Bulacan State University

COLLEGE OF CRIMINAL JUSTICE EDUCATION

City of Malolos, Bulacan
Tel No. (044) 919-7800 to 99 Local 1061 & 1062
Email Add: [email protected]

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 MODULE 3
DOCUMENT

Duration: 1-week discussion

Topics:

1. General Definition of Terms

2. Legal Basis of Documents
3. Kinds of Documents
4. Writings which do not constitute documents
5. Classes of Questioned Documents
6. Standards
7. Nature and Classification of Documents
8. Proper Care and Handling of Questioned Documents

Learning Objectives:

At the end of this chapter, the student will be able to:

✓ Define documents and questioned documents

✓ Enumerate the classification of documents
✓ Discuss the proper care and handling of questioned documents

GENERAL DEFINITION OF TERMS

Document Any material containing marks, symbols, or signs either visible,

partially visible that may present or ultimately convey a meaning to
someone, maybe in the form of pencil, ink writing, typewriting, or
printing on paper.

The term “document” applies to writings; to words printed,

lithographed, or photographed; to maps or plans; to seals, plates
or even stones on which inscriptions are cut or engraved. In its
plural form, “documents” may mean; deeds, agreements, title,
letters, receipts, and other instruments used to prove a fact.

The term document came from Latin word “documentum”, which

means “lesson, or example (in Medieval Latin “instruction, or official
paper”). It may have been derived also from the French word
“docere” means to teach.

Questioned Any material which some issue has been raised or which is under
scrutiny.

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Questioned Document One in which the facts appearing therein may not be true,
and are contested either in whole or part with respect to its
authenticity, identity, or origin. It may be a deed, contract, will,
election ballots, marriage contract, check, visas, application form,
check writer, certificates, etc.

Disputed Document A term suggesting that there is an argument or

controversy over the document, and strictly speaking this is true
meaning. In this text, as well as through prior usage, however,
“disputed document” and “questioned document” are used
interchangeably to signify a document that is under special scrutiny.

Document is questioned because its origins, its contents, or the

circumstance and story regarding its production arouse suspicion as
to its genuineness or it may adversely scrutinize simply because it
displeases someone. Further, it is said to be questioned when it is
disputed or attacked, either in whole or in part as to its date or age,
as to its source or origin, as to the material used in their production,
and as to its relation in some other document.

Standard Document Are condensed and compact set of authentic specimens

which, if adequate and proper, should contain a cross section of the
material form a known source. They are used by the document
examiner as the basis for his identification or non-identification of
the questioned document, as for example the known handwriting
which serves to establish who wrote the disputed letter.

“Standard” in questioned documents investigation, we mean those

things whose origins are known and can be proven, and which can
be legally used as examples to compare with other matters in
question. Usually, a standard consist of the known handwriting of a
person such case, “standard” has the same meaning as is understood
by the word “specimen” of handwriting.

Exemplar A term used by some document examiners and attorneys to

characterize known material. Standard is the older term.

Sample a selected representative portion of the whole is known as a sample

In this text, the term “sample” follows closely the statistical usage

Holographic document Any document completely written and signed by one

person, also known as a holograph. In a number of jurisdictions, a
holographic will can be probated without anyone having witnessed
its execution.

Reference collection Material compiled and organized by the document

examiner to assist him in answering special questions. Reference

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 collections of typewriting, check writing specimens, inks, pens,
pencils, and papers are frequently maintained.

LEGAL BASIS OF DOCUMENTS

1. In the case of People vs. Moreno, CA, 338 O.G. 119, a document is any written
document by which a right is established or an obligation is extinguished.

2. In the case of People vs. Nillosquin, CA, 48 O.G. 4453, a document is every
deed or instrument executed by person by which some disposition or
agreement is proved, evidenced or set forth.

3. In relation to Criminal Jurisprudence under the Best Evidence Rule, document

is any physical embodiment of information or ideas; e.g. a letter, a contract, a
receipt, a book of account, a blur print, or an X-ray plate (Black’s Law
Dictionary)

KINDS OF DOCUMENTS

1. Public Document – any instrument notarized by a notary public or competent

public official with solemnities required by law. (Cacnio vs. Baens, 5 Phils. 742)

2. Official Document – any instrument issued by the government or its agents

or its officers having the authority to do so and the offices, which in accordance
with their creation, they are authorized to issue and be issued in the
performance of their duties.

3. Private Document – every deed or instrument executed by a private person

without the intervention of a notary public or of any person legally authorized,
by which documents, some disposition or agreement is proved, evidenced, or
set forth (US vs. Orera, 11 Phil. 596)

4. Commercial Document – any instrument executed in accordance with the

Code of Commerce or any Mercantile Law, containing disposition of commercial
rights or obligations.

