DOLE asks court to reconsider freeze on wage hike in Metro Manila

MANILA – The Department of Labor and Employment (DOLE) on Monday filed a motion for reconsideration before the Pasig Regional Trial Court (RTC) Branch 152, seeking to lift the writ of preliminary injunction it has issued against NCR Wage Order No. NCR-27, mandating an PHP85 minimum daily wage hike in the region.

Secretary Francis Tolentino filed the motion which seeks to dismiss the case for lack of jurisdiction and failure to state a cause of action, and to issue a new order denying the petitioners’ application for a writ of preliminary injunction.

“We filed a Motion for Reconsideration to vigorously challenge the decision of Branch 152. We are arguing, basically, that there was a lack of jurisdiction, administrative remedies were not exhausted, Article 126 was disregarded, and compliance with the provisions of Article 123 was not demonstrated,” he said in a statement.

Article 123 of the Philippine Labor Code governs the issuance of regional Wage Orders by the Regional Tripartite Wages and Productivity Boards and mandates that any appeals must be brought before the National Wages and Productivity Commission (NWPC), while Article 126 strictly prohibits any court, tribunal, or entity from issuing temporary restraining orders or injunctions against proceedings before the NWPC or regional wage boards.

Tolentino was joined by Assistant Solicitor General Jane Yu of the Office of the Solicitor General, DOLE NCR Regional Director Sarah Buena Mirasol, Assistant Secretary Loreto Acharon, OIC-Assistant Secretaries Jebb Lynus Cane and Labor Arbiter Catherine Prado, and NWPC Deputy Executive Director Grace Mana-ay Badilla.

Guided by President Ferdinand R. Marcos Jr.'s directive to uphold the dignity of workers, the DOLE chief maintained that the wage order was issued through the established tripartite wage-setting process and pursuant to the government’s continuing commitment to protect workers’ rights.

The wage adjustment scheduled to take effect last month, was expected to benefit approximately 1.1 million daily wage earners in Metro Manila.

-Philippine News Agency