This case has been cited 2 times or more.
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2007-07-12 |
GARCIA, J. |
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| Appellant likewise capitalizes on the results of the paraffin test showing that both his hands yielded no trace of gunpowder residue. Unfortunately for appellant, the results of the paraffin test would not exculpate him. The negative findings of said test do not conclusively show that a person did not discharge a firearm at the time the crime was committed. This Court has observed that it is quite possible for a person to discharge a firearm and yet exhibit no trace of nitrates: when, e.g., the assailant fired the weapon while wearing gloves or where the assailant thoroughly washes his hands thereafter.[14] As George de Lara of the NBI stated in his testimony before the trial court, if a person applies cosmetics on his hands before the cast is taken, gunpowder residue would not be found in that person's hands. He also testified that certain factors could contribute to the negative result of a paraffin test such as perspiration, humidity or the type of firearm used. In fine, a finding that the paraffin test on the person of the appellant yielded negative results is not conclusive evidence to show that he indeed had not fired a gun. | |||||
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2001-06-19 |
GONZAGA-REYES, J. |
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| Considering the evidence for the prosecution and for the defense, we are in accord with the verdict that the appellant is guilty beyond reasonable doubt of the crime charged. The penalty for murder under Article 248 of the Revised Penal Code is reclusion temporal[24] in its maximum period to death. There being no aggravating or mitigating circumstances, the mid-range penalty of reclusion perpetua should be imposed upon appellant. Consistent with prevailing jurisprudence, we sustain the award of P50,000.00 to the heirs of the victim as indemnity for his untimely demise.[25] | |||||