498-2124-1-pb (1).pdf

Advancing Criminal Jusctice Research

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Polygraph Examination Service of the Philippine National Police (PNP)

Crime Laboratory - Region 10

LESLEY C. LUBOSORCID No. 0000-0002-8761-3680

[email protected]

ANGELIQUE L. BANGOYJIMMY S. CAHIG

JONATHAN M. CHAVEZKHENT JOSEPH L. LITAOREYNALDO B. VIVERO

Abstract - The study investigated the polygraph examination of the Philippine National Police (PNP) Crime Laboratory – Region 10. The study applied the descriptive method with the use of a questionnaire involving 50 respondents with different professions or fields of specialization, distinctively: Precinct Commanders; Criminal Investigators; Judges; Public Prosecutors; and Public Attorneys. The questionnaire was administered to the Precinct Commanders, Criminal Investigators, Judges, Public Prosecutors and Public Attorneys in Cagayan de Oro City for the effectiveness of the PNP Crime Laboratory polygraph examination service. The study found out that the polygraph examination result was not accepted as evidence in Court or proving capable in convicting a suspect. However, most of the respondents agreed that the polygraph examination is a big help in the police investigation. The researchers believed that the Court must stress the information that even if the polygraph result is not acceptable as evidence in a Court trial, it is still capable and helpful in identifying and eliminating suspects during an investigation. The researchers also deemed that coordination between policemen and polygraph examiners, posed a high possibility in achieving the goals of the Philippine National Police.

Vol. 1 No. 1 January 2011 Print ISSN 2362-7484 • Online ISSN 2362-7506doi: http://dx.doi.org/10.7828/acjr.v1i1.498

Advancing Criminal Justice Research

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Peer Reviewed Journal

Keywords - Polygraph Examination, Court, Philippine National Police, Crime Laboratories, descriptive design, Region 10, Mindanao

INTRODUCTION

Polygraph is a device designed to measure physiological responses resulting from specific questions being asked to the subject, but does it have a technique that’s good enough to be taken as one source of evidence?

The polygraph was derived from Greek word, “Poly” which means many or having several, and the “Graphiens” which means writing. The theory being that is when one tells a lie, the body reacts by increasing breath and heart rate. While polygraphs are not allowed as evidence of guilt or innocence in a court of law, law enforcement and prosecutors have been known to rely on them heavily in determining whether to pursue a defendant (Rana, 2006).

Telling a lie is usually an emotional experience. A conscious act of lying causes conflict in the mind of the subject, which produces an emotion of fear or anxiety, manifested by fluctuations in pulse rate, blood pressure, breathing and perspiration. The physiologic fluctuations that come with the emotion are in nature automatic, self-regulating and beyond conscious control because they affect the functioning of the internal structures that prepare the body for emergency (Edrolin, 2006).

Some theories behind the polygraph or lie detector test uphold that a person who lies deliberately will have a rising blood pressure and a subconscious block in breathing, which will be recorded on the graph. However, American courts almost uniformly reject the results of polygraph test 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 yet attained scientific acceptance as a reliable and accurate means of ascertaining truth or deception (Ng & Po, 2008).

Many law enforcement agencies used polygraph in their investigations. However, the effectiveness of the polygraph has been questioned. Among supporters of the polygraph, opinions differ as to its accuracy. Its accuracy depends on the subject, the equipment and the operator’s training and experience. In some cases, the machine


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may fail to detect lies because the subject is on drugs, makes deliberate muscular contractions or has a psychopathic personality (Bennett & Hess, 2004).

Most courts refuse to admit the results of polygraph (lie detector) test in either civil or criminal proceedings, unless admissibility is agreed to by both parties. The reliability of polygraph is questionable, particularly when the test is administered by unqualified operators (Del Carmen, 2001).

