1

LIE DETECTION
TECHNIQUES

COURSE OUTLINE WITH STUDY GUIDE

LESSON 1 ACTIVITY SCORE

 Definition of terms  Pre-

 Historical assessment
Background of
polygraph from  Recitation 10pts
ancient to modern
 Short quiz 10pts

LESSON II
 Psychology of lying  Short Quiz 10pts
 Physiological  Graded 10pts
responses of lying interaction
 Practical way of
detecting lies

LESSON III
 Polygraph
instrument  Demonstratio 15pts
 Analog polygraph n and
machine illustration
 Computerized
polygraph
 Mechanics of
polygraph
instrument
 Homework 10pts
 Short Quiz 10pts
 LESSON IV
 Related Laws  Graded 10pts
 Salient points of recitation
RA s 7843  Summative 40pts
9745 test
 Uses of polygraphy  Preliminary 75 pts
 Crime exam
solution
 Employmen
t screening

Total
Assgn/recitation Quizzes participation Prelim exam
65 pts-25% 100pts -25% 100pts- 10% 75pts-40%

Module 1
INTRODUCTION
The modern investigators today have numerous technical investigative aids available
to assist them in their quest for the facts of a crime incident. One of these is polygraph.
As a future investigator, to obtain the greatest value from the polygraph, you should
know how to explore and exert effort to understand and apply the different aspects of
scientific method of detecting deception through research and intensive study with the
proper guidance of the facilitator.

Learning Objectives
At the end of this Module 1, the student will be able to:
Understand the different terminologies used in this subject.
 Have a comparative analysis from ancient to modern lie detection.
Have a deeper understanding on the psychological aspect of lying
Know and respect the legal rights of subject/suspects under polygraph examination.
Have broader knowledge on the significant uses of polygraph test.

Directions/Module Organizer

1. You should need to read the lessons one by one without skipping any of them.
One lesson is the continuation of the next lesson. For some parts that need further
explanation, you need to search for further understanding.

2. You should take an assessment and evaluation techniques before and the end of
each lesson through quizzes, reaction paper, assignments, and periodical exams. Advance
review to this subject is required.
3. You also have other requirements like attendance to meetings on both ODL/face
to face classes, active interaction and your prompt submission of all the herein enumerated
activities.

Lesson 1

Lying is a common occurrence in man’s daily life. However, when a person tells a lie,
he will experience some inner sensation that often he may not be aware of it. In our
personal experience, we sometimes detect a lying person by observing their facial
expression, postural and their general conduct and behaviour. They can control the
emotional disturbance produce by lying because of this idea was conceived deception
scientifically by obtaining recordings of the physiological phenomena such as blood
pressure, pulse rate, respiration and changes in skin resistance, otherwise known as electro
dermal response; hence, the definition of terms for further understanding.
I. DEFINITION OF TERMS
 POLYGRAPHY - is a scientific method of detecting truth or deception using
Polygraph machine. Polygraph testing is often used to confirm or exonerate person’s
involvement in any suspected activity or wrongdoing. In the absence of any other
corroborative evidence, this of great significance
 POLYGRAPH – Compose of two words “poly” which means “many” and “graph”
which means “writing chart”. It is defined as a scientific instrument purposely
designed to record psycho-physiological changes that occur within the body
especially lying when question. This not an electrical an electrical device that detects
lies or truth, but is an instrument use to determine whether or not statements made
by the subject taking the test are deceptive.
 DETECTION – is the act of discovering the existence, presence, or facts of
something hidden.
 FEAR – is the emotional response to specific danger that appears to be potentially
beyond a person’s defensive power.
 STIMULUS – is a force or motion reaching the organism from the environment and
excites the receptor.
 DECEPTION – an act of deceiving or misleading usually accomplished by lying.
 RESPONSE – is any activity or inhibition of previous activity of an organism or of an
effector (muscle or gland) or part of the organism resulting from stimulus.
 REACTION – is any activity aroused in an organism by a stimulus. It is an action
evoke by an external influence.
 SPECIFIC RESPONSE – any deviation (change) from the subject’s normal tracing.
 LYING – is the uttering or conveying falsehood or creating a false or misleading
impression with the intention of affecting wrongfully the acts, opinion, or affection of
another. It may be accomplished:
- acts, feigns, ruses or other means by which man may be able to get desired result
through marks and symbols.
-verbal terms spoken by the mouth
 EMOTION – meaning to stir up, agitate or move. It is an agitation, disturbance or
tumultuous physical or social movement constituting a departure from the usual calm
state of the organism as include strong feelings, an impulse to overt action and
internal bodily changes in respiration, circulation, or glandular action.
  NORMAL TRACING – a tracing wherein no question is asked, or irrelevant question
is asked to the subject.
 POLYGRAPH CHART – the composite record of pneumograph,
cardiosphygmograph and galvanograph tracing from series of questions
 INTERROGATION –is the questioning of a person suspected of having committed
an offense or of a crime who is reluctant to full disclosure of information in his
possession which is pertinent to the investigation.
 CONFESSION – it is the declaration of an accused expressly acknowledging his guilt
of the offense charged.

ANCIENT METHODS OF DETECTING DECEPTION

From the days of Christ through the Middle Ages, man attempted to fetter out our lies
using “The Ordeal”. This technique, in many instances was not based on any peculiar
insights into the psychological process underlying the awareness of guilt but rather it
emanated from superstitious and religious faith. Religion and superstition retained such a
hold on the senses of the people that frequently, when charged with offense, they asked for
the ordeal to prove their innocence. They implicate in its powers.
The ancient tribes of India used the “the Red-Hot Iron Ordeal”. An accused man was
required to prove his innocence by having a red-hot iron applied to his tongue nine (9)
times. If at any time the iron applied to his tongue nine (9) times. If at any time the iron
burned his tongue, the man was adjudged “guilty”.
The Chinese required a suspect to retain a handful of rice in his mouth for a given
time. He was then told to spit it out. If the rice was found to be dry, the man executed. The
two ordeals just described were, no doubt, based on superstition. Modern science and
observation teach us that in both instance the dryness of the mouth was caused fear. We
suspect that many innocent men were put to death as the result of these ordeals.
The Middle Ages in Western Europe followed by the dark times of Inquisition, used
methods not to be proud of hot irons, iron maiden, the wheel burning at the stake, dunking,
etc. Ironically, they have proven to be least effective.
 OTHER ANCIENT ORDEALS

Ordeals – are primitive ways of determining the guilty and innocent. Ordeal is synonymous
with Trial, Judicium Dei and test.
Ordeal is believed to have a supernatural power to intervene and helps the innocent and
condemns the guilty.
Some ordeals were recorded in the book of Dr. Hans Gross, entitled “Criminal
Investigation.”
The Ayur-Veda
Is a Hindu book of health and sciences that is believed to be the earliest
reference of the ordeals or methods of detecting deception as adopted by several
countries in the world specially Europe? It is also believed to be the basis in the
creation of a polygraph machine.
Combat Ordeal (India)
The accused and victim shall fight. The accused and/or victim may hire
another to fight in place of them. The loser shall be the Guilty.
In England, King Henry III abolished all ordeals except Combat Ordeal. This was put
to Novel and later, a movie entitled “Ivanhoe.”
.
Balance Ordeal (Institute of Vishnu, India)
This practice of testing the veracity of the accused by placing him on the
scale of a balance, this ordeal was originated from India.

On the ends of the balance are the accused and a counterbalance.

The accused shall be required to step down and listens to the reading of the
accusation, and then he shall be required again to go back to the other end of the
balance. If he was found HEAVIER – he is Guilty.

