Search

SPONSORED ADS
Home
About UD
Full Texts
Legal English
Law Student Blog
Forum
Quizzes and Exams
LAW MEMES
2013 BAR EXAM RESULTS
Home Civil Law Alfredo Velayo vs Shell Company
Alfredo Velayo vs Shell Company
100 Phil 168 Civil Law Torts and Damages Obligations arising from human relations
Prior to 1948, Commercial Airlines (CALI) owed P170k (abt. $79k) to Shell Company. CAL offered its C-54 plane as
payment to Shell Company (the plane was in California) but Shell at that time declined as it thought CALI had sufficient
money to pay its debt. In 1948 however, CALI was going bankrupt so it called upon an informal meeting of its creditors. In
that meeting, the creditors agreed to appoint representatives to a working committee that would determine the order of
preference as to how each creditor should be paid. They also agreed not to file suit against CALI but CALI did reserve that it
will file insolvency proceedings should its assets be not enough to pay them up. Shell Company was represented by a certain
Fitzgerald to the three man working committee. Later, the working committee convened to discuss how CALIs asset should
be divided amongst the creditors but while such was pending, Fitzgerald sent a telegraph message to Shell USA advising the
latter that Shell Philippines is assigning its credit to Shell USA in the amount of $79k, thereby effectively collecting almost
all if not the entire indebtedness of CALI to Shell Philippines. Shell USA got wind of the fact that CALI has a C-54 plane is
California and so Shell USA petitioned before a California court to have the plane be the subject of a writ of attachment
which was granted.
Meanwhile, the stockholders of CALI were unaware of the assignment of credit made by Shell Philippines to Shell USA and
they went on to approve the sale of CALIs asset to the Philippine Airlines. In September 1948, the other creditors learned
of the assignment made by Shell. This prompted these other creditors to file their own complaint of attachment against
CALIs assets. CALI then filed for insolvency proceedings to protect its assets in the Philippines from being attached.
Alfredo Velayos appointment as CALIs assignee was approved in lieu of the insolvency proceeding. In order for him to
recover the C-54 plane in California, it filed for a writ of injunction against Shell Philippines in order for the latter to restrain
Shell USA from proceeding with the attachment and in the alternative that judgment be awarded in favor of CALI for
damages double the amount of the C-54 plane. The C-54 plane was not recovered. Shell Company argued it is not liable for
damages because there is nothing in the law which prohibits a company from assigning its credit, it being a common
practice.
ISSUE: Whether or not Shell is liable for damages considering that it did not violate any law.
! Company Profile ! Oil & Gas Company ! Oil and Gas Jobs ! Jobs in Oil Field
0 0 0 2 0 0 0
HELD: Yes. The basis of such liability, in the absence of law, is Article 21 of the Civil Code which states:

Art. 21. Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good
customs or public policy shall compensate the latter for the damage.
Thus at one stroke, the legislator, if the forgoing rule is approved (as it was approved), would vouchsafe adequate legal
remedy for that untold numbers of moral wrongs which is impossible for human foresight to provide for specifically in the
statutes. A moral wrong or injury, even if it does not constitute a violation of a statute law, should be compensated by
damages. Moral damages (Art. 2217) may be recovered (Art. 2219). In Article 20, the liability for damages arises from a
willful or negligent act contrary to law. In this article, the act is contrary to morals, good customs or public policy.

Read full text
SPONSORED ADS
Related Cases/Legal Resources
Crude Oil
Seller
crossatlanticenergy.com
UK Based Company 2
Million Barrels
SAL - Sea
transportation
sal-heavylift.com
solutions for project cargoes heavy
machinery, oil and gas industry.
VELAYO vs
SHELL (July 1957)
VELAYO vs
SHELL (October
1956)
Beatriz Wassmer vs
Francisco Velez
Gashem Shookat
Baksh vs Court of
Appeals
WASSMER vs
VELEZ (1964)
WASSMER vs
VELEZ (1965)
Saudi Arabian
Airlines vs Court of
Appeals
Facebook social plugin
Also post on Facebook
Posting as Allene Gonzales (Change) Comment
Add a comment...