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Forensic Polygraphy

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POLYGRAPHY AND PSYCHOPHYSIOLOGY’

Lie detection test customarily involve the process of recording the psycho physiological reactions of a
person while being questioned and scientific interpretation of the person’s reactions by trained experts.

Scientific lie detection methods primarily and extensively utilize the combined knowledge of psychology
and physiology. This led the term psychophysiology.

The field PSYCHOPHYSIOLOGY is focused on studying the functions of human nervous system and the
bodily reactions of a person as influenced by his mental responses to specific stimutus.

in simpler words, it is a field of science dealing with the relationship between psychology and
physiology. Thus this demand that one must be knowledgeable on the Human Nervous System.

Polygraphy or Polygraph Science is founded on the theory that when a person is lying, he has fear that
these lies will be detected thus, he becomes anxious or uneasy. This psychological Stress activates his
flight or flight mechanism causing changes in the normal functioning of his physical body. These changes
known as PHYSIOLOGICAL REACTIONS are used as the criteria in evaluating the person's truthfulness.

However, Polygraphy is the more popular term for forensic psychophysiology using the polygraph
instrument. Polygraphy is a technique used to determine stress person of a person being questioned
regarding a specific issue to ascertain whether he/she is deceptive or telling the truth. It is a scientific
method of detecting deception using an instrument called polygraph. Some people use of polygraphy as
the new name of Lie detection but strictly speaking, polygraphy is only a part of scientific detection.

THE HUMAN NERVOUS SYSTEM

An activity which involves lying usually requires mental consciousness so as to circumvent facts in order
to conceal the truth. The human nervous system is considered the seat of all actions of men since it
controls all impulses of men. The human nervous system is divided into two Central Nervous System and
the Peripheral Nervous System.

CENTRAL NERVOUS SYSTEM

it further divided into two components namely:

-Brain
-Spinal Cord

PERIPHERAL NERVOUS SYSTEM

it is further divided into two components namely:

- Somatic Nervous System

- Autonomic Nervous System, further subdivided into the:

✓Sympathetic NS

✓ Parasympathetic NS

BASIC FUNCTIONS OF THE HUMAN NERVOUS SYTEM THE CENTRAL NERVOUS SYSTEM (CNS)

- Thinks - is responsible for your memory. intelligence, your thoughts

- Controls your autonomic functions heart rate, breathing, homeostasis

- Controls your immune system protects you from viruses

THE PERIPHERAL NERVOUS SYSTEM (PNS)

- includes all neural tissue outside the central nervous system. It is responsible for providing sensory
(afferent) information into the CNS and carrying motor (efferent) commands out to the body tissues.

- Somatic Nervous System

controls voluntary commands, such as moving muscles to walk or talk.

- Autonomic Nervous System

controls involuntary motor commands such as digestion and heartbeat.

The AUTONOMIC NERVOUS SYSTEM, which acts as self regulating (autonomic) response of the body, is
further divided into two branches:

a. Sympathetic Nervous System also called the flight or flight mechanism increases alertness, stimulates
tissue, and prepares the body for quick responses to unusual situations.

b. Parasympathetic Nervous System


also called the rest and response system, conserves energy and controls sedentary activities, such as
digestion.

LYING: OVERVIEW

LIE - It is a false impression made deliberately.

DECEIT -  An act of deceiving or misleading somebody. It is something done to trick or mislead


somebody.

TRUTH

- True quality of something

- Something factual or something that corresponds to fact or reality

- True statement that corresponds to reality - The fundamental requirement in administering justice.
(Dr. Hans Gross)

TYPES OF LIE

DIRECT DENIAL

-  A lie that results to emotional disturbance.

-  The disturbance is caused by conflict of a person’s conscience in his attempt to deceive.

- This lie is manifested by the response - I DID NOT DO IT to evade inner conflict while seeming to
answer the question.

LIE OF OMISSION

- The type of lie commonly used because it is easy to tell.

- The act of telling what transpired but omitting details that are incriminating.

LIE 0F EXAGGERATION

- The type of lie used by a person who overplays what actually happens.

- This could be in the form of a testimony where details are added to intensity the impact of story.
LIE OF MINIMIZATION

- Involves acceptance of person that something happen but downplays the implication or seriousness of
the offense.

FABRICATED LIE

- Also called lie of fabrication, is the type of lie that is most difficult to use.

- This involves the act of creating a story or series of events that never transpired

WHITE LIE

- Also called benign lie, honest lie, harmless lie, etc.

- it is the type of a lie perceived or intended not to harm, but told in order to avoid distress or
embarrassment

- It is usually in the form of a remark or comment that is not true however, it must be uttered to
maintain friendship or harmony at home or in a workplace.

RED LIE

- Sometime called misinformation.

- This is a line of information that is seemingly valuable but is intended to destroy a political belief or
ideology.

- This can also be better known as Politics Propaganda.

- Strictly speaking, propaganda refers to an information or publicity put out by an organization or


government to spread and promote a policy, idea, doctrine, or cause.

- However, most of propaganda are misleading publicity since these are in the form of deceptive or
distorted information that is systematically spread.

MALICIOUS LIE

-A chronic (constant) lie that is intended to mislead justice.

-It is usually in the form of pure dishonest statement for the purpose of obstructing justice.

TYPES OF A LIAR
PANIC LIAR

- A person who panics when questioned about his involvement concerning a crime but immediately
denies the truth to avoid shame or humiliation that it might cause to his family.

- A panic liar decides to circumvent the truth to avoid humiliation consequences of his confession to
himself or to his family

Occupational Liar

- An individual whose job is to tell a lie and deceive other people.

- One who is being paid to tell lies. He is practical liar- he will tell lie if doing it provides a higher pay off
than telling the truth.

TOURNAMENT LIAR

- A person who uses the act of lying to test his ability and prove to him that he is capable of deceiving
the police or authorities.

- One who is gratified by telling lies to mislead others. His view is that telling lies are one form of contest.

ETHNOLOGiCAL LIAR

- A person trained to lie.

PSYCHOPATHIC LIAR

- An individual who has no conscience thus capable of lying to the point of causing death to other
person.

PATHOLOGICAL LIAR

- A sick person who tells a lie simply because he cannot distinguish what is right from what is wrong

BLACK LIAR

One who enjoys pretending and better known as.hypocrite.

SYMPTOMPS OF LYING
Ordinarily, lying can be initialy detected even without using machines or commonly known as detectors.
They can be detected by the following layman's method:

- Thru Facial Expression

- Thru Posturel Reaction

- Thru Cause and Effect Process, such as the stimulation-reaction or response test.

