Dear IBP,
Mayroon po nakawan nangyayari sa loob ng opisina namin. Lagi na lang po ito nangyayari kapag malapit na ang sweldo, Nag desisyon po ang Lady Boss namin na ipa imbestigahan ang lahat ng empleyado dahil ang sa tingin nila ay inside job po. Mayroon po daw nag positive sa lie-detector test. Saan po ba ito nagagamit? Paano po ba mapatunayan ng lie-detector ang nakawan? Meron pong nag negative sa lie-detector, pero sinama po sa pag file ng kaso at na dismissed sa trabaho. Ano po dapat gagawin kapag nag negative or nag positive sa lie detector?
Naghahanap ng katotohanan,
Geraldine
Dear Geraldine,
Since you are questioning the lie detector test, here are some points to consider.
The common term “lie-detector,” usually refers to polygraph testing, which tests the presence of deception using a physiological recorder that weighs three symbols: heart-rate/blood pressure, respiration, and skin conductivity. Most forensic examiners today prefer computerized recording systems. The estimated accuracy of the modern polygraph machine is 87%. This means that in 100 people tested, the polygraph machine could accurately determine that 87 persons tested were lying or telling the truth. It is actually a good rate considering that to detect lying is one difficult feat, harder than what is perceived to be, as most studies had shown. Some pitfalls that impede findings are the absence of unique indicators of lying, subtle differences between liars and non-liars, strong countermeasures in the testing, adequate feedback. Also, the presence of embedded lies and violation of privacy in conversation could affect the outcome. It must be noted that there are also people who are very adept at lying. Because of these factors, lie detector testing has generated considerable scientific and public controversy. Nevertheless, polygraph testing continues to be employed by investigators, often to verify the veracity of statements of suspects and witnesses. For now, although the idea of a lie detector may be comforting for investigators but not for suspects, the most practical advice is to answer truthfully the questions thrown during polygraph testing, especially if it is conducted by forensic experts. It must be remembered that the opinions of experts in polygraph testing can be received as evidence under the Rules of Court.
The provision applicable is the A.M. No. 19-08-15-SC, 2019 PROPOSED AMENDMENTS TO THE REVISED RULES ON EVIDENCE, particularly section 5 of RULE 133, WEIGHT AND SUFFICIENCY OF EVIDENCE.
Sec. 5. Weight to be given, opinion of the expert witness, how determined. In any case, where the opinion of an expert witness is received in evidence, the court has a wide latitude of discretion in determining the weight to be given to such opinion, and for that purpose may consider the following: (a) Whether the opinion is based upon sufficient facts or data: (b) Whether it is the product of reliable principles and methods; (c) Whether the witness has applied the principles and methods reliably to the facts of the case; and (d) Such other factors as the court may deem helpful to make such determination.
Therefore, the Court may accept the findings of polygraph examination conducted by NBI or PNP, who are experts in this field.
In the case of PHILIPPINE SAVINGS BANK, pet, VS. Genove, G.R. No. 202049, June 15, 2020, it was stated that the Court had the opportunity to discuss the weight of the results of a polygraph test as evidence of guilt or innocence of the examinee, to wit: A polygraph is an electromechanical instrument that simultaneously measures and records certain physiological changes in the human body that are believed to be involuntarily caused by an examinee’s conscious attempt to deceive the questioner. The theory behind a polygraph or lie detector test is that a person who lies deliberately will have rising blood pressure and a subconscious block in breathing, which will be recorded on the graph.xxx While the Court held that the results of a polygraph test cannot be offered in evidence to prove the guilt or innocence of an accused in a crime, it does not mean that it has no weight at all. Unlike in criminal cases where the prosecution is required to establish proof beyond a reasonable doubt, the burden of proof needed in labor cases is merely substantial evidence. Section 5, Rule 133 of the Rules of Court defines substantial evidence as “that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.”
Thus, the results of the polygraph test may be used in conjunction with other corroborative evidence to prove an allegation made by a party. If a person was found to have given deceptive responses after a polygraph examination, such findings would be appreciated by the Court, provided the techniques for detecting deception were done by experts and had been subjected to independent scientific evaluation. In which case, such polygraph testing would be considered a reliable tool since the deceptive responses would most often lead back to the true perpetrator. With these things said, liars would not always come out clean with their deception. They should not be always overconfident in their ability to avert the truth. The brain may lie because the intellect can overthink, but not the heart. After all, emotions never lie. You may send your comments and questions to ibpdavao@gmail.com.
