Chapter II

DETECTION
The knowledge of the truth is an essential requirement for the
administration of criminal justice. The success or failure in making
decisions may rest solely on the ability to evaluate the truth or
falsity of the statement given by the suspect or witness. The task
for its determination initially lies on the hand of the investigator.
Modern scientific methods have been devised utilizing knowledge
of physiology, psychology, pharmacology, toxicology, etc. in deter-
mining whether a subject is telling the truth or not. Although the
scientific methods of deception detection have not yet attained
legal recognition to have their results admissible as an evidence in
court, they have been considered very useful as aids in criminal
investigation.

Methods of deception detection which are currently being used or

applied by law enforcement agencies may be classified as follows:
1. Devices which record the psycho-physiological response:
a. Use of a or a lie detector machine
b. Use of the word association test
Use of the psychological stress evaluator
Use of drugs that try to the
a. Administration of
or
Intoxication
3. Hypnotism
4. By observation
5. Scientific interrogation
jo. Confession

i I. RECORDING OF THE RESPONSE

The nervous control of the human body includes the central
nervous system (the brain and the spinal cord) and the autonomic
or regulating nervous system (sympathetic and parasympathetic).
The central nervous system primarily controls motor and sensory
functions that occur at or above the threshold. It may be voluntary.
The autonomic nervous system acts as a self-regulating autonomic
response of the
21
22 LEGAL MEDICINE

The autonomic nervous system is composed of two complimentary

branches: the sympathetic and the parasympathetic nervous system,
acting opposite each other. The fibers of both enervate are all or-
gans where is essential.
When a person is under the influence of physical (exertion) or
emotional (anger, excitement, fear, lie detection, etc.) stimuli, the
sympathetic will dominate and over-ride the parasympathetic, thus,
there will be changes in the heart rate, pulse rate, blood pressure,
respiratory tracing, psychogalvanic reflexes, time of response to
question, voice tracing, etc. The parasympathetic nervous system
works to restore things to normal when the conditions of stress have
been removed. It is the dominant branch when the condition is
normal and the subject is calm, contented and relaxed.
The recording of some of the psycho-physiological reaction of a
subject when he is subjected to a series of questions, and the scien-
tific interpretation by trained experts are the basis of the tests.
A. Use of a Lie Detector or
It is not appropriate to call a lie detector a polygraph. A lie
detector records physiological that occur in association
with lying in a polygraph. It is the fear of detection of the subject
which allows the determination. The fear of the subject when not
telling the truth activates the sympathetic nervous system to a
series of automatic and involuntary physiological changes which
are recorded by the instrument.
The instrument detector) is like an electrocardiogram or
electroencephalogram with recording stylets making tracings on
moving paper at the rate of 6 inches per minute.
The test must be made in a room especially built for the pur-
pose. It must be quiet, private, sound-proof and free from any
disturbances and distractions. noises, like blowing of
horns, ringing of bells or telephone and loud conversations of
persons must be avoided.
The subject is seated on a chair beside a table where the instru-
ment is located. The pneumograph tubes are placed around the
chest and abdomen, the blood pressure cuff around the upper
right arm, and the electrodes are attached to the two fingers of
the other hand. The back of the chair is equipped with an infla-
table rubber bladder for the purpose of recording the muscular
contraction and pressure. All the gadgets attached are connected
to the recording instrument. The subject must be placed a
position so that he looks straight ahead.
The subject is instructed to remain as quiet as possible, to
answer all questions by or "no", and to refrain from other
 DECEPTION DETECTION 23
verbal responses during the test. If any explanations are to be
made, the subject is instructed to wait until the termination of
the test.
Phases of the Examination:
interview
2. Actual interrogation and recording through the instrument
3. Post-test interrogation
1. Pre-test interview:
Before the actual testing is done, the examiner must first
make an informal interview of the subject which may last from
20 to 30
a. Purpose of the interview:
(1) To determine whether the subject has any medical or
psychiatric condition or has used drugs that will prevent
the testing;
(2) To explain to the subject the purpose of the
(3) To develop the test questions, particularly those of the
types to be
(4) To relieve the truthful subject of any apprehension as
well as to satisfy the deceptive subject as to the efficiency
of the
(5) To know any anti-social activity or criminal record of
the subject.
2. Actual interrogation and recording:
With all the gadgets attached to the body of the subject, the
instrument will start running by applying pressure on a button.
The subject then will be asked to answer the following standard
test questions:
a. — These are questions which have no
bearing to the case under investigation. The question may
refer to the subject's age, educational attainment, marital
status, citizenship, occupation, etc. The examiner asks these
types of questions to ascertain the subject's normal pattern
of response by eliminating the feeling of apprehension.
b. Relevant questions — These are questions pertaining to the
issue under investigation. They must be unambiguous,
unequivocal and understandable to the subject. They must
all be related to one issue or one criminal act. It is equally
important to limit the number of relevant questions to avoid
discomfort to the subject. Relevant questions must be very
specific to obtain an accurate result.
24 LEGAL MEDICINE