Many judges still do not allow evidence from polygraph tests to be presented during trials. Judges have more freedom to decide to use polygraph evidence than they did in the 1920s. However, a 1993 Supreme Court decision in the case of Daubert V. Merrell versus Dow Pharmaceuticals, did not involve lie detectors, but the decision applies to all types of scientific evidence and expert testimony in trials, polygraph test was included (Yount, 2007).

The polygraph test results as evidence in criminal trials continues to debated, and little evidence has emerged as of late suggest this controversy is likely to wane. On the contrary, the recent series of debates have emerged concerning the relevance of polygraph testing in a court of law. Currently, polygraph test may be admitted into court into two ways. With prior stipulation of both the prosecution and the defense, the defendant may take a polygraph test with the agreement that the prosecutor will drop the test if passed, but may enter the test results into evidence without objection if the test is failed (Myers, 2006).

A debate concerning the validity of this test instrument has maintained for over 85 years ago, since the first polygraph device was introduced. This analysis takes into account court cases that address the issue and the available literature and relevant studies that support judicial decision-making. The conclusion arrived at this particular testing device has not attained a level of scientific support to warrant unqualified judicial acceptance (Yocom, 2007).

Encouraging disclosure of information is an essential task of probation intervention with sex offenders. Daniel Wilcox, Dan Sosnowski and David Middleton argue that the polygraph, or lie detector, can help to achieve this aim, and play an important role in assessing risk, treating and managing sex offenders on probation or license. The result in polygraph test in USA suggests that workers

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were able to obtain more detailed information about index offenders, further disclosures of past sexual offending, and more information about short-term risk and non-compliance with conditions of probation orders.

The researchers have a desire to determine the reliability and effectiveness of the polygraph examination in the Philippine National Police Crime Laboratory – Region 10 as well as knowing the factors and instances that can affect the polygraph results as a means of evidence presented in Court trials.

FRAMEWORK

This study was concerned on the effectiveness of polygraph examination service of the PNP Crime Laboratory Region 10, Philippines.

A polygraph examination is a scientific test that collects and records several physiological variables from a person such as blood pressure, heart rate, respiration and skin conductivity while a series of questions are being asked for the purpose of detecting reactions associated with dishonesty (Ng & Po, 2008).

The accuracy and effectiveness of polygraph examination results depend upon the qualifications and skills of the examiner, accurate formulation of test questions, the condition of the subject, and the condition of the examination room.

These diagrams regard the study on the effectiveness of polygraph examination service of the PNP Crime Laboratory Region 10. The first box presents the independent variables and the second box presents the dependent variables for an effective examination result of a polygraph service of the PNP Crime Laboratory in Region 10.


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• Diagram on the effectiveness of the polygraph examination in a courtroom trial.

The principal features of the polygraph are its ability to record changes in respiration, blood pressure, and pulse. Attachments can be added to record galvanic skin reflex (perspiration in hands), muscular movements, and pressures. The use of only one of these features is considered to be inadequate. The skill of the polygraph examiner is of utmost importance. An internship is required in which the trainee can make frequent observations of an expert conducting polygraph examinations, as well as perform the procedure personally. Ideally, the polygraph examiner should have a minimum of 6 months of training. The test should be conducted in a quiet, private location (Hails, 2005).

The word polygraph merely means drawings – several ‘pens’ draw lines on a moving paper chart in the technique. These pens move under electrical control determined by a variety of physiological responses of the body. Physiological changes produce wave patterns that may become more frequent (e.g. the suspect breathes more rapidly) or increase in amplitude (e.g. the suspect breathes more deeply) (Howitt,

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2002).Most research on polygraph has examined the technique’s

laboratory success in singling out deceptive from truthful subjects. This article, in contrast, views lie-detector test as a social control convention and focuses upon the technique’s social organization and interactive context. Drawing upon in-depth interviews with polygraph examiners and the second author’s lengthy experience as a practicing examiner, the article describes the examiner’s craft and the test encounter. The setting and interaction are organized toward two interrelated goals: to produce good charts and to generate admissions and confessions (Davis, 1984).

