ERWIN TULFO Vs. PEOPLE OF THE PHILIPPINES and ATTY. CARLOS T. SO, G.R. No. 161032; and the accompanying case: SUSAN CAMBRI, REY SALAO, JOCELYN BARLIZO, and PHILIP PICHAY vs. COURT OF APPEALS, PEOPLE OF THE PHILIPPINES, and CARLOS SO, G.R. No. 161176, September 16, 2008
“x x x.
The award of exemplary damages, however, cannot be justified. Under Art. 2230 of the Civil Code, 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. No aggravating circumstances accompanied the commission of the libelous acts; thus, no exemplary damages can be awarded.
X x x.”