Article 1228: Penalty without Proof of Actual Damages

Article 1228. Proof of actual damages suffered by the creditor is not necessary in order that the penalty may be demanded. (n)

The penalty referred to in this Article refers to the penalty as stipulated in the penal clause. There is no need to prove that there was actually damaged suffered by the creditor. It is enough that there is stipulation in the contract to that effect, considering that contracts have the force and effect of law between the contracting parties.