Examples of relevant questions are you shoot to

death Mr. "Did you take the ring, wrist watch, and
wallet of Mr. after his
Control — These are questions which are unrelated
to the matter under investigation but are of similar nature
although less serious as compared to those relevant questions
under investigation.
If someone is being investigated for murder by shooting,
the control questions may be "Have you ever used or fired
a gun? "Do you have a gun? "Have you killed someone
with a gun? etc.
In practice, the relevant — irrelevant question technique is
used. The responses to the two types of questions are com-
there is no significant difference between the relevant
and irrelevant questions, the subject is reported to be truthful.
However, if the subject responds more to the relevant questions,
he is considered as not telling the truth.
The use of control questions is considered by many
to be the most reliable and effective questioning tech-
nique. These are usually asked if there is doubt in the inter-
pretation of the response to relevant and irrelevant
questions.
3. Post-test interrogation:
The purposes of further questioning after the test
a. To clarify the findings;
b. To learn if there are any other reasons for the subject's
responding to a relevant question, other than the knowledge
of the crime;
To obtain additional information and an admission for law
enforcement purposes, if the results suggest deception.
4. Supplementary tests:
Aside from the standard tests described above, the following
special tests may be and incorporated as a part of the
standard procedure or may be used as supplementary tests
depending upon the result of the standard test in order to draw
a better conclusion.
a. test — The subject may be given this test if
he is not yet of the details of the offense which
he is being interrogated by the investigator, or by other
persons or from other sources like the print media.
The examiner will prepare several questions, about seven,
and one of them has a specific bearing on the matter under
investigation. The specific question must refer to some
 DECEPTION DETECTION 25
of the incident which could not have been known to
the subject.
A truthful subject, not aware of any question
to the subject of investigation, will respond by not building
up tension. However, when the question which refers to a
detail of the incident is asked, a guilty subject will develop
a of which will be recorded in the tracing.
b. Guilt complex test — This test is applied when the response
to relevant and control questions are similar in degree and
consistency and in a way that the examiner cannot determine
whether the subject is telling the truth or not.
The subject is asked questions aside from the irrelevant,
relevant and controlled questions; a new series of relevant
questions dealing with a real incident and that which the
subject could not have committed. If the subject does not
respond to the added relevant questions, it indicates that the
subject was being deceptive as to the primary issue under
investigation. However, no conclusion can be drawn if the
response to the added guilt complex question is similar to
the real issue questions.
Silent test — This test is conducted in the same
manner as when relevant, irrelevant and control questions
are asked, but the subject is instructed to answer the ques-
tions silently, to himself, without making any verbal re-
sponse. This test is effective when the subject's verbal
response causes distortion in the tracing such as sniff or
clearing of the throat. (Modern Legal Medicine, Psychiatry
and by William Louis
& Petty, F. A. Davis Company, Philadelphia, 1980
p. 1187-1205).
Reasons for the Inadmissibility To the Court of the Result of
Polygraph
The polygraph techniques are still in the experimental stage and
have not received the degree of standardization of acceptance
among scientists.
In a series of decisions of the state supreme courts in the
United States v. U.S., State v. Bonner People v.
Becker People v. Forte, State v. Cole (Beech v.
State People v. etc.),
of the lie detector test was uniformly ruled. The com-
mon reason given was that, according to physiological and
psychological authorities, the test has not gained a degree of
development beyond the experimental stage. Until it is es-
 LEGAL MEDICINE
that reasonable certainty follows from such a test, it
would be an error to admit the results as evidence. The test
is useful in the investigation of a crime but it has no place
the courtroom.
2. The trier of fact is apt to give almost conclusive weight to the
polygraph expert's opinion.
3. There is no way to assure that a qualified examiner admin-
istered the test. The polygraph is capable of a high degree of
accuracy only when conducted under controlled conditions by
an examiner who is highly qualified due to his ability, ex-
perience, education and integrity.
"The important areas that may affect the accuracy of the
reported test result. be his training
(2) the extent of his experience with respect to the years and
number of tests he has conducted, (3) the operation of the
polygraphy instrument itself (4) the accuracy of the polygraph
technique. In addition, special consideration should be given
to the number of tests and the number of questions asked
during the test. (Modern Legal Psychiatry and
Forensic Sciences, by et. p. 1203).
4. Since the polygraph involves a certain unconscious quality of
the examinee, he may unwittingly waive his or her right against
self-incrimination. It becomes necessary to determine the
scope of the defendant's waiver if he voluntarily submits to
the test. (Am. J. of Trial Advocacy, Vol. 4, p.593).
5. The test itself cannot be relied upon because it has many errors.

