NCR wage hike: SC urged to intervene after Pasig RTC extends suspension

MANILA, Philippines — Labor groups on Tuesday filed an urgent motion asking the Supreme Court (SC) to intervene in the suspended wage hike in Metro Manila, citing continued losses in workers’ daily pay.

The manifestation was brought before the high tribunal after Pasig Regional Trial Court (RTC) Branch 152 granted on Aug. 13 the preliminary injunction sought by two construction firms in their petition against the mandatory P85 minimum wage increase for Metro Manila workers.

The writ of preliminary injunction further delayed the wage increase following the temporary restraining order (TRO) issued by the Pasig court on July 30 against the initial P60 pay raise that was set to take effect on July 25, the labor groups noted.

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“More significantly, the preliminary injunction transformed what had initially been a temporary twenty-day restraint into a judicial restraint capable of continuing throughout the pendency of the principal action,” the groups said.

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The Pasig RTC set an injunction bond of P10 billion for Readycon Trading and Construction Corp. and R-II Builders Inc. The bond serves as security for damages to the parties that sought injunctive relief if the court decides to reverse its decision.

READ: Pasig court issues TRO on implementation of P85 NCR minimum wage hike

READ: Labor groups run to SC: Wage hike TRO is ‘justice in reverse’

In its 20-page manifestation, the labor groups questioned whether the RTC had jurisdiction and legal authority to cite Rule 58 of the Rules of Court in issuing the preliminary injunction against the wage order.

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“Rule 58 is not a free-floating source of jurisdiction,” they pointed out. “The Supreme Court’s Civil Procedure Benchbook recognizes that the general power to issue injunctions is subject to statutory and jurisdictional limitations.”

They added that Congress delegated minimum wage determination to regional boards and administrative review to the National Wage and Productivity Commission.

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The labor representatives also reiterated the limitations of lower courts in disrupting the implementation of wage orders under Article 126 of the Labor Code. They said the Pasig court acknowledged the provision under the law but described the injunction order as “preservative relief.”

“With respect, characterization cannot enlarge jurisdiction. Calling an injunction preservative does not answer whether the court possesses statutory authority to issue it,” they said.

The workers were also not given the opportunity to present evidence during the injunction hearing, which they said was a “serious due-process infirmity.”

Under National Capital Region (NCR) Wage Order No. 27, handed down by the Regional Tripartite Wages and Productivity Board, the first tranche of the P60 wage hike will be followed by the implementation of the remaining P20 in January next year.

Judge Marie Joyce Manongsong of Pasig RTC Branch 152 issued a TRO against the increase, while Judge Achilles Balauitan of Pasig RTC Branch 154 issued a status quo order against the wage order.

In an effort to reverse these orders, various labor organizations on Aug. 12 filed a petition for certiorari and prohibition before the SC, which they described as “social justice in reverse.”

In a statement on Tuesday, Rep. Eli San Fernando of Kamanggagawa party-list urged the high court to stem the “severe and irreversible” financial cost that the Pasig court’s ruling has inflicted on minimum wage earners.

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“It is time for the Supreme Court to rein in the lower courts and stop this judicial overreach before it escalates into open season on the wage hikes workers are entitled to.” /mcm