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(1) injury must have been suffered by the claimant, and The terms punitive or vindictive damages are often
used to refer to those species of damages that may be
(2) such injury must have sprung from any of the cases awarded against a person to punish him for his
outrageous conduct. In either case, these damages are
expressed in:
intended in good measure to deter the wrongdoer and
others like him from similar conduct in the future.
Article 2219: “Moral damages may be recovered
in the following and analogous cases:
Also, relative to the civil aspect of the case, an
aggravating circumstance, whether ordinary or
(1) A criminal offense resulting in physical injuries;
qualifying, should entitle the offended party to an award
of exemplary damages within the unbridled meaning of
(2) Quasi-delicts causing physical injuries; Article 2230 of the Civil Code. In the civil aspect, the
presence of an aggravating circumstance, even if not
(3) Seduction, abduction, rape, or other lascivious acts; alleged in the information but proven during trial would
entitle the victim to an award of exemplary damages.
(4) Adultery or concubinage; Being corrective in nature, exemplary damages,
therefore, can be awarded, not only due to the presence
(5) Illegal or arbitrary detention or arrest; of an aggravating circumstance, but also where the
circumstances of the case show the highly reprehensible
(6) Illegal search; or outrageous conduct of the offender. In much the same
way as Article 2230 prescribes an instance when
(7) Libel, slander or any other form of defamation; exemplary damages may be awarded, Article 2229, the
main provision, lays down the very basis of the award
(8) Malicious prosecution;
Existing jurisprudence pegs the award of exemplary
(9) Acts mentioned in Article 309; damages at ₱30,000.00, despite the lack of any
aggravating circumstance. The Court finds it proper to
(10) Acts and actions referred to in Articles 21, 26, 27, 28, increase the amount to ₱50,000.00 in order to deter
29, 30, 32, 34, and 35.” similar conduct.
Article 2220: “Willful injury to property may be a If, however, the penalty for the crime committed
legal ground for awarding moral damages if the is death, which cannot be imposed because of the
court should find that, under the circumstances, provisions of R.A. No. 9346, prevailing jurisprudence
such damages are justly due. The same rule sets the amount of ₱100,000.00 as exemplary
applies to breaches of contract where the damages.When the circumstances surrounding the
defendant acted fraudulently or in bad faith. ” crime would justify the imposition of the death penalty
(also does not fix the amount of damages that were it not for RA 9346, the Court has ruled, as early as
can be awarded. It is discretionary upon the July 9, 1998 in People v. Victor “that the award of civil
court, depending on the mental anguish or the indemnity for the crime of rape when punishable by death
suffering of the private offended party. The should be ₱75,000.00 We reasoned that "[t]his is not only
a reaction to the apathetic societal perception of the penal another ₱100,000.00 as exemplary damages in
law and the financial fluctuations over time, but also an view of the heinousness of the crime and to set
expression of the displeasure of the Court over the an example.
incidence of heinous crimes against chastity." Such
reasoning also applies to all heinous crimes found in RA 6. If there is another composite crime included
7659”. The amount was later increased to ₱100,000.00.. in a special complex crime and the penalty
imposed is death, an additional ₱100,000.00 as
RULES: civil indemnity, ₱100,000.00 moral damages and
₱100,000.00 exemplary damages shall be
awarded for each composite crime committed.
1. Again, for crimes where the imposable penalty is
death in view of the attendance of an ordinary
aggravating circumstance but due to the NOTE: In awarding civil indemnity and moral damages,
prohibition to impose the death penalty, the it is also important to determine the stage in which the
actual penalty imposed is reclusion perpetua, the crime was committed and proven during the trial
latest jurisprudence90 pegs the amount of
₱100,000.00 as civil indemnity and 1. consummated and the penalty imposed is death
₱100,0000.00 as moral damages. For the but reduced to reclusion perpetua because of
qualifying aggravating circumstance and/or the R.A. 9346, the civil indemnity and moral
ordinary aggravating circumstances present, the damages that should be awarded will each be
amount of ₱100,000.00 is awarded as exemplary ₱100,000.00 and another ₱100,000.00 for
damages aside from civil indemnity and moral exemplary damages
damages. Regardless of the attendance of
qualifying aggravating circumstance, the
exemplary damages shall be fixed at
₱100,000.00. "[T]his is not only a reaction to the
apathetic societal perception of the penal law 2. imposition of reclusion perpetua only, the
and the financial fluctuation over time, but also civil indemnity and moral damages should be
an expression of the displeasure of the Court ₱75,000.00 each, as well as exemplary damages
over the incidence of heinous crimes x x x." in the amount of ₱75,000.00.
Arson, Rape with Homicide, Kidnapping with In Robbery with Intentional Mutilation,
Murder, Carnapping with Homicide or the amount of damages is the same as
Carnapping with Rape, Highway Robbery with the above if the penalty imposed
Homicide, Qualified Piracy, Arson with is reclusion perpetua.
Homicide, Hazing with Death, Rape, Sodomy or
Mutilation and other crimes with death, injuries, 2.2 For the victims who suffered
and sexual abuse as the composite crimes, mortal/fatal wounds and could have
where the penalty consists of indivisible died if not for a timely medical
penalties: intervention, the following shall be
awarded:
1.1 Where the penalty imposed is Death
but reduced to reclusion a. Civil indemnity – ₱50,000.00
perpetua because of RA 9346:
b. Moral damages – ₱50,000.00
a. Civil indemnity – ₱100,000.00
c. Exemplary damages –
b. Moral damages – ₱100,000.00 ₱50,000.00
2.3 For the victims who suffered non- i. Civil indemnity –
mortal/non-fatal injuries: ₱20,000.00
1.2 Where the crime committed was not a. Civil indemnity – ₱50,000.00
consummated, except those crimes
where there are no stages, i.e., Reckless
Imprudence and Death under b. Moral damages – ₱50,000.00
tumultuous affray:
c. Exemplary damages –
a. Frustrated: ₱50,000.00
b. Attempted: