Page 545 - Important Provisions of The New Civil Code

Article 2234. While the amount of the

exemplary damages need not be proved, the

plaintiff must show that he is entitled to moral,

temperate or compensatory damages before

the court may consider the question of whether

or not exemplary damages should be awarded.

In case liquidated damages have been agreed

upon, although no proof of loss is necessary in

order that such liquidated damages may be

recovered, nevertheless, before the court may

consider the question of granting exemplary in

addition to the liquidated damages, the plaintiff

must show that he would be entitled to moral,

temperate or compensatory damages were it

not for the stipulation for liquidated damages.

Article 2235. A stipulation whereby exemplary

damages are renounced in advance shall be null

and void