FACIAL EXPRESSION

- Blushing, paling or profuse sweating of forehead,

-Dilation of the eyes, protrusion of the eyeballs and elevation of upper eyelids

- Squinting of the eyes (showing envy, disdain, distrust, etc.)

- Twitching of the lips

- Excessive winking of eyes

- Failure to look the inquirer straight into the eye

- Excessive activity of Adam's apple and the vein at the temple due to dryness of throat and mouth

- Quivering of nose or nostrilsA peculiar monotone of the voice

- A forced laugh

- Rolling of eyeballs from one direction to another

POSTURAL REACTION

- Fidgeting, tapping or drumming of fingers on the chair or other surfaces

- Swinging of legs or one leg over the other -Unnecesary movements of hands and feet (like scratching.
nail-biting, thumb or finger sucking

- Pulsation of the carotid artery in the neck

- Incoherence, trembling and sweating of the whole body.

ANCIENT METHODS OF LIE DETECTION

People of the ancient times have their own ways of detecting deception even without the use of
polygraph and other scientific instruments. This method is populany known as Trial by Ordeal which
chiefly relied on the principle of Judicium Die or Dei Indictum which means God’s Judgment. These
practices are anchored on the explanation that when one is truthful, God will be protecting his interest
but punishes him when he is lying.

• RED HOT IRON ORDEAL

- Practiced in North Bengal. The accused had to carry a bar of red-hot iron in his hands while he walked
nine marked paces.

• TRIAL BY COMBAT/JUDICIAL DUEL

-The aggrieved party claimed the right to fight the alleged offender or to pay a champion to fight for
him.

- The victor is said to win not by his own strength but because of supernatural powers that had
intervened on the side of the right, as in the duel in the European Ages in which the “Judgment of God
was thought to determine the winner".

- if still alive after the combat, the loser might be hanged or burned for a criminal offense or have a hand
out off and property confiscated in civil actions.

ORDEAL BY WATER

-The water was symbolic of the flood of the Old Testament, washing sin from the face of the earth
allowing only the righteous minority to survive.

- Ordeal by water was the usual mode of trial allowed to members of the lower class. It involves ordeal
by boiling water and the cold water.

BOILING WATER

- Consisted of lifting a stone out of the boiling water with hand inserted as deep as the wrist.

- More serious offense demanded that the arm was submerged up to the elbow.

- The burn was bandaged for three days and subjected to fateful examination.

COLD WATER

- Usual mode of trial for witch craft.


- In this ordeal the accused was tied at feet and hands and was lowered to cold water by rope.

- This rope is tied around the defendant‘s waist and had a knot at a particular distance from the torso.

- If both knot and accused dipped beneath

the surface of the water, the accused was proven innocent.

- if the knot is dry or if the water refused to receive him, the defendant was guilty.

ORDEAL OF BALANCE

- Practice of the Institute of Vishnu, India.

- A scale of balance is used, in one end of the scale is placed and the end is a counter balance.

- The person will step out of the scale and listen to a judge to deliver exhortation on the balance and get
back in.

- If he was found lighter than before, then he should be acquitted.

ORDEAL BY RICE CHEWING

- It is performed with a kind of rice called sathee, prepared with various incantations. The person on trial
eats the sathee, with the face to the east and then spits upon a pea leaf.

- lf saliva is mixed with blood or the corner of his mouth swells or he trembles, he is declared to be a liar.
Indians practiced this ordeal.

ORDEAL OF THE RED WATER

-The ordeal of the ‘sassy park’ or red water is used in the wide region of Africa.

- The accused is made to fast for twelve hours, and then swallows a small amount of rice.

- He is then immersed into dark colored water. The water is actually emetic and if the suspect ejects all
the rice, he is considered innocent of the charge; otherwise, the accused is guilty.

ORDEAL OF THE CORSNAED (ORDEAL BY

BLESSED BREAD)

- A priest puts the corsnaed or hallowed bread into the mouth of the accused, with various
imprecations. If the accused swallowed it he was freed from punishment.
TEST OF THE EUCHARIST

- This was applied chiefly among the clergy and monks.

- When they took the host it was believed that God would smite the guilty with sickness or death.

- Others believe that if the accused is innocent, when given a poisonous drink for him to take in, Angel '
Gabriel will descend from heaven to prevent the accused from taking in the poisonous drink.

ORDEAL OF THE BIER

-It was an ancient belief that the slain dead could point out their killer.

-In England, it was customary for the accused to approach the bier where the corpse lay.

- In the view of the witness, the wounds of the victim were observed to see if they began to bleed again.

- They believe that murderer is near, which causes the blood to flow out from the wound of the victim.
This ordeal was recorded well by Shakespeare in “Richard III".

TRIAL OF THE CROSS

- The accuser and the accused were placed under cross with their arms extended or crosswise and the
child and the first to move his hands or suffer them to fail held guilty.

- Or the accused was placed before relics and two dice were then produced, one marked with a cross. Of
these, one was taken up at hazard, it happened to bear the sign of the cross. the accused was acquitted.

TRIAL OF THE WAXEN SHiRT

-  The accused dressed in cloth covered with wax and walked barefooted over burning colas. If he was
unhurt by tire and the wax did not melt, he was considered innocent.

HEREDITARY SIEVE METHOD

- Beans thrown into a sieve as the name of the accused was called, mentioned this ordeal.

- If the beans jump out the sieve, the owner of the sieve is innocent. If the beans remained in the sieve
the person named a thief. ,

DONKEY’S TAIL ORDEAL


- As a psychoiogical theory‘ a donkey is placed in a room alone and observed. if the donkey cried a
judgment of guilt in crimes, is pressured. it is believed that deep inside one’s conscience, he is guilty.

ORDEAL OF THE TIGER

- Practiced in Siam, the accused and the accuser are placed in a cage of a tiger, spare one of them he is
considered innocent.

OTHER COUNTRIES PRACTICING ORDEAL

BURMA

the ordeal by divination is being practiced in this country, whereby the two contesting parties are
furnished with candies of equal size and lighted simultaneously, the owner of the candle that outlast the
other is adjudged to won his cause.

MADAGASCAR

-legal authorities practiced trial by ordeal.

The supposed criminal was to drink, a poisonous fruit called “tangena”. a small dose can be fatal. By
managing the size of the dose. those who administer it can decide result

BORNEO

-the accuser and the accused were presented shellfish pieced on a plate. An irritating fluid was then
poured on the shellfish and the litigant whose shellfish moved first was adjudged the winner.

