THE government is seeking to revive the P85 wage hike for the National Capital Region with the Office of the Solicitor General (OSG) arguing that the court order granting an application for a preliminary injunction did not by itself create a legal restraint against its implementation.
In a 39-page urgent motion for reconsideration, the OSG said the order merely granted the application for a writ of preliminary injunction and did not itself bring the writ into existence.
The OSG cited Rule 58, Section 4(b) of the Rules of Court, which requires certain conditions to be fulfilled before a preliminary injunction becomes legally operative, followed by the formal issuance of the corresponding writ.
Based on Rule 58, the OSG argued that an order granting an application for a preliminary injunction should not, standing alone, be treated as the writ itself.
It argued that until the required conditions are fulfilled and a writ is formally issued, the order should not have a binding injunctive effect.
In the absence of a validly issued writ, the order should not legally prevent respondents from implementing and enforcing NCR Wage Order 27, it said.
The position forms part of the OSG’s broader challenge to the Pasig Regional Trial Court ruling favoring employers who sought to stop the implementation of the wage increase.
The OSG is asking the court to reconsider the order, arguing that the procedural requirements for an effective preliminary injunction have yet to be satisfied.
The government position, in essence, is that the court’s grant of an application for injunctive relief and the formal issuance of the injunction writ are separate procedural steps — the latter is necessary before the restraint can take legal effect.
The dispute could determine whether the wage increase may continue to be implemented while the employers’ legal challenge to the wage order is being litigated.
The Trade Union Congress of the Philippines (TUCP) pressed the Department of Labor and Employment (DOLE) to implement the P60 daily minimum wage increase under NCR Wage Order 27, saying the agency cannot tell the court there is no legal impediment to the wage hike and then remain silent.
The group also noted that R-II Builders and Readycon, who sought the injunction, admitted they do not have the financial or practical capacity to post the required bond. They also said their case was not a class or representative action covering all NCR employers.
“So what exactly is DOLE waiting for?” TUCP said. “If there is no validly issued writ and DOLE itself has argued that the court order cannot create a legal impediment to implementation, why is DOLE still acting as though the P60 wage increase cannot be implemented?” TUCP said the wage hike should be enforced retroactive to July 25, consistent with DOLE and OSG’s position before the court.