Water Ordeal (Modern Africa)

Kinds:
1. Boiling water Ordeal
As testfor deception for deception this ordeal was used in Africa. (A fire was built and
on it settled a huge pot of water. After boiling it furiously, smaller pot cold water was placed
near the boiling pot, and when the water was turning over in huge rolls, the test began. The
accused was told to plunge his right arm into the boiling pot to the elbow, the accused was
then instructed to the next afternoon. If the accused lost some skin showed blisters, he
would adjudge guilty of a crime.
2. Cold water Ordeal – the accused’s feet and hands shall be tied and will be thrown in a body
of water. If his physical body knot is dry-Guilty.
Rice Chewing Ordeal (India)
Accused will be given Sathee Rice to chew/eat. The accused will be required to spit
and show open mouth. If the saliva is bloody or the mouth walls swell-Guilty.
Donkey’s Tail Ordeal
A Psychological theory with the use of a donkey (represents the accused). The
donkey shall be placed in a room alone.
If the donkey cried or sounds off, the accused is Guilty.
Red Water Ordeal (Eastern Africa)
The accused shall be required NOT to eat (fasting) for 12 Hrs. After which, he will
swallow small amount of rice followed by an emetic red water which was specially
extracted from “Sassy Bark Tree.”If the accused vomits, accused is Guilty.
Tangena Ordeal (Madagascar – Island country in the Indian Ocean)
The accused will be given a poisonous drink called “Tangena,” a strong poison is
fatal.
If the accused dies immediately – he is Guilty.
Corsnead Ordeal (Blessed Bread Ordeal)
Hallowed bread which is imprecated (cursed) shall be given to the accused to eat.
If the accused swallowed the bread, he shall be Guilty.
Eucharist Ordeal
The accused (mostly clergy and monks) shall be given drinks (with
decoction/poison).
If the accused dies – he is Guilty.
If innocent, Angel Gabriel will come from heaven and prevents the accused in
drinking the poison.
Bier Ordeal (Ancient England)
The accused will be required to go and stand near/beside the dead person (victim).
If the wound of the dead person (victim) oozes with blood, the person standing near
the corpse is Guilty.
Red Hot Needle Ordeal (Wanaka, Eastern Africa)
The accused’s lower lip will be pierced with hot needle.
If after piercing, the wound produces blood, the accused is Guilty.
Heat and Fire Ordeal
The accused will be mandated to walk on fire/hot charcoals.
If accused is INJURED - he is Guilty.
Cross Ordeal
The accused and accuser shall be placed to physical test of extending hands under
a cross.
 The first to move or falls is Guilty.
Waxen Shirt Ordeal
The accused will be clothed covered with wax and will be required to walk over a Fire
or Hot charcoals. If wax on the clothing MELTS, accused is Guilty.
Hereditary Sieve Method Ordeal
This applies to thieves. Dried bean seeds will be thrown on a Sieve.
If the thrown seed, WENT OUT from the sieve, the accused will be adjudged Guilty.
Tiger Ordeal (Siam – now Thailand)
The accused and accuser will be placed inside a Tiger’s Cage.
The person to be harmed or eaten by the tiger is the one Guilty (if accused).
Candle Ordeal (Burma – now Myanmar)
The accused and accuser will be given equally-sized candles and are simultaneously
lighted.
First to fully melt the candle – he is deemed Guilty of a crime.
Shellfish Ordeal (Borneo)
The accused and accuser will be represented by two live shellfishes which are put on
a plate. An irritating fluid shall be poured over the two fishes. The first fish
representative to move is Guilty.
Suspended Axe Ordeal (Ancient Greece)
An elder of the community will be using axe to be spun in the center of suspects.
The person pointed by the blade of the axe is Guilty, thus, shall be put to death using
the axe.
Cock’s Feather Ordeal (Ancient Nigeria)
A priest will use a cock’s feather to be pierced in the tongue of the accused. If the
feather hardly penetrates the tongue, the accused is Guilty.
Corrosive Ordeal (Ancient Nigeria)
A priest will pour a corrosive substance over the eyes of the accused. If the accused
became blind, he is Guilty.
From these ancient records until today, many techniques and methods have been
invented and tried to ascertain truth and lie, deception or non-deception, right or wrong.
Sometimes based upon pure psychological methods, sometimes, purely mechanical,
sometimes a combination of both, they all come down to the basic need of knowing the real
facts.
 famous English heart specialist. He first described the instrument in the
article entitled “The Ink Polygraph” which appeared in a 1908 number of a
British Medical Journal. Its invention, however, was not for lie-detection
purpose but for medical researches and polygraphs specifically in the inking
system, chart-driving and pen conglomerating simultaneous operating
system and the pen cantering adjustment system. “Ink Polygraph” This
was used to monitor cardiovascular responses by measuring pulse and blood
pressure.

 The Father of Modern Criminology became the first person to use science as
a method of detecting deception in the year 1895.

Cesare Lombroso became the first person to use science as a method of

detecting deception.
 In 1895, Cesare Lombroso M.D., an Italian criminologist, published the
second edition of L’Homme Criminal. It documents his use of a
plethysmograph and sphygmomanometer during the interrogation of criminal
suspects; used HYDROSPHYGMOGRAPH for detecting deception. The first
person to utilize an instrument for the purpose of detecting lie, through
BLOOD PRESSURE.
 Vittorio Benussi

 In 1914, Vittorio Benussi used pneumatic tubing to study an individual’s

breathing rates. The device wrapped around the person’s chest and
measured depth and rate of breath.
 1914: Conducted experiments using the pneumograph for the detection of
deception. Noted that the inspiration-expiration ratio changed during
deception. His theory was that if the length of expiration, the ratio would be
greater before truth telling than afterwards, and greater after lying than
before lying; He considered the Respiration Changes as symptoms of
deception.

 1918: Partially confirmed the result obtained by Benussi that deceit could be
detected in patterns of respiratory inhibition; Indian began the use of
polygraph examinations in 1948 after an Inspector of the CID completed
training in a U.S. polygraph school; He considered the respiratory method of
less diagnostic value than the blood pressure. Agreed the results obtained
by Benussi.
 A medical student at the University of California at Berkeley, invented the
polygraph in 1921. The device record both blood pressure and galvanic skin
response. Further work on this device was done by Leonarde Keeler.
 He constructed the instrument capable of continuously recording all
the phenomena such as blood pressure, pulse and respiration. In the year
1921. He also was the first to use more than one recording to detect
deception.

 An American psychologist and the creator of the systolic blood pressure test,
which became one component of the modern polygraph invented by John
Augustus Larson in Berkeley, California.

 An American attorney and psychologist, is credited with inventing an early

form of the lie detector when, in 1915, he developed the discontinuous
systolic blood pressure test which would later become one component of the
modern polygraph.
 an American who used blood pressure to examine German prisoners of war.
 He used SPHYGMOMANOMETER attach to blood pressure. He recorded
the respiration noted through the time when the subject’s response verbally.
He used also GALVANOMETER to record the skin resistance changes and a gripping
device to record tension.
 the present authors, He then devised an instrument as Reid Polygraph. In
the year 1945 he introduced a completely revised polygraph technique, the
most significant feature of which was the utilization of a control question
known as the Reid control question technique.
 In 1948, developed a device which recorded muscular activity accompanying
changes in blood pressure. He claimed greater accuracy could be obtained
by making the recordings simultaneously with standard blood pressure,
pulse, and respiration recording.
 The Polygraph was first introduced to the Philippines in 1945 by the Crime
Laboratory of the Military Police. The Crime Laboratory sent several people
including Mr. Jose Navarro and Conrado Dumlao to the U.S for polygraph
training. In 1950 the National Bureau Investigation sent Mr. Agustin Patricio
to train at the keeler Polygraph Institute.
 Lawyer Manuel C. Roura also trained their after he succeeded Mr. Patricio
as chief of the Polygraph Division of the NBI Crime Lab Personnel trained in
Polygraph were Ernesto Lucena, Ms. Tessie Logan and Artemio Panganiban
Jr.