GREECE

-a suspended axe was spun at the center of a group of suspects. Soon as the axe stopped, whoever was
in the line with axe’s blade was supposed to be guilty out by the divine providence. '

NIGERIA

-the priest greased a cock’s feather and pierced the tongue of the accused, if feather passed through the
tongue easily, the accused was deemed innocent. if not, the accused is guilty. Another method practiced
in the same country is the pouring of corrosive liquid into the eyes of the accused who was supposed to
be unharmed if innocent. Pouring of boiling oil over the hand of the accused with usual requisites for
guilt or innocence is also practiced.
OTHER MEANS OF DECEPTION DETECTION

HYPNOTiSM

The word hypnosis is derived from the Greek word hypnos, meaning sleep. Hypnotism is a means of
bringing on an artificial state of sleep to the participant. This is more accurately described as a state of
reduced consciousness while one is awake. This method was introduced by an Austrian Physician Franz
(Friedrich) Anton Mesmer in 1778.

WORD ASSOCIATION TEST

This method was introduced in 1879 by Sir Francis Gafton an English Scientist and Anthropometrist His
experiment was later developed by Dr. Carl Gustav Jung A Swiss psychologist and psychiatrist and the
founder of Analytical Psychology.

- Modified by Wundt, Munsterberg and Luria.

- Hugo Munsterberg - introduced WAT in US - Alexander Luria-  discovered that strong emotions prevent
a subject from forming steady or smooth automatic motor and speech responses.

In relation to lie detection, the principle of WAT is that when a guilty examinee is confronted with
relevant (stimulus) word, he will suffer from an inner conflict while trying to utter an associated word
denying his guilt. Inner Conflict can be in a form of: (BURRID)

- Blocking of response

- Uncoordinated physical movements

- More Bapid reaction time

- Repetition of relevant or stimulus word Stereotype or identical responses to several different words

- Delay in reaction time

In this test, the examinee is presented with group of words sufficiently separated in time to allow the
examinee to utter his first thought generated by each word. To use thus test in determining criminal
guilt, several neutral questions irrelevant to the crime must be mixed with words relevant to the crime
under investigation.

TRUTH SERUM TEST


This method was introduced by Dr. Edward Mandel House, a U.S physicist and diplomat and a
confidential adviser to former U.S. President Woodrow Wilson. This method is based on the theory that
intervention through interrogation is made possible after dosage of drugs has been appropriately
administered, which depresses the cerebral activity to a point of unconsciousness, an influence called as
the House Receptive Stage or Twilight Zone. On this condition the subject is half asleep. Hyoscine
Hydrobromide is the medicine used

NARCO-ANALYSIS OR NARCO-SYNTHESIS

  This method of detecting deception was practically the same as that of administration of truth serum.
The only difference is the drug used. Sodium Amytal or sodium Pentothal is the drug used. Scopolamine
is the aternative but not desirable because of the negative side effects.

INTOXICATION

This is practiced by means of drinking alcoholic beverages as stimuli to obtain truth on the part of the
subject.The subject for interrogation will be allowed to take alcoholic beverages up to the point of
intoxication.

PSYCHOLOGICAL STRESS EVALUATOR (PSE)

When a person speaks, there are audible voice

frequencies, and superimposed on these are the in audible frequency modulations which are products
of minute fluctuation of the muscle of the voice mechanism.

BRAIN WAVE FINGERPRINTING

- Patented by Lawrence Farwell in 1914

Different regions of the brain will light up when people tell truth or lie and that different regions are
activated depending upon the type of lie.

- Electrical brain wave (P300) when a person sees a familiar object

IMPORTANT PIONEERS OF LIE DETECTION

-DANIEL DEFOE

wrote an essay entitled "An Effectual Scheme for the Immediate Preventing of Street Robberies
Suppressing all Other Disorders of the Night wherein he recommended that taking the pulse of a
suspicious fellow was a practical, effective and humane method for distinguishing truthfulness from
lying.

ANGELO MOSSO

Pursued in his studies of emotion and fear and its influence on the heart and respiration with an
instrument for measuring blood pressure and pulse change called Plethysmograph.

CESAR LOMBROSO

An talian Criminologist who wrote: L Homme

Criminel in which he related his use of the Plethysmograph and a Sphygmograph during interrogation of
criminal Suspects.

(Hydrosphymograph)

GEORG STICKER

- He made the first suggestion for using Galvanograph for detecting deception based on the work of
several predecessors.

LUIGI GALVANI

- He is italian physiologist who was accorded the distinction for developing the galvanic skin reflex (GSR)
or the galvanometer, which records electrical bodily resistance in terms of ohms, the lowest current
ever recorded

FERE

- Observed that when a weak current is applied thru 2 metal transducer attached to the skin, deflection
is produced on a galvanometer which he believes to be directly influenced by a wide variety of stimuli
and emotional state.

VERAGUTH

The first to use the term “Psychogalvic skin Reflex" and believe that the electrical phenomena are due to
the activity of the sweat glands. (Repudiated by C. Ruckmick, instead Electrodermal Response)

VITTORIO " VICTOR" BENUSSI


-Presented a paper March 1913 on the subject of his experiments regarding respiratory symptoms of
lying.

- He detected deception with a pneumograph, an instrument that graphically measures the inhalation
and exhalation pattern.

HAROLD BURTT

- Determined that respiratory changes were indicative of deception.

- He found out that changes in systolic blood pressure were of greater value in determining deception
than in changes in respiration.

SIR JAMES MACKENZIE

-A famous heart specialist. It was said that “polygraph” exists as early as 1906 but it is not being used to
detect deception. He first described the instrument in an article entitled “The Ink Polygraph” which
appeared in British Medical Journal in 1908.

JOHN LARSON

-Developed an instrument that continually and simultaneously measures blood pressure and respiration.

-The first practical polygraph (Cardio' PneumoPsychogram/Sphygmomanometer Plethysmograph or


Sphyggy)

LEONARD KEELER

-Developed the metal recording tambour or bellows, the Kymograph, the rolled chart paper and method
of questioning and was also the first to incorporate Galvanograph with measurement of blood pressure

and respiration.

Dr. WILLIAM M MARSTON

- Devised the systolic blood pressure deception test in 1915 a.k.a. discontinuous method.

- Take and record the subject’s btood pressure, release the cuff. Ask the subject a question. Take and
record the subject's blood pressure once again to identify any changes.

- Known as the father of modern polygraph.


FUNDAMENTALS OF POLYGRAPHY

BASIC TERMINOLOGIES

Polygraphy - or polygraph science in this scientific method of detecting deception using an instrument
called polygraph.

Polygraph

-a scientific instrument that simultaneously records the changes in physiological processes of the human
body. (a.k.a. Deceptograph, Lie-Detector, Pneumo-Galvo-Sphygmo Cardiograph)

Lie Detector

-the popular but misleading name of the polygraph machine.