The factors that are responsible for the errors of the lie
detector are as follows:
1. Nervousness or extreme emotional tension experienced by a
subject who is telling the truth regarding the offense in
tion but who is nevertheless affected by:
a. Apprehension induced by the mere fact that suspicion or
accusation has been directed against
b. Apprehension over the possibility of an inaccurate lie-
detector test result;
Over-anxiety to cooperate in order to assure an accurate
test
d. Apprehension concerning possible physical hurt from the
instrument;
e. Anger resentment over having to take a lie-detector test;
f. Over-anxiety regarding serious personal problems unrelated
to the offense under
 DECEPTION DETECTION 27
g. extensive interrogation, especially when accom-
panied by physical and
h. A guilt-complex or fear of detection regarding some other
offense which he had committed.
2. abnormalities such as:
a. Excessively high or excessively low blood pressure;
b. Diseases of the heart; and
Respiratory disorder.
3. Mental abnormalities such as:
a. Feeblemindedness, as in idiots, imbeciles and morons;
b. Psychosis or insanities, as in manic-depressives, paranoids,
schizophrenics, paretics, etc.
Psychoneurosis and psychopathia, as among the so-called
or stable" persons — Those who
are neither psychotic or normal, and those from the border-
line between these two groups.
4. Unresponsiveness in a living or guilty subject, because of:
a. No fear of
b. Apparent inability to consciously control response by means
of certain mental sets of attitudes;
A condition of "sub-shock" or "adrenal exhaustion" at the
time of the
d. Rationalization of the crime in advance of the test to such an
extent that lying about the offense arouses little or no emo-
tional disturbance.
e. Extensive interrogation prior to the test.
5. Attempt to "beat the by controlled breathing or by
muscular flexing.
6. Unobserved application of muscular pressure which produces
ambiguities and misleading indications in the blood pressure
tracing (Lie Detection Interrogation by Fred
and John Reid, The Williams & Wilkins Co., p. 65).
However, the results of the lie detector test may be admissible if
there is a stipulation of the parties and counsels that they will
accept results. The reason is that if the defendant agrees to
the admission of the polygraph result, then he should not be able
to object if the subsequent result turns out to be unfavorable to
him (State v. Valdez, 91 Ariz. 274, 371 p. 2d 894 (1962). The
judge may have the discretion as to whether it is to be admitted or
not. For example, it may not be admitted if done by an incom-
petent
Can a person be compelled to be subjected to the
28 LEGAL MEDICINE
Inasmuch as the test requires the subject to answer the ques-
tions either by "yes" or "no", it infers the use of intelligence and
attention or other mental faculties which is self-incriminatory.
Therefore, a person cannot be compelled to be subjected to the
test.
B. Use of the Word Association Test:
A list of stimulus and non-stimulus words are read to the sub-
ject who is instructed to answer as quickly as possible. The
answers to the questions may be a "yes" or a Unlike the
lie detector, the time interval between the words uttered by the
examiner the answer of the subject is recorded.
When the subject is asked questions with reference to his name,
address, civil status, nationality, etc. which has no relation to the
subject-matter of the investigation, the tendency is to answer
quickly. But when questions bear some words which have to do
with the criminal act the subject allegedly committed, like knife,
gun or hammer which was used in the killing, the tendency is to
delay the answer.
The test is not with the answer, be it a "yes" or
"no". The important is the time of response in relation
to stimulus or non-stimulus words.
Like the use of the lie detector, the subject cannot be com-
pelled to be subjected to the test without his consent.