OTHER RELATED HISTORICAL CONTRIBUTIONS

Dr. Hans Gross (father of Criminalistics) said:

The search for truth is the basis and goal of criminal investigation.
A large part of criminal work is nothing more than a battle of lies.

Hogan (a famous book writer) cites:

 “Investigation is a battle of lies against lies”
As time pass by, men are striving to find ways how to detect lies.
To some countries, used Ordeals/Trials in which judgment is made by
Supernatural God. But as time pass by, some people studied those bodily
responses maybe used as bases in lie detection. Others studied those
physical reactions may serve as bases of lie detection.

Development of CardioSphygmograph

1. Angelo Mosso (1895) – studied fear and influence to the heart. He developed the
sphymomanometer and scientific cradle, used in measuring the flow of blood while
person is in prone position.
2. Cesare Lombroso (1836-1909) – invented hydro-sphymograph (Lombroso’s Glove) that
measures changes in pulse and BP. He was the first person to employ scientific
instrument for lie detection.
3. William Moulton Marston (1915) - Studied Sphygmomanometer and became the father
of modern polygraphy.

He dealt with the following:

 Studied and researched on Sphygmomanometer
 Experimented on galvanometer and sphygmomanometer
 Studied Respiration
4. Dr. John Augustus Larson (1921)
o he was one among those who developed sphygmomanometer (known by
press in America as sphyggy).
o He developed the work of Marston (blood pressure), he added pulse,
respiration and skin conductivity.
o Margaret Taylor (wife of Larson). She was a victim of College Hall Case and
was the first person to be interrogated with the use of polygraph.
5.Leonarde Keeler
1. Inventor of Keeler Polygraph, which was an improved version of Larson’s apparatus.
2. Credited with introducing the “Card Test”
3. Specialized in “Peak of Tension Test”.
Keeler Polygraph records:
a. Blood pressure
b. Pulse rate
c. Respiration changes
 Development of Pneumograph

1.Vittorio Benussi (1914) – he detected deception with the use of Pneumograph that
measure Inhalation and Exhalation (Respiration Male 10-23/min; Female 11-
25/min)
2. Harold Burtt (1918) – He found out that Changes in Systolic Pressure is of greater value
than Changes in Respiration. (Pulse 60-120 beat/min).

Development of Galvanograph

1. Luigi Galvani (1791) – he developed the Galvanometer which he called it Galvanic Skin
Reflex (GSR) which records electrical bodily resistance.
2. Sticker (1897) – he theorized that GSR is influenced by existing mental impressions of a
person.
3. Veraguth (1907) – he was the first to use the term “Psychogalvanic Skin Reflex).

Development of Questioning Technique

1. Leonarde Keeler (1942) – developed the “Relevant-irrelevant Test”
2. John E. Reid (1950) – developed the Reviewed Control Question consisting of known lie
incorporated to the relevant-irrelevant test. He also discovered the “Guilt-Complex test”
administered to the overly responsive subjects.
3. Cleve Backster (1960) – developed the Backster Zone Comparison Test.

Early Publications on Polygraph

1. James Mackenzie (1906) – A heart specialist who described polygraph in his article entitled
“The Ink Polygraph” which appeared in the British Medical Journal in 1908.
2. Vittorio Benussi (1913) - presented a paper on Respiratory Symptoms of Lying before the
Italian Society for Psychology in Rome.
3. Richard O. Archer (1953)
He was the first to record chest and abdominal breathing.
He presented a paper during the Annual Seminar of American Polygraph Association at
Houston, Texas, USA.
4. Richard I. Golden (1969)
 He presented a paper during the annual Seminar of American Polygraph Association
at Houston, Texas, USA.

Other Pioneers on Deception Detection

1. Francis Galton (1879)

Invented the Word Association Test (WAT).
2. Dr. Carl Guztav Jung
Developed the works of Francis Galton on WAT.
Alan Bell & Charles Mc Quiston (1972)
American inventors of Psychological Stress Evaluator (PSE), that detects changes
of voice tone such as trembling, shouting, slowing and stammering Franz Anton
Mesmer (1778)
He Introduces, hypnotism as a method of detecting deception.
3. Dr. Edward Mandell House (1858-1958)
A U.S. psychiatrist and diplomat, who introduced Truth Serum as a method of
detecting deception.

Lesson 2

THE PSYCHOLOGY OF LYING

Remember that a lying person fears detection and possible ostracism of the
offended community. He feels once detected, he could not but accept the bitter results of
being penalized, thus placing his life at stake. Since fear reaction carries emotional
responses due to detection, he may now exhibit external and internal physical and
psychological changes within him, such that these changes occur beyond his defensive
power to control or repress them. These changes, on the other hand are recorded by the
polygraph instrument and diagnosed by the examiner. But what is always driving a person
to lie? What is behind all these?

The psychology of lying person. A person’s fear, anxieties and apprehensions are
channeled toward the situations which evoke his instinct of self-presentation to struggle out
from the consequences of the wrong of he had already done. He may, once and for all, “grid
the axe” of his self-defense mechanism come what may through lies, alibis, and excuses.
His conscience is bothered so much how to hide everything beyond the capability of all his
 senses, and his power and emotions are perplexed and varied. In polygraphy, the
psychological approaches to all these lies or similar situations are governing by different
types of test and control questions prepared and formulated by the examiner. The test
contains relevant questions which are designed to pose a threat to the security of the guilty
(or lying) subject. The equally truthful subject, though accused, is assured of the reaction he
may exhibit during the whole polygraph examination by the carefully formulated questions.

Other factors psychologically taken onto consideration are subject’s basis

emotionally and intensity of the offense. Normally, the innocent is subject’s reaction
potential is lower than that of the guilty subject. This is registered by temporary heightening
of his emotional state when the examination began. Then such reaction decreases as the
test itself progresses.

In understanding more, the psychology of lying, we have included the different kinds
of lies.

Types of Liars

1. Panic Liar – lies to avoid consequences of confession.

2. Occupational Liar – lies when there is higher pay.
3. Tournament Liar – views an interview or interrogation as contest and wants to win, thus
telling lies. He lies since it is the remaining weapon to survive. He lies to let people believe
that the law is punishing the innocent person.
4. Ethnological Liar – trained not to squeal, usually covered by Creed of Syndicates/Gangs.
5. Psychopathic Liar – has no conscience and shows no regret and no manifestation of guilt.
The most difficult type of liar since he is a good actor and can fool investigators.
6. Pathological Liar – a mentally affected person who cannot distinguish right from wrong.
7. Black Liar – a hypocrite person who always pretend.

Types of Lies, How Done

1. Direct Denial – DENYING the issue directly. Example – I am not the rapist.
2. Lie of Omission – lying by REMOVING other things done, which are not intended to be told
to another person.
3. Lie of Fabrication – lying by COMPOSING lie answers to a person.
4. Lie of Exaggeration – lying by ADDING unnecessary answers.
 Types of Lies According to Purpose

1. Benign or White Lie – used to maintain harmony or friendship.

2. Red Lie – used to destroy other ideologies by means of Propaganda (Systematic False
Publicity usually against the government).
3. Malicious Lie – used to mislead or obstruct justice. Malice = means Purpose

Signs of Lying According to General Categories

1. Verbal Clues – are words that are spoken, speed of delivery, choice of words, and tone of
voice and other tense of language.
2. Non-verbal Clues – can be observed in body movements, gestures, facial expressions,
body posture.

