Supreme Court final ruling settles TUCP leadership row

15 August 2018

The Supreme Court (SC) on June 20, 2018 issued a resolution denying with FINALITY the motion for reconsideration filed by the group of the former and late Sen. Ernesto Herrera on the issue of determining the legitimate member organizations of the Trade Union Congress of the Philippines (TUCP). The highest court’s final ruling finally settled the issue of legal and legitimate representation and leadership of the labor center, particularly the legality and legitimacy of convening the TUCP General Council and the hodling of TUCP Convention and election of officers that was held on April 2, 2016 in TUCP Headquarters in Diliman, Quezon City, where all the 27 member-organizations were invited to participate pursuant to Article VI of the TUCP Constitution and By-Laws. 

During the said Convention, the 17 member-organizations/federations present and in good standing constituting a quorum elected Rep. Raymond Mendoza from the Associated Labor Unions (ALU) as President; Atty. Arnel Dolendo from the Philippine Trade and General Workers Organization (PTGWO) as General Secretary; and Esperanza Ocampo from the Philippine Government Employees Association (PGEA) as Treasurer. The delegates also elected the other members of the TUCP Executive Board representing other TUCP federations with a 5-year term of office until 2021.

The conduct of the TUCP Convention and Regular Election of Officers, in compliance with the orders and resolutions of the Court of Appeals, the Supreme Court, and the Bureau of Labor Relations, put to rest the issue on TUCP leadership along with the demise of its key leaders – Atty. Democrito Mendoza of ALU, former Sen. Ernesto F. Herrera of AMAPO, Victorino F. Balais of PTGWO and Zoilo dela Cruz of NACUSIP. 

The Convention and election of the new officers of TUCP were held in pursuant to the Writ of Execution issued by the Bureau of Labor Relations (BLR) on 11 August 2015 implementing the Decision of the Court of Appeals dated 07 October 2013, as amended by its Resolution issued on 16 June 2014, and as affirmed by the Supreme Court in its Resolutions dated 27 August 2014 and 09 February 2015.   The Writ of Execution issued by the BLR on 11 August 2015 with respect to the leadership issue of the TUCP is deemed complied with.

The most recent decision of the Supreme Court has the practical effect of affirming and sustaining the legitimacy of the 02 April 2016 8th TUCP Convention and Regular Election of Officers which resulted to election of current leadership under President Raymond Mendoza.

With the final decision of the Supreme Court, the TUCP could now be able to fully revitalize, consolidate and further expand its membership with an open-door policy to the other 10 legitimate organizations of the TUCP that went with the group of Sen. Herrera during the leadership dispute.

The TUCP under the leadership of Rep. Mendoza can now fully revive its participation in the International Trade Union Confederation (ITUC) and re-connect wih other national and international labor and fraternal organizations. Also, the organization can now proceed full steam ahead to reconstituting its working committees and functional deparments to develop and offer more programs and services to its members in the manufacturing, services, transportation, and agriculture sectors nationwide including its OFW members both land and sea-based. It can also now fully develop its properties and facilities without legal question or any impediment which will greatly help in strengthening the operations of the TUCP for the benefit of workers, their families and communities. The TUCP leadership is very grateful to all its allies and supporters in the government, in the media, and in the Nagkaisa Labor Coalition who believed in the legitimate leadership of the TUCP under Rep. Mendoza.  The labor center commits to continue its work to serving the Filipino workers in the country and overseas.

SUPREME COURT ISSUED RULING ON TUCP LEADERSHIP ROW

22 March 2018

The Supreme Court (SC), it its Resolution dated January 24, 2018, dismissed the petition filed by the camp of former Senator Herrera against the decisions of the Bureau of Labor Relations (BLR), the Department of Labor and Employment (DOLE) Secretary and the Court of Appeals. The high court said the petition was filed using a wrong legal procedure. 

On March 31, 2016, the BLR issued an Order determining the 27 bonafide and legitimate member-organizations of the TUCP. That BLR Order was assailed by the “Herrera Group” and they made an appeal to the Office of the Secretary (OSEC) of the Department of Labor and Employment (DOLE). 

Following the March 31, 2016 BLR determination of member-organizations/federations, the TUCP held its 8th Convention and Regular Election of Officers on 02 April 2016, at the TUCP Headquarters in Diliman, Quezon City, Philippines, pursuant to Article VI of the TUCP Constitution and By-Laws.  All the 27 member-organizations were invited to participate in the Convention and the election of new officers.  The said convention elected Rep. Raymond Mendoza from the Associated Labor Unions (ALU) as President; Philippine Trade and General Workers Organization (PTGWO) Atty. Arnel Dolendo as General Secretary; and Philippine Government Employees Association (PGEA) Esperanza Ocampo as Treasurer.

On September 28, 2016, the March 31, 2016 Order of the BLR was affirmed by the new Secretary of Labor and Employment Silvestre H. Bello III and the subsequent Motion for Reconsideration filed by former Labor Secretary Ruben D. Torres, who represented himself as the new TUCP President was denied on December 13, 2016.

The February 21, 2017 Petition for Certiorari filed by former Labor Secretary Torres and Atty. Capoquian with the Court of Appeals (CA) assailing the rulings of the current Secretary of Labor and Employment, Silvestre H. Bello III was dismissed by the Thirteenth Division of the Court of Appeals on August 11, 2017.  The CA sustained the Resolutions of the BLR and DOLE, affirming “that there are only 27 labor organizations as legitimate TUCP members”. On September 20, 2017, the camp of Mr. Torres filed a petition for certiorari with the Supreme Court to reverse and set-aside the Court of Appeals decision. After almost four months, the Supreme Court resolved to dismiss the said petition due to technicality. The TUCP is now just waiting for the Certificate of Finality of the Supreme Court decision that will be issued within 30 days beginning the date of issuance of the court resolution. The TUCP leadership under Rep. Raymond Mendoza hopes that the leadership dispute within the labor center will be finally settled soon in favor of the majority of its legitimate members.