Subject

-the person to be or being examined, usually a suspected criminal; also called examinee.

Examiner

- the expert in polygraph science who uses polygraph machine to verify truthfulness of a subject's
statement or testimony. (a.k.a. Polygraphist, Forensic Psychophysiologist)

Requesting party

the person or persons who ask for the services of the examiner to help verify the truthfulness of a
subject’s statement or testimony.

Polygraph Examination

- a form of PVE (Psychophysiological Veracity Examination) which involves the examination of a subject
using the polygraph machine that officially covers the movement of the subject upon entering the
polygraph suite until he leaves.

Polygraph Test
the specific part of the preliminary examination that transpires from the moment the chart drive
(KYMOGRAPH) is turned on until it is turned off.

Specific Stimulus

-a weII-phrased question that is designs to cause a response from a subject, it could be in the form of
relevant question, control question, or symptomatic question.

Specific Response

any deviation or change from the subject’s normal tracing as shown by the polygraph.

Norm

also called normal response; the tracing of subject when no question is asked or the response of a
subject to an irrelevant question.

Polygraph Chart

- the continuous graph where detected physiological response of the subject is recorded.

Polygram

- the polygraph chart tracing obtained from a subject; consist of polygraph chart and the tracings of a
subject from specific stimuli.

Polygraph Room

- sometimes referred to as an interrogation room, the sound proofed room where the subject is being
questioned while the polygraph sensor is attached to his body.

lnconclusive

when the polygraphist (examiner) is unable to make a determination.

THE POLYGRAPH MACHINE


  The polygraph machine is the instrument or the tool used in the recording of the physiological
responses of the subject during the polygraph examination. These responses are then subjected to
interpretation by the examiner so as to determine the veracity of answers given by the subject. The
instrument records these physiological responses through its

channels or modules.

MAJOR COMPONENTS AND ATTACHMENT (PCG-K)

a. PNEUMOGRAPH COMPONENT

b. CARDlO-SPHYMOGRAPH COMPONENT

c. GALVANIC SKIN REFLEX (GSR) COMPONENT

d. KYMOGRAPH

THE PEUMOGRAPH

- The pneumograph component records the changes of breathing of the subject.

- It is made up of two units, the Pneumograph chest assembly and the recording unit

- The Pneumograph assembly is composed of the rubber-convoluted tube as the principal sensor and
banded chain tubing for attachment.

- One is to be attached on the lower thorax and the other is to be attached on the upper thorax.

THE GSR

- The Galvanograph component records the skin resistance of the subject to a very small amount of
electricity.

- It is composed of the finger electrode assembly which serves as the main sensor, amplifier unit and the
galvanometer-recorder unit.

- The finger electrode connects the subject to the instrument in such manner that his skin resistance is a
circuit element of the polygraph.

- Finger electrodes are usually attached on the index and ring finger.

THE CARDIO-SPHYMOGRAPH

- The Cardio-sphygmograph component records the changes of the blood pressure and pulse rate of the
subject.

- It is composed of the blood pressure cuff assembly which serves as the main sensor,
sphygmomanometer (BP) vent, and resonance control and recording unit.

- The Arm cuff is usually attached at the upper right arm but it is preferably attached depending on the
handedness of the subject provided GSR and arm cuff will not be attached on the same hand.

THE KYMOGRAPH

- A motor or device that pulls or drives the chart paper under the recording pen simultaneously.

OTHER PARTS OF THE POLYGRAPH

1. AC Power receptacle - power cord connects here.

2. Attache Compartment - storage for all forms and supplies.

3. Chart Drive Roller Lever  - lifts the chart drive roller for paper changes and chart removal.

4. Cuff- pneumatic connection for Cardio Channel of the subject.

5. Foam Pen Hold Down - keeps pen in place when instrument is being transported.

6. Galvanic Skin Response Module -recording part of GSR channel.

7. Mechanical Cardio Module - recording part of the mechanical cardio channel.

8. Mechanical Cardio Switch- disengages mechanical cardio module pneumatic, system for low pressure
cardio operation.

9. Mechanical Pneumo Module - recording part of the mechanical pneumo channel.

10.Paper Storage Compartment - hold tow spare rolls of chart paper.

11. Paper Tear Bar - provides cutting edge for convenient removal charts.

12. Pen Lifter - raises or lower pens to 3 positions (loading, ready, test)

13. Pneumo 1 - pneumatic connection for the upper (thoracic) pneumograph.

14.Pneumo 2- pneumatic connection for lower (abdominal) pneumograph.

15. Power Switch - applies power to the instrument. On and off button.’

16.Program Pacer - a programmable cueing device for question and answer spacing.

17.Pump- pneumatic connection for hand pump used to inflate subject cuff.

18. Sphygmomanometer - reads operating pressure of cardio channels.

THE POLYGRAPH EXAMINATION


A. POLYGRAPH QUESTIONS

The success of the polygraph examination is highly  attributed to the skill and ability of the examiner in
all the aspects of examination. The formulation of questions, among others, is one of the most crucial
parts since it will define the desired answer of the subject leading to the success of the examination.
Questions which are poorly constucted will defeat the purpose of examination. Thus, the examiner must
be guided by the rules on question formulation.

RULES ON FORMULATION OF QUESTIONS (CLOSERY)

1. The meaning must be Clear and unmistakable phrase in a language and the subject can be easily
understood.

2. Must not involve Legal terminology, such as: rob,  murder, assault, and etc.

4. All questions must refer to One offense only

5. Question must be Simple and direct.

6. All questions must refer to only one Element of an offense

7. Must not contain inferences to one's Reiigion, race or belief.

8. Must be answerable by Yes and No

https://youtu.be/9YwakNxUmEg

TYPES OF QUESTIONS (IRCS)

- Irrelevant question

- Relevant question

- Control question

- Symptomatic Question

IRRELEVANT QUESTION

Irrelevant questions are essentially questions, which will give the examiner a truthful answer. The
expected answer of the subject is generally "Yes. The irrelevant question givees the examiner a good
idea how the subject reacts when beingtruthful.

Examples

ls your first name ODATNARAT?


Is today JULY 20, 2013

Is your last name OGAG?

Are you 30 years old?

RELEVANT QUESTION

- This question regards to those infomation

pertinent to the fact in issue of which the examiner wants a result.These are the questions that only the
subject only knows the truth about and is the reason for undergoing the test

SUB-CLASS:

- Strong- direct approach

- Weak - indirect approach (it may be

evidence connecting and Knowledge question)

Examples

- Strong Relevant Question

Did you kill Mr.Toimben?

- Weak Relevant Question

Did you assist in killing Mr. Toimben?

- Evidence connecting Question

ls the footprint taken at the crime scene yours ?