Verbal Clues of Lying

1. Way of responding to a question – Truthful answers are direct, deceptive answers are
cautious.
2. Response Time – truthful persons answer questions immediately. Liars answer with delay to
think for excuses.
3. Request for repetition of question – is done by a person for him to think of what his answer
will be.
4. Stammering – Untruthful persons usually stammer when answering. Truthful persons
answer straight and direct.
5. Over Politeness – the unusual way of using respectable addresses such as sir and ma’am.
6. Volunteering Oath – Lying person frequently swears that he/she is telling the truth. Truthful
person simply answers the question.
7. Clarity of Response – Lying person gives broad answers. Truthful person answers clearly
and directly.
8. Use of words – Lying person tends to avoid use of appropriate word. Truthful person uses
the Correct terms and not thinking of any substitute word.
9. Assertiveness – Lying person are NOT sure of his/her answer. Truthful person is Confident
of his/her answer.
10. Inconsistencies – Lying person tells Contradicting word or ideas. Truthful person answers
consistent from previous statement.
11. Slip of the tongue – Lying person accidentally tells the truth. Truthful person doesn’t
experience this.
12. Tirades – Lying person provides long angry answer. Truthful person answers short and
direct.
13. Pauses – Lying person pauses frequently. Truthful person answers with no unnecessary
pause.
14. Speed of Speech – Lying person is so tensed and may communicate awfully slow/fast.
Truthful person answers with normal speed.

Non-Verbal Clues of Lying

1. Emblems – are bodily movements that indicate meaning. Ex: shaking/nodding of head,
shrugging shoulders, thumbs up sign.
2. Manipulators – include acts of touching body parts when talking. Ex: Grooming hair,
wringing of hands, picking imaginary fur from coat.
3. Fidgeting – the unusual activities of fingers during talking.
4. Increased Breathing – serves as clue of telling a lie, because when a person tells a lie,
breathing is affected.
5. Excessive Sweating – Too much sweating is an indication of telling a lie.
6. Frequent Swallowing – occurs when mouth is dry due to questions that give stress to the
person.
7. Facial Muscles – are functioning when a person shows facial expression. Ex: Forcing a
smile.
8. Unusual Movements of Eyes – when Pupil of an eye rapidly blinks, it is an indication of
telling a lie.
9. Blushing of Face – when a person lies, blood rush up to different parts of the body usually
observed on face.

HOW TO SPOT A LIAR

Little white lie (of all sorts) is tossed our way daily and getting to the truth of the
matter can be frustrating, time-consuming, even upsetting.

“Lies occur between friends, between teacher and student, doctor and patient,
husband and wife, witness and jury, lawyer and client, and salesperson to customer,” says
Paul Ekman, professor emeritus of psychology at the University of California, san Francisco.
Ekman has been studying deceptive behavior for more than four decades and is the author
of several books on the subject. “Lying is such a central characteristic of life”, he says, “that
better understanding it is relevant to almost all human affairs”.

Being able to spot the lies we are told, both the little white ones that do not matter a
whole a lot and the real whoppers that do, is especially important in business- it can mean
the difference between a good and bad deal. To develop the skill to separate the well-
meaning from the deceitful, try these compelling tips from the experts:

1. Hear the Voice. Ever notice the pitch of someone’s voice change from its norm –
Hear a voice crack when it is not the cracking type? Pay attention to voice
changes like these; they may well indicate deceit. Though other important
behaviors need to be considered as well, vocal changes that deviate from the
norm can indicate deception. There may also be a change in speech rate, either
too fast or too slow, and a change in breathing pattern.

2. Watch those words. How about written materials? Can we spot misleading
behavior in letters, documents, e-mails, and even resume? At the University of
Texas at Austin, psychology professor James Pannebaker and colleagues have
develop computer software known as Linguistic inquiry and word count (LIWC),
which analyzes written and verbal content for lies. Deception can carry two main
makers. First, Liars tend to fewer first-person pronouns-words like, like I, me,
mine – than truth tellers. It is as if they’re putting psychological distance between
themselves and their stories; they don’t “own” their message. Second, liars use
exclusionary words – but, nor, except, whereas. Liars have trouble with complex
thinking.

3. Look Past Shifty Eyes. While most people tend to interpret darting unfocused
eyes as a classic sign of lying, what is vital to consider is the context of the
behavior. If people look away while trying to think something difficult, that is not
important. But if they took away while answering something that should be easy
to answer, you should wonder why. If people are lying about something they are
ashamed of, they will have difficulty maintaining eye gaze. For white lies, though,
or lies that are not shameful, people may increase their eye gaze.

4. Get better at Body Language. No single part of the face or body, such as the
eyes, nose, ears, or hands, can tell us the whole story when it comes to lying. It
is not simple that simple. Theirs is no Pinocchio’s nose. Instead, you must
consider the fit among face, body, voice, and speech to reach high levels of
accuracy. That means observing the “total person” whenever possible. Clues
must always be interpreted considering the usual behavior. Changes in small
hand movements, changes in the amount of hand gestures, shrugs that are
inconsistent with what being said – these are worth homing in on. So are
changes in the body posture at points in conversation. Watch for a change in the
baseline. For instance, a quiet person who talks a lot, or a person who talks a lot
 who is now quiet. It does not necessarily mean someone is lying; it’s hot spot to
evaluate.

5. Check for Emotional leaks”. The micro-impressions that flit across people’s faces
often expose what they are truly feeling or thinking, as opposed to what they’d
like us to believe. But these ultra-brief facial movements, some lasting a quarter
of a second, are not easy to spot. Even professionals trained in the art of
detection-police personnel, judges, lawyers –cannot always isolate them. And
deliberately liars tend to layer on the other expressions, like smiling, to further
disguise a lie. Still, there are giveaways. It is not the frequency of a smile that
matters, but the type of smile. There are smiles of true enjoyment, which involve
not just the lips but the muscles that orbit the eyes. And there are masking
smiles, which are made to cover fear, anger, sadness, or disgust. If you are a
good observer, you can see a trace of one of those emotions leak through.

LESSON III
The polygraph instrument

At this point it should be made clear that there is presently no known instrument,
which can be, detect lies. The polygraph instrument is best described as a scientific
diagnosis triggered by psychological or emotional changes in the subject being examined. If
the label “lie detector” must be used, it is best attached to the examiner who interprets the
psychological by-products of tested person’s emotional responses.
The polygraph test may be described as a series of questions asked to the subject
and the simultaneous recording by the instrument of the subject’s bodily changes in
response to these questions. It now becomes apparent that a valid test is predicated upon
various required conditions and limitations.
Modern polygraphs, whether conventional or computerized, measures
(pneumograph), changes and responses in skin (galvanic skin response – GSR), and
relative blood pressure and pulse rate (cardiosphygmograph).
The polygraph collects physiological data from at least three (3) systems of the
human body:

The respiratory system: the examiner will record “thoracic breathing” and “abdominal
breathing”. Convoluted rubber tubes are placed over the chest and the abdomen.
 The pneumo tracing is by far the most difficult parameter for most examiners to
interpret. When we consider what constitutes reaction in the pneumo we should identifying
which reactions are indicative of the greatest threat to the examinee’s survival in this
physiological function. The greatest threat to survival in respiration is a stoppage of
breathing or getting less air than normal. Therefore, reactions in the pneumoare
represented by Apnea suppression, and ration spreading. When comparing a question from
one zone with another to determine which has the greater Pneumo reaction we are
attempting to identify which deceived less air over the same amount of time. The concept
utilized by most algorithms to determine Pneumo reaction is exactly this: the shortest line
over the same period represents the greatest reaction.
Many examiners are erroneously being taught that hyperventilation in one zone
negates suppression in another. I believed this stemmed from a research scientist looking at
these two opposite reactions and taking the position that both were equal changes from
standard deviation, or the General Tracing Average (GTA)
If a person experiences fear, which we expect is accompanied by sympathetic
arousal (light/fight), why would they get less air, when all the physiological charts indicate
this mechanism causes an increase in thoracic activity? I have two possible answers. One
is due to an increase in oxygen in the body, causing an immediate homeostatic slowdown of
breathing. The other possibility came from Mr.Backster in a response to a question.
The examiner must recognize that a change from a norm a “norm” unto itself does
not in itself equal reaction. Hyperventilation and ration contractions are changes from the
norm that offer no threat to the body. Instead, they are indicators of relief and homeostatic
compensations from reactions occurring elsewhere.

