2024 Labor Law, Q2

Manila Yummy Restaurant (MYR) pays its receptionists PHP 500.00 a day. The receptionists contested the amount because the present minimum wage in the National Capital Region is PHP 645.00 for the non- agricultural sector. MYR countered that it is paying the receptionists a total of PHP 700.00 which is more than the required minimum wage. MYR explained that it provides the receptionists food and beverage worth PHP 200.00 per day in addition to the PHP 500.00 cash component of their wages. The food and beverage are given during lunch time to ensure that the receptionists will entertain guests instead of leaving their stations. Thus, the PHP 200.00 value of the food and beverage must be added to the PHP 500.00 cash component of their wage. May MYR lawfully add the value of the food and beverage as part of the wages of its receptionists? Explain.

Quick check

Under Article 97(f) of the Labor Code, what essential distinction separates creditable wage facilities from non-creditable supplements?

Under the 'employer convenience test' established in Mabeza v. NLRC, how are meals furnished to workers legally classified?

Why was Manila Yummy Restaurant prohibited from adding the PHP 200.00 food value to its receptionists' PHP 500.00 cash wage?

What statutory requirement must an employer satisfy before deducting or crediting the value of facilities against an employee's wage?

In what form must the statutory minimum wage prescribed by a Regional Tripartite Wages and Productivity Board be paid to workers?

Learn more about these topics

1. Wage Facilities vs Supplements
Under Article 97(f) of the Labor Code, facilities are items of expense necessary for the employee's and their family's existence and subsistence, which may form part of wages if properly accepted in writing and fairly valued. In contrast, supplements are extra remuneration or special privileges given to workers above their ordinary wages. While the fair and reasonable value of facilities may be deducted from or credited against wages, supplements constitute independent benefits provided by the employer that cannot be credited against or used to offset statutory minimum wage obligations.

2. Employer Convenience Test
In determining whether meals or lodging provided to employees constitute creditable facilities or non-creditable supplements, Philippine labor jurisprudence applies the employer convenience test (Our Haus Realty v. Parian; Mabeza v. NLRC). Under this rule, if articles or services are furnished primarily for the benefit, interest, or business convenience of the employer, they are deemed supplements. When meals are provided specifically to ensure employees remain at their workstations to attend to patrons during lunch hours, the benefit redounds primarily to the enterprise and cannot be charged as wage facilities.

3. Minimum Wage Cash Payment
Statutory minimum wages prescribed by Regional Tripartite Wages and Productivity Boards must be paid to employees in legal tender without unauthorized deductions. An employer cannot unilaterally reduce the required cash component of minimum wages by substituting food, beverages, or other items unless strict statutory requirements are met. These requirements include showing that the items are customary facilities, that the employee accepted them in writing, and that DOLE approved their fair valuation. Failure to meet these mandatory requirements obligates the employer to pay the full statutory minimum wage entirely in cash.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026