- Knowledge relevant Question

Do you know who killed Mr. Toimben?

CONTROL QUESTION

The control questions are questions on which all subjects will be potentially untruthful. They are used to
absorb any anxiety of a truthful subject and draw the attention away from the relevant questions. The
control questions are designed that they will draw a possible lie from the subject to items broadly
similar to the issue on hand. The reaction to the control questions will be compared to the
relevant questions in order to give a result.

SUB-Types of Control Question: (NCNI)

- Non-current Control Questions:

This control question is separated in time from the relevant issue with the use of a time bar, thus it is
considered an earlier-in-life (non-curent) control question.

Example (if subject is age 30): Between the ages of 18 and 25, do you remember ever stealing anything?

- Current Exclusive Control Question

It is not separated in time from the relevant issue with the use of a time bar however, this control
question excludes the specific crime or matter contained in the relevant questions.

Example: Not connected with the theft at city Market, did you ever steal anything?

- Non-Exclusive Control Question/Inclusive

Control Question

This control question is not separated in time from the relevant issue nor does it exclude the crime or
matter contained in the relevant question.

Example: Did you ever steal anything anywhere?

- Inside-Issue Control Question

This type of question designed to elicit a response from the innocent/truthful subject who is fearful that
an eror will be made on his/her test.

Example:

Are you afraid an error will be made on this test regarding the target issue?
Symptomatic Question

it is designed to determine whether the subject is truly convinced that the FP will not ask an unreviewed
question during the PV test. It is also designed to determine whether there is something else the subject
is afraid the FP will ask him/her even if the FP promised not to ask questions about outside issues. It is
used to detect and evaluate the presence of outside issues that may suppress responses to relevant
questions.

Examples: Are you fully convinced that I would not ask questions which were not reviewed? Are you
afraid that I would ask you questions not previously reviewed?

B.  POLYGRAPH TESTS

Under polygraph examination are the specific tests to be performed on the subject.  These were
specifically designed to elicit responses from the subject which is then subjected afterwards to
interpretation. The examination is usually composed of five sets namely (GC SMS)

TEST I - General Question Test (GQT) 

TEST Il - Card Test/Number Test /Verification Test (CT/NT/VT)

TEST Ill- Spot Responder‘s Test (SRT)

TEST IV - Mixed Question Test (MQT)

TEST V - Silent Answer Test (SAT)

GENERAL QUESTION TEST

These are sequence of relevant, irrelevant and control question asked in a designed order. The
questions are arranged in order to contrast the subject's responses between relevant questions and
control questions.

CARD TEST

The verification test is intended to assure the innocent examinee of the accurateness of the test and of
the TV

MIXED QUESTION TEST

The test is the same with Test Ill but questions of GQT is again mixed or rearranged.
SILENT ANSWER TEST

In this test the subject is instructed by the examiner to avoid from giving any verbal answer to the
questions that are to be asked of him during the test. The subject is instructed to pay attention to each
question and answer the question only to himself, silently. In short, the subject should “sub vocalize' his
answer, in addition he should think of the truthful answer and give that truthful answer silently to
himself.

SUPPLEMENTARY TEST

There are cases sometimes where in examination results are difficult to interpret as there may be some
distortion on the tracings of the subjects or the examiner is not fully convinced on the meaning of the
test responses of the subject. The following tests are resorted to in order to validate of supplement the
previous findings.

YES TEST- In cases where a distortion arises on the general question test, card or third test, the "yes"
test should be administered before the mixed question test. Control question is removed as a preventive
measure for the subject to avoid from being concerned over the control questions and having a
temptation to distort the polygraph record.

GUILT COMPLEX TEST- If the response in the previous test is doubtful, it becomes essential to conduct
additional test.This consists of a test concerning fabricated incident of a similar nature but one which
appears to be real in so far as the subject is concemed.

PEAK OF TENSION TEST

it is applicable when the subject was not informed by the investigator or any other person or the print
media of all the vital facts of the offense in question. The investigator prepares seven (7) questions in
which one of them has a specific bearing on the case under investigation. The specific question must
refer to several facts of the event that the subject doesn't know.

Example

1Q -Introductory phrase plus padding question-

Do you know whether the stolen watch of Jenny is a Citizen?

2Q- Padding - Is it a Seiko?


3Q - Padding - Is it a Rolex?

4Q - Padding -  Is it a Guess?

5Q - Padding - Is it a Gucci?

6Q - Padding - Is it a Timex?

7Q -Padding - Is it a Bulova?

STAGES OF POLYGRAPH EXAMINATION

in other jurisdictions, polygraph examination is comprised of only three stages namely: Pre-test, In-test
and Post-test however, under Philippine Jurisdiction, polygraph examination is comprised of the
foliowing: Preliminary Preparation, Pre-test, In-test/instrumerntation and Post-test.

PRELIMINARY PREPARATION

This includes the

following; (FAD-F)

- Obtaining and evaluating Facts

- Determining the Areas of the subject needed to be.asked.

- The investigator must furnish the examiner of the following Documents

Sworn Statement of Suspect/s, witnesses and victims, complaint, incident or spot report, Bl of the
suspect, witness.and victims, rough sketch or pictures of the crime scene and other facts, such as.

Examples

- Strong Relevant Question

Did you kill Mr.Toimben?

- Weak Relevant Question

Did you assist in killing Mr. Toimben?

- Evidence connecting Question

ls the footprint taken at the crime scene yours ?

- Knowledge relevant Question

Do you know who killed Mr. Toimben?


CONTROL QUESTION

The control questions are questions on which all subjects will be potentially untruthful. They are used to
absorb any anxiety of a truthful subject and draw the attention away from the relevant questions. The
control questions are designed that they will draw a possible lie from the subject to items broadly
similar to the issue on hand. The reaction to the control questions will be compared to the

relevant questions in order to give a result.

SUB-Types of Control Question: (NCNI)

- Non-current Control Questions:

This control question is separated in time from the relevant issue with the use of a time bar, thus it is
considered an earlier-in-life (non-curent) control question.

Example (if subject is age 30): Between the ages of 18 and 25, do you remember ever stealing anything?

- Current Exclusive Control Question

It is not separated in time from the relevant issue with the use of a time bar however, this control
question excludes the specific crime or matter contained in the relevant questions.

Example: Not connected with the theft at city Market, did you ever steal anything?

- Non-Exclusive Control Question/Inclusive

Control Question

This control question is not separated in time from the relevant issue nor does it exclude the crime or
matter contained in the relevant question.

Example: Did you ever steal anything anywhere?

- Inside-Issue Control Question

This type of question designed to elicit a response from the innocent/truthful subject who is fearful that
an eror will be made on his/her test.
Example:

Are you afraid an error will be made on this test regarding the target issue?

