Title
Supreme Court
Zuellig Freight and Cargo Systems vs. National Labor Relations Commission
Case
G.R. No. 157900
Decision Date
Jul 22, 2013
Employee illegally dismissed after corporate name change; SC ruled cessation not bona fide, upheld backwages and attorney’s fees.

Case Digest (G.R. No. 157900)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
    • Ronaldo V. San Miguel was employed as a checker/customs representative by Zeta Brokerage Corporation since December 16, 1985.
    • In January 1994, Zeta informed its employees of an impending cessation of operations and issued a termination letter dated February 28, 1994, effective March 31, 1994; San Miguel accepted separation pay subject to a standing offer of re-employment by the successor entity.
  • Corporate Amendments and Employment Events
    • Zeta amended its Articles of Incorporation on January 21, 1994 (filed with the SEC) and its By-Laws on May 10, 1994, to change its corporate name to Zuellig Freight and Cargo Systems, Inc., broaden its purposes, and increase its authorized capital stock.
    • On April 1, 1994, San Miguel was rehired on a temporary basis by the renamed corporation and was summarily terminated on April 15, 1994 without valid cause or due process.
  • Procedural History
    • San Miguel filed a complaint for unfair labor practice, illegal dismissal, non-payment of salaries, and moral damages before the Labor Arbiter. On November 15, 1999, the Arbiter ruled his dismissal illegal, ordering backwages (April 1, 1994 to November 15, 1999) and attorney’s fees.
    • The NLRC affirmed via resolutions dated April 4, 2001 and June 15, 2001. The Court of Appeals dismissed Zuellig’s certiorari petition on November 6, 2002. Zuellig then filed a petition for review on certiorari with the Supreme Court.

Issues:

  • Whether the corporate name change and amendments constituted a bona fide cessation of business under Article 283 of the Labor Code.
  • Whether the NLRC and the Court of Appeals gravely abused their discretion in declaring San Miguel’s dismissal illegal.
  • Whether the award of attorney’s fees to San Miguel was proper under applicable law.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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