Short answer. Yes. Article 2230 of the Civil Code allows the court to impose exemplary damages as part of civil liability whenever a crime is committed with one or more aggravating circumstances. These damages go to you, the offended party, and are entirely separate from any fines imposed on the convict.
What the law says
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.
Civil Code, Article 2230 — Exemplary Damages in Criminal Offenses. Read the full provision →
The rule under Article 2230
Article 2230 of the Civil Code is specific: 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. The trigger is not the severity of the punishment in itself — it is the presence of an aggravating circumstance that the court found proven. If your attacker was convicted and one or more aggravating circumstances were established in that proceeding, the legal foundation for exemplary damages exists.
Paid to you, not to the government
A point that matters: the law is explicit that these damages are separate and distinct from fines and shall be paid to the offended party. Fines go to the government. Exemplary damages under this provision flow directly to you as the victim. They are part of the civil liability the court adjudicates alongside the criminal case — not a penalty running parallel to it. This distinction ensures that the additional accountability the court imposes because of the aggravating conduct actually reaches the person who was harmed.
Discretion of the court
Article 2230 uses the word may, which means the award is discretionary, not automatic. The existence of an aggravating circumstance opens the door; it does not guarantee that exemplary damages will be imposed or set their amount. The court considers whether an additional award serves a corrective and deterrent purpose given the facts of the case. As a practical matter, this is where your participation in the civil aspect of the criminal proceeding matters — presenting the facts of your harm clearly and completely gives the court the basis to exercise that discretion in your favor.
Civil liability within the criminal case
When a criminal case is filed, the civil action for recovery of damages arising from the offense is generally included. Exemplary damages claimed under Article 2230 fall within that civil action. You do not need to file a separate civil case to claim them — the criminal court handles both. If you did not actively participate in the civil aspect, or if the civil action was reserved or waived, the opportunity to claim exemplary damages in that proceeding may be affected. Understanding whether you are still within the window to assert your civil claim is an important step.
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.
- People of the Philippines vs. Renato Dadulla, G.R. No. 172321, February 9, 2011 — read the decision on LawPhil →
- People of the Philippines vs. Alvin Esugon y Avila, G.R. No. 195244, June 22, 2015 — read the decision on LawPhil →
- People of the Philippines vs. Rudy Nuyok, G.R. No. 195424, June 15, 2015 — read the decision on LawPhil →
- People of the Philippines vs. Bobby Belgay, G.R. No. 182794, September 8, 2014 — read the decision on LawPhil →