PNEUMOGRAPH

a rubberized corrugated tube about seven inches in length fastened

around the subject’s chest and abdomen. This occupies the two top upper pens
of the instrument which records the thoracic and abdominal breathing patterns
of respiration. The inhalation/exhalation of the subject cause the tubes to
expand and contract, thereby reflecting the change through bellows to the pen
into the chart. (See Photo below how it is attached)
The Galvanic skin response: Two metal plates are connected to the fingers. These plates
record the filling up of sweat glands (empty during homeostatic condition) and the nearly
immediate re-absorption of the moisture.
Galvanic Skin Response (GSR) originated in the early 1900s. it was used for a
variety of types of research in the 1900s through the late 1970s, with a decline in use as
more sophisticated techniques (such as EEG and MRI) replaced it in many areas of
psychological research. GSR still sees limited use today, as it is possible to use with low-
cost hardware (galvanometer).
 The simple psychogalvanometer was one of the tools of psychological research. A
psychogalvanometer measures the resistance of the skin to the passage of a very small
electric current. It has been known for decades that the magnitude of this electric resistance
is affected, not only by the subject’s general mood, but also by immediate emotional
reaction.
The response is a change in DC potential across neurons of the automatic nervous
system connected to the sensory motor strip of the cortex. This change was found to be
related to the level of cortical arousal. The emotional change on a word, heard by a subject,
would have an immediate effect on the subject’s level of arousal, and cause this
physiological response. Because the hand has a particularly large representation of nerve
endings on the sensory motor strips of the cortex, hand-held electrodes are ideal. As
arousal increases, the “fight or flight “stress response of the automatic nervous system
comes into action, and adrenalin causes increases sweating amongst many other
phenomena, but the speed of sweating response is nowhere near as instantaneous or
accurate as the response.
The most advance layers of the cortex, unique to man, link to the thumb and
forefinger especially, and there is a further complex physiological response which occurs
when the forebrain is aroused. Changes in Alpha rhythms cause blood capillaries to
enlarge, and this too affects resistance. Galvanic Skin Response (GSR), also known Electro
Dermal Response (EDR) or psychogalvanic reflex (PGR), is a method of measuring the
electrical resistance of the skin and interpreting it as an image of activity in certain parts of
the body. The mapping of the skin areas to internal organs is usually based on acupuncture
point.
GSR is conducted by attaching two leads to the skin, acquiring a base measure.
Then, as the activity being studied is performed, recording are made from the leads. There
are two ways to perform a GSR-in active GSR current is passed through the body, with the
resistance measured. In passive GSR, current generated by the body itself is measured.

GALVANOGRAPH

A set of electrodes attached to the index finger and to the ring finger of the
left hand or the palmer or dorsal surfaces of subject’s hand. This is the longest
and the third pen of the instrument. The electrodes used for obtaining the
recording of the GSR or electro dermal responses, are fastened to the hand or
fingers by means of the passage of an imperceptible amount of electrical current
through the hand or fingers bearing the attached electrodes, a galvanometer
unit provides recording of the variation in the flow of the electrical current. (See
Photo below)
The Cardiac system: will record blood volume and pulse rate. A medical blood pressure cuff
containing of a rubber bladder is wrapped around the upper right arm, against the brachial
artery. The cuff is connected via the instrument (cardiosphygmograph) to a hand pump with
a pressure indicating gauge.
These five (thoracic and abdominal breathing, blood volume, pulse rate and galvanic
skin response) reading will be recorded on “chart”. Normally, the examiner will do three (3)
to four (4) charts.
The polygraph science is known as the psycho physiological detection of deception.
The key here is the fear of detection of deception. This is based on the principles that a
person will direct his/her attention to that issue that poses the biggest threat to his/her
wellbeing.
In practical terms this means that when an examinee is asked a certain range of
questions, he/she will show the biggest physiological response to that question which poses
the biggest threat to his/her wellbeing, i.e. that question the examinee is the most afraid to
be detected lying to. Through research done over the past 70 years, various polygraph
techniques have been developed which dramatically improved the accuracy of the
polygraph.

CARDIOSPHYMOGRAPH
The blood pressure cuff containing a rubber bladder that is wrapped around one of
the subject arms in such a way as to ensure that the rubber portion of the cuff is place
over the brachial artery of the right arm for more satisfactory recordings. This is the
fourth and the bottom pen of the instrument. The polygraphist inflates the bladder with a
hand pump to put air into the system, which recorded in a sphygmomanometer in
millimeter of mercury (generally 60-80 mm). See photo below.
KYMOGRAPH:
This is the chart-recording unit of the instrument. It has a synchronized motor that
drives the charts at the rate of six inches per minute and its speed constant is vital because
the vertical lines, which are spaced either at one inch interval on the chart. This provides the
polygraphist with a means of determining pulse rate and question spacing.
 COMPUTERIZED POLYGRAPH SYSTEM
Cleve Backter”s development in 1961 of a standardized Polygraph Notepack and
technique guide, is the current standard for traditional scoring polygraph charts. In 1785, the
horizontal scoring system also known as the Rank Order Scoring System developed by
Nathan J. Gordon and Philip M. Cochetti introduced a hierarchy approach to numerical
scoring. However, Backter’s seven-position scale and standardized interpretation rules
remain the preferred traditional method of numerical scoring of the physiological data
recorded on polygraph charts. But implementation of the quantification system requires
formal training, adherence to the interpretation rules, and a good deal experience in order to
attain acceptable proficiency. In a study by Elaad and Kleiner, it was reported that the
experienced polygraph examiner had significantly better detection rates with respiration, but
there was no significant difference between the group in scoring electrodermal or cardio
patterns. The greater difficulty in the interpretation of the breathing patterns did not escape
subsequent computerization of the interpretation process.
THE EMPLOYMENT OF COMPUTER TECHNOLOGY IN POLYGRAPH
EXAMINATIONs have been in the development stages since 1962 when Dr.Joseph F.
Kubis, Fordham University completed studies in lie detection, Computer Feasibility
considerations. Dr. Kubis found that limitations in objectivity, uncontrolled in validating
influences and non-standardized instrumentation in polygraph field at that time warranted
definitive research before the computer could be considered as an integral component of
the lie detection decision. Dr. Kubis felt that there was a critical need for the objectification
of the measurements of various aspects of the physiological patterns used in lie detection
interpretation, and computer type programs could be of great service in the solution of this
problem.
The second stage in evolution process of polygraph computerization was the
conversion of analog signals from electronic polygraph instruments to digital data. The
analog signals were taken off the pen drive motor from AC to a DC board digitizing the data
into a series of numbers. A software program was developed to analyze the digitized data.
However, no algorithm was available to analyze the physiological data and determine the
probability of truth or deception.
The third stage in the development of polygraph computerization occurred with the
development of software to convert physiological waveforms to digital format, thus
permitting the data to be recorded and stored on computer disks enabling the physiological
data to be immediately or subsequently printed on traditional polygraph chart paper. This
stages also included the development of software to analyze the physiological data and
determine the probability of truth or deception regarding a subject’s answers to relevant
questions. The third and current stage provides computerized polygraph systems with their
own software to convert, record and examine the physiological data, and mathematical
algorithm to evaluate and diagnose aforesaid data. Thus, these new computerized
polygraph systems are not interfaced with traditional polygraph instruments.
There are currently three stage lll computerized polygraph systems manufactured in
the
United States. The first of these systems, in order of their appearance on the market, is
produced and distributed by Stoelting Company as the computerized Polygraph System
(PS) which IBM compatible. The second systems, the Axcitcon which is IBM compatible, is
produced and distributed by the Axciton Systems. The third system, the Lafayette, which is
either IBM or Macinttosh compatible, is produced and distributed by Lafayette instrument.
The Stoelting CPS uses proprietary algorithm developed by scientific assessment
Technologies based on thirteen years of research conducted at University of Utah by Dr.
John C. Kircher and Dr. David C. Raskin.
 The axcitcon and Lafayette computerized system both PolyScore algorithm develop
by the Applied Physical Laboratory (APL) at the John Hopkins University.
Obviously, there are differences between the computer hardware and the software
(algorithm) offered to polygraph examiners by the three American manufacturers of
computerized polygraph system. All three systems provide chart evaluation and render an
opinion regarding truth or deception. They also provide bar graphs that show relative
strength of responses to test questions. The Lafayette computerized systems run under
Microsoft Windows. TheAxcitcon and Estoelting system run under DOS. The Axcitcon DOS
system relies heavily upon function keys and requires exiting back to DOS from the charts
with the separate Polyscore software. The Stoelting CPS uses series of menus, which can
be slower to negotiate but easier to use. The evaluation portion of Stoelting software is
integrated into main recording program. All three systems require an analog-to. Digital
converter box between the computer and polygraph attachments.

