G.R. No. 214536 - MEDEL CORONEL Y SANTILLAN, RONALDO PERMEJO Y ABARQUEZ, NESTOR VILLAFUERTE Y SAPIN AND JOANNE OLIVAREZ Y RAMOS, VS. PEOPLE OF THE PHILIPPINES.

Ruling

WHEREFORE , judgment is hereby rendered as follows: a) ACQUITTING the accused BENJIE GUDAY Y MANTILLA, FIDEL BALBOA Y MEMORACION and ERLINDA FETALINO Y BATICA of the charge of Violation of Section 7, of Republic Act 9165 in Criminal Case No. R-PSY-10-02059-CR for failure of prosecution's evidence to establish the guilt of the accused beyond reasonable doubt; b) Finding accused MEDEL CORONEL Y SANTILLAN, RONALDO PERMEJO Y ABARQUEZ, NESTOR VILLAFUERTE Y SAPIN and JOANNE OLIVAREZ Y RAMOS a.k.a. JOANNE OLIVARE, guilty beyond reasonable doubt of the charge of Violation of Section 15, Article II, Republic Act [No.] 9165 in Criminal Case No. R­-PSY-10-02058-CR and are hereby sentenced to suffer the penalty of six (6) months rehabilitation in a government center; [and] [c] Finding accused MEDEL CORONEL Y SANTILLAN, RONALDO PERMEJO Y ABARQUEZ, NESTOR VILLAFUERTE Y SAPIN and JOANNE OLIVAREZ Y RAMOS a.k.a. JOANNE OLIVARE, guilty beyond reasonable doubt of the charge of Violation of Section 7, (Visitors of Den, Dive or Resort) of Republic Act No. 9165 in Criminal Case No. R-PSY-10-02059[-CR] and are hereby sentenced to suffer the penalty of imprisonment of twelve (12) years and one (1) day as minimum to fourteen (14) years as maximum and for each of them to pay a fine of one hundred thousand pesos (Php100,000) with subsidiary imprisonment in case of insolvency. [37] (Emphasis in the original) Petitioners appealed to the Court of Appeals on the ground that the prosecution failed to prove their guilt beyond reasonable doubt. In the Decision dated April 29, 2014, the Court of Appeals affirmed the ruling of the Regional Trial Court. [38] The dispositive portion reads: Finally, considering that the penalties imposed upon accused-­appellants are all in accord with the provisions of R.A. No. 9165, more so since they never questioned the same in their Brief , this Court affirms the imposition of said penalties by the court a quo . WHEREFORE , premises considered, the instant Appeal is DISMISSED . The Joint Decision dated 30 October 2012 of the Regional Trial Court of Pasay City, Branch 231 in Criminal Case Nos. R-PSY-010-02059-CR and R-PSY-010-02058-CR is AFFIRMED . SO ORDERED.