Symptomatic Question

it is designed to determine whether the subject is truly convinced that the FP will not ask an unreviewed
question during the PV test. It is also designed to determine whether there is something else the subject
is afraid the FP will ask him/her even if the FP promised not to ask questions about outside issues. It is
used to detect and evaluate the presence of outside issues that may suppress responses to relevant
questions.

Examples: Are you fully convinced that I would not ask questions which were not reviewed? Are you
afraid that I would ask you questions not previously reviewed?

B.  POLYGRAPH TESTS

Under polygraph examination are the specific tests to be performed on the subject.  These were
specifically designed to elicit responses from the subject which is then subjected afterwards to
interpretation. The examination is usually composed of five sets namely (GC SMS)

TEST I - General Question Test (GQT) 

TEST Il - Card Test/Number Test /Verification Test (CT/NT/VT)

TEST Ill- Spot Responder‘s Test (SRT)

TEST IV - Mixed Question Test (MQT)

TEST V - Silent Answer Test (SAT)

GENERAL QUESTION TEST

These are sequence of relevant, irrelevant and control question asked in a designed order. The
questions are arranged in order to contrast the subject's responses between relevant questions and
control questions.

CARD TEST
The verification test is intended to assure the innocent examinee of the accurateness of the test and of
the competency of the potygraphist. It further serves to arouse the guilty examinee. It contains 7
CARDS. Numbers 7. 11. 6, 9, 13 NOT ALLOWED.

SPOT RESPONDERS TEST

This test contains question previously asked in General Question Test (GQT) with the same number of
the same question.

MIXED QUESTION TEST

The test is the same with Test Ill but questions of GQT is again mixed or rearranged.

SILENT ANSWER TEST

In this test the subject is instructed by the examiner to avoid from giving any verbal answer to the
questions that are to be asked of him during the test. The subject is instructed to pay attention to each
question and answer the question only to himself, silently. In short, the subject should “sub vocalize' his
answer, in addition he should think of the truthful answer and give that truthful answer silently to
himself.

SUPPLEMENTARY TEST

There are cases sometimes where in examination results are difficult to interpret as there may be some
distortion on the tracings of the subjects or the examiner is not fully convinced on the meaning of the
test responses of the subject. The following tests are resorted to in order to validate of supplement the
previous findings.

YES TEST- In cases where a distortion arises on the general question test, card or third test, the "yes"
test should be administered before the mixed question test. Control question is removed as a preventive
measure for the subject to avoid from being concerned over the control questions and having a
temptation to distort the polygraph record.

GUILT COMPLEX TEST- If the response in the previous test is doubtful, it becomes essential to conduct
additional test.This consists of a test concerning fabricated incident of a similar nature but one which
appears to be real in so far as the subject is concemed.

PEAK OF TENSION TEST


it is applicable when the subject was not informed by the investigator or any other person or the print
media of all the vital facts of the offense in question. The investigator prepares seven (7) questions in
which one of them has a specific bearing on the case under investigation. The specific question must
refer to several facts of the event that the subject doesn't know.

Example

1Q -Introductory phrase plus padding question-

Do you know whether the stolen watch of Jenny is a Citizen?

2Q- Padding - Is it a Seiko?

3Q - Padding - Is it a Rolex?

4Q - Padding -  Is it a Guess?

5Q - Padding - Is it a Gucci?

6Q - Padding - Is it a Timex?

7Q -Padding - Is it a Bulova?

STAGES OF POLYGRAPH EXAMINATION

in other jurisdictions, polygraph examination is comprised of only three stages namely: Pre-test, In-test
and Post-test however, under Philippine Jurisdiction, polygraph examination is comprised of the
foliowing: Preliminary Preparation, Pre-test, In-test/instrumerntation and Post-test.

PRELIMINARY PREPARATION

This includes the

following; (FAD-F)

- Obtaining and evaluating Facts

- Determining the Areas of the subject needed to be.asked.

- The investigator must furnish the examiner of the following Documents

Sworn Statement of Suspect/s, witnesses and victims, complaint, incident or spot report, Bl of the
suspect, witness.and victims, rough sketch or pictures of the crime scene and other facts, such as.

✓ Specific articles exact amount of moneystolen


✓ Peculiar aspect of the offense or any strange Out

✓The exact time, date and place of the offense was committed

✓Known facts about the Suspect's movement

✓The facts indicates any connection between the suspects,

✓victims and witness

✓Exact type of weapon, tolls or fireams used ✓Results of the other laboratory test ✓Unpublished facts
of the offense known only by the victim, suspect's and the investigator on case

-This may include other technical preparations such as question Formulation and checking of the
functionality of the machine.

PRE-TEST INTERVIEW

- The examiner’s interview with the subject prior to the test is of considerable importance both for the
purpose of conditioning the subject for examination and also to provoke and obsere indications of guilt
or innocent which are often forthcoming.

- The primarily purposes of the pre-test interview is to prepare the subject for the test.

- This stage involves the following: (CASPI) ✓Obtain subject's Consent to undergo polygraph test.

✓The Appraisal of subject’s constitutional rights.

✓Determine his/her Suitability as a subject ✓Evaluating the Psychological preparation ✓The taking of
the Personal data of the subject Informing the subject of his involvement with the case.

INSTRUMENTATION/lN-TEST (CAT)

The stage wherein the Polygram are Collected. After Pre-test interview the examiner should proceed to
place the Attachment of polygraph components to the subject such as the Pneumograph, Cardio-
sphygmograph, and Galvanograph components.

  Before actual examination, Test instruction must be given to the subject that any movement of the
body of the subject during the test will affect the tracing results on the chart paper and the answer of
the subject to all of the questions is limited to Yes or No, in order to avoid distortion on tracing
POST-TEST QUESTIONING

- This phase includes considerations that stand on the examination just after the instrument is turned
off.

- If the polygraph test indicates deception the examiner will then proceed to conduct short
interrogation. The purpose of which is to obtain confession.

- However, if the polygraph indicates the subject is innocent, the examiner just releases the subject
cordially and thank for his cooperation.

FORMS OF POST-TEST QUESTIONING

a. Post test interview

b. Post test interrogation

WHEN IS THE POST TEST INTERVIEW APPLIED?

- The last stage of polygraph testing if the subject is a witness who appears to be truthful during the
examination proceeding.

- It could also be the last phase of the test even if the subject is a suspect. Provided that the subject's
chart does not exhibit strong criteria of deception.

WHEN IS POST TEST INTERROGATION APPLIED?

- The last phase of polygraph testing if the subject appears to be deceptive during the test.

