MANILA, Philippines — As the temporary restraining order blocking the implementation of an P85 daily minimum wage increase in Metro Manila expires today, the TRO could end in two ways: through an order lifting it or by allowing it to lapse without further action, Labor Secretary Francis Tolentino said yesterday.
“If she simply allows it to lapse and does not issue an order lifting it, it would mean that the 20-day TRO has expired. In effect, it would return to the previous status, allowing the wage order to be implemented,” Tolentino said, referring to Judge Marie Joyce Manongsong of Pasig Regional Trial Court (RTC) Branch 152.
Tolentino said the Department of Labor and Employment (DOLE) could not simply order the implementation of the wage increase once the TRO expires.
“No, I cannot do that. The matter is pending before her. She could even dismiss it outright if she says that she has no jurisdiction. There are many actions she may take in accordance with procedure and the law and those are matters for her to determine,” he added.
Yesterday, a group led by Kampihan ng Maralita at Manggagawa party-list Rep. Elijah San Fernando filed a petition for certiorari and prohibition before the Supreme Court, asking the tribunal to strike down the orders and proceedings issued by the RTCs.
In their 39-page petition, the group asked the high court to annul and set aside the status quo ante order of Pasig RTC Judge Achilles Balauitan on July 24 and the TRO issued by the Pasig RTC on July 30 as well as the proceedings in the petitions for declaratory relief before the Pasig and Navotas RTC branches.