This case has been cited 2 times or more.
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2004-05-28 |
YNARES-SATIAGO, J. |
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| Paraffin tests, in general, have been rendered inconclusive by this Court. Scientific experts concur in the view that the paraffin test has proved extremely unreliable in use. It can only establish the presence or absence of nitrates or nitrites on the hand; still, the test alone cannot determine whether the source of the nitrates or nitrites was the discharge of a firearm. The presence of nitrates should be taken only as an indication of a possibility or even of a probability but not of infallibility that a person has fired a gun, since nitrates are also admittedly found in substances other than gunpowder.[15] | |||||
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2003-12-02 |
CARPIO MORALES, J. |
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| As for the positive paraffin findings on appellant, it is well settled that nitrates are also found in substances other than gunpowder.[34] Thus, in a number of cases,[35] the Court acquitted the accused despite the finding of gunpowder nitrates on his hand, noting that:[S]cientific experts concur in the view that the result of a paraffin test is not conclusive. While it can establish the presence of nitrates or nitrites on the hand, it does not always indubitably show that said nitrates or nitrites were caused by the discharge of firearm. The person tested may have handled one or more of a number of substances which give the same positive reaction for nitrates or nitrites, such as explosives, fireworks, pharmaceuticals, and leguminous plants such as peas, beans, and alfalfa. A person who uses tobacco may also have nitrate or nitrite deposits on his hands since these substances are present in the products of combustion of tobacco. The presence of nitrates, therefore, should be taken only as an indication of a possibility but not of infallibility that the person tested has fired a gun.[36] In fact, prosecution witness Police Superintendent Liza Madeja Sabong, who conducted the paraffin test on appellant, testified that a person who fires a gun can transfer gunpowder from his hands to someone standing very near him even if the second person did not fire a gun himself.[37] | |||||