Duterte’s program and working institutions

Although Davao City Mayor Rody Duterte is my choice among the candidates for May 2016, I must caution against excessive adulation of his person.

This has been the bane of our presidential system with candidates being voted on popularity rather than on their capacity and ability to govern, to manage institutions and appoint good people with track records.

People like him because he made Davao, a once violent, chaotic city, into one more peaceful and orderly. There are all sorts of stories about the unorthodox ways he used to stop the criminality. I read about it in newspapers but I have neither proof nor evidence of acts they have imputed to him to make Davao what it is today – the ninth best governed city in the world.

This was a few months ago when he was still wrestling in his mind about the problems of being president and how it would impact on his personal life.

But he did pinpoint the difficulties if he were President correctly. The first was how he would deal with Congress. He was, of course referring to the presidential system’s Congress.

“Dealing with both chambers of Congress as head of the executive branch. It would be a bureaucratic headache that would require radical reforms.” Since then he has been heard to say that it would need a revolutionary government focused on changing the structure of our politics and government. So far, he has not referred to the kind of reforms the revolutionary government would envision. Being from Mindanao, he has concentrated on the issue of federalism.

Replying to a question about his management style, the Davao City mayor said dealing with both chambers of Congress as the head of the executive branch would be a bureaucratic headache that would require radical reforms. He has since changed his mind about running for President but his problem of how to deal with Congress and pursue radical reforms remain. He has at least the honesty to say that if he is expected to change government he must have the tools to manage it. That should be the direction of our support for him, It will not be enough for him to ruthlessly impose the rule of law. That means an effective justice system. He can only do this with constitutional reform.

This column, as it has done through several administrations advocates changing the system through constitutional reform and for that he needs an iron hand. His adversary is powerful and moneyed – the oligarchy. This was impossible to overcome because previous leaders did not have the personality or support of the masses it needed but Rody Duterte has. I am afraid he will have to use it.

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Take the case of the illegal seizure of the TUCP. It highlights the need for stable and effective institutions. In this case it needs a strong justice system.

When groups for constitutional reform like BayanKo, NACTODAP and TUCP federations tried to bring in the numbers for a popular movement for constitutional reform through labor unions it was quickly squelched. In the UK and elsewhere the political structure includes a strong labor party envisioned also for the Philippines.

But the Aquino government it is said may have other uses for the numbers. It needs numbers for the Liberal Party candidate but for different reasons. What better strategy than to get the TUCP under their umbrella to endorse Mar with PCOS machines.

The talk is that with numbers the Liberal Party candidate can get away with another PCOS victory as it did in the 2010 and 2013 elections. How would a reformist government tackle this hooliganism?

“When TUCP president died, the ALU Mendoza group immediately moved in the labor headquarters with armed men at early dawn.

All this despite the fact that General Secretary Cedric Bagtas succeeded as TUCP president under Section 9, Article 10 of the TUCP Constitution and Standing Orders. Brother Bagtas had called a TUCP executive board and general council meeting on 11 November 2015 and made the proper constitutional appointment of appointive members of the executive board who were co-terminus with the deceased president, including other vacant positions and staff. The general council duly confirmed the appointments.

In the same meeting, he appointed Brother Ruben Torres as assistant general secretary. Brother Torres acceded to the position of general secretary, which was then vacant, under Section 18, Article 10 of the constitution. Brother Torres properly succeeded to the TUCP presidency under Section 9, Article 10 of the TUCP constitution. The executive board confirmed this appointment. The general council confirmed Brother Torres as the duly-elected successor of president Ernesto F. Herrera.

The ALU group headed by Democrito Mendoza disregarded the TUCP constitution and called for its own “TUCP general council” meeting on 24 November 2015. The rump meeting, which had no quorum, elected Raymond Democrito Mendoza (one of the sons of D. Mendoza) as president, Arnel Dolendo as general secretary, and Esperanza Ocampo as treasurer.

The rump meeting violated both the decision of the Court of Appeals affirmed by the Supreme Court, which ruled that Brother Herrera was the rightful president of TUCP and invalidated all appointments and actions of Mendoza since 1 November 2011. The decision became effective after the Writ of Execution issued by the Bureau of Labor Relations (BLR). President Herrera had called a TUCP convention for March 2016.

This rump meeting had no quorum. The Mendoza group failed to appreciate that the TUCP general council is made up, not only of affiliated federations, but also of the (1) president; (2) general secretary; (3) treasurer; (4) the representative of the president,(5) the representative of the general secretary and (6) the representative of the treasurer; (7) the chair of the women’s committee and (8) the chair of the youth committee; all of whom are with the rightful TUCP president Torres.

Would Rody Duterete have the balls to take up this type of hooliganism and utter disregard for the law.

All those for strong and legal labor unions can contact Ruben D. Torres as TUCP president and former executive secretary: (0908) 8513320. Email: [email protected]

Cc email: [email protected]; [email protected]; [email protected]

Website: www.tucp.org.ph