FACTS:

Accused-appellant Pala Toukyo was charged with the crime of Illegal Sale of Dangerous Drugs. The prosecution alleged that on November 22, 2010, Toukyo sold a brick of marijuana to Agent Ryan Peralta. A buy-bust operation was conducted, wherein Agent Peralta and the informant met with Toukyo near a restaurant at Burnham Park. Toukyo showed Agent Peralta the brick of marijuana, which led to his arrest. The seized marijuana was marked at the place of arrest and later turned over to the Crime Laboratory for examination. Toukyo invoked the defenses of denial and frame-up, claiming that he was merely holding the backpack of a certain Bonifacio when he was arrested. The Regional Trial Court (RTC) found Toukyo guilty beyond reasonable doubt and sentenced him to life imprisonment. On appeal, the Court of Appeals (CA) modified Toukyo's conviction, finding him guilty of Illegal Possession of Dangerous Drugs. The CA ruled that no valid buy-bust operation took place, but Toukyo's possession of the marijuana was proven. This led to the present appeal before the Supreme Court on the issue of whether or not Toukyo is guilty beyond reasonable doubt of Illegal Possession of Dangerous Drugs.

ISSUES:

1. Whether or not Toukyo is guilty beyond reasonable doubt of the crime of Illegal Possession of Dangerous Drugs, defined and penalized under Section 11 of RA 9165.

RULING:

1. The Court finds Toukyo guilty beyond reasonable doubt of the crime of Illegal Possession of Dangerous Drugs, defined and penalized under Section 11 of RA 9165.

PRINCIPLES:

• The crime of Illegal Possession of Dangerous Drugs is necessarily included in the crime of Illegal Sale of Dangerous Drugs.