Partido Manggagawa: Pasig RTC TRO on ₱85 Wage Hike Suffers from Two Fundamental Legal Defects

 

Partido Manggagawa (PM) strongly opposes the Temporary Restraining Order (TRO) issued by the Regional Trial Court (RTC) of Pasig City, Branch 152, which halted the implementation of Wage Order No. NCR-27 granting an ₱85 minimum wage increase to workers in Metro Manila.

 

Based on our legal analysis, this TRO suffers from two clear legal defects.

 

First, it violates Article 126 of the Labor Code. The law explicitly provides that no preliminary injunction, permanent injunction, or TRO may be issued by any court, tribunal, or other entity against proceedings before the National Wages and Productivity Commission (NWPC) or the Regional Tripartite Wages and Productivity Boards (RTWPBs). Despite this prohibition, the Pasig RTC issued a TRO directly restraining the RTWPB-NCR and the NWPC from implementing the wage order—the very act that the law expressly forbids.

 

Second, and more importantly, the petitioners filed their case in the wrong venue. Under Article 123 of the Labor Code, the exclusive remedy available to any aggrieved party questioning a wage order is to appeal to the NWPC within ten (10) days from the publication of the wage order. If dissatisfied with the NWPC’s decision, the proper recourse is to file a petition with the Court of Appeals—not with a Regional Trial Court. This procedure has been the governing rule since the enactment of Republic Act No. 6727, and the Supreme Court has consistently held that the primary jurisdiction of the NWPC must first be exhausted before the regular courts may intervene.

 

Instead of following this statutory process, Readycon Trading and Construction Corp. and R-II Builders Inc. went directly to the Pasig RTC through a petition for declaratory relief—effectively engaging in forum shopping to circumvent the tripartite dispute resolution mechanism specifically established by law for wage order controversies.

 

This reveals the real strategy behind the TRO. The employers did not challenge the wage order through the legally prescribed process before the RTWPB and the NWPC. Instead, they shifted to a petition for declaratory relief to gain access to a regular court and obtain a TRO. The real issue is not the ₱85 wage increase, but the deliberate sidestepping of the proper remedy in favor of an improper venue.

 

Partido Manggagawa calls on the Department of Labor and Employment (DOLE) and the Office of the Solicitor General (OSG) to vigorously assert these two legal arguments during the August 3 hearing: the violation of Article 126 and the failure to follow the exclusive remedy provided under Article 123. The courts must not be allowed to become instruments for delaying a workers’ benefit that has already gone through the full deliberative process of the Regional Wage Board—a process in which these same employers themselves participated as stakeholders.

 

The ₱85 wage increase is not a gift. It is a right earned by workers, supported by evidence, grounded in due process, and guaranteed by law. It must not be held hostage by a TRO that itself runs contrary to the very law it is supposed to uphold.

 

PRESS STATEMENT

August 1, 2026