-  It is applied when the PE/FP is convinced that the subject is a deceptive or is holding criminal
Information significant in solving the case.

PURPOSE:

- To secure a confession from a deceptive subject

- If unable to get confession, it is used to secure an admission.

THE POLYGRAPH ROOM

   For a more conclusive result of the PE, the room where the examination to be conducted must
conform to the following requisites: (SOLVeNS-M)
- It must be Spacious for two persons

- It must have One way mirror (adjacent observation room)

- It must be well Lighted

- It must be well Ventilated

- It must not be decorated

- It must be 90 percent sound proof

-Preferably, a concealed Microphone and a video recorder are installed.

SUITABILITY OF THE SUBJECT FOR EXAMINATION ( G- Not-SHlP-SADNISM)

-The subject must have a good sleep prior to the test at least five hours.

-The subject must  not be Sexually abused.

- The subject must not be hungry

- The subject must not be interrogated for a prolonged period prior to the test.

- The subject must be free from any Physical abuse.

-The subject must refrain from the use of sedatives, Alcohol, prohibited Drugs and other cold syrups or
capsules for at least 12 hours prior to the test.

- The subject must not highly and emotionally nervous.

-The subject must not be suffering from any temporary illness such as: fever, severe cold and cough,
allergy. stomachache, toothache, open wound and the like.

- The subject must refrain from smoking for at least two hours prior to the test.

- The female subject must be free from Menstrual cycle.

The following persons should not submit to a polygraph examination:

- A person who is being forced to do so;

- A person who suffers from a serious heart condition, unless he or she has obtained prior written
permission from a physician to do so;

- A pregnant woman, unless she has obtained prior written permission from a physician to do so;

- A person judged to be mentally incompetent;


- A person who suffers from a severe nervous condition; '

- A person who suffers from a severe respiratory illness;

- quadriplegic;

- A person who has a bad cold;

- A person who is in extreme pain at the time of the polygraph examination; Examples: migrain,
toothache, recent injury, etc.

- A person who feels extremely fatigued.

RIGHTS OF THE SUBJECT

1. He has the right to remain silent

2. He has the right to have a competent and independent Counsel preferably of his own choice.

3. He has the right against self-incrimination.

4. He has the right to refuse; anything he can say can be used as evidence in favor or against him in any
Court of Justice in the Philippines.

LIMITATIONS 'OF POLYGRAPH (SAD-CREEVEU)

The use of polygraph in criminal investigation or judicial proceedings Is governed by the following
restrictions:

- It Is never a substitute for an investigation but an invaluable investigative Aid.

- It is not only a lie detector but also a scientifIc diagnostic instrument. it does not determine facts but it
is diagnose reaction.

- It is accurate as the examiner is competent.

- lt Record response which the subject knows to be true

- The test will not be given until Enough facts of the case have been established to permit as examiner to
prepare a complete set of suitable questions.

- Test will not be given until the accusations have been explained to the subject.

- A test will not be given without voluntary consent of the subject. No indication will be given to any
person or place in any report that a person will be considered guilty because he refuse to take the test. -
No attempt to use polygraph for mental or physical Evaluation of any person.
- No examination can be conducted to an Unfit Subject.

CHART MARKING

Through the proper use of test graph marking will be able to evaluate the result of polygraph chart and
without marking it is impossible to evaluate the chart or to arrive at any conclusion

The tracing have no meaning unless you what

Occurred at its point throughout the chart. Standardized chart even do were not present when the chart
ran could still evaluated by examiner.

Chart Markings Symbols and Signs

Symbol-Interpretation

X- Beginning of test

//- Stimulus mark

+ - yes

--- - No

No sign - No answer

T - Talk

Ti - Talking instruction

C - Coughing

M - Movement

Arrow ( up/down) - Mechanical Adjustment

CT - Clearing of Throat

OSN - Outside Noise

S - Sigh

SZ - Sneeze

B - Burp

Y - Yawn
DB - Deep Breathing

Bi - Breathing Instruction

R - Repeating the question

PJ - Paper Jump

Xx - End of test

CHART INTERPRETATION

   The process of reading or deciphering the meaning of the recorded psycho-physiological responses of
the subject as recorded by the polygraph.

CARDINAL RULE IN CHART INTERPRETATION

- There must be a specific response; it must form DEVIATION from the norm of the subject.

- It must appear in at least wo or more chart. The best indications of deception are the simultaneous
appearance of specific responses in the Pneumograph, Cardio-sphygmograph, and

Galvanograph tracing on the chart.

* The accuracy of instrumental detection of deception is dependent upon the examiner ability to
diagnose truth or deception by reading and interpreting the chart***

THEORY OF POLYGRAPH EXAMINATION

When a mentally normal person tells a lie, physiological changes occur within

his her body that could be recorded by

CHART PROBING

  The process of presenting the Polygram to the subject in order to ascertain what is the subject's feeling
when he/she is asked with a particular question. This will help the examiner in providing positive
conclusion. This is to be done in every after specific polygraph test

LEGAL CONSIDERATIONS
IN POLYGRAPH EXAMINATION

As to Validity of the Polygraph Test

     Use of the polygraph or any other scientific tool or technique in a forensic setting, wherein the rights
of individuals are involved, should be based on the demonstrated validity and reliability of the
technique. With respect to polygraph, the question is whether the polygraph examiner is consistently
able to detect deception.

There are obvious problems in trying to conduct research to detemine the validity and reliability of the
polygraph.

difficult to simulate the

• First, it is very psychophysiological reactions of a criminal suspect in a laboratory study or mock crime
situation. The same elements of fear and motivation that would be acting on suspects in an actual crime
are just not

present.

• Second, it is difficult to detemine validity and

reliability by studying polygraph results in actual criminal cases the complete truth regarding the crime
and its perpetrators is generally unavailable and conclusions reached by polygraph examiners are
normally not subject to full confimation.

Admissibility of the Test Result

  The polygraph examiners opinion, analysis and interpretation of the test chart generally are not
acceptable as evidence particularly if  as individual agreed to the rest.

  Polygraph and expertise testimony relating thereto can be admissible upon stipulation to corroborate
with other evidences of a defendants participation in crime charged or to corroborate to impeach of his
testimony under the following conditions

a. The counsel of both parties and the subject all have sign written stipulation providing for his
admission to the graph and examiner's opinion thereon in behalf or either the defendant or the state

b. That the admissibility of test result is Subject to the discretion of the trial judge, if the trial judge is not
convinced that the examiner is not qualify or the test was conducted under improper condition, the
Judge may refuse to accept such as

evidences.
c. That if the result and the examiner's

opinion are offered in evidence, the opposing party shall have the right to cross examine the examiner
respecting the following:

1. The examiner qualification and training.

2. The condition under which the test is

administered.

