Herrera is TUCP president–CA

THE Court of Appeals (CA) Seventh Division has ruled that former senator Ernesto F. Herrera is the rightful president of the Trade Union Congress of the Philippines (TUCP).

Herrera, the former TUCP General Secretary who assumed the presidency of the country’s biggest labor union in November 2011, had been locked in a much publicized leadership struggle with Democrito Mendoza, the former TUCP president who resigned then tried to take back his resignation, thus triggering a bitter intra-union dispute.

The 90-year-old Mendoza has been president of the TUCP for the past 32 years, until he tendered his resignation to the TUCP Executive Board effective November 1, 2011.

In a 32-page decision issued on 07 October 2013, the Court of Appeals ruled that Herrera is TUCP’s president in a holdover capacity until the labor union elects its new set of leaders.

“There is simply no evidence that the resignation of Mendoza was whimsical, arbitrary, capricious or uncertain. Hence, on such date, the TUCP Presidency became vacant,” read the decision penned by Associate Justice Noel G. Tijam.

The CA said Herrera “validly assumed office upon Mendoza’s resignation” and the same principle applies to the rest of the elective members of the TUCP’s Executive Board.

Section 9 of the TUCP Constitution stipulates that “in the event of vacancy in the office of the President by reason of death, permanent disability, resignation or removal from office, the General Secretary shall succeed the latter and shall serve for the unexpired term.”

The CA orders “Mendoza and/or his representatives to desist or refrain from doing any act” that would go against the court’s ruling.

The appellate court voided all actions of Mr. Mendoza after his resignation. “Thus, any act performed by Mendoza after his resignation has no legal effect and is not binding, for lack of authority,” the CA said.

Furthermore, the CA decision ordered the “Public Respondents (BLR-DOLE) to supervise, monitor and insure that for the period of his incumbency as President of TUCP in a hold-over capacity, President Herrera, as well as the other Petitioners shall have full use and access to the TUCP offices including its equipments, facilities, papers and properties in Quezon City and located elsewhere, as maybe necessary in the discharge of official duties, without interruption or disruption from Private Respondent Mendoza, his representatives or agents; Public Respondents are also ordered to sanction, in accordance with existing laws and applicable regulations, any TUCP member or agent who obstructs, delays or defeats the enforcement of this decision.”

On January 25, 2012, Mendoza and his allies forcibly took over the TUCP building, preventing legitimate TUCP officials and staff from performing their everyday duties.

The CA decision hopes to end the two warring factions in the country’s biggest trade union.

“We welcome the CA decision. We have always been confident that we will get justice from the Court because we abided by the laws of the land and TUCP’s own union constitution and bylaws,” Herrera said.

“A labor union is a pillar of democratic society so it should also be democratic. It shouldn’t be treated like family property or like a family-owned corporation that you could rule over as you will and even bequeath to your sons. The TUCP is the largest democratic center of various free labor federations, and now, under our new leadership, it could be run as such,” he added.

Even prior to the CA decision, the TUCP’s two parent organizations, the International Trade Union Confederation (ITUC) Asia Pacific in Singapore and the ITUC in Brussels, have already recognized Herrera’s succession as TUCP President. The ITUC represents 175 million workers in 156 countries and territories and has 315 national affiliates.

The American Center for International Labor Solidarity (Solidarity Center), the Union Network International – Asia Pacific and consultant of the Danish Trade Union Council (LO-FTF) also expressed the same support for Herrera.

The TUCP has over a million members. It represents workers in 17 regional wage boards, except in the Autonomous Region in Muslim Mindanao. Twelve of the 20 labor representatives in the National Tripartite Industrial Peace Council are leaders of TUCP affiliate federations.