MODULE 13

ADMI SSIBIL I TY
P O LY G R A P H
OF
BY BSC-3A GROU P 13
R E S U LT
Lie Detection Techniques
 MODULE 13
Villarazo, Lovejanne L.
1st Facilitator

AD MIS SIBIL ITY OF POLYGRAPH

PHILLIPINE SETTING
RESULTS
People v. Adoviso
People v. Daniel

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 P E O P L E V. A D O V I S O

Defendant Pablo Adoviso was convicted of Two Counts of Murder

by the Regional Trial Court (RTC) of Camarines Sur in March 25,
1994. Adoviso undergone polygraph test in the National Bureau of
Investigation administered by Ernesto A. Lucena.

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 P E O P L E V. A D O V I S O

According to Lucena, "Adoviso's polygrams revealed that there

were no specific reactions indicative of deception to pertinent
questions relevant" to the investigation of the crime.

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 P E O P L E V. A D O V I S O

On defendant's appeal with the Supreme Court, defendant contend

that the RTC rendered the judgement of conviction on the basis of
"mere conjectures and speculations"

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 P E O P L E V. D A N I E L

The defendant was indicted and convicted of the crime of rape

by the Court of First instance of Baguio City in May 30, 1966.

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 P E O P L E V. D A N I E L

The appellant voluntarily submitted to a lie detector test with the

National Bureau of Investigation (NBI) and the report of the lie
detector examinee is an appellant's favor.

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 P E O P L E V. D A N I E L

The Supreme Court ruled that:

"On this matter, we find the trial Judge's observations and conclusions
meritorious, and we quote from his decision that as to the NBI lie detector
test report, the Court does not put much faith and credit on it. it is well
known that the same is not conclusive. Its efficacy depends upon the time,
place and circumstances when taken and the nature of the subject"

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 P E O P L E V. D A N I E L

Rule 130 section 49 of the Rules on Evidence provides that:

"The opinion of a witness on matter requiring special

knowledge, skill, experience or training which he shown to
possess, may be received in evidence."

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 MODULE 13
Segunto, Rafhael G.
2nd Facilitator

AD MI SSIBIL ITY OF POLYGRAP H

FOREIGN CASES
RESULTS
United States vs. Frye

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 U N I T E D S TAT E S V S . F R Y E

In 1921, a young Negro named James A. Frye was picked up for

questioning about a robbery and was interrogated about the murder
of a wealthy Negro physician who had been shot to death in his
office in November 1920. Frye denied any knowledge of the
murder.

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 U N I T E D S TAT E S V S . F R Y E

In an attempt to arrive at the truth, Frye’s attorney solicited the aid of Dr.
William Marston, a scientist and inventor of systolic blood pressure during
questioning, using a standard medical blood pressure cuff and stethoscope,
requiring repeated inflation of the pressure cuff to obtain recordings at
intervals during examination. For that reason, it was called the
“discontinuous technique”.

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 U N I T E D S TAT E S V S . F R Y E

The court rejected Marston's systolic blood pressure deception test as

evidence, holding that the lie detection test has not yet received general
acceptance in the scientific holding that the lie detector test has not y
community as a valid means of verifying the truth and detecting deception.

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 U N I T E D S TAT E S V S . F R Y E

Three years later, Frye was freed as a result of further investigation

which revealed that his friend who had dupe him into making a false
confession was the real murderer of the wealthy physician. The district
court held that polygraph result is inadmissible as evidence and stated
that scientific evidence to be admissible it must have "gained general
acceptance" in the particular field in which it belongs.

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 U N I T E D S TAT E S V S . F R Y E

For several years, the Frye Opinion became the basis of determining the
admissibility of scientific evidence in United States an ad an
international influence in admitting scientific evidence especially
polygraph result in different courts throughout the world but not until in
the case of Daubert v. Merrell Dow Pharmaceuticals decided by the U.S
Supreme Court in 1993.

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 MODULE 13
Villagracia, Jeramae C.
3rd Facilitator

AD MI SSIBIL ITY OF POLYGRAP H

FOREIGN CASES
RESULTS
Daubert v. Merrell Dow Pharmaceuticals

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D A U B E R T V. M E R R E L L D O W P H A R M A C E U T I C A L S

• In the 1950s, Merrell Dow Pharmaceutical develop a drug called

Bendectin.
• Despite the allegations against Merrell Dow, it was never clear
that Bendectin caused birth defects.
• Daubert brought a case against Merrell Dow Pharmaceuticals.

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D A U B E R T V. M E R R E L L D O W P H A R M A C E U T I C A L S

• It was revealed that the plaintiff’s evidence didn’t meet the standard of
“general acceptance” for admission of expert testimony.
• Therefore, the defendants won the case.
• The US Supreme Court ruled that the 1923 Frye test was superseded
by the 1975 Federal Rules of Evidence, specifically Rule 702
governing expert testimony.

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D A U B E R T V. M E R R E L L D O W P H A R M A C E U T I C A L S

• Rule 702
• The testimony is based upon sufficient facts or data.
• The testimony is the product of reliable principles and methods.
• The witness has applied the principles and methods reliably to the
facts of the case.

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 D A U B E R T V. M E R R E L L D O W P H A R M A C E U T I C A L S

• In Daubert v. Merrell Dow Pharmaceuticals (1993), the old Frye

Standard was lifted and all forensic evidence including polygraph had to
meet the new Daubert Standard.
Daubert Standard – underlying reasoning or methodology is scientifically
valid and properly can be applied to the facts.
• Daubert opened the door for new techniques or methods to be used in
federal cases.

