CEBU, Philippines- The Supreme Court has ruled with finality that former Senator Ernesto Herrera is the legitimate and constitutional president of the Trade Union Congress of the Philippines, ending a four-year impasse in the TUCP leadership.
In a statement, Herrera’s camp said the high court’s First Division rendered its ruling in a resolution dated February 9, 2015.
The resolution affirmed the 2013 decision of the Court of Appeals 7th Division declaring “Herrera, along with other elective members of the Executive Board, as the lawful officers of the TUCP.”
The said CA decision “annulled and set aside” the status quo ante decision of the Department of Labor and Employment.
The Court of Appeals also declared “any act performed by Mendoza after his resignation has no legal effect and is not binding, for lack of authority.”
The impasse on the TUCP leadership started with the resignation of then 91-year-old Atty. Democrito T. Mendoza on November 1, 2011 who decided to retake the TUCP presidency from Herrera, the constitutional successor.
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“This included forceful and illegal occupancy of the TUCP home office which continues to this day,” the statement reads.
The statement said further that the case dragged for over three years, occasioned by DOLE’s flawed interpretation of the unambiguous provisions of the TUCP constitution on leadership succession.
“With the Supreme Courts’ decision, the TUCP will resume full operation and engagement with tripartite partners, without encumbrance,” Herrera said.
Herrera added that as the biggest trade union confederation in the Philippines, TUCP reiterates its commitment towards equity, inclusive growth, workers’ protection, and decent work for all.
TUCP, with 1.2 million members, is the biggest confederation of labor federations in the Philippines.
Today, the TUCP, as the most representative labor center in the country is composed of some 40 biggest national labor federations, with members in all sectors and industries (from agriculture to manufacturing to services) including government employees.
It also has members coming from associations/organizations of groups from migrant workers, the informal economy, domestic workers, drivers, urban poor, youth groups, cooperatives, alliances, coalitions and other civil society groups.
TUCP is an affiliate of the International Trade Union Confederation and its Asia-Pacific Regional Organization. (FREEMAN)
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