The instrumental collection of physiological data for lie detection was first applied to the problem of identifying criminal suspects, an area still in prominent use today. Published reports of the polygraph being used in a screening capacity first appeared in the 1930’s. A small handful of polygraph examiners were beginning to conduct routine testing of bank employees in the Chicago area to resolve shortages. Many thieves were reportedly found, but typically more thefts were uncovered during polygraph testing than had been previously known. In his monograph, Keeler (1931) wrote that, out of 12 banks there were “none that didn’t have three or more embezzlers within the bank.” At that time Keeler was just beginning to make a reputation for himself and his device, thanks to his resolution of several sensational cases and the enthusiasm of news reporters, and the legend of the “lie detector” was born (Kleiner, 2002).

The profession of polygraph uses physiological measures to improve the detection of deception. The science most relevant for assessing the utility of these measures is that of psychophysiology.

Forensic applications of polygraph techniques rely primarily on the Control or Comparison Question Test (CQT). The author describes the CQT and its theoretical basis, and how it is used and evaluated by the polygraph professionals, and by scientists at arms length from the polygraph community. Because the CQT (a) has a weak theoretical foundation, making it unlikely that it can be as accurate as polygraph proponents claim, (b) is biased against the innocent, and (c) may be subject to countermeasures used by the guilty to appear truthful, CQT results cannot constitute evidence of either deception or truthfulness. In the absence of insight into brain mechanisms that underlie deception,


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it may be difficult to develop a valid lie detector. However, methods are available for detecting guilty knowledge, information that only the perpetrator of a crime and the police possess, which are ripe for further development as forensic applications (Iacono, 2008).

Polygraph test is not just conducted in offenders, but it is also in police departments which defines current selection and psychological assessment practices fro police officers. Of the 355 police agencies invited to participate in the survey, 155 returned completed questionnaires (43%). Analyses of the extent and nature of assessment procedures revealed that the majority of police departments perform a background investigation, medical exam, interview with applicant, drug test, physical fitness exam and polygraph test (Cochrane, 2003).

A polygraph examination is a scientific test that collects physiological data from a person with the purpose of detecting reactions associated with dishonesty. At least three systems in the human body are recorded during a polygraph examination. Respiratory activity is monitored by placing rubber tubes across the examinee’s chest. Electro dermal or “sweet gland” activity is recorded by placing two small attachments to the fingers or palm of the hand. And cardiovascular activity is collected by a blood pressure cuff or similar device (American Polygraph association).

Known in the vernacular as a lie detector, a polygraph records a subject’s respiration, blood pressure, and heartbeat as the subject is questioned by an examiner. The examiner poses certain questions and records the subject’s responses. The premise of the polygraph is that deception is accompanied by stress that is manifested in increased respiration, pulse, and blood pressure (Scheb & Scheb II, 2008).

Persons charged or suspected of a crime cannot be compelled to take a polygraph test, because such compulsion would violate their Fifth Amendment privilege against self-incrimination. However, persons may voluntarily agree to take a polygraph test to affirm statements they have made or to demonstrate their innocence (Gardner, 1988).

In some cases like rape, post-conviction polygraph testing of adult sex offenders in treatment has been a somewhat controversial subject. This study, 95 participants who took 333 polygraph tests, explored how sexual offenders enrolled in outpatient treatment programs perceived their polygraph experience. Participants reported a relatively low incidence of false indicators of both deception (22 of 333 tests) and

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truthfulness (11 of 333 tests), suggesting that clients agreed with examiners opinion 90% of the time. The majority of clients reported that polygraph testing was a helpful part of treatment. Finally, about 5% of participants reported that they responded to allegedly inaccurate accusations of deception by admitting to things they had not done. The date offer encouragement for continued but cautious use of polygraphs sex offender treatment programs. Implications for practice and research are identified (Kokish, 2005).

