The interviewer texted yesterday afternoon that the plaintiffs in the class action against FG were asking for exemplary damages and not moral damages. (I was in and out yesterday so I wasn’t able to attend to his query but here it is):
Following are the pertinent provisions on exemplary damages ( so I won’t have to type, I copied and pasted from the chanrobles website):
CIVIL CODE SECTION 5 Exemplary or Corrective Damages
Art. 2229. 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.
Art. 2230. 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.
Art. 2231. In quasi-delicts, exemplary damages may be granted if the defendant acted with gross negligence.
Art. 2232. In contracts and quasi-contracts, the court may award exemplary damages if the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner.
Art. 2233. Exemplary damages cannot be recovered as a matter of right; the court will decide whether or not they should be adjudicated.
Art. 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.
Art. 2235. A stipulation whereby exemplary damages are renounced in advance shall be null and void.
On the question of whether the corporations that are some of the named plaintiffs are allowed claim exemplary damages, I declined to give the interviewer an opinion without seeing the pleadings filed. I can give a legal opinion on situations, problems, and issues on the free-press clause and the free-speech clause (and cite the cases and quote the decisions), but the technical aspect of the litigation of an actual case, I’d need to see the allegations in the pleadings and the reliefs asked for, to give scenarios.