Use of the Psychological Stress Evaluator

When a person speaks, there are audible voice frequencies, and
superimposed on these are the inaudible frequency modulations
which are products of minute oscillation of the muscles of the
voice mechanism. Such oscillations of the muscles or tre-
mor occur at the rate of 8 to 14 cycles per second and controlled
by the central nervous system.
When a person is under stress as when he is lying, the micro-
tremor in the voice utterance is moderately or completely sup-
pressed. The degree of suppression varies inversely to the degree
of psychologic stress in the speaker.
The psychological stress evaluator (PSE) detects, measures, and
graphically displays the voice modulations that we cannot hear.
When a person is relaxed and responding honestly to the ques-
tions, those inaudible frequencies are registered clearly on the instru-
ment. But when a person is under stress, as when he is lying,
these frequencies tend to disappear.
 DECEPTION DETECTION 29
Procedure:
a. The examiner meets the requesting party to determine the
specific purpose of the examination and to begin formula-
tion of relevant questions.
b. A pre-test interview is conducted with the subject to help
him or her feel at ease with the examiner, to provide an
opportunity to specify matters, to eliminate outside issues,
and to review questions that will be asked.
An oral test of about 12 to 15 or questions is
given which is recorded on a tape recorder. The questions
are a mixture of relevant and irrelevant questions.
Immediately following the test or at a later time, the tape is
processed through the Psychological Stress Evaluator for
analysis of the answers.
e. If stress is indicated, the subject is given opportunity to
provide additional clarification. A retest is given to verify
correction and clarification (Legal Medicine 1980, Cyril
ed. p. 58).
2. Advantages of Psychological Stress Evaluator over the Lie
Detector Machine:
a. It does not require the attachment of sensors to the person
being tested.
b. The testing situation need not be carefully controlled to
eliminate outside distraction; and
Normal body movement is not restricted.
II. USE OF DRUGS THAT "INHIBIT THE
Administration of Truth
The term "truth serum" is a misnomer. The procedure does not
make someone tell the truth and the thing administered is not a
serum but is actually a drug.
In the test, hyoscine hydrobromide is given hypodermically in
repeated doses until a state of delirium is induced. When the
proper point is reached, the questioning begins and the subject
feels a compulsion to answer the questions truthfully. He forgets
his alibi which he may have built up to cover his guilt. He may
give details of his acts or may even implicate others.
The drug acts as depressant on the nervous system. Clinical
evidence indicates that various segments of the brain particularly
the cortex and diencephalon are selectively depressed in the
reversed order of their evolutionary development.
The use of drugs for the purpose is not without the element of
danger and should not be attempted except by a physician who
30 LEGAL MEDICINE
has had experience in using the drug. Scopolamine may sometime
cause psychotic reactions.
Statements taken from the subject while under the influence of
truth serum are obtained hence they are not admissi-
ble as evidence. Because of the potential risks involved in the appli-
cation of the procedure, it is seldom used by law-enforcement
agencies.
B. Narcoanalysis or
This method of deception detection is practically the same as
that of administration of truth serum. The only difference is the
drug used. Psychiatric sodium or sodium is
administered to the subject. When the effects appear, questioning
starts. It is claimed that the drug causes depression of the inhi-
bitory mechanism of the brain and the subject talks
The administration of the drug and subsequent interrogation
must be done by a psychiatrist with a long experience on the line.
Like the administration of truth serum, the result of the test is
not admissible in court.
Intoxication with
The apparent stimulation effect of alcohol is really the result of
the control mechanism of the brain, so alcohol, like truth serum,
and drugs "inhibit the
The ability of alcohol to reveal the real person behind the
mask which all of us are said to wear sanity") is reflec-
ted in the age-old maxim, "In vino Veritas" wine there is
truth"). (Pathology of Homicide by Lester Adelson, Charles
Thomas, 1974, p. 895).
The person whose statement is to be taken is allowed to take
alcoholic beverages to almost intoxication. this point the power
to control diminishes and the investigator starts pounding ques-
tions and recording answers.
The questioning must start during the excitatory state when the
subject has the sensation of his well-being and when his action,
speech and emotions are less due to the lowering of the
inhibition normally exercised by the higher brain centers. When
the subject is already in the depressive state due to the effect of
alcohol, he will no longer be able to answer any question.
Confessions made by the subject while under the influence of
alcohol may be admissible if he is physically capable to recollect
the facts that he has uttered after the effects of alcohol have
disappeared. 3ut in most instances, the subject cannot recall
everything that he had mentioned or he may refuse to admit
the truth of the statement given.
 DECEPTION DETECTION 31
III. HYPNOSIS
Hypnosis is the alteration of concentration in
which the subject manifests a heightened of suggestibility while
awareness is maintained.
Not all persons are susceptible to hypnotic induction. Subjects
who are compulsive-depressive type, strong-willed like lawyers,
accountants, physicians and other professionals are usually non-