The study compared a group of 104 adult male sex offenders who received community cognitive-behavioral treatment, correctional supervision, and periodic polygraph compliance exams with a matched group of 104 sex offenders who received the same type of treatment and supervision services but no polygraph. Polygraph exams focused on whether participants were following their community supervision and treatment and had avoided committing new sexual offenses (McGarth, 2007).

“Truth is the reliance of innocence, falsehood is the result of crime. All true facts are consistent with each other. If one is innocent, there is no reason for with holding a true fact. Still less is there for uttering a falsehood. Falsehood is evidence of crime. Every falsehood uttered by way of exculpation becomes an article of circumstantial evidence of greater or less inculpatory force” (State vs Benner, 64 Maine 267, Burril on Circumstantial Evidence Part 2, Chapter 1;pp491).

Polygraph is a Scientific method of detecting truth or deception through the use of the Polygraph machine. The Physiological changes such as blood pressure, pulse rate, skin resistance and respiration of a person undergoing examination is being recorded by Polygraph Machine or what is commonly called “Lie Detector”. Recorded involuntary responses of the subject while being deceptive or truthful are diagnosed by a Polygraph examiner. 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 is of great significance (PNP Crime Laboratory).

The basic principle involved in all forms of lie detectors (more accurately, polygraph devices) is in the changes of several physiological variables such as blood pressure, heart rate, respiration and skin conductivity while the subject is asked a series of questions. One of the most recent has taken into account eye movements and papillary


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dilations of the subject as a hi-tech approach to the common notion that liars are shifty-eyed and can’t look at you straight in the eye (Estalilla, 2007).

Polygraph exists to protect the public by verifying the truth and determining deception. Polygraphs are most commonly used for criminal and civil matters, government pre-employment screening, homeland security, commercial theft investigations and to monitor convicted offenders being supervised by probation and parole, and while under treatment (Ng and Po, 2008).

Polygraph examination is generally used as an investigative aid/technical aid in the investigative purposes. It is used to: a) verify the statement of the victims/complaint, b) establish the credibility of the witnesses, and c) evaluates the truthfulness of the suspects (Edrolin, 2006).

The principles of Polygraph testing have been developed over the past 100 years and have been subjected to hundreds of scientifically validated studies. When the Polygraph examiner is competent the accuracy is as high as 95 to 100 percentile (PNP Crime Laboratory).

A news item appeared about a lie detector that would allow you to tell whether the one with whom you’re chatting is telling you lies. With regard to the admissibility of polygraphs in courts, there is no general consensus among nations and even upon different states in US, and the US Supreme Court wisely left it to individual jurisdictions whether polygraph results could be admitted as evidence in court cases.

Traditional lie detectors, known as polygraphs, measure heart and respiratory rates as a person answers questions. Courts do not allow lie detector tests to be admitted as evidence. Researchers believe the technologies they’re working on could change that — though it could take several decades to get it right. “I doubt that anything in life will ever be 100 percent reliable, including lie detection. But will we have a technique that’s good enough to be taken as one source of evidence? Probably,” said Stephen Kosslyn, a Harvard University psychology professor who is studying the brain scans of liars (Manila Standard Today).

OBJECTIVES OF THE STUDY

The aimed to: (1) determine the qualifications and skills of the examiner, formulation of test questionnaire, the condition of the

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subject, and the condition of the examination room; (2) determine the accuracy and the effectiveness of the examination result and its admissibility in court trials; (3) determine the significant variation between the independent and dependent variable.

METHODOLOGY

The descriptive method of research was used in this study. Descriptive method of research is a fact-finding study with sufficient and accurate interpretation of findings. It emphasizes the essentials in a current condition, practices, situation and phenomena. The researchers chose this method since the study was about the effectiveness of conducting polygraph examination in the Philippine National Police (PNP) Crime Laboratory – Region 10.

The study was conducted to fifty (50) respondents with different specializations, distinctively, ten (10) Precinct Commanders, ten (10) Criminal Investigators, ten (10) Judges, ten (10) Public Prosecutors and ten (10) Public Attorneys in Cagayan de Oro City.