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 MODULE 13
Suganob, Cyrus D.
4th Facilitator

AD MI SSIBIL ITY OF POLYGRAP H

FOREIGN CASES
RESULTS
United States vs. Posado, et al.

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 U N I T E D S TAT E S V S . P O S A D O , E T A L .

In 1995, in United States v. Miriam Henao Posado, Pablo Ramirez and

Irma Clemencio Hurtado, the defendants were each indicted and
subsequently convicted of one count of conspiracy to possess and one
count of possession with intent to distribute in excess of five kilograms
of cocaine.

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 U N I T E D S TAT E S V S . P O S A D O , E T A L .

Prior to the trial, the defendants arranged to submit to polygraph tests to establish the
truth of the assertions in their affidavits. Well, before the test was given, counsel for
the defendants contacted the prosecution and extended the opportunity to participate
in the tests. The defendants also offered to stipulate that the results would be
admissible in any way the government wanted to use them at trial or otherwise. The
prosecution declined this opportunity. Subsequently, the defendants were examined by
polygraph experts Paul K. Minor and Ernie Hulsey in separate examinations.

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 U N I T E D S TAT E S V S . P O S A D O , E T A L .

Both Minor and Hulsey concluded that in each case “deception was not
indicated”. Thereafter, the defendants moved for an order allowing Minor
and Hulsey to testify regarding the results of the three tests at the pretrial
hearing or, in the alternative for a hearing on the admissibility of polygraph
results as expert evidence under the Federal Rules of Evidence and the
standards enunciated by the Supreme Court in Daubert v. Merrill Dow
Pharmaceutical.

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 U N I T E D S TAT E S V S . P O S A D O , E T A L .

On appeal, the defendants contend that Daubert required the district court to
conduct a hearing on the admissibility of the polygraph evidence as expert
testimony under Federal Rule of Evidence 702. The District court’s decision was
reversed, the defendant’s convictions were vacated and the case was remanded to
the district court for consideration of the evidentiary reliability and relevance of the
polygraph evidence proffered by the defendants under the principles embodied in
the Federal Rules of Evidence and the Supreme Court’s decision in Daubert.

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 MODULE 13
Torres, Roy Ryan S.
5th Facilitator

AD MI SSIBIL ITY OF POLYGRAP H

FOREIGN CASES
RESULTS
United states vs. Galbreth

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 U N I T E D S TAT E S V S . G A L B R E T H

Again in 1995, in united states v. Galbreth, this case had a motion

submitted for a Daubert hearing for the admissibility of polygraph
evidence. Defendant William Galbreth was inducted of three counts of
willful tax evasion for intentionally filing returns which underreported
his income.

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 U N I T E D S TAT E S V S . G A L B R E T H

Defendant failed to include on his income tax returns certain items of

income which should have been reported. The defendant filed a
motion to determine whether Dr. Raskin’s testimony is admissible
pursuant to the standard enunciated by the united states supreme court
in Daubert v. Merrell Dow Pharmaceuticals, Inc.

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 U N I T E D S TAT E S V S . G A L B R E T H

The court ruled:

“Wherefore it is ordered that defendants motion to admit

expert opinion evidence regarding polygraph results be and her
by is granted.”

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 MODULE 13
Vargas, John Kerby E.
6th Facilitator

AD MI SSIBIL ITY OF POLYGRAP H

FOREIGN CASES
RESULTS
United States vs. Piccinonna

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 U N I T E D S TAT E S V S . P I C C I N O N N A

In 1989, in US vs. Piccinona, the U.S. Court of Appeals held that the
results of a polygraph examination are admissible in evidence either
upon stipulation of the parties or to impeach or corroborate the
testimony of a witness at trial.

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 U N I T E D S TAT E S V S . P I C C I N O N N A

The pre-requisites for the results to be admissible must be considered whether:

• the party planning to use the evidence at trial must provide adequate notice
to the opposing party that the expert testimony will be offered;
• the opposing party must be given reasonable opportunity to have its own
polygraph expert administer a test covering substantially the same
questions;

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 U N I T E D S TAT E S V S . P I C C I N O N N A

The pre-requisites for the results to be admissible must be considered whether:

• the admissibility of the polygraph administrator’s testimony will be

governed by Federal Rules of Evidence for the admissibility of
corroboration or impeachment testimony.

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 MODULE 13
Zaballa, Dave Angelo M.
7th Facilitator

AD MI SSIBIL ITY OF POLYGRAP H

FOREIGN CASES
RESULTS
State of Mexico vs. Dorsey

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 S TAT E O F M E X I C O V S . D O R S E Y

In New Mexico, the Supreme Court, in State v. Dorsey in 1973, ruled

that "Polygraph results are admissible as long as (1) the polygraph
operator is competent, (2) the procedure used is reliable, and (3) the
"tests made on the subject" are valid."

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 S TAT E O F M E X I C O V S . D O R S E Y

In 1983, New Mexico then codified the admissibility of polygraph results with
the Rules of Evidence, which states that:

"Subject to the provisions of these rules, the opinion of a polygraph

examiner may in the discretion of the trial judge be admitted as evidence
as to the truthfulness of any person called as a witness if the examination
was performed by a person who is qualified as an expert polygraph
examiner."

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 S TAT E O F M E X I C O V S . D O R S E Y

The impact of the cited cases have had not to mention other cases
decided by the US Courts, primarily of Daubert, polygraph
examination admissibility is changing in many states and countries. It
only shows that polygraphy has progress to a level of acceptance
sufficient to be admitted as evidence.

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 MODULE 13

T HANK YOU!
ADMISSIBILITY OF POLYGRAPH
Most often, polygraph results are not admitted as evidence. However, there are some countries that accept

RESULT
polygraph examination as evidence.

Lie Detection Techniques

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