Reasons Why Deception Detection Obtained Through Hypnosis Is

Not Admissible in Court:
1. It lacks the general scientific acceptance of the reliability of
hypnosis per se in ascertaining the truth from
2. The fear that the trier of fact will give uncritical and absolute
reliability to a scientific device without consideration of its flaw
in ascertaining veracity.
3. The possibility that the hypnotized subject will deliberately
fabricate;
4. The prospect that the state of heightened suggestibility in which
the hypnotized subject is suspended will produce distortion of the
fact rather than the and
5. The state of the mind, skill and professionalism of the examiner
are too subjective to permit admissibility of the expert testimony
(Am. J. of Trial Advocacy, 1981, p. 603).
Confession while under hypnotic spell is not admissible as
evidence because such "psychiatric treatment" is involuntary and
mentally coersive (Leyra v. 347 U.S. 556, 74 S. Ct. 716,
98, 948 (1954).
Although hypnosis may not yield admissible evidence it may be
of some use during investigation as a discovery procedure.

A good criminal investigator must be a keen observer and a good

psychologist. A subject under stress on account of the stimulation of
the sympathetic nervous system may exhibit changes which may be
used as a potential clue of deception. And since just one or a com-
bination of the following signs and symptoms is not conclusive or a
reliable proof of guilt of the subject, their presence infers further
investigation to ascertain the truth of the impression.

Physiological and Psychological Signs and Symptoms of Guilt:

1. Sweating — Sweating accompanied with a flushed face indicate
anger, embarrassment or extreme nervousness. Sweating with a
32 LEGAL MEDICINE

pallid face may indicate shock or fear. Sweating hands indicate

tension.
2. Color — If the face is flushed, it may indicate anger, em-
barrassment or shame. A pale face is a more common sign of
guilt.
3. Dryness of the mouth — Nervous tension causes reflex inhibition
of secretion and consequently dryness of the mouth.
This causes continuous swallowing and licking of the lips.
4. Excessive activity of the apple — On account of the dry-
ness of the throat aside from the mouth, the subject will swallow
saliva from the mouth and this causes the frequent upward and
downward movement of the Adam's apple. This is observed in
many guilty subjects.
5. Fidgeting — Subject is constantly moving about in the chair,
pulling his ears, rubbing his face, picking and tweaking the nose,
or uncrossing the legs, rubbing the hair, eyes, eyebrows,
biting or snapping of fingernails, etc. These are indicative of
nervous tension.
6. "Peculiar feeling — There is a sensation of lightness of
the head and the subject is confused. This is the result of his
troubled conscience.
7. Swearing to the truthfulness of his assertion — Usually a guilty
subject frequently utters such expression. swear to God I am
telling the truth" or "I hope my mother drops dead if I am
lying", swear to God". etc. Such expressions are made to
make and convincing his assertion of innocence.
8. past record" — "Religious man" — The subject may
assert that it is not possible for him to do "anything like that"
inasmuch as he is a religious man and that he has a spotless record.
9. Inability to look at the "straight in the — The
subject does not like to look at the investigator for fear that his
guilt may be seen in his eyes. He will rather look at the floor or
ceiling.
10. that I remember" expression — The subject will resort to
the use of "not that I remember" expression when answering to
be evasive or to avoid committing something prejudicial to him.
V. SCIENTIFIC INTERROGATION
Interrogation is the questioning of a person suspected of having
committed an offense or of persons who are reluctant to make a full
disclosure of information in his possession which is pertinent to the
investigation. It may be done on a suspect or a witness.
 DECEPTION DETECTION
33
A is a person whose guilt is considered on reasonable
ground to be a practical possibility.
2. A witness is a person, other than the suspect, who is requested to
give information concerning the incident. He may be a victim
a complainant, an accuser, a source of information, an observer
of the occurrence, a specialist who has examined physical
evidence or a custodian of official document.
Attitude and Conduct of an Investigator:
In the course of an interrogation of a suspect or witness, the inter-
rogator must observe the following:
The interrogator should avoid creating an impression that he is an
investigator seeking a confession or conviction. It is better for him
to appear in the role of one who is merely seeking the truth.
2. Such realistic words or expressions as "steal", "confess"
your crime, etc. should not be used by the interrogator. It is more
desirable, from the psychological standpoint, to employ a milder
terminology like "shoot", "take", "tell the truth", etc.
3. The interrogator should sit fairly close to the subject and between
the two, there should not be a table or other pieces of furniture.
4. The interrogator should avoid pacing about the room. To give an
undiverted attention to the person being interrogated, make it as
such that will be more difficult for him to evade detection of
deception or conceal his
5. The interrogator should avoid or at least minimize smoking, and
he should also refrain from fumbling with a pencil, pen or other
room accessories, for all these tend to create an impression of lack
of interest or
6. The interrogator should adapt his language to that used and under-
stood by the subject himself. In dealing with an uneducated and
ignorant subject, the interrogator should use simple words and
sentences.
7. Since the interrogator should always occupy a fearless position
with regards to his subject and to the condition and circumstances
attending the interview, the subject should not be handcuffed or
shackled during his presence in the interrogation room. The
interrogator should face the subject as "man to man" and not as
policeman to prisoner.
For Purposes of Investigation the Following are the Different Types
of
Based on behavioral attitude:
a. Active offenders — They are persons who commit
crime in an impulsive manner usually on account of their
34 LEGAL MEDICINE

