Ethical Principles
Dr. Hortillosa
Outline
VII. Use of Lie Detector or Polygraph
A. Phases of Examination
B. Factors that are Responsible for 25% of
Errors of the Detector
VIII. Word Association Test
IX. Psychological Stress Evaluator
A. Administration of Truth Serum
B. Narcoanalysis and Narcosynthesis
C. Intoxication with Alcohol
XI. Hypnosis
XII. Observation
A. Physiological and Psychological Signs
and Symptoms of Guilt
XIII. Scientific Interrogation
A. Different Types of Criminal Offenders
B. Techniques of Interrogation
C. Requirements for the Admissibility of
Evidence Obtained Through Interrogation
the Subject is Not Telling the Truth
XIV. Confession
A. Kinds of Confession
B. Art. 235, Revised Penal Code
Maltreatment of Prisoners
C. Tokyo Declaration
PHASES OF THE EXAMINATION 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 minutes.
Purpose of the interview:
To determine whether the subject has any
medical or psychiatric condition or has used
drugs that will prevent the testing.
To explain to the subject the purpose of the
examination.
To develop the test questions, particularly those
of the types to be asked.
To relieve the truthful subject of any
apprehension as well as to satisfy the deceptive
subject as to the efficiency of the technique.
To know any anti-social activity or criminal
record of the subject.
Assessor: Ricamonte
Group 1: Laspiñas, Labrador, Portigo
August 23, 2022
1.1a
3:30 - 5:50pm
ACTUAL INTERROGATION AND RECORDING
THROUGH THE INSTRUMENT
Subject will be asked to answer standard test
questions.
Irrelevant Questions
Questions which have no bearing to the case
under investigation; ascertains the subject's
normal pattern of response by eliminating the
feeling of apprehension.
Ex. Age, educational attainment, marital status,
etc.
Relevant Questions
Questions pertaining to the issue under
investigation; these must be unambiguous,
unequivocal and understandable to the subject,
must all be related to one issue or one criminal
act and must be very specific to obtain an
accurate result.
Control Questions
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.
The responses to relevant and irrelevant
questions are compared, and if 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.
POST-TEST INTERROGATION
The purposes of further questioning after the test
are:
To clarify the findings.
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.
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SUPPLEMENTARY TESTS Peak-of-Tension Test
The subject may be given this test if he is not yet
informed of the details of the offense for which
he is being interrogated by the investigator, or by
other persons or from other sources like the print
media. When the question which refers to a
detail of the incident is asked, a guilty subject will
develop a ''peak of tension'' which will be
recorded in the tracing.
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. 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.
Silent Answer 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 questions silently, to himself, without making
any verbal response. This test is effective when
the subject's verbal response causes distortion
in the tracing such as sniff or clearing of the
throat.
FACTORS THAT ARE RESPONSIBLE FOR THE
25% ERRORS OF THE LIE DETECTOR
1. Nervousness or extreme emotional tension
experienced by a subject who is telling the truth
regarding the offense in question.
2. Physiological abnormalities
Excessively high or low blood pressure o
Diseases of the heart
Respiratory disorders
3. Mental abnormalities
Feeblemindedness
Psychosis or insanities
Psychoneurosis and psychopathia
4. Unresponsiveness in a living or guilty subject.
5. Attempt to "beat the machine" by controlled
breathing or by muscular flexing. 6. Unobserved
application of muscular pressure which produces
ambiguities and misleading indications in the
blood pressure tracing.
VIII. WORD ASSOCIATION TEST
A list of stimulus and non-stimulus words are
read to the subject who is instructed to answer
as quickly as possible with a "yes" or a "no".
Assessor: Ricamonte
Legal Med Trans Group: Laspiñas, Labrador, Portigo
The important factor is the time of response in
relation to stimulus or non-stimulus words.
1.
Test cannot be administered without consent
of the subject.
IX. PSYCHOLOGICAL STRESS EVALUATOR
Detects, measures, and graphically displays the
voice modulations that are inaudible.
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.
Advantages of Psychological Stress Evaluator
over the Lie Detector Machine:
It does not require the attachment of sensors to
the person being tested.
The testing situation need not be carefully
controlled to eliminate outside distraction; and
Normal body movement is not restricted.
X. USE OF DRUGS THAT "INHIBIT THE
INHIBITOR"
ADMINISTRATION OF TRUTH SERUM
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.
NARCOANALYSIS OR NARCOSYNTHESIS
Same as the administration of truth serum, the
only difference is the drug being used.
Psychiatric sodium amytal or sodium pentothal is
administered to the subject.
The drug causes depression of the inhibitory
mechanism of the brain and the subject talks
freely.
INTOXICATION WITH ALCOHOL
The apparent stimulation effect of alcohol is
really the result of the control mechanism of the
brain, so alcohol, like truth serum, and
Not being used.
XI. HYPNOSIS
Alteration of consciousness and concentration in
which the subject manifests a heightened
suggestibility while awareness is maintained.
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 Confession while under hypnotic spell is not
admissible as evidence because such
"psychiatric treatment" is involuntary and
mentally coercive.
XII.OBSERVATION
PHYSIOLOGICAL AND PSYCHOLOGICAL
SIGNS AND SYMPTOMS OF GUILT
Sweating- Sweating accompanied with a
flushed face indicates anger, embarrassment or
extreme nervousness. Sweating with a pallid
face may indicate shock or fear. Sweating hands
indicate tension.
Color Change- If the face is flushed, it may
indicate anger, embarrassment or shame. A pale
face is a more common sign of guilt.
Dryness of the Mouth- Nervous tension
causes reflex inhibition of salivary secretion and
consequently dryness of the mouth. This causes
continuous swallowing and licking of the lips.
Excessive Activity of the Adam's Apple On
account of the dryness 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.
Fidgeting- Subject is constantly moving about
in the chair, pulling his ears, rubbing his face,
picking and tweaking the nose, crossing or
uncrossing the legs, rubbing the hair, eyes,
eyebrows, biting or snapping of fingernails, etc.
These are indicative of nervous tension.
"Peculiar Feeling Inside"- There is a sensation
of lightness of the head and the subject is
confused. This is the result of his troubled
conscience.
Swearing to the Truthfulness of his
Assertion- Usually a guilty subject frequently
utters such expressions. "I swear to God I am
telling the truth". Such expressions are made to
make forceful and convincing his assertion of
innocence.
"Spotless 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.
Inability to Look at the Investigator "Straight
in the Eye"- The subject does not like to look at
the investigator for fear that his 9 / 11 Notes:
IDCM-MSM-2023 guilt may be seen in his eyes.
He will rather look at the floor or ceiling.
"Not That I Remember" Expression- The
subject will resort to the use of "not that I
Assessor: Ricamonte
Legal Med Trans Group: Laspiñas, Labrador, Portigo
remember" expression when answering to be
evasive or to avoid committing something
1.
XIII. 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 and it may be
done on a suspect or a witness.
A suspect is a person whose guilt is considered
on reasonable ground to be a practical possibility
A witness is a person, other than the suspect,
who is requested to give information concerning
the incident.
DIFFERENT TYPES OF CRIMINAL OFFENDERS
BASED ON BEHAVIORAL ATTITUDE
Active Aggressive Offenders- They are
persons who commit crime in an impulsive
manner usually on account of aggressive
behavior.
Passive Inadequate Offenders- Persons who
commit crimes because of inducement, promise
or reward.
BASED ON THE STATE OF MIND
Rational Offenders- Those who commit crimes
with motives or intentions and with full
possession of their mental faculties. Irrational
Offenders- They commit crime without knowing
the nature and quality of his act.
BASED ON PROFICIENCY
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.
PSYCHOLOGICAL CLASSIFICATION
Emotional Offenders- These are persons who
commit crimes in the heat of passion, anger, or
revenge, and also who commit offenses of
accidental nature.
Non-emotional offenders- These are persons
who commit crimes for financial gain and are
usually recidivist or repeaters. Sympathetic
approach is not effective.
