Short answer. No, not on their own. Article 2229 says 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. They are an add-on: a court awards them alongside another kind of damages, not as a standalone recovery.

What the law says

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.

Civil Code, Article 2229 — Exemplary Damages Defined. Read the full provision →

The purpose: example and correction

Exemplary damages, also called corrective damages, serve a different aim from ordinary compensation. Article 2229 explains that they are imposed by way of example or correction for the public good. Rather than merely repaying a victim for a loss, they are meant to make an example of especially blameworthy conduct and to discourage others from repeating it. They carry a public dimension: the point is not just the plaintiff's recovery but a signal, through the award, that the behaviour in question should not recur.

They come in addition to other damages

Crucially, the article says these damages are imposed in addition to the moral, temperate, liquidated or compensatory damages. That phrase is what settles the question. Exemplary damages are layered on top of another award; they presuppose that the plaintiff is already entitled to some other category of damages. They are not a freestanding claim a plaintiff can pursue by itself, but an enhancement of a recovery that already exists for a real, established injury or loss.

So they cannot stand alone

Because they are additional by definition, exemplary damages cannot be awarded where there is no other damages to which they can be added. If a plaintiff is not entitled to moral, temperate, liquidated, or compensatory damages, there is nothing for the exemplary award to attach to, and it cannot be granted. The plaintiff must first establish a right to one of those underlying awards; only then can the court consider adding exemplary damages to punish and deter the defendant's conduct.

What a claimant must show

The practical sequence for a claimant is therefore two-fold. First, prove entitlement to an underlying award, an actual loss, a contractual stipulation, or a basis for moral damages. Second, show that the defendant's conduct was serious enough, wanton, oppressive, or otherwise deserving of correction, to justify an example being made. Only with both in place can exemplary damages be awarded. Article 2229 makes clear that they reinforce a recovery; they never substitute for one.

Cases citing this provision

These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.