aggressive behavior. Such attitude is clearly shown in crimes of

passion, revenge or
b. Passive inadequate offenders — Persons who commit crimes
because of inducement, promise or reward. They are gullible
and easily persuaded to perform acts in violation of the
laws.
Based on the state of mind:
a. Rational offenders — Those who commit crime with motive or
intention and with full possession of their mental faculties.
Killing with evident premeditation.
b. Irrational offenders — They commit crime without knowing
the nature and quality of his act.
Example: Mad killer.
3. Based on proficiency:
a. Ordinary offenders — These are the lowest form of criminal
career. They are only engaged in crimes which require limited
skill. They lack the capacity to avoid arrest and conviction.
Professional offenders — They are highly skilled and able to
perform criminal acts with the least chance of being detected.
They commit crimes which require special skill rather than
violence.
Example: Pick-pocketing, shop-lifting.
4. Psychological classification:
a. Emotional offenders— These are persons who commit crimes
in the heat of passion, anger, or revenge, and also who commit
offenses of accidental nature. Emotional offenders usually have
feeling of remorse, mental anguish or compunction as a result of
their acts. They have the sense of moral guilt. Their conscience
them and they have difficulty resting or sleeping
because of their feeling of guilt. The most effective interro-
gation approach to use for them is based upon sympathetic
consideration regarding their offense and present difficulty.
b. Non-emotional offenders — These are persons who commit
crimes for financial gain and are usually recidivist or repeaters.
Sympathetic approach is not effective. The interrogator should
make a factual analysis of the suspect's predicament and appeal
to his common sense and reasoning rather than to his emotion.
Requirement for the Admissibility of Evidence Obtained Through
Interrogation:
Sec. 20 Art. IV, Bill of Rights, Philippine
No person shall be compelled to be a witness against himself.
Any person under investigation for the commission of an offense
 DECEPTION DETECTION
shall have the right to remain silent and to counsel, and be informed
of such right. No force, violence, threat, intimidation, or any other
means which vitiates the free will shall be used against him. Any
confession obtained in violation of this section shall be inadmissible
in evidence.
In compliance with the above provision of the constitution and
the decision of the U.S. Supreme Court, in Miranda v. Arizona,
U.S. 436 (1966) safeguards were established for the interrogation of
suspected person. If a person is to be interrogated, he
must first be warned and advised
a. He has the right to remain
b. Anything he says can be used against him in court of
He has the right to consult with an attorney and to have the
attorney present during the questioning; and
d. If he cannot afford an attorney, one will be appointed for him
prior to any questioning if he so desires.
After such warning and in order to secure a waiver, the following
questions should be asked. An affirmative answer to each question
constitutes a waiver to the rights:
a. Do you understand each of these rights I have explained to
you?
b. Having these rights in mind, do you wish to talk to us now?
Some Techniques of Interrogation:
The choices of methods of questioning depend on the personal
and psychological evaluation of the subject by the interrogator, the
nature of the crime under investigation, previous criminal record, and
the social and educational background of the subject.
Emotional appeal — The interrogator must create a mood that is
conducive to confession. He may be sympathetic and friendly to
the subject. The subject may be willing to disclose more infor-
mation if he is treated in a kind spirit.
2. Mutt and Jeff technique — In this technique there must be at least
two investigators with opposite character; one (Mutt) who is
arrogant and relentless who knows the subject to be guilty and
will not waste time in the interrogation, and the other who
is friendly, sympathetic and kind. When Mutt is not present Jeff
will advice the to make a quick decision and plea for
cooperation.
Bluff on technique — This is applicable where there are
two or more persons who allegedly participated in the commission
of a crime. All of them are interrogated separately and the results
of their individual statements are not known to one another.
While one of them is under interrogation, the interrogator may
36 LEGAL MEDICINE

