THE Department of Labor and Employment (DOLE) has filed a motion for reconsideration seeking to lift the injunction that halted the P85 minimum wage increase in Metro Manila.
In its motion before Pasig Regional Trial Court Branch 152, DOLE asked the court to dismiss the case for lack of jurisdiction and failure to state a cause of action.
It also sought the denial of the petitioners’ application for a writ of preliminary injunction.
DOLE maintained that the petitioners bypassed the administrative remedies provided under the Labor Code before bringing the dispute to court.
Labor Secretary Francis N. Tolentino said the department is challenging the ruling on several grounds, including the court’s jurisdiction and its treatment of Articles 123 and 126.
‘We filed a motion for reconsideration to strongly challenge the decision of Branch 152,’ Tolentino said.
‘We are basically saying that the court has no jurisdiction, administrative remedies were not exhausted, Article 126 was disregarded, and compliance with Article 123 was not established,’ he added.
Under Article 123, appeals involving regional wage orders are brought before the National Wages and Productivity Commission (NWPC).
Meanwhile, Article 126 prohibits courts, tribunals or other entities from issuing temporary restraining orders or injunctions against proceedings before the NWPC or regional wage boards.
At stake is Wage Order No. NCR-27, which would grant an additional P85 in daily pay to minimum wage earners in Metro Manila.
Around 1.1 million workers were expected to benefit from the increase, which was scheduled to take effect last month before its implementation was stopped by the court.
DOLE said the wage order went through the prescribed tripartite wage-setting process involving labor, employers and government.
Tolentino filed the motion on Monday together with Assistant Solicitor General Jane E. Yu and officials from DOLE and the NWPC.
Implementation of the P85 wage hike remains suspended while the court considers DOLE’s bid to overturn the injunction.