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FS4 Notes

The document provides definitions and explanations of key terms related to questioned document examination. It discusses what constitutes a document, different types of documents, reasons for examining questioned documents, and the process of comparing questioned documents to known standards. It also outlines different aspects of examination including handwriting analysis, signatures, and types of writings.

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0% found this document useful (0 votes)
100 views6 pages

FS4 Notes

The document provides definitions and explanations of key terms related to questioned document examination. It discusses what constitutes a document, different types of documents, reasons for examining questioned documents, and the process of comparing questioned documents to known standards. It also outlines different aspects of examination including handwriting analysis, signatures, and types of writings.

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Sword Saint
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General Definition of Term

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

‌Prima facie

Latin word " documentum", means "lesson, or example (in medieval Latin "instruction, or officual
paper")

Question - any material which some has been raised or which is under scrutiny.

*‌ Question document - one in which the faxts appearing therein may not be true, and are contested
either in while or part with respect to its authenticity, identity, or origin. It may be a deed, contract, will,
election ballots, marriage contract, 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.

Standard (standard document) - are condensed and compact sets of authentic specimens which,
adequate and proper should contain a cross section of the material from a known source.

*"Standard" isn't questioned by document investigation, we mean those things those 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 consc of the known handwriting of a person such case

Exemplar a term used by some document examinerz and attorney to characterize kniw matrrial.
Standards is the older term.

Holographic document aby doxument completely written and signed by one person; also known as a
holograph. In a number of jurisdictions a holographic will can

Legal Aspect of Documents

A. Legal Basis of Document

1.in the case of people vs. moreno, a, 338 O.G 119 any written focument by which a right is established
or an obligation is extinguished.

2. H the case of people vs. nillosquun, CA, 48 O.G 4453 every deed or instrument, executed by person by
which some disposition or agreement is proved, evidence or setforth.

3. In relation to Criminial Jurisprudence under the Best Evidence rule: any physical embodiment of
informant
B. Kinds of Document

1. Public document - notarized by a notary public or competent public official with solemnities required
by law. (Cacnio vs. baens, 5 phil,

2. Official document - issued by the government or its agents or its agents or its officers having the
authority to do so and the offices which in accordance with their creation, that are authorized to issue
and be issued in the performance of their duties.

3. Authorized document

4. Commercial Document

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)

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 attempt are not document 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 alternations.

3. Questioned or disputed holographic wills.

A. HOLOGRAPHIC WILL - will entirely written in the handwritint of the testator

B. NOTARIAL WILL - signed by the testator acknowledge before a notary public with 3 witnesses.

4. Documents investigated on the question of typewriting.

a. With a vuew of ascertaining their source.

b. With a view of ascertaining their date.

c. With a view of determining whether or not they contain fraudulent alternations or substituted pages.

5. Questiined documents on issues of their age or date.

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


7. Documents or writings investigated because olits is alleged that they identify some persons through
handwriting.

a. Anonymous and disputed letters, and

b. Subscriptions

Document and Questioned Document Examination

Addition - any matter made a part of the document after its original perparation may be reffered to as
addition.

Conclusion - a scientific conclusion results from relating observed facts logical, common sense
reasilonung in accordance with established rules or laws. The document examiners conclusion, in legal
terms is refered to as "oppinion".

Document examiner - one who studies scientifically the details and elements of documentz in order to
identify their source or to discocer other facts concerning the.. document examiners are often referred
to as handwriting identification experts, but today the work has outgroen this latter title and involves
other problems other problems than merely the examination of handwriting.

Erasurer - the removal of writings, type writing or printing, from a document is an erasure. It may be
accomplished by either of two means. Chemical eradication in which the writing is removed or bleached
by chemical agents ( e.g liquid link eradicator and an abrasive erasure is where the writing is effaced by
rubbing with a rubber eraser or scratching out with aa knife or other sgarp with implement.

Examination - it is the act of making a close and critical study of any material and with questioned
docunents, it is the process necessary to discover the facts abiut them. Various types are undertaken,
including microscopic, visual photographic, chemical, ultra violet and infrared examination.

Expert witness - a legal term used to describe a witness who by reason of his special training or
experience is permitted to express an opinion regarding the issue or a certain aspect of the issue, which
is involved in a court in administering justice. The document examiner testifies in court as expert
witness.

Insertion or interlineation - the term " insertion" and "interlineations" include the addition of writing
and other material between lines or pargraphs or the addition of whole page to a document.

Non-identification (non-identify) - as used in this text it means that the source or authorship of the
compared questioned and standard specimens is diffent.

Obliteration - the blotting out or shearing over the writing to make the original invisible to as an
andition.

Opinion- in legal language, it refers to the document examiner's cojcousion. Actually in court, he not
only expresses an opinion but demonstrates the reasons for arriving at his ipinion. Throughout this text,
opinion and conclusion are used synonymously.
Qualification - the professional experience education, and ability of document examiner. Before he is
permitted to testify as an expert witness, the court must rule that he is qualified in his field.

Reason for questioned document examination

Generally, examination or questioned documents is restricted to "scientific comparison" which means


that determination of authenticity, genuineness, falsification or forgery lies on the availability of known
standards for comparison. After thorough comparison, the following principle of identification is
applied :

" When two items contain a combination of corresponding or similar and specifically oriented
characteristic of such number and significance as to preclude the possibility of their occurence by mere
coincidence and there are no unaccounted for differences, it may be concluded that they are same in
their characteristics attributed to the same cause."

Divisions Of Questioned Document Examination

A. Criminalistics examination - this involves the detection of forgery, erasure, alteration or obliteration
of documents.

Dr. Wilson Harrison, a noted British Examiner of questioned documents said that an intelligent pilice
investigator can detect almost 75% of all forgeries by careful inspection of a document with simple
magnifiers and measuring tools.

B. Handwriting investigation/analysis - this is more focused in determining the author of writing. It is


more difficult procedure and requires long study and experience.

Forms/aspects (subjects) of questioned document examination

A. Handwriting Examinafiin (Graphology/Graphoanalysis)

1. Examinatiin of signatures and initials.

2. Examination of anonymous letters

3. Hand printing examination

B. Examination of typewritings and typeprints.

C. Examination of inks
D. Examination

Slant - refer to the relative degree of writing inclination relative to the baseline.

Baseline - an imaginary or straight line in which the writing rest.

Types of handwritings

1. Cursive - writing in which the letters are for the most part joined together.

2. Handlettering - refers to writing charactized by a disconnected style.

3. Natural Writing - s specimen of writing that is executed normally and without any attempt of altering
usual wiriting habits.

4. Disguised - a specimen of wiritng executed deliberately with an attempt of changing its usual writing
habits in the hope of hidning one's identity.

5. Guided/assisted - a specimen of writing executed while the writer's hand is steadied. Usually
employed by beginners in writing.

Signature - a name of person signed by himself on a document as a sign of acknowledgement.

Model signature - genuine signture which has been used in preparing a simulated or traced forgery.

Evidential signature - specimen signature which was executed in particular date, particular time and
place, under a particular writer's condtion and for a particular purpose.

Classes of Signature

Reason for Question Document Examination

Generally, examination of questioned documents is restricted to "Scientific Comparison" which means


that determination of authenticity, genuineness, falsification or forgery lies on the availabitlity of known
standards for comparison. After thorough comparison, the following principle of identification is applied:

Three basis of Hand Writing Identification


1. Wignore's Principle of Judicial Proof

2. Environmental, Education and Occupation

3. Immitation of Writing Style

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