claim that the subject was implicated by the author and that there
is no use for him to deny participation.
4. — The questions must oe answered clearly, and the
interrogator utilizes harsh language. Immediate response from the
subject is demanded.
5. The subject is given the opportunity to make a lengthy,
consuming narration. There may be a moment when the subject
becomes confused and desists from making further statement for
fear of contradicting his previous statement.
Basis of the Inference that the Subject is Not Telling
the Truth:
The statement have many improbabilities and gaps on
its substantial parts.
2. The subject's statements are inconsistent with the material facts.
3. The subject's statements are incoherent, conflicting with one
another.

VI. CONFESSION
Confession is an expressed acknowledgment by the accused in
a criminal case of the truth of his guilt as to the crime charged, or of
some essentials
Confession is different from admission, although admission in-
cludes, as one of its species, confession. Confession is a statement of
guilt while admission is usually a statement of fact by the accused
which does not directly involve an acknowledgement of guilt of the
accused.
The defendant stated in the preliminary investigation that he
had inflicted upon the deceased the wounds question. It was
held that such statement was not a confession of guilt but only an
admission, inasmuch as the defendant might have inflicted the
wound in self-defense (U.S. v. Team, 23 Phil. 64).
An admission by one accused of rape that he had carnal inter-
course with the complaining witness at the time and place men-
tioned in the information is not a confession of guilt of the crime
charged unless he further admits that he cohabited with
woman without her consent, or by the use of force or threat
(U.S. v. Flores, 26 Phil. 262).
Kinds of Confession:
1. Extra-judicial
This is a confession made outside of the court prior to the
trial of the case.
 LEGAL MEDICINE 37
Sec. 3, Rule 133, Rules of Court — Extra-judicial not
sufficient ground for conviction:
An extra-judicial confession made by an accused, shall not be
sufficient ground for conviction, unless corroborated by evidence
of corpus delicti.
means the body of the crime or fact of specific
loss or injury sustained. It may not necessarily be the body of
the crime but may consist of facts and circumstances tending to
corroborate the confession.
The reason for the above rule is to guard against conviction
based upon false confession of guilt. It is possible that a person
might have confessed his guilt regarding an offense which some-
one has committed and when asked of his victim on the nature of
the injuries inflicted by him, it does not coincide with the identity
or nature of the injuries received by the victim.
a. confession may be:
Voluntary extra-judicial confession:
The confession is voluntary when the accused speaks on
his free will and accord, without inducement of any kind,
and with a full and complete knowledge of the nature and
consequence of the confession, and when the speaking is
so free from influences affecting the will of the accused, at
the time the confession was made that it renders it ad-
missible in evidence against him.
extra-judicial confession:
obtained through force, threat,
dation, duress or anything influencing the voluntary act of
the confessor.
Confessions obtained from the defendant by means of
force and violence is null and void, and cannot be used
against him at the trial. (U.S. v. 4 Phil. 266; U.S.
v. Felipe, 5 Phil. 333).
If a confession was made when a threat or promise was
made by, in the presence of a person in authority, who has,
or is supposed by the accused to have power or opportunity
to fulfill the threat or promise, then the confession of the
accused will be presumed to be the exclusive effect of
inducement and therefore inadmissible (Early v. 86
Va. 921).
A confession made under the influence of spiritual advice
or exhortation is not admissible.
38 LEGAL MEDICINE
A confession made under the influence of parental
sentiment is not admissible (People v. Martinez, 42 Phil.
853).
In confession through a "third the duty of the
physician is to determine the presence and extent of phy-
sical injuries on the subject.
A physician must be cautious concluding that if physical
injuries are present, they were inflicted in the course of a
"third degree". It could be possible that the subject has
self-inflicted those wounds in the guise that the confession
was not voluntary.
Maltreatment of Prisoners for the Purpose of Exhorting Confession
or To Obtain Some Information is a Crime.
Art. 235, Revised Penal Code — Maltreatment of prisoners:
The penalty of mayor in its medium period to
in its minimum period, in addition to his liability for the
physical injuries or damaged caused, shall be imposed upon any public
officer or employee who shall overdo himself in the correction or
handling of a prisoner or detention of a prisoner under his charge, by
the imposition of punishments not authorized by the regulations, or
by inflicting such punishments in a cruel and humiliating manner.
If the purpose of the maltreatment is to extort a confession, or to
obtain some from the prisoner, the offender shall be
punished by prision correccional in its minimum period, temporary
special disqualification, and a fine not exceeding 500 pesos, in
addition to his liability for the physical injuries or damage caused.
Elements of the crime:
The offender is a public officer or employee;
2. The offender has under his charge a (convicted) prisoner or a de-
tention prisoner;
3. The offender maltreats the prisoner in any of the following way:
a. By overdoing in the correction or handling of prisoner, either
by imposition of punishment not authorized by the regula-
tion, or (2) by inflicting such punishment in a cruel and humil-
iating or
b. By maltreating such prisoner to extort a confession or to
obtain some information from the prisoner.
THE TOKYO DECLARATION
The Tokyo Declaration which was endorsed by the World Medical
Association in 1975 contains guidelines to be observed by physicians
concerning torture and other cruel, inhuman, and degrading treat-
ment or punishment in relation to detention and imprisonment.
 DECEPTION DETECTION 39