The researchers used questionnaire as means of gathering data. The test was conducted to the Precinct Commanders, Criminal Investigators, Judges, Public Prosecutors and Public Attorneys in Cagayan de Oro City for the purpose of determining the service of the polygraph examination of the Philippine National Police (PNP) Crime Laboratory – Region 10.

In the polygraph examination service of the PNP Crime Laboratory - Region 10, the researchers categorized its effectiveness into four degrees of quality such as “High” with a weight of 4; “Average” with a weight of 3; “Moderate” with a weight of 2; and “Low” with a weight of 1.

RESULTS AND DISCUSSION

Objective 1. To determine the qualifications and skills of the examiner, the formulation of test questionnaire, the condition of the subject, and the condition of the examination room


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Table 1. Qualifications and skills of the examiner

Indicators Weighted Mean

Std Devn Verbal Description

Item 1 (Competency of the examiner)

2.44 0.93 Fair

Item 2 (Experience of the examiner in conducting Polygraph test)

2.30 0.97 Fair

Item 3 (Educational Background)

2.30 0.89 Fair

Item 4 (Has an intense interest in the polygraph)

2.28 0.83 Fair

Item 5 (A good practical understanding of human nature)

2.24 0.80 Fair

Item 6 (Not an impartial seeker of truth)

1.58 0.70 Low

Item 7 (Has knowledge about the instrument and its limitations)

2.26 0.85 Fair

Item 8 (Has a desire to give all possible safeguards against error)

2.08 0.70 Fair

Item 9 (Allowing any personal feelings, sympathies or prejudice to the subject)

1.50 0.74 Low

Overall 2.12 0.65 Fair

Table 1 shows the qualifications and skills of the examiner. As shown, the overall mean (2.12) verbally described as fair.

Item 1 (Competency of the examiner) has the highest mean (2.44) verbally described as fair, while the lowest mean (1.50) falls in item 9 (Allowing any personal feelings, sympathies or prejudice to the subject) verbally described as low.

The data in the highest mean reveal that the competency of the examiner is an important consideration in selecting a polygraph

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examiner. According to Hails (2005), the examiner should have his education, training, and experience as well as subjective observations of a subject in an interview, a variety of more objective test, and newer assessment techniques.

The data in the lowest mean disclose that a polygraph examiner who allows any personal feelings, sympathies or prejudice to the subject is ineffectual and inefficient. According to Del Carmen (2007), the examiner who is professional is more effective in conducting and having a precise examination result.

Table 2. Formulation of test questionnaire of the examiner



Item 1 (Questions are simple and specific)

2.40 0.83 Fair

Item 2 (Questions do not involve in legal terminologies)

2.34 0.87 Fair

Item 3 (Answerable by Yes or No)

2.46 0.95 Fair

Item 4 (Clear in a language that the subject can easily understand)

2.32 0.91 Fair

Item 5 (Never containing an inference that presupposed knowledge on the part of the subject)

2.20 0.76 Fair

Item 6 (Not in a form of accusation)

2.10 0.65 Fair

Item 7(Refer to only one offense)

2.06 0.68 Fair


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Item 8(Not contain influence to one’s religion, race, or belief)

1.90 0.71 Fair


Table 2 shows the formulation of test questionnaire of the examiner. As shown, the overall mean (2.24) verbally described as fair.

Item 3 (Answerable by Yes or No) has the highest mean (2.46) verbally described as fair, while the lowest mean (1.90) falls in item 8 (Not contain influence to one’s religion, race, or belief) verbally described as fair.

The data in the highest mean reveal that the question answerable by yes or no is important in formulating a questionnaire. According to Kleiner (2002), the questions in polygraph must not be keyed to give out possible reasons and probably counter-questioned by the subject, and that any indecision on the part of the subject during the test might be reflected in the chart as emotional disturbances.

The data in the lowest mean disclose that in formulating questionnaire, the religion, race and beliefs of the subject should have fewer prepared questions. According to Scheb (2008), the questions formulated should be brief, correlated and yet as simple as possible to eliminate reactions due to prejudice and apprehensiveness.

