Professional Documents
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Sim Poly 2ND Exam2021
Sim Poly 2ND Exam2021
Metalanguage
Polygraphy - A scientific method of detecting deception with an aid or use of Polygraph.
Polygraph - A scientific instrument which is especially designed to record the Psycho and
physiological changes which occur with the body of the subject especially when accompanied
by lying. Polygraph records the following changes; Blood Pressure, Pulse rate, Respiration and
Skin Resistance of the subject.
The word polygraph originated from the Greek Word “ Poly means Many Graph means Writing
Chart “
Fear – Is an emotional response to specific danger that appears to beyond a person defensive
power.
Stimulus – A force of emotion reaching the organism and excite the deceptors. In short is a
force that arouses the organism of any part to activity.
Reaction – It is an action in mental attitude evokes by external influence.
Deception – Is an act of deceiving or misleading usually accompanied by lying.
Detection – An act of discovery existence pressure or fact of something hidden or obscure.
Lying – Is an uttering or conveying falsehood or creating a false statement.
Response – any activity or indivision of previous activity of an organism or as affector organ, or
part of the organism resulting from stimulation.
Specific Response – Any deviation from the normal tracing of a subject.
Normal Response – A tracing on the chart where in the subject answer in the irrelevant question.
Polygraph Examiner – Refers to a person who conducts the test or administers the examination.
Chart or Polygrams _ Refers to the composite records of the Pneumograph, Galvanograph, and
Cardiosphymograph tracing recorded from a series of questions
Pneumograph 2 Abdominal assembly This second unit simply attached to abdomen of the
subject the function of this is to record the changes of breathing of the subject. The
pneumograph assembly is composed of the cord, voluted tube and beaded chain. The
pneumograph tube considerably in diameter and the pneumograph corrugated tube expanded
and contracts as the subject breaths
Kymograph – Kymograph component is a motor that pulls the chart paper under the recording
pen simultaneously at the rate of six to twelve inches per minute.
is a device that draws a graphical representation of spatial position over time in which a
spatial axis represents time. It basically consists of a revolving drum wrapped with a sheet of
paper on which a stylus moves back and forth recording perceived changes of phenomena such
as motion or pressure, The kymograph was initially a mechanical and hydraulic device, invented
by German physiologist Carl Ludwig in the 1840s, and found its first use as a means to
monitor blood pressure
THE HUMAN BODY SYSTEM
Nervous system – serving as the activator of the body system, the nervous system thus the
brain and all the nerve tissues, receives, evaluates, integrates and stores any stimulus brought
to the body from the environment; and at the same rate the system send out messages to the
various part and organs for a specific response
The peripheral Nervous System
It consist of various nerve processes that connect the brain and the spinal cord with
receptors muscle and glands. The brain is one of the largest organs of the body weighing about
1300 grams( 3lbs) and made up about 1000 billions neurons, and form a mushroom shape.
Nervous system operates in the body, one of the examples of this simple lay-out of the
chain reaction process. A stimulus is given by way of pricking a needle into the finger the brain
serving as the highest headquarter for the system, is now activates and thus, awakened; in
pricking it start with finger, such stimulus are immediately received by the receptor, and this
receptor CALLED as the human sense
Two Subdivision of peripheral Nervous System
Afferent ( sensory Input)
Consist of nerve cells that convey information from receptors in the periphery of the body to the
CNS
Efferent ( Neuromotor Output)
Consist of nerves cells that convey information from the CNS to muscles and glands
a.Somatic Nervous system
Consist of efferent neurons that conduct impulses from the CNS to skeletal muscle tissue SMS
produces movement only in the skeletal muscle tissue and under the conscious control and it is
voluntary
b.Autonomic(Involuntary) Nervous System
Consist of efferent neurons that convey impulse form the CNS to smooth muscles tissues such
as the heart and glands ( secretory organs). since it produce involuntary responses and glands.
Physiological Effector Mechanism / Autonomic Nervous System
The autonomic nervous system is the main effector mechanism which the
polygraph are concerned. The autonomic nervous system is the one responsible for
regulating mechanism that corrects the slightest deviation from a particular standard
within very fine limits, the activity of all cells membrane are finely adjusted. And this is found
at the center of the brain and its central control in the “hypothalamus” as a group of the
nerve cells of the brains that controls the entire endocrine hormonal system. All
involuntary reflexes those that we cannot control consciously such as the heartbeat, pulse rate,
increase and decrease of the blood pressure and the expansion and constriction of arteries of
arteries are governed by the autonomic nervous system.
