This case has been cited 1 times or more.
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2004-06-14 |
PUNO, J. |
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| The fact that the accused-appellants tested positive of gunpowder nitrates does not conclusively show that they fired the murder weapon, or a gun for that matter, for such forensic evidence should be taken only as an indication of possibility or even of probability, but not of infallibility, since nitrates are also admittedly found in substances other than gunpowder. (People v. Abellarosa, G.R. No. 121195, 27 November 1996; People v. de Guzman, 250 SCRA 118; People v. Nitcha, 240 SCRA 283)[75] Thus, while a dying declaration may be admissible in evidence, it must identify with certainty the assailant. Otherwise, it loses its significance. Also, while a paraffin test could establish the presence or absence of nitrates on the hand, it cannot establish that the source of the nitrates was the discharge of firearms a person who tests positive may have handled one or more substances with the same positive reaction for nitrates such as explosives, fireworks, fertilizers, pharmaceuticals, tobacco and leguminous plants.[76] In People v. Melchor,[77] this Court acquitted the accused despite the presence of gunpowder nitrates on his hands | |||||