- Statute
- Civil Code
- Article
- Art. 2234
- Topic
- Pleading and proof of exemplary damages
- Year
- 1949
The provision
ARTICLE 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.
Key points
Article 2234 sets the pleading-and-proof rule for exemplary damages. While their amount need not be proved, the plaintiff must show entitlement to moral, temperate, or compensatory damages before the court may consider awarding exemplary damages. Where liquidated damages were agreed upon, the plaintiff must still show entitlement to moral, temperate, or compensatory damages before exemplary damages may be added.
The provision makes exemplary damages dependent on another, established category of damages. It is read with Articles 2229–2233 on the nature, grounds, and discretionary character of exemplary damages.
Cases applying this article
- Hometown Development, Inc. v. Union Bank of the Philippines G.R. No. 240531