Exemplary Damages

Art. 2229. Exemplary or corrective damages are imposed, by way of example or correction for the public
good, in addition to the moral, temperate, liquidated or compensatory damages.

Art. 2230. In criminal offenses, exemplary damages as a part of the civil liability may be imposed when
the crime was committed with one or more aggravating circumstances. Such damages are separate and
distinct from fines and shall be paid to the offended party.

Art. 2231. In quasi-delicts, exemplary damages may be granted if the defendant acted with gross
negligence.

Art. 2232. In contracts and quasi-contracts, the court may award exemplary damages if the defendant
acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner.

Art. 2233. Exemplary damages cannot be recovered as a matter of right; the court will decide whether or
not they should be adjudicated.

Art. 2234. While the amount of the exemplary damages need not be proved, the plaintiff must show that
he is entitled to moral, temperate or compensatory damages before the court may consider the question
of whether or not exemplary damages should be awarded. In case liquidated damages have been agreed
upon, although no proof of loss is necessary in order that such liquidated damages may

be recovered, nevertheless, before the court may consider the question of granting exemplary in addition
to the liquidated damages, the plaintiff must show that he would be entitled to moral, temperate or
compensatory damages were it not for the stipulation for liquidated damages.

Art. 2235. A stipulation whereby exemplary damages are renounced in advance shall be null and void.

 NAWASA v. HON. ALFREDO CATOLICO G.R. No. L-21705 (April 27, 1967)

 DIOSDADO OCTOT v. JOSE R. YBANEZ G.R. No. L-48643 (January' 18, 1982)

 PHILIPPINE AIRLINES, INC., v. COURT OF APPEALS

G.R. No. 120262 (July 17, 1997)

 INDUSTRIAL INSURANCE COMPANY, Inc., v. PABLO BONDAD

G.R. No. 136722 (April 12, 2000)

 PEOPLE OF THE PHILIPPINES v. FLORENCIO FRANCISCO

 G.R. No. 135200 (February7 7, 2001)

 TRADERS ROYAL BANK v. RADIO PHILIPPINES NETWORK,

INC.
G.R. No. 138510 (October 10, 2002)

 SINGAPORE AIRLINES LIMITED v. ANDION FERNANDEZ

G.R. No. 142305 (December 10, 2003) FORTUNATO DE LEON & JUANA F.
GONZALES-DE LEON v.
HONORABLE COURT OF APPEALS
G.R. No. L-31931 (August 31, 1988)

 PEOPLE OF THE PHILIPPINES v. ROGELIO CRISTOBAL G.R. No.116279

(January 29, 1996)