disallowed. We hold that by way of actual damages, Castulo is entitled only to P17,000.00; Drapeza to P20,000.00; Orosa to P20,000.00; and Ilasin, only to P20,000.00. Although the penalty for estafa is dependent upon the amount of the fraud,[38] we find no reason to modify the penalties fixed by the trial court in Criminal Case Nos. T-1672 to 1675 considering that the modified amounts of damages we herein award are still within the same range of penalty imposed on the appellant as provided in the first paragraph of Article 315 of the Revised Penal Code. Still on damages, we reverse the award of moral damages to Orosa, Ilasin and Castulo for lack of factual basis. They did not pray for moral damages and did not present evidence on the matter. Although moral damages are incapable of pecuniary estimation, it is necessary for the complainants to show that they incurred sufferings and injuries as a proximate result of appellants wrongful act or omission in order to warrant the award.[39] A trial court may not order an accused to pay moral damages where no evidence, testimonial or otherwise, was presented to support such finding. [40] With regard to exemplary damages, it is basic that they may be imposed in criminal cases only when the crime was committed with one or more aggravating circumstances.[41] There is no aggravating circumstance involved in the cases at bar, hence, the award of exemplary damages is improper. WHEREFORE, judgment is hereby rendered as follows: I. The judgment in Criminal Case Nos. T-1672 to T-1675 finding accused-appellant Leonora Dulay guilty beyond reasonable doubt of estafais AFFIRMED subject to the following MODIFICATIONS: (a) In Criminal Case No. T-1672, the award of moral and exemplary damages to Richard Castulo is DELETED. The award of actual damages in his favor is REDUCED to seventeen thousand pesos (P17,000.00). (b) In Criminal Case No. T-1673, the award of exemplary damages to Eduardo Drapeza is DELETED. The award of actual damages in his favor is REDUCED to twenty thousand pesos (P20,000.00). (c) In Criminal Case No. T-1674, the award of moral and exemplary damages to Odon Orosa is DELETED. The award of actual damages in his favor is REDUCED to twenty thousand pesos (P20,000.00). (d) In Criminal Case No. T-1675, the award of moral and exemplary damages to Ricardo C. Ilasin is DELETED. The award of actual damages in his favor is REDUCED to twenty thousand pesos (P20,000.00). II. The judgment of the trial court in Criminal Case No. T-1676 is REVERSED and appellant is ACQUITTED from the charge of illegal recruitment.

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