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

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