No proof of aggravating circumstance = no exemplary damages

Conformably however with the current jurisprudence, she is entitled to indemnity of P50,000.00. For her shame, as well as mental anguish, fright, serious anxiety, besmirched reputation, moral shock and social humiliation which rape necessarily brings to the offended party, she is entitled to recover moral damages under Article 2219 in relation to Article 2217 of the Civil Code. However, since no aggravating circumstance had been proved, exemplary damages may not be awarded. In Article 2230 of the Civil Code, such damages may be awarded in criminal cases when the crime was committed with one or more aggravating circumstances. [G.R. No. 117217. December 2, 1996]