UNIT-1 Questioned Document

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CAVITE STATE UNIVERSITY

BACOOR CITY CAMPUS

CRIMINOLOGY DEPARTMENT

Soldiers Hills IV Phase 2, Brgy Molino 6, City of Bacoor Cavite


INTRODUCTION TO QUESTIONED DOCUMENT
“Forensic document examination is the study of physical evidence, and physical evidence
cannot lie. Only its interpretation can err. Only failure to fit it or to hear its true testimony can
deprive it of its value.”…. Richard Huber…
Document
The term document came from the 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.
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, or
typewriting, or printing on paper.
In its plural form, ‘documents” may mean: deeds, agreements, title, letters, receipts, and
other written instruments used to prove a fact.
Microsoft Encarta Reference Library gives the following definition of document as a noun:
1. formal piece of writing: one that provides information or that acts as a record
of events.
2. object containing information: an object such as a movie, photograph, or
audio recording that contains information and can be used as evidence.
3. computer file : a file created using an application program, for example, a
data base, spreadsheet, illustration, or text file.
As a verb Microsoft Encarta gives the following definition:
1. record information in or on media: to make a record of something by writing
about it or by filming or photographing it.
2. support a claim with evidence: to provide evidence for a statement or claim
by supplying supporting information.

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CAVITE STATE UNIVERSITY
BACOOR CITY CAMPUS

CRIMINOLOGY DEPARTMENT

Soldiers Hills IV Phase 2, Brgy Molino 6, City of Bacoor Cavite


Document as Defined by Laws/Supreme Court
A document is any written document by which a right is established or an obligation is
extinguished (People vs. Moreno, CA, 338 O.G. 119).
A document is every deed or instrument executed by person by which some disposition
or agreement is proved, evidenced or set forth (People vs. Nillosquin, CA, 48 O.G. 4453).
The term document is said to apply to writings; to words printed, lithographed, or
photographed; to seals, plates, or stones on which inscriptions are cut or engraved; to
photographs and pictures; to maps and plans (Frial v. Fadrigo, December 26, 1974).
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 blueprint, or an X-ray plate (Black’s Law Dictionary).
Writings Which DO NOT Constitute Documents- based from some Supreme Court Rulings.
A draft of a Municipal payroll which is not yet approved by the proper authority (People
vs. Camacho, 44 Phil.484).
Mere blank forms of official documents, the spaces of which are not filled up (People vs.
Santiago, CA, 48 O.G. 4558).
Pamphlets or books which do not evidence any disposition or agreement are not
document but are mere merchandise (People vs. Agnis,47 Phil. 945).
Questioned
Any material which some issue has been raised or which is under scrutiny.
Questioned Document/Disputed 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.
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 “question 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 documents.

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CAVITE STATE UNIVERSITY
BACOOR CITY CAMPUS

CRIMINOLOGY DEPARTMENT

Soldiers Hills IV Phase 2, Brgy Molino 6, City of Bacoor Cavite


Standard/Standard Document
Are condensed and compact set of authentic specimens which, if adequate and proper,
should contain a cross section of the material from 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 hand writing which serves to establish who wrote the
disputed letter.
“Standard” in questioned documents investigation, means 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 the person
such case, “standard “ has the same meaning as is understood by the word “specimen” of
handwriting.

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CAVITE STATE UNIVERSITY
BACOOR CITY CAMPUS

CRIMINOLOGY DEPARTMENT

Soldiers Hills IV Phase 2, Brgy Molino 6, City of Bacoor Cavite


KINDS OF DOCUMENTS
Public Document
A document created, executed or issued by a public official in response to the
exigencies of the public service, or in the execution of which a public official intervened. (U.S. v.
Asensi, 34 Phil. 765)
Any instruments authorized by a notary public or competent public official with
solemnities required by law (Cacnio vs. Baens, 5 Phil. 742).
Official Document
A document which is issued by a public official in the exercise of the functions of his
office. An official document is also a public document. It falls within the larger class called public
document. (U.S. v. Asensi)
A document required by a bureau to be filled by its officers for the purpose of its record
and information is an official document. (People v. Uy, 101 Phil. 159)
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.
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 the documents some disposition or
agreement is proved, evidenced or set forth (US v. Orera,11 Phil. 596).
Commercial Document
Any instrument defined and regulated by the Code of Commerce (People v. Co Beng,
1913) or any other commercial law.
Exemplar
A term used by some document examiners and attorneys to characterize known
material. Standard is the older term.
Holographic Document
Any document completely written and signed by one person; also known as holograph.
In a number of jurisdiction a holographic will can be probated without any one having witness its
execution.