Nota Bene (N.B.) – a private document may become a public or official document when it
partakes the nature of a public or official record. So if the falsifications committed on such
document that is, when it is already a part of the public record, falsification of public or
official document is committed. However, if such private document is intended to become
a part of the public record, even though falsified prior thereto, falsification of a public
document is committed.
WRITINGS WHICH DO NOT CONSTITUTE DOCUMENTS – based on some
Supreme Court Rulings.
1. A draft of a Municipal payroll which is not yet approved by the proper authority
(People vs. Camacho, 44 Phil. 484).

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 2. Mere blank forms of official documents, the spaces of which are not filled up
(People vs. Santiago, CA, 48 O.G. 4558).

3. Pamphlets or books which do not evidence any disposition or agreement are

not documents but are mere merchandise (People vs. Agnis, 47 Phil. 945).

CLASSES OF QUESTIONED DOCUMENTS:

1. Documents with questioned signatures

2. Questioned documents alleged to have been containing fraudulent alterations.

3. Genuine documents erroneously or fraudulently altered or disputed

4. Questioned or disputed holographic wills

a. HOLOGRAPHIC WILL – will entirely written in the handwriting of the testator
b. NOTARIAL WILL – signed by the testator acknowledge before a notary public
with 3 witnesses

5. Documents investigated on the question of typewriting

a. with a view of ascertaining their source
b. with a view of ascertaining their date
c. with a view of determining whether or not they contain fraudulent alterations
or substituted pages

6. Questioned documents on issues of their age or date

7. Questioned documents on issues of materials used in their production

8. Documents or writings investigated because it is alleged that they identify some

persons through handwriting

STANDARDS
There must be no doubt about the authenticity of the standards. The document
examiner needs to be able to rely on the standards, and the standards may need to
be accepted as evidence in court.

Document examiners should automatically ask for original documents if they

are not provided. In most cases, original documents are the best evidence, both for
standard and questioned documents If the original is not available, an early generation
photocopy or a photograph of the original can be sufficient for examination.

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 The best standards are those that most closely emulate the time frame,
circumstances, materials, and content of the questioned document Therefore,
document examiners must look for collected standards executed close in time to the
questioned document This is especially critical in cases involving illness, death,
accident, mental imbalance, substance abuse, or anything likely to cause a dramatic
change in the subject’s behavior.

Standards, Exemplar, Sample

Standard They are known writings which indicate how a person writes A writer
manifests fixed habits in his writing that identify him This fact
provides the basis for an opinion of conclusion regarding any writing
identification problem

Exemplar specimen of the writing of suspects are commonly known as

exemplars The term standards is a general term referring to all
authenticated writings of the suspects while exemplars refer more
especially to a specimens of standard writing offered in evidence or
obtained or request for comparison with the questioned writing

Sample a selected representative portion of the whole is known as a sample

In this text, the term “sample” follows closely the statistical usage

Standards of Comparison Standards or exemplars are legally admissible,

authentic samples of handwriting used for comparison with
questioned writing to determine the authenticity or spuriousness of
the questioned writing They are also called known samples Their
genuineness must be clear and undisputed. (Koppenhaver, 2007)

TYPES OF STANDARDS

1. Collected Standards documents previously written in the normal and day to

day course of business and known to be genuine may include bank records,
letters, legal forms, etc are known genuine handwriting of an individual such as
signature and endorsement on canceled checks, legal papers letters, commercial,
official, public and private document and other handwriting such as letters,
memoranda, etc written in the course of daily life, both business and socials.

2. Requested Standards samples that the subject is requested to give in order to

facilitate the document examination are signatures or other handwritings or hand
printings written by an individual upon request for the purpose of comparison with
other handwriting or for specimen purposes

3. Post Liten Motan exemplars writings produced by the subject after evidential
writings have come into dispute and solely for the purpose of establishing his
contentions

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LEGAL ASPECTS OF STANDARD WRITINGS

If the standard used by the document examiner in an identification of writings

on which the document examiner bases his conclusion cannot be introduced, then the
document examiner may not be able to provide convincing demonstration or his
testimony may be weakened.

Standard writing which is admissible for comparison purposes

1. Standard writing witnessed

a. The court accepts a sufficient proof that evidence in the form of uncontradicted
testimony of a competent eyewitness to the execution of writing is sufficient to
permit the use of such writings as standard to test other writing

b. It is not necessary for the witness to actually have watched the pen of the
writer as it passed over the paper where it appeared that there was no other
person present at the time but the writer and the witnesses, that the writing
was done in the witnesses presence and that the writer then gave them the
pen

c. Included in this class of admissible standards are writings voluntary prepared

by a party in the absence/presence of an investigator

2. Standard writings admitted if the party whom a handwriting standard is to be

admitted, the genuineness of the standards, the court could hold that further
proof of genuineness is necessary.

