It may be recalled that this saga began when Democrito Mendoza resigned as TUCP president in November 2011, whereupon Ernesto Herrera, then general secretary, assumed the position of president.
then changed his
mind, and his
supporters occupied the TUCP headquarters.
Each side to the dispute appointed or elected its own general secretary.
In August 2012, the Bureau of Labor Relations
found in favor of Mendoza
, directing that the status quo ante should prevail and that a special convention be held to fill the vacant positions.
Herrera's appeal was dismissed by DoLE in May 2013, and his
motion for reconsideration denied two months later.
In October, the Court of Appeals took a very different view of the matter, ruling that the BLR
had been wrong in holding that formal acceptance of Mendoza's resignation was necessary to render it effective; instead, it should have accepted the provision in the TUCP constitution and by-laws for automatic succession of the general secretary to the vacant presidency.
It was found that the BLR had committed grave abuse of discretion in issuing its status quo ante order (by means of which events would have been wound back to the situation prior to Mendoza's resignation), and that it was "complicit to a falsehood that lawyer Mendoza did not resign."
It was further ruled that the incumbency of officers appointed by Mendoza
terminated with his own resignation, and Herrera was now authorized to replace them.