LX 4000 LAFAYETTE COMPUTEIZED POLYGRAPH

Stoelting Conventional 4 pens

POLYGRAPH COMPONENTS & PARTS

Kinds of Polygraph
1. Analog
2. Computerized

B & W Lie Detector

Manufactured by B & W Associates of Michigan City, Indiana.
Measures Galvanic Skin Resistance (GSR) only.

Keeler Polygraph
 Invented by Leonarde Keeler
 Manufactured by Associated Research Company at Chicago, Illinois, USA.
 Used by CIA during the Korean War.
 Used in testing Cuban Nationals if they are Spies.
 One of the first portable polygraph.
 First of the pacesetter series that integrated photo/optical pletysmograph.

Lafayette Polygraph

 Manufactured by Lafayette Instrument Company, Indiana, USA in 1972.

  Most popular instrument introduced in 1970s.
 It has double pneumographs, GSR, Electro-cardio and a top-mounted pneumatic
stimulus marker.
 Lightweight instrument enclosed in a sturdy halliburton case with case accessory
storage.

Lee Polygraph
 Invented by Capt. Lee from Berkeley California Police Department.
 Capt. Lee was the first to introduce Guilt Complex Question, and First Control test
which was later known as Pre-test.
 Also known as Berkeley Psychograph, which was first introduced in Chicago, Illinois
in 1938.
 Used for minors in 1930s until 1938.
Stoelting Polygraph (1950s to 1981)
 Manufactured by the Stoelting Company in Chicago, Illinois, USA.
 Designed by Cleve Backsterin 1950s and gave it to the Stoelting Company.
 Started with 2 pens, it became 3 then developed to have 4 pens.

The Components of Polygraph

1. Pneumograph
- Records breathing changes of subject.
- Is composed of:
Pneumo 1 (thoracic part) – chest assembly
Pneumo 2 (abdomen) – abdominal assembly
- Tracings are located at 1st and 2nd lines of tracings.
- Note: inhalation ad expiration is one respiratory cycle.
2. Galvanograph
a. Records the skin resistance of subject in small amount of electricity.
b. Finger electrodes are attached with the index and ring finger (opposite hand where the
BP Cuff is attached)
c. Tracing is located 3rdfrom top on the Chart.
d. Has the longest pen of 4-7 inches.
3. Cardiosphymograph
a. Records heart beats, Blood Pressure and Pulse Rate.
b. Cuff is used attached around the subject’s arm and must be centered on the Brachial
Artery about 1 inch above the elbow.
c. If my BP is 120/90, my 120 is the systolic and 90 is the diastolic.
 d. Tracing on chart paper is located at bottom part.
e. Pen is 5 inches long.
4. Kymograph
a. The component that drives the chart paper.
b. Pulls the chart paper at rate of 6-12 in/min.
c. One roll of chart paper may reach 100 feet long. It has 6 in width, ½ in margin apart.
Common Parts of Polygraph
1.Pen lifter
2. Program Pacer
3. Paper tear bar
4. Foam Pen hold-down
5. Attache Compartment
6. Accessory storage and Optional Calibration Checking fixture
7. Subject connections
8. Mechanical Pneumo Module
9. Galvanic Skin Response
10. multi-function module
11. Mechanical cardio module
12. Paper storage device
13. AC Power Receptacle
14. Power Switch and Circuit Breaker
15. Chart Drive roller Lever
16. Power analyzer
17 Stimulus markers
18. Sphysmomanometer dial
19. Pneumo 1
20. Pneumo 2
21. Cuff
22. Pump
23. Mechanical cardio switch
 Lesson IV
The legal rights of suspect in polygraph test

ARTICLE III

Bill of Rights

SECTION 12. (1) Any person under investigation for the commission of an offense shall
have the right to be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot afford the services
of counsel, he must be provided with one. These rights cannot be waived except in writing
and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate
the free will shall be used against him. Secret detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this, or Section 17 hereof

shall be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as
well as compensation to and rehabilitation of victims of torture or similar practices, and their
families.

SECTION 17. No person shall be compelled to be a witness against himself.

Legal rights of person under custodial investigation in the Philippines

(1) The rights of an accused person under in-custody investigation are expressly
enumerated in Sec. 12, Art. III of the Constitution, viz:

(a)Any person under investigation for the commission of an offense shall have the
right to be informed of his rights to remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot afford the services of counsel, he
must be provided with one. These rights cannot be waived except in writing and in the
presence of counsel;
 (b)No torture, force, violence, intimidation, or any other means which vitiate the free
will shall be used against him. Secret detention places, solitary, incommunicado, or other
similar forms of detention are prohibited;
(c)Any confession or admission in violation of this or Sec. 17 (Self-Incrimination
Clause) hereof shall be inadmissible in evidence against him;
(d)The law shall provide for penal and civil sanctions for violation of this section as
well as compensation to aid rehabilitation of victims of torture or similar practice, and their
families.
(2) Under RA 7834, the following are the rights of persons arrested, detained or under
custodial investigation:
(a)Any person arrested, detained or under custodial investigation shall at all times be
assisted by counsel;
(b)Any public officer or employee, or anyone acting under his order or in his place,
who arrests, detains or investigates any person for the commission of an offense shall
inform the latter, in a language known to and understood by him, of his right to remain silent
and to have competent and independent counsel, preferably of his own choice, who shall at
all times be allowed to confer privately with the person arrested, detained or under custodial
investigation. If such person cannot afford the services of his own counsel, he must be
provided with a competent and independent counsel by the investigating officer;
(c)The custodial investigation report shall be reduced to writing by investigating
officer, provided that before such report is signed, or thumb marked if the person arrested or
detained does not know how to read and write, it shall be read and adequately explained to
him by his counsel or by the assisting counsel provided by the investigating officer in the
language or dialect known to such arrested or detained person, otherwise, such
investigation report shall be null and void and of no effect whatsoever;
(d)Any extrajudicial confession made by a person arrested, detained or under
custodial investigation shall be in writing and signed by such person in the presence of his
counselor in the latter‘s absence, upon a valid waiver, and in the presence of any of the
parents, older brothers and sisters, his spouse, the municipal mayor, the municipal judge,
district school supervisor, or priest or minister of the gospel as chosen by him; otherwise,
such extrajudicial confession shall be inadmissible as evidence in any proceeding;
(e)Any waiver by person arrested or detained under the provisions of Art. 125 of the
Revised Penal Code or under custodial investigation, shall be in writing signed by such
person in the presence of his counsel; otherwise such waiver shall be null and void and of
no effect;
(f)Any person arrested or detained or under custodial investigation shall be allowed visits by
his or conferences with any member of his immediate family, or any medical doctor or priest
or religious minister chosen by him or by his counsel, or by any national NGO duly
accredited by the Office of the President. The person ‘s ―immediate family‖ shall include
his or her spouse, fiancé or fiancée, parent or child, brother or sister, grandparent or
grandchild, uncle or aunt, nephew or niece and guardian or ward.