3. Record maintained in regular course of business as standard writings

Generally, the context of records maintained in the regular course of business are
admissible as an exemption to the hearsay rule, as proof of their contents

4. Government documents as standard writings signatures of government

officials on document treated as authentic and produced from official archives
may be admitted as evidence as standard of comparison

5. Ancient writings the courts have admitted writings on ancient document as

standard of comparison

6. Familiarity sometimes establishes standard writings testimony to the

genuineness of a collection of standards of writings by witnesses who are familiar
with a person’s handwriting

NATURE AND CLASSIFICATION OF DOCUMENTS

Questioned documents have a variety of classes, including those that are

obliterations, additions, or idented writings; charred documents and ink exams; or
those that involve comparisons, dating, paper and pencil lead.

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 For distribution purposes, documents are classified in the following categories:

1. General – documents receiving full circulation. This classification is used on basic

documents and final meeting records, including agendas, studies and reports,
communications from Governments, resolutions, and other decisions of concerns.

2. Limited – documents for which wide circulation is unnecessary because of the

temporary nature of the documents, such as draft resolutions, amendments, draft
reports and other action documents. This “limited” classification is indicated by an
“L” symbol. Some technical documents which are issued for delegates are issued
as limited documents. These may contain important information of interest to
researchers calling upon the services of the library. Documents in the limited
category are generally available for a relatively short period of time. Therefore, it
is advantageous to request limited documents not received through regular
distribution or additional copies of limited documents soon after the original
document is issued, whenever it is possible.

3. Restricted – applies exclusively to documents whose content requires that they

be treated as confidential or that they be withheld from public circulation. The
designation “Restricted: is indicated by a “R” symbol. In general, libraries do not
receive any documents designated as restricted, and researchers requesting them
should be informed that they are not available.

PROPER CARE AND HANDLING OF QUESTIONED DOCUMENTS

When a questioned document is found at a crime scene, the document
examiner is usually not among the first responder to ensure its proper care and
handling It is therefore important that first responders to crime scenes are properly
trained to do this.

The process of proper handling of document evidence begins when a document

is first recognized as having some level of significance in a crime or other litigation or
civil inquiry.

From the moment that the genuineness of a document is questioned, it should

be handled and cared for in such manner as not to impair in the slightest degree its
value as evidence

Precautions may seem unnecessary, but it frequently happens that through

carelessness or ignorance, the evidential value of an important document is seriously
impaired and the case becomes jeopardized.

As early as practicable, the exact physical condition of every part of a suspected

document should be carefully preserved It is usually of special interest to one of the
parties to insist that the document be properly protected and cared for.

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 Questioned Document Examination must take place first before subjecting the
evidence to other forensic disciplines or processes such as taking latent prints, and
thin layer chromatography These processes may contaminate and destroy the
evidence Therefore, the forensic document examiner has to have first priority in
examining the evidence in order to ensure a comprehensive document examination.

Recommendations to retain a Questioned Document’s evidentiary value (Kelly

& Lindblom, 2006):

DO’s DON’Ts
1. Use envelopes for storage and 1. Use staples, pins, or clips
transportation The enveloped should
be large enough to hold the 2. Make perforations
document without folding If the
document is to be examined for 3. Create new folds
fingerprints or indented writing, wear
gloves or hold it tightly between the 4. Write on or otherwise mark the
sides of the fingers, but only long documents If labeling and initialing
enough to place it in the evidence is necessary, then make
envelope Be sure to label the identification marks in blank spaces
envelope for fingerprinting
5. Write on the evidence envelope if it
2. Photocopy, photograph, or scan the contains the document
documents as required the process
will not damage them in any way Do 6. Touch the document with a pencil,
not use the auto feed option on a pen, or other pointed instrument\
photocopier
7. Glue the pieces of a torn or
3. Protect documents from excessive fragmented document onto a
heat, light, or dampness background Submit them “as is” in
a sealed evidence package
4. Prepare a complete history of each
document showing date, place, and 8. Make erasures
from whom it was obtained
9. Make any tracings
5. Handle documents as little as
possible 10. Cut or tear the document Also, do
not attempt to repair the cut
6. Remember The document evidence
must be examined first before it is 11. Underscore, highlight, or circle
subjected to additional forensic words
examinations Be sure to state in the
evidence package or in the request to 12. Carry disputed documents loosely
the examiner that additional forensic in pockets
testing is desired
13. Allow other people to handle or
tamper with questioned writings

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14. Allow the suspect to handle or see
the disputed document

15. Allow anyone other than a properly

trained forensic scientist to make
chemical or other tests

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