The Sympathetic Nervous System (SNS)
Concerned with process involving the expenditure of energy when one is in condition of stress
like the heart rate, blood pressure, dilatation of the pupil, and rapid and deep breathing release
of epinephrine( adrenaline) and norepinephrine
To get all the facts of the case regarding the offense under investigation and the purpose
of the polygraph test is to determine whether the subject is telling the truth or not based on the
presence of emotional disturbance of the subject as appearing on the recorded physiological
responses to question relative to the case under investigation.
Polygraph Test Inadmissible as Evidence
Is polygraph examination conclusive? The answer is no it is only opinionated.
The following are the reasons why the results of the polygraph examination are not
admissible as evidence in court.
because it has not been standardized as to instrumentation
It has not been standardized as to the test or method of questioning procedure and
As to the qualification of polygraph examiner
It is the fastest and most accurate means of verifying statement of a job applicant from
derogatory remarks by a previous employer who bears personal grudge against him.
Periodic Screening –
It is the best way of the company to determine dishonest employees who are
responsible for company losses and
Promotion-
There are instances wherein the company has difficulty in deciding between two or more
candidates to be promoted polygraph test helps to determine who is the most qualified as well
as employees future intents against the company
The Examiner interview with the subjects prior to the test is considerable importance
both for the purpose of conditioning the subject for examination and also to provoke and
observe indications of guilt or innocence which are often forthcoming. The time interval for the
pre – test interview will usually range from 20 to 30 minutes.
The examiner should not withhold any information from the subject about the instrument,
its attachment or recordings. The subject who is about to be tested should be informed about
the nature and general purpose of the test; the instrument should be pointed out to him as one
which is capable of determining whether or not a person is telling the truth about any given
matter.
Subject should be informed that it records certain physiological changes occur within the
body and that the instrument will not cause any physical pain except for a slight temporary
discomfort occasioned by the blood pressure cuff.
The answer of the subject to all questions is limited by Yes or No to avoid distortion
tracing on the chart.
D. Post Test Interview / Interrogation
This phase includes or consideration just after the instrument turns 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 that the subject is
innocent, the examiner just release him cordially and not to forget to say thank you to the
subject after the said test.
Thus the person can keep an invariable look, seem easy, is direct look in the face, smile,
laugh, assert, that he speaks the truth and not to give a sign in any way that he lies, but to
constrain activity of the brain and physiological reactions of an organism it not in a condition,
because they are not under control
Preliminary Preparation
In order to conduct satisfactory polygraph examination, it is necessary for the examiner to obtain
first accurate information regarding all the available facts and circumstances that will be a basis
of suspicion or accusation directed against the person to be examined.
When all other possible person available for interview. Whenever the several investigators the
examiner may obtain only garbled version of facts of the case. One of the information must
obtain by the examiner is the investigative report of the investigator handle the case.
Preparation of the subject prior to the test
One of the important things to be observed in any investigation or interrogation the law
enforcement officer should follow the basic procedure; in polygraph examination the examiner
should observe the following before he /she conduct the test:
Use of the polygraph or any other scientific tool or technique in a forensic setting;
wherein the rights of the individuals are involved should base 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 determine the validity and
reliability of the polygraph; first it is very difficult to simulate psycho physiological 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 suspect in an actual crime are just not present, second it is
difficult to determine validity and reliability by studying polygraph results in actual criminal cases
the complete truth regarding the crime and its perpetrator is generally unavailable and
conclusion reached by polygraph examiners are normally not subject to full confirmation.
The Computerized Polygraph LX5000-S is the world's most advanced polygraph (lie
detector) capable of simultaneously recording changes in several physiological variables while
the subject is asked a series of questions pertaining to a specific issue under investigation
Court Ruling on Polygraph Test
People vs Adoviso :116196-97 : June 23, 1999 : J. Kapunan GR No. 116196; June 23,
1999
FACTS: Pablo Adoviso, allegedly a member of the Citizens Armed Forces Geographical Unit
(CAFGU) andfour John Does, were tried for the MURDER of Rufino Agunos and Emeterio
Vazquez. Pablo Adoviso was positively identified by Bonifacio Agunos, the son of one of the
victims, because the former did not wear amask in the perpetration of the crime. Aside from
denial and alibi, the defense also offered in evidence the testimony of Ernesto A.
