By Benjamin Cuaresma
MANILA — The Department of Labor and Employment (DOLE) is challenging the court order that halted the implementation of the P85 wage increase in Metro Manila, arguing that the Regional Trial Court has no jurisdiction over the wage-setting dispute.
Labor Secretary Francis Tolentino and Assistant Solicitor General Jane Yu personally filed a motion for reconsideration before the Pasig City Regional Trial Court, asking the court to reverse its preliminary injunction and allow the wage increase to proceed.
Tolentino said the companies seeking to block the wage order should have first brought their objections before the National Wages and Productivity Commission (NWPC) instead of immediately going to court.
“Kailangan muna nilang mag-file doon sa NWPC. Meron silang 10 days. So hindi inexhaust. So wala talagang primary jurisdiction ang regional trial court,” Tolentino said.
The labor department maintains that the wage dispute should first undergo the administrative process prescribed under the wage-setting system.
Yu said the injunction should be overturned because the trial court allegedly interfered with a matter that falls within the authority of the wage-setting agencies.
“Ang posisyon po namin ay kailangan baligtarin ng korte yung inilabas niyang injunction dahil unang-una wala siyang hurisdiksyon na paghimasukan yung pagsasaliksik, pag-alam, at pag-issue ng wage order,” Yu said.
The dispute stemmed from petitions filed by several construction companies seeking to stop the implementation of the Metro Manila wage increase.
The first tranche, which was supposed to take effect last month, remains stalled because of the injunction.
Tolentino strongly criticized the court intervention, saying the continued suspension of the wage increase is already affecting workers.
He maintained that businesses can absorb the initial P60 increase, which forms part of the approved wage adjustment.
“Ito ay dagok sa ating labor code, dagok sa karapatan ng mga manggagawa. At siguro hinihiling natin, ulit-ulit kong sabihin, na aminin ng husgado na mali sila,” Tolentino said.
For DOLE, the issue goes beyond the disputed wage amount. The department is challenging what it considers an improper bypassing of the established administrative process for wage disputes.
The wage controversy has also spilled into another courtroom, with a separate case filed in Navotas seeking to challenge the wage increase.
Tolentino expressed hope that no additional cases would be filed in other areas, as the government seeks to defend the implementation of the wage order.
The latest legal move now puts the wage hike squarely back before the Pasig court, with DOLE asking that the preliminary injunction be lifted and the implementation of the Metro Manila wage increase be allowed to proceed.
For workers awaiting the additional pay, however, the legal battle means the promised wage adjustment remains caught in court proceedings.
ia/xf
