viuya and Canlas were arrested separately during the so-called “huli (arrest) week,” timed with the observance of Holy Week in 2021.
Despite his temporary liberty, Viuya said he still felt “uneasy” being out on bail after a stay of 17 months in jail.
“I don’t feel really free because the charges have not been finally dismissed,” Viuya said.
Ordoño ordered the provincial jail warden to release Viuya following his July 22 resolution, which Viuya’s lawyers received only on Wednesday.
“In sum, it fell short of proof that the seizure was valid as regards the hand grenade [;] rather it was proof of the poisonous tree, therefore inadmissible,” Ordoño said in his resolution.
The court said the hand grenade seized by the police could not have been in “plain view” during a search operation and that it was not included in the list of items on the search warrant.
It was allegedly found on a window sill at Viuya’s house in Tarlac’s Bamban town, according to his lawyer, Jo Clemente, in a separate interview.
“Minus the explosive, Viuya’s case becomes bailable,” said cocounsel Ericson de la Cruz.Viuya said he was planning to resume labor organizing work as soon as his health permits.
Progressive groups, such as Bayan Central Luzon, Akbayan and Karapatan, lauded Viuya’s release, asserting that his arrest was illegal and the charges against him were “trumped-up” due to “manufactured search warrants.”
The groups said the court’s decision to allow Viuya to post bail was a clear indication that the evidence against him was “planted.”