DOLE seeks to overturn court order blocking NCR's PHP85 minimum wage increase

The Philippines' Department of Labor and Employment (DOLE) has filed a motion for reconsideration seeking to overturn a court order that temporarily halted the implementation of an PHP85 minimum wage increase for workers in the National Capital Region (NCR).

Labour Secretary Francis N. Tolentino submitted the motion before the Pasig Regional Trial Court (RTC) Branch 152 on 17 August, challenging the writ of preliminary injunction issued against NCR Wage Order No. NCR-27.

The department is seeking to have the case dismissed on the grounds of a lack of jurisdiction and failure to establish a valid cause of action. It has also requested that the court deny the petitioners' application for a writ of preliminary injunction.

According to DOLE, the wage order was issued through the country's established tripartite wage-setting mechanism and is consistent with the government's commitment to protecting workers' rights.

Tolentino said the department's motion questioned the court's authority to intervene in the matter, arguing that the petitioners failed to exhaust the administrative remedies available under Philippine labour laws.

Under Article 123 of the Philippine Labor Code, appeals related to regional wage orders must be filed with the National Wages and Productivity Commission (NWPC). Article 126 further prohibits courts, tribunals or other entities from issuing temporary restraining orders or injunctions against proceedings involving the NWPC or regional wage boards.

DOLE maintained that these provisions limit judicial intervention in wage-setting decisions made through the country's statutory labour institutions.

The labour secretary was joined in filing the motion by Assistant Solicitor General Jane E. Yu, DOLE National Capital Region Director Sarah Buena S. Mirasol, Assistant Secretary Loreto B. Acharon, Officer-in-Charge Assistant Secretaries Jebb Lynus Q. Cane and Catherine L. Parado, as well as NWPC Deputy Executive Director Grace N. Mana-ay Badilla.

The department reiterated that it would continue pursuing all available legal remedies to secure the implementation of the wage increase.

The PHP85 adjustment, which was originally scheduled to take effect in July, would benefit an estimated 1.1 million daily wage earners across Metro Manila.

Labour officials argued that the increase would provide much-needed financial relief to workers facing rising living costs and inflationary pressures.

DOLE said its efforts to reinstate the wage order remain aligned with its mandate to protect workers' rights while promoting a fair and balanced labour market.

The case is expected to remain under judicial review while the court considers the department's motion for reconsideration.