By Mark Joseph M. Sanchez
A LAWMAKER and labor groups on Tuesday asked the Supreme Court (SC) to review a Pasig court’s rulings that halted the implementation of the P85 daily minimum wage increase for private-sector workers in the National Capital Region (NCR).
Akbayan Party-list Rep. Percival “Perci” P. Cendaña and labor leaders made the request in a letter submitted to the SC Judicial Integrity Office on Tuesday, seeking an administrative evaluation of the circumstances surrounding the Pasig Regional Trial Court’s (RTC) July 24 status quo ante order and July 30 temporary restraining order (TRO).
The groups said the request does not seek to determine the merits of the pending declaratory relief case or the validity of Wage Order No. NCR-27. Instead, it asks the High Court to examine whether the interim orders complied with Article 126 of the Labor Code, which prohibits courts, tribunals or other entities from issuing preliminary or permanent injunctions or temporary restraining orders against proceedings before the National Wages and Productivity Commission (NWPC) or regional wage boards.
“The request does not ask the Judicial Integrity Office to determine the merits of the pending declaratory relief case, nor to substitute its judgment for that of the trial court on the validity of the Wage Order,” the letter read in part.
Mr. Cendaña said while they are open to the filing of a petition, they are “hopeful” the Supreme Court will give due course to their letter.
Construction firms Readycon Trading and Construction Corp. and R-II Builders, Inc. on July 23 filed a petition for declaratory relief against the Regional Tripartite Wages and Productivity Board-NCR and the National Wages and Productivity Commission.
The companies, however, did not appeal the wage order to the commission within the 10-day period provided under the Labor Code, nor did they apply for an exemption, the letter said.
On July 24, just before the wage order took effect, the Pasig City RTC executive judge issued a status quo ante order directing the parties to maintain prevailing wage rates and conditions.
After the case was raffled to Branch 152, Judge Marie Joyce P. Manongsong issued a TRO on July 30 enjoining implementation of the wage order until Aug. 13, subject to a P1-million bond.
Senators and labor groups earlier asked the Pasig court to lift the order, warning the case could undermine the country’s wage-setting system and delay future pay adjustments. Labor officials also said the will seek legal remedies to overturn the TRO.
JURISDICTIONAL QUESTIONJose Sonny G. Matula, labor lawyer and president of the Federation of Free Workers, said the administrative review should distinguish between an erroneous court ruling and conduct that may warrant administrative sanctions.
“An erroneous ruling alone does not make a judge administratively liable. Judges must be free to decide cases — even wrongly sometimes; that is why we have appeals. But judicial independence is not a license to disregard clear jurisdictional boundaries,” Mr. Matula told BusinessWorld via Viber.
Mr. Matula added that an administrative offense, if established after due process, could carry sanctions ranging from a fine or suspension to dismissal, depending on its gravity.
Mr. Cendaña said the SC should look into the RTC’s action. “We believe the RTC has no business meddling in wage orders and, in fact, acted against Article 126 of the Labor Code,” he said in a statement.
Mr. Matula said the case could also prompt the SC to settle the broader jurisdictional issue surrounding court intervention in wage orders.
“For future wage cases, however, an administrative investigation is not enough. What the Bench and Bar really need is an authoritative Supreme Court ruling on whether RTCs may restrain wage orders when Article 124 of the Labor Code provides an appeal to the NWPC and Article 126 expressly prohibits injunctive relief against proceedings before the NWPC and Regional Wage Boards,” he said.
The groups also asked the SC to consider issuing an administrative circular reminding judges of the first and second-level courts of the limits on issuing interim relief that could suspend the implementation of wage orders.
The letter was also signed by representatives of Sentro ng Nagkakaisang Progresibong Manggagawa, National Union of Workers in the Hotel, Restaurant and Allied Industries, League of Independent Bank Organizations, United Domestic Workers Federation, Pinay Careworkers Transnational, Tala Estate Settlers Federation, National Alliance of Broadcast Unions, and the National Union of Workers in the Power Industry.
Wage Order No. NCR-27 provides a total P85 daily minimum wage increase in Metro Manila in two tranches. The first P60 increase was scheduled to take effect on July 25, while the remaining P25 is due on Jan. 20, 2027.
The Department of Labor and Employment earlier said workers who had already received the first tranche before the TRO took effect would not be required to return the wage adjustments.