Pasig: The Department of Labor and Employment (DOLE) has filed a motion for reconsideration with the Pasig Regional Trial Court (RTC) Branch 152, seeking to lift the writ of preliminary injunction against NCR Wage Order No. NCR-27. This order mandates an PHP85 minimum daily wage increase in the National Capital Region.
According to Philippines News Agency, Secretary Francis Tolentino submitted the motion, aiming to dismiss the case due to lack of jurisdiction and failure to state a cause of action. The motion also requests a new order denying the petitioners' application for a writ of preliminary injunction. In his statement, Tolentino emphasized that the court's decision disregarded Article 126 and failed to demonstrate compliance with Article 123 of the Philippine Labor Code.
Article 123 oversees the issuance of regional Wage Orders by the Regional Tripartite Wages and Productivity Boards, requiring any appeals to be directed to the National Wages and Productivity Commission (NWPC). Article 126 prohibits courts from issuing temporary restraining orders or injunctions against proceedings before the NWPC or regional wage boards.
Tolentino was supported by Assistant Solicitor General Jane Yu, DOLE NCR Regional Director Sarah Buena Mirasol, Assistant Secretary Loreto Acharon, OIC-Assistant Secretaries Jebb Lynus Cane, Labor Arbiter Catherine Prado, and NWPC Deputy Executive Director Grace Mana-ay Badilla. The DOLE chief reiterated the wage order's issuance followed the tripartite wage-setting process, aligning with President Ferdinand R. Marcos Jr.'s directive to uphold workers' dignity and rights.
The wage adjustment, scheduled for implementation last month, was anticipated to benefit approximately 1.1 million daily wage earners in Metro Manila.