(3) Three rights are made available by Sec. 12(1):

(a)The right to remain silent — Under the right against self-incrimination in Sec. 17,
only an accused has the absolute right to remain silent. A person who is not an accused
may assume the stance of silence only when asked an incriminatory question. Under Sec.
12, however, a person under investigation has the right to refuse to answer any question.
His silence, moreover, may not be used against him (People vs. Alegre and Gordoncillo, 94
SCRA 109);
(b)The right to counsel — Example of those who are not impartial counsel are (1)
Special counsel, private or public prosecutor, counsel of the police, or a municipal attorney
whose interest is adverse to that of the accused; (2) a mayor, unless the accused
approaches him as counselor or adviser; (3) a barangay captain; (4) any other whose
interest may be adverse to that of the accused (People vs. Tomaquin, GR 133188, July 23,
2004);
(c)The right to be informed of his rights — the right guaranteed here is more than
what is shown in television shows where the police routinely reads out the rights from a note
card; he must also explain their effects in practical terms (People vs. Rojas, 147 SCRA
169). Short of this, there is a denial of the right, as it cannot then truly be said that the
person has been informed of his rights (People vs. Nicandro, 141 SCRA 289).

(4) Custodial investigation involves any questioning initiated by law enforcement officers
after a person has been taken into custody otherwise deprived of his freedom of action in
any significant way. The right to custodial investigation begins only when the investigation is
no longer a general inquiry into an unsolved crime but has begun to focus on a particular
suspect, the suspect has been taken into police custody, the police carry out a process of
interrogations that lends itself to eliciting incriminating statements (Escobedo vs. Illinois, 378
US 478; People vs. Marra, 236 SCRA 565). It should be noted however, however, that
although the scope of the constitutional right is limited to the situation in Escobedo and
Marra, RA 7438 has extended the guarantee to situations in which an individual has not
been formally arrested but has merely been ―invited‖ for questioning (People vs.
Dumantay, GR 130612, May 11, 1999; People vs. Principe, GR 135862, May 2, 2002).

Republic Act No. 7438 April 27, 1992

Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation, Duties of

Public Officers. –
 (a) Any person arrested detained or under custodial investigation shall at all times be
assisted by counsel.

(b) Any public officer or employee, or anyone acting under his order or his place,
who arrests, detains or investigates any person for the commission of an offense shall
inform the latter, in a language known to and understood by him, of his rights to remain
silent and to have competent and independent counsel, preferably of his own choice, who
shall at all times be allowed to confer privately with the person arrested, detained or under
custodial investigation. If such person cannot afford the services of his own counsel, he
must be provided with a competent and independent counsel by the investigating officer.
lawphi1Ÿ

(c) The custodial investigation report shall be reduced to writing by the investigating
officer, provided that before such report is signed, or thumb marked if the person arrested or
detained does not know how to read and write, it shall be read and adequately explained to
him by his counsel or by the assisting counsel provided by the investigating officer in the
language or dialect known to such arrested or detained person, otherwise, such
investigation report shall be null and void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or under

custodial investigation shall be in writing and signed by such person in the presence of his
counsel, or in the latter's absence, upon a valid waiver, and in the presence of any of the
parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge,
district school supervisor, or priest or minister of the gospel as chosen by him; otherwise,
such extrajudicial confession shall be inadmissible as evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of Article 125
of the Revised Penal Code, or under custodial investigation, shall be in writing and signed
by such person in the presence of his counsel; otherwise, the waiver shall be null and void
and of no effect.

(f) Any person arrested or detained or under custodial investigation shall be allowed
visits by or conferences with any member of his immediate family, or any medical doctor or
priest or religious minister chosen by him or by any member of his immediate family or by
his counsel, or by any national non-governmental organization duly accredited by the
Commission on Human Rights of by any international non-governmental organization duly
accredited by the Office of the President. The person's "immediate family" shall include his
or her spouse, fiancé or fiancée, parent or child, brother or sister, grandparent or grandchild,
uncle or aunt, nephew or niece, and guardian or ward.

As used in this Act, "custodial investigation" shall include the practice of issuing an
"invitation" to a person who is investigated in connection with an offense he is suspected to
have committed, without prejudice to the liability of the "inviting" officer for any violation of
law.

REPUBLIC ACT N0. 9745

Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited
to, the following:

(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or

agent of a person in authority upon another in his/her custody that causes severe pain,
exhaustion, disability, or dysfunction of one or more parts of the body, such as:

(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt
or other similar objects, and jumping on the stomach.

(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and
other stuff or substances not normally eaten;
(3) Electric shock;

(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of
pepper or other chemical substances on mucous membranes, or acids or spices directly on
the wound(s);

(5) The submersion of the head in water or water polluted with excrement, urine, vomit
and/or blood until the brink of suffocation;

(6) Being tied or forced to assume fixed and stressful bodily position;

(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or
rectum, or electrical torture of the genitals;

(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear,
tongue, etc.;

(9) Dental torture or the forced extraction of the teeth;

(10) Pulling out of fingernails;

(11) Harmful exposure to the elements such as sunlight and extreme cold;

(12) The use of plastic bag and other materials placed over the head to the point of
asphyxiation;

(13) The use of psychoactive drugs to change the perception, memory. alertness or will of a
person, such as:

(i) The administration or drugs to induce confession and/or reduce mental competency; or

(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and

(14) Other analogous acts of physical torture; and

(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent

of a person in authority which are calculated to affect or confuse the mind and/or undermine
a person's dignity and morale, such as:

(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other
wrongful acts;

(3) Confinement in solitary cells or secret detention places;

(4) Prolonged interrogation;

(5) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee
or prisoner;

(6) Causing unscheduled transfer of a person deprived of liberty from one place to another,
creating the belief that he/she shall be summarily executed.

(7) Maltreating a member/s of a person's family.

(8) Causing the torture sessions to be witnessed by the person's family, relatives or any
third party;

(9) Denial of sleep/rest;

(10) Shame infliction such as stripping the person naked, parading him/her in public places,
shaving the victim's head or putting marks on his/her body against his/her will;

(11) Deliberately prohibiting the victim to communicate with any member of his/her family;
and

(12) Other analogous acts of mental/psychological torture

WHO USES THE POLYGRAPH?

