Atty. Vien Lawrence Gabato

Atty. Vien Lawrence Gabato Litigation and Arbitration Practice
Legal Consultation (by appointment, actual or videoconference)
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Member, Philippine Bar
Professor of Law
Member, PDRCI and PIArb
Trained Tribunal Secretary, HKIAC

If I recall correctly... 1. Di ka pwede mag offer ng per price basis. Need mo ipa-approve muna yan sa DOLE Regional Offi...
21/08/2026

If I recall correctly...

1. Di ka pwede mag offer ng per price basis. Need mo ipa-approve muna yan sa DOLE Regional Office at may Time and Motion Study ito.

2. Kung wala kang approved Time and Motion Study, ang sweldo sa tao compliant pa rin dapat sa minimum wage, HINDI yung based on results, unless if the piece-rate amount would be equal or more than the minimum wage. PAG Di ka nag comply sa minimum wage, entitled ang employee pa rin sa differentials.

Rosmar Tan’s ₱1-per-parcel job offer shortchanges Filipino workers

Influencer and entrepreneur Rosmar Tan has drawn criticism after posting a job offer seeking people willing to pack parcels for ₱1 per package, an arrangement that raises serious questions about compliance with Philippine minimum-wage rules.

In a Facebook post, Tan said she was looking for workers near her Tagaytay property who could immediately begin packing parcels on a stay-out basis.

“Piso per parcel kaya kung maka 2k parcel ka 2k ang for you,” the post read.

Responding to commenters, Tan went even further: “Kung tambay kayo at need na peraaaa kung maka 10K parcel kayo per day edi may 10k kayo.”

But the eye-catching arithmetic leaves out the most important question: How many parcels can a human worker realistically pack during a normal working day?

One commenter calculated that even at the extremely demanding pace of one parcel every minute, a worker could complete only 480 parcels over eight hours—producing just ₱480 in gross pay.

Other commenters pointed out that packing is not simply putting an item inside a bag. Parcels may have to be wrapped securely, taped, checked and prepared before another worker attaches the waybill.

Tan responded that the items were small skincare products. Other commenters defending the offer claimed experienced workers could pack hundreds of parcels a day.

Even at 500 parcels, however, the advertised rate translates to only ₱500.

That matters because Philippine labor law does not allow employers to automatically sidestep wage protections simply by changing the way compensation is calculated.

Under Article 101 of the Labor Code, wages paid “by results”—including pakyao, piecework and other non-time work—are subject to regulation to ensure fair and reasonable wage rates.

In other words, paying someone per parcel does not automatically place that worker outside Philippine labor protections.

The National Wages and Productivity Commission lists minimum-wage rates in CALABARZON, where Tagaytay is located, that vary according to the applicable classification. The relevant wage order must therefore be considered in determining what minimum rate applies to a particular worker.

Workers paid by results, including those compensated through piecework, pakyaw or task-based arrangements, may still be entitled to compensation corresponding to applicable minimum-wage standards.

That makes Tan’s ₱1 rate potentially problematic if the people recruited are legally considered employees and their actual earnings fall below the wage required under the applicable rules.

Whether this specific arrangement ultimately constitutes a labor-law violation would depend on facts that cannot be established from the Facebook post alone—including the workers’ employment status, actual hours, the applicable business classification and whether there is guaranteed minimum compensation beyond the advertised piece rate.

But those unanswered questions are precisely why advertising ₱1 per parcel to people who need work deserves scrutiny rather than being dismissed simply as an opportunity for the “madiskarte.”

There is nothing inherently illegal about piece-rate work. It exists across many industries and is recognized under Philippine labor regulations.

The problem is when the piece rate is so low that a worker cannot realistically earn the minimum compensation guaranteed by law during a normal working day.

At ₱1 per parcel, 100 packages mean ₱100. Two hundred mean ₱200. Five hundred mean ₱500. Reaching Tan’s suggested ₱2,000 requires packing 2,000 parcels, while earning the ₱10,000 she dangled in the comments would require an extraordinary 10,000 parcels in a single day.

Tan even encouraged applicants to bring their families so more people could participate, saying those without jobs who wanted to earn were welcome.

But unemployment and financial need should never become excuses for businesses to offer rates that may fall below legally protected wages.

For an entrepreneur who publicly projects enormous business success, paying people fairly should not depend on whether they can wrap parcels at superhuman speed.

“Diskarte” is not a substitute for labor rights—and ₱1 per parcel should not be celebrated simply because desperate people are willing to take it.

(✍️: Top Dagohoy)

20/08/2026

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17/08/2026

REDEFINING FOREIGN DIVORCE FOR FILIPINOS: BALANCING LEGAL CONVENIENCE AND STATUTORY CONSTRUCTION

The pending case of Baluyot v. Baluyot tackles on the issue of the possibility of both married Filipinos obtaining foreign divorce. Much has been said of soundbytes particularly by Justice Leonen which appear to gravitate on a liberal discourse, even inquiring about loving someone as a "right". But equally relevant would be the opinions of Fr. Ranhilio Callangan Aquino and Dean Jemy Gatdula that, if foreign divorce between two Filipinos be allowed, it would transgress the plain meaning of Family within Article XV of the Constitution, among others.

I would look at this in the point of view of litigation: assuming that the Supreme Court allows such foreign divorce for both Filipinos, it is a windfall for litigators which now has another legal recourse to dissolve a marriage. I have discussed here previously in this page that Tan-Andal v. Andal appears encouraging in "assimilating" divorce to be acceptable in the Philipines and it can be surmised with subsequent decisions applying Tan-Andal. A similar effect would prevail if Baluyot would be decided on such possible liberality -it affirms such purpose of Tan-Andal on making dissolution of marriages more accessible. Litigators of marriage dissolution cases would gladly welcome such development - well it won't care as long as it accepts new doctrine blindly to suit their cases.

However, this is where the soul-searching and appropriate interpretation of the law would be significant: do we have to trade off the morality embodied by the statute (I would assume the Civil Code, Family Code and Article XV, Constitution are founded on moral grounds) for a radical, nouveau doctrine (or judicial legislation, as Dean Jemy places it) at the expense of normative and formal consistency? While Imbong v. Ochoa stated that the Supreme Court is not bound by any legal philosophy, nonetheless, there is a need to have a reasonable and formal logic based on the current statutes in place. Even Koskenniemi, identified as CLS, conceded that there should be a Culture for Formalism with the law, in contrast with his contemporaries intent of destroying the law with indeterminacy.

Indeed, while the potential of allowing foreign divorce for Filipino spouses would be welcomed as another way to dissolve marriages, it should not be at the expense of disregarding what the Constitution and the law was intended to be, not at the expense of posibly destroying the law. After all, ano pa silbi ng batas natin kung hindi naman susundin yung nakasulat? 😞

(I can go on and on if what if Congress passes a divorce law successfully... Which I can retort that laws are not necessarily moral or legal, but there may be a prize to pay... but that is another discussion)

The views expressed in this post are my personal lamentations of this particular topic, and for academic discussion purposes.

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31/01/2026

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