What are exemplary damages under Philippine law?

Answer

Exemplary (corrective) damages are imposed by way of example or correction for the public good, in addition to moral, temperate, liquidated, or compensatory damages (Civil Code Article 2229). They are never a stand-alone award and cannot be recovered as a matter of right (Article 2233).

The ground depends on the source of the obligation: an aggravating circumstance in a crime (Article 2230); gross negligence in a quasi-delict (Article 2231); or wanton, fraudulent, reckless, oppressive, or malevolent conduct in contracts (Article 2232). The plaintiff must first be entitled to moral, temperate, or compensatory damages (Article 2234).

Sources & further reading

• Civil Code Art. 2229 — exemplary damages
• Full report: moral, exemplary & nominal damages

Cases on this topic

• Domingo Imperial v. Venancio Ziga
• Gashem Shookat Baksh v. Court of Appeals
• Hometown Development, Inc. v. Union Bank of the Philippines
• Joaquina Ventura v. Eusebio Bernabe
• Local Government of Quezon City v. Sy
• Lourdes Munsayac v. Benedicta De Lara
• Michael C. Guy v. Raffy Tulfo
• Occena v. Icamina

Related questions

• What are moral damages under Philippine law?
• What are nominal damages under Philippine law?
• What is a quasi-delict, and how does it lead to damages?
• Moral vs. exemplary vs. nominal damages — what is the difference?
• When can you recover moral damages for breach of contract?