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Apr 11, 2023 · 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.
The Antecedents. Pastora Ganancial (Ganancial) owed Betty Cabugao (Cabugao) the amount of P130,000.00, agreed to be payable within three years.
EXEMPLARY/CORRECTIVE DAMAGES. Purpose. Exemplary or corrective damages are intended to serve as a deterrent to serious wrongdoings. (People v. Orilla, 422 SCRA 620) Manner of Determination. 1. That the claimant is entitled to moral, temperate or compensatory damages; and 2.
Under the Civil Code, exemplary damages are due in the following circumstances: Article 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.
Article 2229 of the Civil Code provides that exemplary or corrective damages are imposed, by way of example or correction for the public good, in addition to moral, temperate, liquidated or compensatory damages.
Exemplary or Corrective Damages. Article 2229 of the Civil Code provides that exemplary or corrective damages are imposed, by way of example or correction for the public good, in addition to moral, temperate, liquidated or compensatory damages.
EXEMPLARY DAMAGES MAY BE AWARDED IN THE FOLLOWING CASES: 1. In criminal actions, when the crime was committed with one or more aggravating circumstances. 2. In quasi-delicts, if the defendant acted with gross negligence. 3. In contracts and quasi-contracts, if the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner.
