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.”
