This case has been cited 2 times or more.
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2010-11-15 |
NACHURA, J. |
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| Petitioner's reliance on the negative results of the paraffin test conducted on him the day after the fateful event must fail. Our ruling in People v. Manalo,[19] is apropos: [E]ven if he were subjected to a paraffin test and the same yields a negative finding, it cannot be definitely concluded that he had not fired a gun as it is possible for one to fire a gun and yet be negative for the presence of nitrates as when the hands are washed before the test. The Court has even recognized the great possibility that there will be no paraffin traces on the hand if, as in the instant case, the bullet was fired from a .45 Caliber pistol. | |||||
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2004-05-28 |
YNARES-SATIAGO, J. |
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| Appellant's argument that the negative result of gunpowder nitrates from the paraffin test conducted on him the day after the crime was committed, thereby showing an absence of physical evidence that he fired a gun, is untenable. In the case of People v. Manalo,[16] we stressed:x x x even if he were subjected to a paraffin test and the same yields a negative finding, it cannot be definitely concluded that he had not fired a gun as it is possible for one to fire a gun and yet be negative for the presence of nitrates as when the hands are washed before the test. The Court has even recognized the great possibility that there will be no paraffin traces on the hand if, as in the instant case, the bullet was fired from a .45 Caliber pistol. | |||||