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ARTURO REVITA 'ALIAS' ARTHUR v. PEOPLE

This case has been cited 1 times or more.

2011-02-16
VELASCO JR., J.
Time and again this Court had reiterated that "even negative findings of the paraffin test do not conclusively show that a person did not fire a gun,"[20] and that "a paraffin test has been held to be highly unreliable."[21]  This is so since there are many ways, either deliberately or accidentally, that the residue of gunpowder nitrates in the hands of a person who fired a handgun can be removed.  This point was aptly explained and clarified by defense witness P/Supt. Babor, a Forensic Chemist and the Regional Chief of the PNP Crime Laboratory at Camp Olivas in San Fernando, Pampanga. She explained in open court the various factors affecting the non-adhesion, disappearance or removal of the residue of gunpowder nitrates on the hands of a person who fires a gun, like the wind direction and velocity when the handgun was fired, the type of firearm used, the humidity or moisture present in the ammunition, and when the person wears gloves to preclude adhesion of the gunpowder nitrates.[22]  Also, she explained that opening the pores of the skin will make the nitrates slough off or disappear and this could be done by subjecting the hands to heat, like steam from boiling water, or sufficiently washing the hands with warm water.  Finally, gunpowder nitrates are also dissolved by diphenylamine.[23]