THE Department of Labor and Employment (DOLE) has taken decisive legal action to defend the stalled ₱85 minimum wage increase for workers in Metro Manila.
On August 17, DOLE Secretary Francis N. Tolentino filed a Motion for Reconsideration before the Pasig Regional Trial Court (RTC) Branch 152, seeking to immediately dissolve the preliminary injunction halting Wage Order No. NCR-27.
The motion urges the court to dismiss the petition against the wage order, arguing a lack of jurisdiction and failure to state a cause of action. Secretary Tolentino emphasized that the petitioners failed to exhaust available administrative remedies before turning to the court.
“Nag-file tayo ng Motion for Reconsideration para mariin nating kuwestyunin ‘yung naging desisyon ng Branch 152. Sinasabi natin, basically, walang jurisdiction, hindi in-exhaust ‘yung administrative remedies, tinalikuran ‘yung Article 126 at hindi naipakita na mayroon talagang pagsunod doon sa nilalahad ng Article 123,” Secretary Tolentino stated.
Under Article 123 of the Labor Code, appeals regarding regional wage orders fall strictly under the authority of the National Wages and Productivity Commission (NWPC).
Furthermore, Article 126 explicitly prohibits courts from issuing temporary restraining orders or injunctions against proceedings conducted by the NWPC or regional wage boards.
Secretary Tolentino was accompanied at the filing by Assistant Solicitor General Jane E. Yu, DOLE NCR Regional Director Atty. Sarah Buena S. Mirasol, Assistant Secretary Loreto B. Acharon, OIC-Assistant Secretaries Atty. Jebb Lynus Q. Cane and Labor Arbiter Catherine L. Parado, alongside NWPC Deputy Executive Director Grace N. Mana-ay Badilla.
Aligning with President Ferdinand R. Marcos Jr.’s mandate to protect labor dignity, DOLE maintains that the wage adjustments were legally established through the proper tripartite process.
The original wage increase was slated to take effect last month, offering essential financial relief to roughly 1.1 million minimum wage earners in the capital region amid rising living costs. DOLE reaffirmed its intent to pursue all available legal avenues to secure the delayed wage adjustments for Metro Manila’s workforce.
