LAW ON EVIDENCE | PEOPLE VS. BRGY. CAPT. TONY TOMAS ETC. G.R. NO. 192251, FEBRUARY 16, 2011

PEOPLE VS. BRGY. CAPT. TONY TOMAS ETC. 

G.R. NO. 192251, FEBRUARY 16, 2011


FACTS Three accused were indicted for murder on July 21, 2006, for allegedly shooting Estrella Doctor Casco on July 19, 2006. During the incident, the accused without warning, shot the victim twice and continued to shoot her three more times while she was on the ground, resulting in her death. The victim's mother and caretakers were present during the shooting. The three accused fled towards the house of one of them after the shooting. The prosecution presented a detailed version of the events that led to the victim's death, including the testimonies of witnesses, an autopsy report, and the police investigation. Whether the negative findings of the paraffin test concusively show that a person did not fire a gun.

HELD No. 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,” and that “a paraffin test has been held to be highly unreliable.”








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