3. At the discretion of the trial judge, any

other matter deem pertinent to the inquiry.

4. The limitation and possibilities for error

in the technique.

5. That if such evidence as admitted the

examiner testimony do not tend to prove any element of the crime that which a defendant is charge.
That test is only to indicate that at the time of the examination subject was not telling the truth. It is the
trial judge who will determine the weight and effect of such testimony.

JURISPRUDENCE RELATED TO ADMISSIBILITY OF POLYGRAPH RESULT IN EVIDENCE

FRYE STANDARD (Frye vs. United States)

- The first appellate court decision upon the admissibility of the results of a deception test which was
rendered in 1923 by the U.S. federal court. In this case, the accused offered as evidence the results of a
Marston systolic

blood pressure test.

- The trial court refused to permt Dr. Marston to testify conceming his results, and upon appeal this
ruling was

affirmed.

- The court ruled that "The thing from which any expert testimony is deduced must be "sufficiently
established to have gained general acceptance in the particular field

in which it belongs."

STATE vs. BOHNER (Wisconsin Supreme Court)

- In this case, defense counsel offered to prove that the results of a polygraph examination established
the truthfulness of the defendant's alibi to a robbery
charge, which offer the trial court refused.

- Upon appeal the Wisconsin Supreme Court sustained the trial court's ruling and held that although the
polygraph technique may have some utility at present, or may ultimately be of great value in the
administration of justice a too hasty acceptance of it during this stage of its development may bring
complications and abuses that will overbalance whatever utility it may be assumed to have.

PEOPLE vs. KENNY (New York Trial Court, 1983)

-  A case regarding the admissibility of the results of tests conducted with a galvanic skin reflex recorder.

-  In this case, the defendant offered in evidence the testimony of the late Father Summers of Fordham
University regarding the results of a test conducted with a galvanometer. Over the objection of the
prosecuting attorney, the trial court admitted the evidence and permitted the jury to consider the
witness opinion as to the defendant’s innocence or guilt. The court in the Kenny case apparentty
believed by means of pathometer 100 percent efficient.

PEOPLE vs. FORTE (New York Court of Appeals)

- Another case congruent on that of the Kenny case regarding Galvanometer.

-  In this case, the defendant requested the court’s permission to be tested on the same instrument and
by the same/ examiner as in the Kenny case. This request was denied on the ground that despite the
view taken by the court in the Kenny case, the validity of such a test has not been sufficiently well
established to warrant its judicial acceptance. Upon appeal, the trial court’s ruling was affirmed by the
New York Court of Appeals.

REID vs. STATE (Indiana Supreme Court, 1972)

- Indiana Supreme Court sustained the admissibility of Polygraph Test Results for the purpose of
rebutting the defendant’s testimony, but it did so upon the basis of a “waiver” concept, because the
defendant’s testimony had filed a pre-trial petition for an order permitting him to submit to a polygraph
examination.

UNITED STATES vs. RIDLING

- Judge Charles W. Jeiner of the District Court of Michigan admits or sustained the admissibility of the
Polygraph Results as evidence. He also stated that in order that the Polygraph Results may be admitted
as an evidence, it must passed thereof the two essential requisites/grounds;

a. If a subject agrees to take a Polygraph Test after being aware of his privilege to refuse (following the
Miranda warnings, where required), he waives his privilege.
b. There can be no coercion at the time the Test is taken if it is to be a valid test.

In the Philippines, in People of the Philippines Vs. Amado Daniel alias “Amado Ato” accused-appellant
(86 SCRA 511-541), the Supreme Court quoted that; “The efficacy of the Polygraph depends upon the
time, place and the circumstances when taken and the nature of the Subject”.

Other criminal cases in the Philippines that involve the use of polygraph examination results are the
following:

1. People of the Philippines vs. Amado Daniel alias Amado Ato (Supreme Court Reports Annotated
(SCRA). Vol 86, pp. 511-541. (Rape)

2. People of the Philippines vs. Danilo J. Bajas (Cri'minal Case No. 92-7817 at the RTC of Makati Branch
146 MM). (Illegal Possession of Firearm).

3. Judith Asilo vs. Melanie M. Spores; Virginia L. Sporas and Elena Falzon. (Criminal Case No. 94 - 6985 'at
the RTC of Makati Branch 146 MM) (Estafa)

Civil cases involving results of polygraph examination are included in the following civil cases:

1. Crisencia Isaguirre vs. Elvira lsaguirre, et. al. (Civil case No. 58092 filed in the RTC of Pasig Branch 162
MM)

2. Jesusa Reyes and Conrado B. Reyes vs. Bank of the Philippine Islands (BPI). (Criminal case No. 91-3453
in the RTC of Pasig Branch 142 MM)

REASONS FOR THE INADMISSIBILITY TO THE COURT OF THE RESULT OF POLYGRAPH EXAMINATION
(EQVET)

1. The polygraph techniques are still in the Experimental stage and have not received the degree of
standardization of acceptance among scientist.

In a series of decisions of the state supreme courts in the United States (Frye vs. US, State vs. Bohner,
etc.), non admissibility of the lie detector test was uniformly ruled. The common reason given was that,
according to physiological and psychological authorities, the test has not gained a degree of
development beyond the experimental stage. Until it is established that reasonable certainty follows
from such a test, it would be an error to admit the results as evidence. The

test is useful in the investigation of a crime but it has no place in the courtroom.

2. There is no way to assure that a Qualified examiner administered the test. The polygraph is capable of
a high degree of accuracy only when conducted under controlled conditions by an examiner who is
highly qualified due to his ability, experience, education, and integrity.

The important areas that may affect the accuracy of the reported test result would be: (TEOT) (1) his
polygraphy Training (2) the extent of his Experience with respect to the years and number of tests he
has conducted, (3) the Operation of the polygraphy instrument itself (4) the accuracy of the polygraph
Technique. In addition, special consideration should be given to the number of tests and the number of
questions asked during the test.

3. Since the polygraph involves a certain unconscious quality of the examinee, he may unwittingly waive
his or her right against self-incrimination. It becomes necessary to determine the scope of the
defendant's waiver if he Voluntarily submits to the test.

4. The test itself cannot be relied upon because it has many Errors

5. The Trier of fact is apt to give almost conclusive weight to the polygraph expert's opinion.

In summary, the result of polygraph examination is not admissible in the Philippine Courts as evidence

1. Polygraph examination is not yet standardized as to the qualifications of the polygraph examiner

2.Polygraph examination is not yet standardized as to testing procedue

3. Polygraph is not yet standardized as to instrumentation.

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