DOLE Secretary, Party-list Rep. Clash Over Suspended NCR Wage Hike

The Department of Labor and Employment (DOLE) Secretary Francis Tolentino and Kamanggagawa Party-list Representative Eli San Fernando engaged in a heated clash during a House budget hearing on Tuesday, concerning the suspended wage hike in the National Capital Region (NCR). A Pasig court had issued a preliminary injunction against the NCR wage hike, which was slated for implementation in July. San Fernando, along with several labor groups, had previously argued that courts should not possess jurisdiction over wage hike decisions. Citing the Office of the Solicitor General, San Fernando informed the House appropriations committee that because the petitioners failed to pay the P10-billion bond imposed by the court, no writ was issued, and therefore, nothing prevented DOLE from implementing the wage hike. "Lifting an injunction is not a matter of self-help," Tolentino stated. He referenced two Supreme Court (SC) rulings, quoting Lukang vs. Pagbilao Development Corporation, where the court cautioned against "treating a bond effect, including the non-filing thereof, not as an automatic license to disregard injunctive relief, failure to fix a bond or post a bond, did not itself, justify quashing the injunction." Tolentino also cited the case of Development Bank of the Philippines vs. Carpio, where the SC stated, "there is no such thing as a doctrine of unilateral disregard." "It is not DOLE, it is not the litigants who will decide if the process is wrong, it is the court," Tolentino asserted. He further argued that the court itself would need to issue a final resolution, as the absence of a bond does not automatically mean the case is resolved. Tolentino used the analogy of an airline ticket, explaining that an airline issuing a wrong ticket doesn't automatically allow a person to board the correct plane. However, San Fernando maintained that since there was no bond, there was no writ. "So in simple words, will the Department of Labor and Employment not implement the wage increase?" San Fernando inquired. Tolentino insisted that the agency would, but it must adhere to the court's order. He pointed out that San Fernando and other labor groups recognized the Pasig court's authority by filing a case in the SC. San Fernando refuted this, explaining they went to the SC because they believed the Pasig court lacked the right to issue orders regarding wage hikes, as stipulated in Article 126 of the Labor Code. "You have the power, Mr. Secretary, it was granted to you by Congress! RA 6727! The exclusive power to determine wages was given to the Regional Wage Boards," San Fernando declared, referring to Republic Act 6727, also known as the Wage Rationalization Act. San Fernando emphasized that even if a P60 daily increase might not seem substantial, it significantly impacts workers. "If you cannot defend the rights of the workers, you do not have the right to ask for a budget that came from the sweat, blood, and sacrifice of minimum wage earners," he stated. Following this, San Fernando made a motion to defer the budget of DOLE, with Akbayan Partylist Rep. Perci Cendaña seconding the motion. However, Cagayan de Oro Rep. Rufus Rodriguez raised an objection. Rodriguez suggested that while San Fernando was advocating for workers, discussions with DOLE were still ongoing and proposed filing an administrative order against the judge. This led Appropriations Vice Chair Rep. Romel Rico Angara to call the matter to a vote. The motion to defer was supported by seven 'yes' votes but faced 31 objections. Consequently, the House appropriations panel will proceed with its deliberations on DOLE's budget. — VDV, GMA News