There are many uses of an instrument which verifies the truthfulness of

statements. The polygraph has been applied in the pre-employment testing in both
the public and private sectors. Specifically, the polygraph is used to examine job
applicants for some traits. Also, a polygraph examination may be conducted in
internal investigations of alleged employee misconduct. These practices are not
universally followed, and some states prohibit such use of polygraph.
 Another use of the polygraph is as evidence in a court of law. At the present
time there are sixteen (16) states which have court decisions allowing the expert’s
opinion to be admitted into evidence.

Problems inherent in general admissibility of polygraph results have not been

satisfactory resolved. The test applied by the courts for the admissibility of scientific
evidence is that it be generally accepted by the scientific field to which it belongs.
The polygraph has been part of the discipline of psychology, which in general does
not accept as valid. In response, polygraph examiners maintain that they themselves
comprise the scientific field which is required to vouch for acceptance. The courts,
however, have generally rejected these arguments.

Even though the testimony of the polygraph examiner will normally be

excluded from courtroom use when there is an objection, there is still a very
important role of polygraph in criminal investigations. Police can use polygraph
results as a method to establish the suspect’s truthfulness. Because of the high
reliability and validity of the polygraph in the hands of an expert polygraph examiner,
suspects who are willing to take the test and successfully pass it are usually
eliminated from further suspicion. This use of the polygraph enables the most
effective utilization of limited investigative resources.

Another major use of polygraph is to pinpoint the deceptive suspect. By

identifying a suspect who is lying, an investigation can be focused on that suspect. In
addition, polygraph examiner often obtains court admissible confessions from the
deceptive suspect at the time of the polygraph examination.

The polygraph daily becomes more and more popular. At present the USA,
Israel, Russia, and Japan are probably the biggest users. Although there are 77
countries are also known as being frequent users of the polygraph, for various
applications. The polygraph is obviously and mostly used in investigation:
 Crime investigation (private or Government)
 Fraud investigation, insurance companies, etc.
 Another popular use is involved in pre-employment screening and
honesty maintenance checks.
 Attorneys often use it in civil litigation
 The private company often inquires it for matters not involving the legal or
criminal justice system
  In certain countries the polygraph is generally used as a tool to control
and check people on parole.

Two applications of polygraph in a criminal investigation

Diagnostic Application
The goal of this application is to seek the successful determination of truth or
deception. This requires the services of an expert examiner with considerable
training and education. He must carefully construct questioning techniques that can
help provide scientific analysis of data. Results of this kind of test have also been
admitted as evidence in court.

Interrogatory Application
This kind of application is less concerned with the issue of truth, and usually
seeks a confession of wrongdoing from the subjects. Essentially, in this application,
the examiner uses the polygraph to induce sufficient fear in the subject so that his
only recourse from emotional anguish is to confess his act. However, these have
been frequently ruled out as inadmissible in court not unless the confession is in the
presence of his lawyer.

Responsibilities of the investigator to the examiner

The investigator must always consult the examiner whether polygraph test is
needed. The former should also check with the latter regarding related concerns,
such as the definite areas to be resolved for each subject through the test, the
process of selection, fitness of the subject, and appropriate schedule for the test.
The investigator must not wait until the last minute after all investigative methods and
techniques had failed and only use the polygraph test as a last resort.
In addition, the investigator should not conduct the test to bolster the
evidence submitted to the court. This only manifests his doubt as to investigative
findings of guilt on the part of the accused. Such doubt can be advantage to the
accused. And in numerous instances, the opinion of the examiner is accepted by the
court in favor of the defense rather than for the prosecution. To sum it up, the
investigator should thoroughly examine the case before seeking assistance from the
polygraph examiner.

Responsibilities of the examiner to the subjects

In conducting the test, the examiner should be morally responsible to his
subject. The examiner should learn enough about the polygraph so that he talks
openly and freely to the subject about the test should proceed, especially since the
subject often know little about the test. The examiner should not disclose the details
of an offense, which may be utilized in the application of a PTA or PTB test, but
suggest the test as a means through which a subject can prove his innocence.
At the same time, the examiner should inform the subject about the test’s
ability to indicate truth or deception through the recorded responses. He should also
assure the subject that the examiner is qualified and impartial to all persons involved
in the case. He should also avoid any claim for the instrument or examiner that is not
backed up by facts.

Employment and security screening

The purpose of pre-employment screening is to determine whether or not a
candidate is being truthful regarding his/her job application form. Any indication of
deception can lead to an applicant’s disqualification.
In our country, there are also companies (especially those who manufacture
an IT part, mining companies, and the Philippine banks that resort to pre-
employment screening in their hiring process or in the promotion of employees.
Those big companies often have their own polygraph machines and certified
examiners trained under refutable agency. These examiners, however, are only
trained to conduct pre-employment screening and no other tasks.

Clinical setting
There are three classifications, of clinical testing, the details of which are
presented below
1. Disclosure testing
In this classification, the examiner aims to gather information about a
subject’s sexual history and current offense being investigated, allowing him to
perform an assessment.
Sexual history – the sexual history test is administered to evaluate the candor
of the offender in completing the treatment provider’s sexual history form. Such
inquiry is limited to four specific areas, and should not deal with historical
behaviors prior to and excluding the current offense.
Current Offense – Testing over the current offense usually involves a
subject’s denial issues, generally, offenders enter treatment at the direction of the
court and have not accepted responsibility for their actions. In some cases, denial
maybe real and the offender actually did not commit the act as charged. Other
 denial issues involve admission of some acts and denial issues involve
admission of some acts and denial of others. These tests are generally limited to
two of three relevant questions.
Assessment test – assessment tests are often used to assist in determining a
subject’s risk to the community, amenability to treatment, and extent of the
offense being investigate. These tests are usually limited to four relevant
questions.

2. Maintenance testing
A maintenance test is periodically administered (e.g., given every four to six
months) to ensure one’s compliance with probation and parole requirements and
treatment contracts, as well as for identifying the re-offending subject. Maintenance
testing can be best described as an artificial conscience. This is because offenders
who are re-offending are identified immediately and then subjected to corrective
action.

3. Specific test
A specific issue test is given when scientific problems occur. These problems
could involve the use of illegal drugs or allegations of re-offense. This type of test is
narrowly defined and only deals with a single problem or issue.

References;

Books
Ferguson, Robert Jr. The polygraph in private industry. Springfield, Illinois: Charles C. Thomas publisher,
1966.

Matte, James. Forensic Psychophysiology Using the polygraph. N. Y: J. A. M.

Publications, 1996.
Reid, John E. and Fred E. Inabau. Truth and Deeption. Baltimore: The Williams and Wilkins Company,
1977

Ma Corazon Soriano Rodriguez, MM, 2015. The essentials of Polygraphy and Lie Detection . Chapter
house publishing Incorporated. ISBN: 978-621-95047-2-0

Journals, Magazines, and Newspapers

Abrams, S. 1999 A response to Honts on the issue of the discussion of questions between
charts. Polygraph 28:223-228.

Aftergood, S. 2000 Polygraph testing and the DOE national laboratories. Science 290:939-940.

Allen, J.J., and W.G. Iacono 1997 A comparison of methods for the analysis of event-related
potentials in deception detection. Psychophysiology 34:234-240.

American Psychological Association 1999 Standards for Educational and Psychological Testing.
Washington, DC: American Psychological Association.

Arvey, R.D., and J.E. Campion 1982 The employment interview: A summary and review of
recent research. Personnel Psychology 35:281-322.

Polygraph examiner’s refresher and proficiency course, NHQ, Crime Lab. Camp Crame, Quezon City. Oct.
13, 2006.

Polygraph Examination Regulation, Federal Register. v. 64, 45o62, 2001.

Good luck