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CAVITE STATE UNIVERSITY
BACOOR CITY CAMPUS

CRIMINOLOGY DEPARTMENT

Soldiers Hills IV Phase 2, Brgy Molino 6, City of Bacoor Cavite


Reference Collection
Material compiled and organized by the document examiner to assist him in answering
special questions. Reference collections of typewriting, check writing specimens, inks, pens,
pencils, and papers are frequently maintained.
CLASSES OF QUESTIONED DOCUMENTS
1. Documents containing questioned signatures.
2. Questioned documents alleged to have been containing fraudulent alterations.
3. Questioned or disputed holographic will.
a. Holographic Will-will entirely written in the handwriting of the testator.
b. Notarial Will-signed by the testator acknowledged before a notary public in the
presence of at least 3 witnesses.
4. Documents investigated on the question of typewriting.
a. Anonymous and disputed letters,
b. Superscriptions, registrations and miscellaneous writings.
c. With a view of ascertaining their resources
d. With a view of ascertaining their dates
e. With a view of determining whether or not they contain fraudulent alterations or
substituted pages
5. Questioned 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 it is alleged that they identify some persons
through handwriting.

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CAVITE STATE UNIVERSITY
BACOOR CITY CAMPUS

CRIMINOLOGY DEPARTMENT

Soldiers Hills IV Phase 2, Brgy Molino 6, City of Bacoor Cavite

DOCUMENT AND QUESTIONED DOCUMENT EXAMINATION


DEFINITION OF TERMS
Addition/ Insertion or Interlineation - a part of the document after its original
preparation may be referred to as addition.
The term “insertion” and interlineations” include the addition of writing and other material
between lines or paragraphs or the addition of whole page to a document.
Conclusion- A scientific conclusion results form relating to observed facts by logical,
common-sense reasoning in accordance with established rules of laws. The document
examiner’s conclusion, in legal term is referred to as “opinion”.
Document Examiner/ Handwriting Identification Expert - One who studies
scientifically the details and elements of the documents in order to identify their source or to
discover other facts concerning them. Document examiners are often referred to as handwriting
identification experts, but today the works has outgrown this latter title and involves other r
problems than merely examination of handwriting.
Term commonly used to refer to a document examiner.
Erasure- The removal of writings, typewriting or printing, from a document is an erasure.
It may be accomplished by either of two means. A chemical agents (e.g. liquid ink eradicator);
and an abrasive erasure is where rubbing with a rubber eraser or scratching out with knife or
other sharp with implement effaces the writing.
Examination- It is the act of making a close and critical study of any material, and with
questioned documents, it is the process necessary to discover the facts about them. Various
types are undertaken, including microscopic, visual photographic, chemical, ultra violet and
infra-red 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 action. His purpose is to interpret technical information
in his particular specialty in order to assist the court in administering justice. The document
examiner testifies in court as expert witness.
Identification (Identity)- as used in this text it is the state of being identical or absolutely
the same as in similarity of source or authorship of the questioned document and the standard
document.

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CAVITE STATE UNIVERSITY
BACOOR CITY CAMPUS

CRIMINOLOGY DEPARTMENT

Soldiers Hills IV Phase 2, Brgy Molino 6, City of Bacoor Cavite


Non-Identification (Non-identity) – as used in this text it means that the sources or
authorship of the compared questioned and standard specimens is different.
Obliteration- refers to the blotting out or shearing over the writing to make the original
invisible as in addition.
Opinion- In legal language, it refers to the document Examiner’s conclusion. Actually in
Court, he not only expresses an opinion but demonstrates the reasons for arriving at his
opinion. Throughout this text, opinion and conclusion are used synonymously.
Qualification- refers to the professional experience, education, and ability of a
document examiner. Before he is permitted to testify as an expert witness, the court must rule
that he is qualified in his field.
RATIONALE
Generally, examination of 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 characteristics of such number and significance as to preclude the possibility of their
occurrence by mere coincidence and there are no unaccounted differences, it may be
concluded that they are the same in their characteristics attributed to the same cause.”
DIVISIONS OF QUESTIONED DOCUMENT EXAMINATION
Criminalistics Examination. This involves the detection of forgery, erasure, alteration or
obliteration of documents. The criminalistics examination of documents similar to other kinds of
laboratory works.
DR. WILSON HARRISON- a noted British Examiner of questioned documents said that
an intelligent police investigator can detect almost 75% of all forgeries by careful inspection of a
document with simple magnifiers and measuring tools.
Handwriting Investigation/Analysis. This is more focused in determining the author or
writing. It is more difficult procedure and requires long study and experience.
FORMS/ASPECTS OF QUESTIONED DOCUMENT EXAMINATION
A. Handwriting Examination (Graphology/Graphoanalysis)
1. examination of signatures and initials
2. examination of anonymous letters
3. hand printing examination

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CAVITE STATE UNIVERSITY
BACOOR CITY CAMPUS

CRIMINOLOGY DEPARTMENT

Soldiers Hills IV Phase 2, Brgy Molino 6, City of Bacoor Cavite


B. Examination of Typewritings and typeprints
C. Examination of Inks
D. Examination of Erasures, alterations or obliterations, etc.
1. Detection of alteration
2. Decipherment of erased writings
3. Restoration of obliterated writings
E. Counterfeiting
1. Examination of currency bills and coins and the like
2. Examination of fake documents
F. Miscellaneous aspects
1. Determination of age of documents
2. Identification of stamps
3. Examinations of seal and other authenticating devices

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