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 TECHNIQUES OF INTERROGATION
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 information if he is treated in a kind spirit.
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 (Jeff) who is friendly, sympathetic and
kind.
Bluff on Split-Pair Technique- This is
applicable where there are two or more persons
who allegedly participated in the commission of
a crime.
Stern Approach- The questions must be
answered clearly, and the interrogator utilizes
harsh language. Immediate response from the
subject is demanded.
The subject is given the opportunity to make
a lengthy, time-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.
REQUIREMENTS FOR THE ADMISSIBILITY OF
EVIDENCE OBTAINED THROUGH
INTERROGATION
Custodial Investigation/Self-Incrimination
No person shall be compelled to be a
witness against himself.
Miranda Rights
Established safeguards for the interrogation
of the suspected (accused) person.
BASIS
THAT THE SUBJECT IS NOT TELLING THE
TRUTH
improbabilities and gaps on its substantial parts.
the material facts.
e incoherent,
conflicting with one another.
XIV. 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 thereof.
Assessor: Ricamonte
Legal Med Trans Group: Laspiñas, Labrador, Portigo
Confession is different from admission,
although admission includes, as one of its
1.
species, confession.
Confession is a statement of Guilt
Admission is usually the statement of fact by the
accused which does not directly involve an
acknowledgement of guilt of the accused.
KINDS OF CONFESSION EXTRAJUDICIAL
CONFESSION
Made OUTSIDE the court prior to the trial of the
case.
Sec. 3, Rule 133, Rules of Court Extrajudicial
Confession, 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.
Extrajudicial confessions may be:
Voluntary Extrajudicial 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 admissible in
evidence against him.
Involuntary Extrajudicial Confession:
Confessions obtained through force, threat,
intimidation, duress or anything influencing the
voluntary act of the confessor.
JUDICIAL CONFESSION
Confession WITHIN the court.
It is conclusive upon the court and may be
considered to be mitigating circumstances.
Under the rules of court, admissions made by the
parties in the course of the trial or other
proceedings do not require proof, cannot be
contradicted, UNLESS previous shown to have
been made through palpable mistakes.
ART. 235, REVISED PENAL CODE
MALTREATMENT OF THE PRISONER
ELEMENTS OF THE CRIME
The offender is a public official or employee.
The offender has under his charge a (convicted)
prisoner or a detention prisoner.
The offender maltreats the prisoner in any of the
following way:
By overdoing in the correction of handling of
prisoner, either by:
Page | 4
 Imposition of punishment not authorized by the
regulation,
Inflicting such punishment in a cruel and
humiliating manner.
By maltreating such prisoner to extort a
confession or to obtain some information from
the prisoner.
TOKYO DECLARATION
The Tokyo Declaration which was endorsed by
the World Medical Associated in 1975 contains
guidelines to be observed by physicians
concerning torture and other cruel, inhuman, and
degrading treatment or punishment in relation to
detention and imprisonment.
PREAMBLE
It is a 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 and 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
define 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.
fundamental role is
to alleviate the distress of his or her fellow men
1.
and no motive whether personal, collective,
or political shall prevail against his higher
purpose.
Where a prisoner refuses nourishment and is
considered by the doctor as capable of forming
and unimpaired and rational judgement
concerning the consequence of such voluntary
refusal of nourishment, he or she shall not be fed
artificially. 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 consequences of the refusal of
nourishment shall be explained by the prisoner.
The World Medical Association will support and
should encourage the international community,
the national medical association and fellow
doctors, to support and his or her family in the
face of threats or reprisal resulting from the
refusal to condone the use of torture and other
forms of cruel, inhuman or degrading treatment.

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

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.
The doctor shall not be present during any
procedure during which torture or other forms of
cruel, inhuman, or degrading treatment is used
or threatened.
A doctor must have complete clinical
independence in deciding upon the care for a
person for whom he or she is medically

Assessor: Ricamonte
Legal Med Trans Group: Laspiñas, Labrador, Portigo Page | 5