It is the privilege of the medical doctor to practice medicine in

the service of humanity, to preserve and restore bodily and mental
health without distinction as to persons, to comfort and ease the
suffering of his or her patients. The utmost respect for human life is
to be maintained even under threat, and no use made of any medical
knowledge contrary to the laws of humanity.
For the purpose of this Declaration torture is defined as the
deliberate, systematic or wanton infliction of physical or mental
suffering by one or more persons acting alone or on the orders of
any authority, to force another person to yield information, to make
a confession, or for any other reason.
Declaration
The doctor shall not countenance, condone or participate in the
practice of torture or other forms of cruel inhuman or degrading
procedures, whatever the offense of which the victim of such
procedures is suspected, accused or guilty, and whatever the
beliefs for motives, and all the situations, including
armed conflict and civil strife.
The doctor shall not provide any premises, instruments, substances
or knowledge to facilitate the practice of torture or other forms
of cruel, inhuman or degrading treatment or to diminish the
ability of the victim to resist such treatment.
3. The doctor shall not be present during any procedure during
which torture or other forms of cruel, inhuman or degrading
treatment is used or
4. A doctor must have complete clinical independence in deciding
upon the care for a person for whom he or she is medically respon-
sible.
The doctor's fundamental role is to alleviate the distress of his
or her fellow men, and no motive — whether personal, collective
or political — shall prevail against his higher purpose.
5. Where a prisoner refuses nourishment and is considered by the
doctor as capable of forming an unimpaired and rational judgment
concerning the consequences of such voluntary refusal of nourish-
ment, he or she shall not be fed The decision as to the
capacity of the prisoner to form such a judgement should be
confirmed by at least one other independent doctor. The con-
sequences of the refusal of nourishment shall be explained by the
doctor to the prisoner.
6. The World Medical Association will support, and should encourage
the international community, the national medical associations
and fellow doctors, to support the doctor and his or her family in
40 LEGAL MEDICINE
the face of threats or reprisals resulting from a refusal to condone
the use of torture and other forms of inhuman or degrading
treatment.
(The New Police Surgeon by S.H. pp. 134-136; JAMA
255, No. 20 May p. 2800)
2. Judicial Confession:
This is the confession of an accused in court. is conclusive
upon the court and may be considered to be a mitigating circum-
stance to criminal liability.
A plea of guilty when formally entered on arraignment is
sufficient to sustain a conviction of any offense, even a capital
one, without further proof.
Sec. 2, Rule 129, Rule of Court — Judicial admissions:
Admissions made by the parties in the pleadings, or in the
course of the trial or other proceedings do not require proof and
can not be contradicted unless previously shown to have been
made through palpable mistake.