Department of Labor and Employment (DoLE) Secretary Francis N. Tolentino filed a motion for reconsideration Monday, asking the Pasig Regional Trial Court (RTC) Branch 152 to lift a writ of preliminary injunction halting the implementation of the P85 daily wage increase in the National Capital Region (NCR).

Guided by President Ferdinand Marcos Jr.’s directive to protect workers’ rights, DoLE maintained that Wage Order No. NCR-27 was legally issued through the established tripartite wage-setting process.

The motion asks the court 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 preliminary injunction.

“We filed a Motion for Reconsideration to strongly question the decision of Branch 152,” Tolentino said. “Basically, we are stating that the court lacks jurisdiction, administrative remedies were not exhausted, Article 126 was bypassed, and there was no demonstrated compliance with Article 123.”

Under Article 123 of the Philippine Labor Code, regional wage orders issued by Regional Tripartite Wages and Productivity Boards must be appealed directly to the National Wages and Productivity Commission (NWPC).

Article 126 strictly prohibits any court or tribunal from issuing temporary restraining orders or injunctions against proceedings before the NWPC or regional wage boards.

Tolentino was joined at the filing by assistant solicitor general Jane E. Yu of the Office of the Solicitor General, DoLE NCR regional director Sarah Buena S. Mirasol, assistant secretary Loreto B. Acharon, OIC-assistant secretaries Jebb Lynus Q. Cane and Catherine L. Prado, and NWPC deputy executive director Grace N. Mana-ay Badilla.

Tolentino stressed that the department will continue pursuing all appropriate legal remedies to secure the raise for minimum wage earners in Metro Manila.

The wage increase, which was scheduled to take effect last month, was expected to benefit approximately 1.1 million daily wage earners across Metro Manila to help them meet rising living costs.