The Department of Labor and Employment (DOLE) has petitioned a Pasig City court to dissolve a preliminary injunction that halted the implementation of a ₱85 daily minimum wage increase in Metro Manila.
Labor Secretary Francis Tolentino confirmed that a motion for reconsideration was submitted on Monday, August 17, before the Pasig Regional Trial Court (RTC) Branch 152. The filing seeks to toss out a petition brought by two construction companies against National Capital Region Wage Order No. NCR-27.
Under Wage Order No. NCR-27, minimum wage earners are granted a total daily pay raise of ₱85. The adjustment was structured in two tranches, featuring an initial ₱60 increase slated for late last month, followed by an additional ₱25 in January 2027.
DOLE argued in its appeal that the trial court lacks legal authority over the matter under existing labor laws.
“We filed a motion for reconsideration to question the decision of the (Pasig City RTC) Branch 152 because all the administrative remedies were not exhausted. Article 126 was set aside and it was not shown in the decision that Article 123 was followed,” said Tolentino.
Article 123 of the Labor Code assigns authority over regional wage orders to the Regional Tripartite Wages and Productivity Boards, designating the National Wages and Productivity Commission (NWPC) to handle appeals.
Furthermore, Article 126 prohibits courts from granting injunctions or temporary restraining orders against proceedings overseen by the NWPC or regional wage boards.
“The motion 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,” said Tolentino.
The wage increase was designed to cushion the impact of rising living expenses for approximately 1.1 million daily wage earners across the National Capital Region.
Tolentino reiterated that DOLE will utilize all available legal avenues to defend the mandated pay increase, asserting that the agency’s petition aligns with its legal obligation to safeguard workers’ welfare while fostering a balanced labor market.