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.