Table 3. Condition of the subjects



Item 1 (Good physical and mental condition of the subject)

2.60 0.95 Moderate

Item 2 (The subject has a good night sleep for at least (5) hours prior to the test)

2.40 0.81 Fair

Item 3(The subject is not subject to physical abuse or body contact)

2.28 0.81 Fair

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Item 4(The subject does not undergo prolongedinterrogation prior to the test)

2.24 0.82 Fair


Table 3 shows the condition of the subjects. As shown, the overall mean (2.38) verbally described as fair.

Item 1 (Good physical and mental condition of the subject) has the highest mean (2.60) verbally described as moderate, while the lowest mean (2.24) falls in item 4 (The subject does not undergo prolonged interrogation prior to the test) verbally described as fair.

The data in the highest mean reveal that the condition of the subject must be considered before conducting a polygraph examination. According to Bennett & Hess (2004), the subject must be physically, mentally and emotionally fit for the examination. The examination must be voluntary and completed under conditions conducive to cooperation.

The data in the lowest mean disclose that the subject should not undergo prolonged interrogation before the polygraph test. Even though the item is the lowest among other items, according to Britz (2008), anybody who is about to undertake an activity or an examination must have a good rest rather than conducting an interview or interrogation earlier to the test.

Table 4. Condition of the examination room



Item 1 (The exam is conducted in a quiet, private, and 90% sound proof room)

2.20 0.90 Fair

Item 2 (The room is containing no decorations, pictures, paintings or other objects on a wall)

2.02 0.89 Fair

Item 3(The subject is not subject to physical abuse or body contact)

2.24 0.89 Fair


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Item 4(The room is very conventional as to painted walls and furniture)

2.18 0.83 Fair

Item 5 (The subject faces the glass window or another room during the test)

1.72 0.70 Low

Item 6(The lighting condition of the room is applied well but not too much brightness)

2.02 0.59 Fair

Item 7(Observation room adjoining with the examination room equipped with one-way mirror)

1.74 0.66 Low


Table 4 shows the condition of the examination room. As shown, the overall mean (2.02) verbally described as fair.

Item 3 (The room is properly ventilated with an even and comfortable temperature) has the highest mean (2.24) verbally described as fair, while the lowest mean (1.72) falls in item 5 (The subject faces the glass window or another room during the test) verbally described as low.

The data in the highest mean reveal that a room that is properly ventilated and has a stable temperature is more conducive to perform the examination. According to Gardner (1988), the room where the examination is conducted should be in even circulation of air so that there will be a fewer distractions and disturbances on the mind of the subject, and there will be high probability that the subject can focus his attention on the questions that are being asked to him.

The data in the lowest mean disclose that the subject who faces a glass window or other rooms during the test has a poorer finding in the examination. According to Yount (2007) the subject should not face a glass window or any room for the reason that it might affect his concentration because of the possible outside distractions such as work and movements of the people, noise, conversation of persons, etc., which can influence his response during the test.

Objective 2. To determine the accuracy and effectiveness of the examination result and its admissibility in court trials

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Table 5. Accuracy and effectiveness of the examination results



Item 1 (The subject is suitable to conduct polygraph examination)

2.24 0.92 Fair

Item 2 (The requirements for polygraph examination are legally set to the jurisprudence on evidence)

2.06 0.84 Fair

Item 3(Allows the public opinion on the result of the polygraph test)

1.58 0.78 Low

Item 4(Proper training of the examiner)

2.18 0.83 Fair

Item 5(The test is administered by an experienced examiner)

2.04 0.81 Fair

Item 6(The counsel of both parties sign a written condition agreeing to the admission to the examination)

1.94 0.71 Fair

Item 7(No subject can be compelled to take the test against his will)

1.84 0.68 Fair

Item 8(The polygraph, alone, can be evidence to hold one responsible for a crime)

0.31 1.12 Low

Item 9(Result of polygraph examination is admitted in court)

1.06 0.33 Low


Table 5 shows the accuracy and effectiveness of the examination results. As shown, the overall mean (1.78) is verbally described as fair.

