UPDATE: Karnation 20, Out of Jail. Last Three Detained Workers Finally Granted Bail

The campaign for the release of the unjustly detained workers of Karnation Industries and Export Inc. posted another victory last Friday, March 19, 2010 when Executive Judge Candido O. De Los Santos signed the discharge order for three more accused workers after they posted bail.

Joseph Atienza, Pulido Baguno, and Claro Claridad felt relieved when learned that they will be released on the said day. “Akala namin kahit meron ng pang-bail, matatagalan pa bago kami makalabas, lalo na’t nalaman namin na iba na pala ang judge,” (We thought that even there is money for bail, it will take much longer before we are released, especially that it came to our knowledge that a new judge is taking over the case) Baguno said. “Sa wakas, malaya na rin kami kahit pansamantala lang,” (Finally, we are free, albeit temporarily), Atienza enthused.

Out of the jail, they met their relatives and friends who were excitedly waiting outside.  They were all elated and eager to go home to be with their families and friends. “Umiyak nanay ko nang makauwi sa bahay,” (My mother cried when we got home) Claridad said.

The requirements were actually completed by March 18, but presiding Judge Ma. Theresa Cruz-San Gabriel could not immediately sign the order due to a pending Motion for Inhibition filed against her on March 16 by complainants affiliated with Pansy Accessories – the same company behind Karnation Industries.

The motion was in contrast to the complainants’ earlier statements in previous hearings that it will not oppose the judge decision to grant bail to the accused provided that the latter will increase the amount. The judge did increase the amount of bail but still slapped with Motion for Inhibition in the complainant’s last bid to delay the release of remaining detained workers. The hearing for the motion will be held on March 29.

The accused were facing the crime of Serious Illegal Detention (Art. 267 of the Revised Penal Code), following the strike they held May 2007. In the labor protest, the workers decried the company’s labor rights violations: Cainta, Rizal-based Karnation pays its workers rates that are but half of the established minimum wage, and does not provide them with the government-mandated benefits, holiday pay, 13th month pay and night differential. In addition, the Karnation management illegally dismissed union members.

Almost three years later, led campaign for their release gained ground in the country, as well as abroad. Their case was amongst the many new cases presented to the ILO High Level Mission to the Philippines in September last year. Among their supporters were labour and human rights organizations from the US, Canada, Europe, New Zealand and Hongkong that sent letters to buyers of Pansy Accessories, the complainants and Philippine government authorities. Led by the Center for Trade Union and Human Rights (CTUHR)  and the Women Workers In Struggle for Employment, Empowerment, and Emancipation (Women WISE³), the campaigners were also able to draw financial support for the workers from trade unionists abroad.

In a CTUHR and Women WISE³ organized reunion meeting with the ex-detainees and some family members held on March 22,  Karnation workers expressed their deep appreciation for the support  that various groups and individuals in the country and abroad have given to them. “Hindi siguro uusad ang aming kaso kung wala ang tulong ni Atty Saladero Jr, ng CTUHR at ng iba pang mga organisasyon. Kung wala ito, baka hanggang ngayon ay nakakulong pa rin kami,” (Our case will be on a standstill without the help of Atty Saladero Jr, the CTUHR and other organizations. Without them, perhaps we will still be in jail) the workers quipped.  

Some of the ex-detainees however, expressed a new battle that they have to fight, that is alienation from their families that had been taken away from them by their almost three years in prison.  Women WISE³ is now preparing for the rounds of psycho-social counselling for them and their families.

Meanwhile, the 14 workers who were released in December had filed a motion to reduce the amount of additional bail imposed on them on the ground that until now, they have not found any employment. The workers are also set to reviving the illegal dismissal case they have filed against Karnation Industries at the Department of Labor and Employment (DOLE) Region IV (case # 03-60542-10-RT) with the following demands: reinstatement with full back wages, and  payment of money claims.

“Nakalaya man kami, hindi pa tapos ang aming laban. Magpapatuloy pa rin kami para ipagtagumpay ang aming kahilingan at maging sa pag-oorganisa ng manggagawa,” (We may have been freed temporarily, but our fight is not over. We shall continue to win our demands and organize other workers), declared Sonny Batuyong, union president of the Congress of Labor Organization-Karnation Industries chapter—in that Sunday meeting.#