Lucena,Polygraph Examiner II of the National Bureau of Investigation (NBI) in Manila, who
conducted a polygraphtest on Adoviso. In Polygraph Report No. 900175,
appellant argues that the negative result of the polygraph test should be given weight to tilt the
scales of justice in his favor. ISSUE: Whether or not the result of the polygraph test should be
given weight and be admitted as evidence? HELD: NO. A polygraph is an electromechanical
instrument that simultaneously measures and records certain physiological changes in
the human body that are believed to be involuntarily caused by an examinee’s conscious
attempt to deceive the questioner.
The theory behind a polygraph or lie detector test is that a person who lies
deliberately will have a rising blood pressure and a subconscious block inbreathing,
which will be recorded on the graph. However, American courts almost uniformly reject the
results of polygraph tests when offered in evidence for the purpose of establishing the guilt or
innocence of one accused of a crime , whether the accused or the prosecution seeks its
introduction, for the reason that polygraph has not as yet attained scientific acceptance as
a reliable and accurate means of ascertaining truth or deception. The rule is no different
in this jurisdiction.
G.R. No. 82189 August 2, 1990
PORFIRIO AUXILIO, JR., petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION,
BAGUIO COUNTRY CLUB CORPORATION and LOLITA GENOVE, respondents.
Benjamin C. Rillera for petitioner.
Ernesto P. Pangalangan for private respondents.
On January 17, 1982, the amount of Fifteen Thousand Pesos (P15,000.00), which had
been placed in the cashier's office of the Baguio Country Club, was found to be missing. The
loss was brought to the attention of the management on January 18, 1982. Upon receipt of the
report, the Baguio City Police Department (INP) forthwith conducted a spot investigation.
Police investigation ruled out signs of forcible entry or robbery, and concluded that it was
an "inside job." Accordingly, all employees of the Country Club who had access to the cashier's
office, including the petitioner, were invited for questioning. All of them denied having stolen the
money. They were then subjected to a Polygraph examination conducted by the NBI.
The results of the Polygraph Examination revealed that petitioner could not fully explain
his answers to vital questions relative to the missing money. He was again invited to the Police
Headquarters for further investigation, but he refused to attend and said that he was not feeling
well when he was under the polygraph examination (Comment of Solicitor General, p. 3).
In the polygraph report on the petitioner dated February 16, 1982, it was declared that
petitioner offered no satisfactory explanation for the adverse result of the polygraph test
conducted on him. All the other employees subjected to the same examination showed no
indications of deception as they explained their side satisfactorily that they did not steal the
money.
Petitioner Porfirio Auxilio, Jr. claims that he was denied due process of law because the
grievance procedure provided in the Collective Bargaining Agreement (CBA) was not strictly
observed. He likewise maintains that with the rejection by the Labor Arbiter of the probative
value of his flight, the Special Investigation Report and Polygraph Report, his dismissal from
employment is not legal.
People v. Daniel
Stating that much faith and credit should not be vested upon a lie detector test as it is
not conclusive. Appellant, in this case, has not advanced any reason why this rule should not
apply to him. Appellant was therefore correctly adjudged guilty of two counts of Murder.
Treachery qualified the killings to murder. There is treachery when the offender commits any of
the crimes against the person, employing means, methods or forms in the execution thereof
which tend directly and specially to insure its execution, without risk to himself arising from the
defense which the offended party might make. In other words, there is treachery when the
attack on an unarmed victim who has not given the slightest provocation is sudden, unexpected
and without warning. The victims in this case were totally unaware of an impending assault
The result of the polygraph test whether it may become admissible in court, the answer
is always lies on the discretionary power of the trial judge. The court's discretion in determining
whether such evidence may be admitted should be exercised in accordance with flexible
standards designed to maximize the probative value and minimize the potential dangers of
expert testimony based upon the results of polygraph examinations. These standards should
pertain specifically to the form and manner of stipulation, the prerequisites for admissibility, the
mode of presenting such testimony, the purposes for which the evidence may be introduced and
the weight and effect which should be accorded such evidence by the trier of fact.
The result of the polygraph test be admitted if this requirement is strictly observe