Negative paraffin test not conclusive

Photo courtesy of mediavisioninteractive.com
Photo courtesy of mediavisioninteractive.com

Let us say you were accused of committing the crime of murder for shooting someone to death.

Despite the glaring pieces of evidence pointing to your guilt, you still claimed you are innocent of such crime.

In your desire to get an acquittal, you raised the defense that you never fired a gun at the time of the untoward incident.

To prove your defense, you presented the result of your paraffin test, which yielded negative.

But even with the negative paraffin test result, the trial court still convicted you.

And so you wondered why you never got an acquittal despite the result of your paraffin test.

Negative paraffin test not conclusive

This brings us now to the question on whether negative paraffin test results conclusively show that a person did not fire a gun.

The Supreme Court in People of the Philippines vs. Barangay Captain Tony Tomas, Sr., et. al. gave the answer to this question.

Speaking through Justice Presbitero J. Velasco, Jr., the Court said, “Negative findings of the paraffin test do not conclusively show that a person did not fire a gun.”

It even added that “a paraffin test has been held to be highly unreliable.”

The reason for this, as the Court explained, is “there are many ways, either deliberately or accidentally, that the residue of gunpowder nitrates of a person who fired a handgun can be removed.”

[References: People of the Philippines vs. Barangay Captain Tony Tomas, Sr., et. al. (G.R. No. 192251, February 16, 2011)/See also: Romeo Ilisan y Piabol vs. People of the Philippines (G.R. No. 179487, November 15, 2010), The People of the Philippines vs. Rodolfo Manalo y Cabisuelas (G.R. Nos. 96123-24, March 8, 1993), and The People of the Philippines vs. Noli Pagal y Lamqui, et. al. (G.R. Nos. 112626-21, May 14, 1997)]

Advertisements

Author: Pinggoy Lopez

Inspiring others is my greatest passion

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s