Item 1 (The subject is suitable to conduct polygraph examination) has the highest mean (2.24) verbally described as fair, while the lowest mean (1.06) falls in item 9 (Result of polygraph examination is admitted in court) verbally described as low.


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The data in the highest mean reveal that the subject must be suitable in conducting a polygraph examination. According to Howitt (2002) there are requirements, rules and regulations that must be strictly followed so that the rights of the subject would not be violated and somehow the result from the test would aid the investigator towards solving the crime.

The data in the lowest mean disclose that the result in the polygraph examination is not accepted in court. According to Del Carmen (2001) most courts refuse to accept the results in polygraph test in either civil or criminal proceedings particularly when the test is administered by unqualified operators.

Objective 3. To determine the significant variation between the independent and dependent variables

Table 6. Significant variation between the independent and dependent variables

Variables Regression F ValueCoefficients

Prob. Interpretation Ho:

Formulation of Test Questionnaires

.789217 10.228(r2 =.62286)

.0025 Significant Reject

Condition of the Subject

.775362 7.226(r2 = .67504)

.0100 Significant Reject

Variables Regression F ValueCoefficients

Prob. Interpretation Ho:

Qualification of the Examiner

.093215 .386 .5378 Not Significant

Not Reject

Condition of theExamination Room

.099948 .444 .5087 Not Significant

Not Reject

Table 6 shows the significant variation between the independent and dependent variables.

As shown, two of the variables are related to the accuracy and effectiveness of the examination results. These are the formulation of the test questionnaire, and the condition of the subject.

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On the other hand, two variables are not related, such as qualification of the examiner, and condition of the examination room.

The data in the variables which are related reveal that the formulation of test questionnaire and the condition of the subject have been considered significant in the examination. According to Hails (2005) the formulation of test questionnaires and the condition of the subject are made and prepared appropriately it will have a higher possibility to have a fine and correct results from polygraph test.

The data in the variables which are not related disclose that the qualification of the examiner and the condition of the examination room has a less significant in the polygraph test. According to Bennett & Hess (2004) the qualification of the examiner and the condition of the examination room should be placed under an absolute scrutiny, especially the qualifications and skills of the examiner since he is the one who interprets and gives opinion based on the response from the subject and the result of the examination.

CONCLUSIONS

The following conclusions are drawn:

1. The competency of the polygraph examiner has been verified as capable in obtaining approximate precise result of the polygraph examination.

2. The polygraph examination has been confirmed effective and useful to the policemen in their investigation to determine and eliminate suspects of the crime.

3. The polygraph examination conducted by the Philippine National Police Crime Laboratory Region-10 has been proven ineffective, unreliable and not accepted in convicting an accused by the Court of Law in Cagayan de Oro City.

RECOMMENDATIONS

Based on the results of this research, the following suggestions are envisioned for future researchers:

1. Aside from the Philippine National Police (PNP) Crime


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Laboratory Region-10 polygraph examiner, the policemen must also have further knowledge, training and experience on conducting polygraph examination by conducting seminars.

2. The Philippine National Police Crime Laboratory Region-10 must have a qualified and skilled examiner and an appropriate room for conducting polygraph examination. The examination room must be properly ventilated and has an even temperature.

3. Since the Court in Cagayan de Oro City does not accept polygraph result, the Court must stress the information that even if the polygraph result is not acceptable as evidence in a court trial, it is still capable and helpful in determining and eliminating suspects during an investigation.

4. A future study may also be recommended to National Bureau of Investigation, Polygraph Instructors, and PNP Crime Laboratory in Cagayan de Oro City for the effectiveness of a polygraph machine in detecting lies, in Philippine National Police (PNP) Crime Laboratory – Region 10.

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