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Zuellig Freight vs. NLRC
[Civil Law: when are attorney’s fees recoverable]

Translate Zuellig Freight and Cargo Systems,

vs.
Select Language Select Language National Labor Relations Commission and Ronaldo V. San Miguel
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Powered by Translate G.R. No. 157900; July 22, 2013

Facts: This is a petition appealing the decision of CA, whereby it dismissed its petition for
Legal Matters certiorari and upheld the adverse decision of the NLRC finding San Miguel to have been
illegally dismissed. San Miguel, employed as checker/custom representative, brought a
► 2015 (3) complaint for unfair labor practice, illegal dismissal, non-payment of salaries and moral damages
▼ 2014 (14) against petitioner, formerly known as Zeta Brokerage Corporation (Zeta). He contended that
amendments of the articles of incorporation of Zeta were for the purpose of changing the
▼ May (12)
corporate name, broadening the primary functions, and increasing the capital stock; and that such
Jurisprudence on Foreclosure Sale
amendments could not mean that Zeta had been thereby dissolved. Petitioner countered that San
Asian Terminals Inc vs PhilAm Insurance Miguel’s termination from Zeta had been for a cause authorized by the Labor Code; that its non-
Recio vs. Aguedo, Altamarino acceptance of him had not been by any means irregular or discriminatory; that its predecessor-in-
interest had complied with the requirements for termination due to the cessation of business
Cases on: Agency, Easement, Public operations and that it had no obligation to employ San Miguel in the exercise of its valid
Domain
management prerogative.
Dela Cruz vs. Dela Cruz NLRC and CA rendered its decision holding San Miguel to have been illegally dismissed
Ardiente vs. Javier, et al ordering Zuellig to pay San Miguel his back wages and Attorney’s fees equivalent to ten percent
(10%) of the total award.
Zuellig Freight vs. NLRC
Dacudao vs. DOJ Issue: Whether or not the awarding of attorney’s fees had basis in fact and in law.
Republic vs. Encelan
Ruling: Yes, the court upheld the CA, NLRC and Labor Arbiter unanimous decision, where
Cacayorin vs. AFPMBAI the amendments of the articles of incorporation of Zeta to change the corporate name to Zuellig
Nameal, Bonrostro vs. Luna Freight and Cargo Systems, Inc. did not produce the dissolution of the former as a corporation,
therefore not giving them the license to terminate employees without just or authorized cause
Sandoval Shipyards vs. Philippine
Merchant Marine ... and considering that that San Miguel had been compelled to litigate and to incur expenses to
protect his rights and interest entitles him to recover attorney’s fees.
► April (1)
► March (1) In Producers Bank of the Philippines v. Court of Appeals, the Court ruled that attorney’s fees
could be awarded to a party whom an unjustified act of the other party compelled to litigate or to
► 2013 (8) incur expenses to protect his interest.
► 2012 (59)
► 2010 (2)
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► 2009 (3)
► 2008 (22)

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