Dole seeks to lift injunction vs. P85 NCR wage hike

MANILA, Philippines — Labor Secretary Francis Tolentino on Monday filed a motion for reconsideration before the Pasig Regional Trial Court (RTC) seeking to lift the injunction that halted the implementation of the P85 wage increase for minimum wage earners in Metro Manila.

In an advisory released Monday afternoon, the Department of Labor and Employment (Dole) said Tolentino filed a motion to lift the injunction against NCR Wage Order No. 27 as the agency continues to pursue legal remedies to allow the wage increase to take effect.

The Dole said it remains committed to pursuing the P85 increase under the tripartite wage-setting process and its mandate to protect workers’ rights and welfare.

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The Pasig RTC Branch 152 on Aug. 13 issued a writ of preliminary injunction extending the suspension of Wage Order No. 27 pending its determination of the petition filed by construction companies Readycon Trading and Construction Corp. and R-II Builders Inc.

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READ: Pasig RTC extends suspension of NCR wage hike

The court had earlier issued a temporary restraining order on July 30 that remained in effect until Aug. 13.

What the court halted

Wage Order No. NCR-27 provides for an P85 daily minimum wage increase to be implemented in two tranches. The first tranche, amounting to P60, was supposed to take effect on July 25, while the remaining P25 is scheduled for implementation on Jan. 20, 2027.

The construction companies had asked the court to suspend the wage order while their petition for declaratory relief was being heard. They questioned whether the employers’ capacity to pay had been properly considered in determining the wage increase.

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In granting the preliminary injunction, the Pasig RTC said it was aware of the burden the order would impose on workers.

The court said it was “cognizant of the burden that this order would cause the millions of workers in the National Capital Region” and “not indifferent to the plight of the workforce, particularly the minimum wage earners.”

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READ: P85 wage hike further delayed by Pasig court order

It said the case raised questions about how workers’ interests should be weighed against businesses’ constitutional right to reasonable returns on investment, as well as their capacity for expansion and growth.

The court also said the case presented what it described as a “novel issue regarding the binding nature of Article 124 of the Labor Code.”

It noted that Article 124 sets the standards and criteria for fixing minimum wages, including the “fair return of the capital invested and capacity to pay of employers.”

The court further noted the companies’ claim that the information used by the Regional Tripartite Wages and Productivity Board (RTWPB) in determining the wage increase came from public consultations whose attendees, according to the petitioners, were “insufficient representatives of their respective sectors.”

READ: How Metro workers will budget P85 wage increase

Dole to continue legal fight

Following the injunction, Tolentino had vowed that Dole would continue pursuing legal remedies to defend the wage increase.

“The ruling of Pasig RTC Branch 152 does not merely suspend a wage increase—it takes food off the table of more than a million Metro Manila workers and their families,” Tolentino said earlier.

He also said the P85 increase was significant for workers who live from paycheck to paycheck, as the additional income could be used for food, transportation, rent, school expenses, electricity, and other basic needs.

“At a time when every peso matters, this ruling denies our workers the relief they have earned and urgently need,” he added.

Tolentino also said the department would continue to challenge the court order.

“We strongly express concern over this setback for social justice. We will exhaust every lawful remedy to overturn this ruling and defend the rights and welfare of our workers,” he said.

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He assured workers that Dole would not abandon them while the legal proceedings continue, saying the department’s responsibility was to stand up for workers and their families. /mcm