Lawmakers on wage hike: Long overdue but why the TRO? ~ HUMAN RIGHTS PROMOTIONS

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Lawmakers on wage hike: Long overdue but why the TRO?

MANILA, Philippines — Several lawmakers have condemned the latest move from a Pasig City court to further delay the implementation of the minimum wage hike for workers in Metro Manila, with one Minority solon saying that it can already be considered a “judicial encroachment.”

In a statement on Friday, Kamanggagawa party-list Rep. Elijah San Fernando insisted that courts have no right to stop wage orders—referring again to Article 126 of the Labor Code of the Philippines, which states that a temporary restraining order (TRO) can be issued by any court “against any proceedings before the Commission or the Regional Boards.”

San Fernando made the statement after Pasig City Regional Trial Court Branch 152 granted the writ of preliminary injunction sought by two construction companies who asked for a reconsideration of the P85 wage hike, with the court citing the “need to have the rights of both management and labor considered.”

“Napakalinaw ng batas: walang karapatan ang mga lokal na korte na pigilan ang mga wage order. Pero sa kumpas ng mga dambuhalang negosyante, agad na kumakatig at tumatalima ang mga huwes,” he said.

(The law is clear: local courts have no right to stop a wage order. But with a wave of the hand of big businesses, judges immediately comply.)

“Ito ay isang malinaw na kaso ng judicial encroachment. Imbes na ipagtanggol ang batas, pinili ng korte na maging kasangkapan ng mga dambuhalang negosyante para pigilan ang katiting na dagdag-sahod ng ating mga manggagawa,” he added.

(This is a clear case of judicial encroachment. Instead of defending the law, the court chose to be a tool of big businesses to stop a small wage increase for our workers.)

Senior Deputy Minority Leader and Mamamayang Liberal party-list Rep. Leila de Lima said on Thursday night it is frustrating to see the suffering of workers continue just because companies do not want to provide a just pay.

De Lima, a lawyer by profession, also believes that the TRO violates the Labor Code.

“It’s deeply frustrating and disappointing that the injustice and suffering endured by our workers are being further prolonged by a court decision that violates the Labor Code,” de Lima said.

“Di natin kailanman mauunawaan at matatanggap kung bakit pahirapan pang maibigay sa hirap na hirap na nating mga manggagawa ang kakarampot na nga lang na pagtaas sa kanilang kita. This is long overdue and far less than what they truly deserve to receive,” she added.

(We can never understand and accept why it is hard for them to give our struggling workers a small increase to their pay. This is long overdue and far less than what they truly deserve to receive.)

Both San Fernando and De Lima questioned the ability of petitioners Readycon Trading and Construction Corp. and R-II Builders to comply with the P10 billion bond, as it seems to be that they are willing to post bonds first instead of just adhering to the wage order.

“Kung may kakayahan ang mga kumpanyang ito na maglapag ng P10 bilyong bond sa korte para lang ipitin ang dagdag sahod, wala silang karapatan para umaray sa kakarampot na P85. May bilyon sila para sa legal maneuvers, pero kapag P85 para sa pagkain ng manggagawa, biglang naghihirap? Ginawang laruan ng mayayaman ang natatanging proteksyon ng mahihirap,” San Fernando said.

(If these companies can pay a P10 billion bond before the court just to stifle a wage increase, they have no right to complain about a small P85 increment. They have billions for legal maneuvers, but when we’re talking of an P85 wage hike, they are struggling? The rich are turning the only recourse of the poor into a game.)

“What also perplexes us is: What message is being conveyed by requiring a P10 billion injunction bond? Na mas gugustuhin pang mag-post ng bond ng mga Petitioners-Employers na may ganyang napakalaking halaga kesa ibigay sa mga manggagawa ang P85 na umento? Eh di ba ang idinadahilan nga sa pagharang sa umento ay hindi raw kakayanin ang hinihinging dagdag pasahod?” de Lima asked.

(What also perplexes us is: What message is being conveyed by requiring a P10 billion injunction bond? That the petitioners-employers would rather post a bond that big rather than give to the workers the P85 wage increase? But isn’t their reason for blocking the wage hike because they cannot bear the burden?)

“Hindi porke nakakayanan ng ating mga manggagawa na kumayod at magtiis sa di-makatarungang sahod ay paulit-ulit nang ipagkakait sa kanila ang matamasa ang kaunting ginhawa. Mahiya at kilabutan naman ang mga may kagagawan nito,” she added.

(Just because our workers can cope with hard jobs and manage their unjust wages does not mean that we will deprive them of comfort. Those behind this should be ashamed and feel horror at what they did.)

Akbayan party-list Rep. Percival Cendaña, on the other hand, noted that minimum wage earners have been deprived of P780 since the Pasig court issued the TRO.

The P85 wage increase will be implemented in two tranches: first, P60 by July 19, 2026, and the remaining P25 effective January 2027.

Such a decision from the court, Cendaña said, only stresses the need for a legislated wage hike.

“Total of P780 na ang hindi natatanggap ng mga minimum wage earners since na-TRO ang NCR Wage Order 27. Ngayong may preliminary injunction nang ibinaba ang korte mas lalong lalaki pa ang halagang ipinagkakait sa mga mangaggawa,” Cendaña said.

(A total of P780 has been stripped from minimum wage earners since a TRO was issued against NCR Wage Order 27. Now that there is a preliminary injunction from the court, the amount removed from the workers will be bigger.)

“This is wage theft in broad daylight. Barya na nga lang, na-snatchan pa ang mga manggagawa ng dapat dagdag sa sweldo nila. Uulitin ko. Madaliin na natin ang pagpasa ng P200 minimum wage increase,” he added.

(This is wage theft in broad daylight. It’s a mere loose change, but it was taken from workers’ supposed salaries. I will say it again: let us quickly act to pass a P200 minimum wage increase.)

Cendaña is not alone in saying that the TRO should fuel talks for a legislated wage hike. On Thursday, the Trade Union Congress of the Philippines renewed its call for a P200 legislated wage increase following the Pasig court’s decision.

There are at least 17 wage hike bills pending before the House committee on labor and employment, which last held a hearing on June 30.

During the 19th Congress, lawmakers came close to submitting a final version of a legislated wage hike, as the House approved their version last June 2025 House Bill (HB) No. 11376, while the Senate approved Senate Bill (SB) No. 2534 in February 2024.

However, the House’s version seeks a P200 per day hike in the minimum wage, while the Senate bill pushed for a P100 per day increase.

Due to the differences between the bills, a bicameral conference committee should have been convened so that both chambers could come up with a final version. However, in the last week of the 19th Congress’ session, there were reports that the House and the Senate were in a deadlock.