NOTADO, WALDEN PARDIÑAS

Bachelor of Science in Criminology (ETEEAP)

201800927

Is the result of Psychophysiological veracity examination (PVE) and

paraffin test are admissible as court evidence?

In most cases, polygraph evidence is used during pre-trial

investigation and preparations rather than during the actual trial.

In other country civil trial, the result of a polygraph were admitted

into evidence. This established a precedent across US allowing polygraph
examinations in civil trials such as divorce cases.

In the Philippine Setting, PVE using the polygraph is not fully

developed. The following are the reasons why at this stage results of PVE
are not admissible as evidence in the Philippine trial courts:

a. Qualifications of the polygraph examiners are not standardized

b. PVE using the polygraph is not standardized.
c. No standard instrumentation.

Paraffin test is NOT conclusive evidence but just corroborative

evidence which intends to support the testimony of eyewitness/es. There
are instances wherein the person who actually discharged a gun still gives
a negative result because of several factors.

Factors for false negative result:

1. Type of caliber of ammunition
2. Use of gloves
3. Length of the barrel
4. Age of the gun/ efficiency of mechanism
5. Direction of firing
6. Wind direction and velocity
7. Humidity/ percentage moisture in air
8. When 72 hours has already lapsed

Scientific experts concur in the view that the paraffin test has proved
extremely unreliable in use. It can only establish the presence or absence
of nitrates or nitrates on the hand; still, the test alone cannot determine
whether the source of the nitrates or nitrites was the discharge of a
firearms. The presence of nitrates should be taken only as an indication of
a possibility or even of a probability but not of infallibility that a person
has fired a gun, since nitrates are also admittedly found in substances
other than gunpowder.