Court of Appeals are to be modified. The maximum penalty should be derived from prision mayor in
its maximum period, which, again, is imprisonment of ten (10) years and one (1) day to twelve (12)
years. And again, applying the Indeterminate Sentence Law, the minimum should be derived from
the penalty next lower in degree, which is prision correccional. Therefore, the new penalty to be
imposed shall be imprisonment of six (6) years of prision correccional as minimum to twelve (12)
years of prision mayor as maximum. The rest of the penalties, like the imposition on the petitioner of
a fine of one hundred thousand pesos (₱100,000.00) and the order for him to undergo psychological
counseling, as upheld by the appellate court, are hereby affirmed.
Both Criminal Case Nos. 1701 and 1702 involve the same offense as defined in RA 9262 and are
punishable by the same range of penalties as prescribed in the said law. However, due to the
greater ignominy of the acts done by the accused in Criminal Case No. 1702, the minimum and
maximum lengths of the sentence imposed should therefore be greater than in Criminal Case No.
1701.
WHEREFORE, premises considered, the petition is DENIED for failure of petitioner to show any
reversible error in the assailed CA decision. The assailed Decision dated August 11, 2011 and
Resolution dated November 25, 2011 of the Court of Appeals, in CA-G.R. CR No. 32912, are hereby
AFFIRMED and MODIFIED only as to the penalties imposed, to wit:
1) in Criminal Case No. 1701, petitioner Ricky Dinamling is ORDERED to serve an
indeterminate sentence of imprisonment of two (2) years, four (4) months and one (1) day of
prision correccional as minimum to eleven (11) years of prision mayor as maximum. He is,
likewise, ORDERED to PAY a fine of one hundred thousand pesos (₱100,000.00) and to
undergo psychological counseling;
2) in Criminal Case No. 1702, petitioner Ricky Dinamling is hereby ORDERED to serve an
indeterminate sentence of imprisonment of six ( 6) years of prision correccional as minimum
to twelve (12) years of prision mayor as maximum. He is also ORDERED to PAY a fine of
one hundred thousand pesos (₱100,000.00) and to undergo psychological counseling.
SO ORDERED.
DIOSDADO M. PERALTA
Associate Justice
WE CONCUR:
PRESBITERO J. VELASCO, JR.
Associate Justice
Chairperson
MARTIN S. VILLARAMA, JR.
Associate Justice
JOSE PORTUGAL PEREZ***
Associate Justice
BIENVENIDO L. REYES
Associate Justice
ATTESTATION