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INTRODUCTION

TO
QUESTIONED DOCUMENTS

DARWIN P. BATAWANG, PH.D. CRIM


QUESTION DOCUMENT
One in which the facts appearing therein are not
true, and are contested either in the whole or in
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.
Terms to Know

Writings which do not constitute documents


Paper
✓ A draft of a Municipal payroll which is not
Writings Symbol
yet approved by the proper authority


Records DOCUMENT Signs
Mere blank forms of official documents,
the spaces if which are notMessage
Marks filled up
It is written
Every
Any physical
any material
deed embodiment
or that contains
document
instrument of information
by which
by mark,
which
a rightsymbols,
some isor ideas;
or signs;
e.g.
disposition
established ora an
or

visible,
letter,
Pamphlets
apartially
obligation
agreement contract,
or
visible,
isisextinguished
proved,
books
a receipt,
which
or (People
invisible;
a bookor
evidenced, of
vs.
do
that
not
account,
set
evidence
may (People
Moreno)
forth ultimately
a blueprint,
vs.
convey
or over
an X-ray disposition
a meaning
Nillosquin) plate (Black’s or
Lawagreement
or message to someoneare
Dictionary) not
(Brenner,
2004).document but are mere merchandise.
DOCUMENT
✓ Etymologically,
it may have been
derived from the Latin words :

 “docere”
(teach) and
 “documentum” (lesson/proof/example).
Kinds of Document

Public

Commercial Private

Electronic DOCUMENT Official

Executed
Notarized
Issued
Exist only
byby
in
by
in
government
accordance
electronic
aa private
notary public
person
form
orwith
its such
or
agents
the
without
competent
code
as or
data
the
of
its commerce
stored
intervention
officers
publicon official
having
aorofany
a
with
notary
the
computer,
mercantile
authority
solemnities
publicnetwork,
law,
to
or containing
do
any
required
so
back-up,
person
andby the
disposition
authorized.
law
archive
offices,orof
which
other
commercial
isstorage
in rights
accordance
media.
or obligations.
(RA 8792)
with their creation, they are authorized to
issue and be issued in the performance of their duties.
Terms to Know

Arguable

invalid Untrue

Scrutinized DISPUTED Doubtful

Controversy Questionable
A term suggesting that there is an argument or
controversy over the document.
Terms to Know

Exemplar

Known Basis

Model STANDARD For Comparison

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.
Terms to Know

Holographic Document
➢ Any document completely written and signed by
one person; also known as holograph.

Reference Collection
➢ Material compiled and organized by the document
examiner to assist him in answering special
questions.
DOCUMENT AND
QUESTIONED DOCUMENT
EXAMINATION
Terms to Know

ADDITION – any matter made a part of the


document after its original preparation may
be referred to as addition.

CONCLUSION – A scientific conclusion results form


relating 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.
Terms to Know

DOCUMENT EXAMINER – One who studies


scientifically the details and elements of 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 work has outgrown this latter title and
involves other problems than merely the examination
of handwriting.
Terms to Know

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 eradication in which the writing is
removed or bleached by chemical agents; and an
abrasive erasure is where the writing is effaced by
rubbing with a rubber eraser or scratching out with
a knife or other sharp with implement.
Terms to Know

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.
Terms to Know

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. The 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 an expert
witness.
Terms to Know

HANDWRITING IDENTIFICATION EXPERT – a


common name for the document examiner.

IDENTIFICATION – 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.
Terms to Know

INSERTION OR INTERLINEATION – 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.
Terms to Know

NON-IDENTIFICATION – As used in this text it


means the source or authorship of the compared
questioned and standard specimens is different.

OBLITERATION – the blotting out or shearing over


the writing to make the original invisible to as an
addition.
Terms to Know

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.
Terms to Know

QUALIFICATION – 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.
CLASSES OF QUESTIONED DOCUMENT

1. Documents with questioned signatures.

2. Questioned documents alleged to have


been containing fraudulent alterations.
CLASSES OF QUESTIONED DOCUMENT
3. Questioned or disputed holographic wills.
(Last Will and Testament)
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.
CLASSES OF QUESTIONED DOCUMENT

4. 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 of
substituted pages.
CLASSES OF QUESTIONED DOCUMENT

5. Questioned documents on issues of


their age or date.

6. Questioned Documents on issues of


materials used in their production.
CLASSES OF QUESTIONED DOCUMENT
7. Documents or writings investigated
because it is alleged that they identify some
persons through handwriting.
a. Anonymous and disputed letters, and
b. Superscriptions, registrations and
miscellaneous writings.
Writing without any name
acknowledge, unknown
name or a person whose
name is withheld
SUBJECTS CONSIDERED IN QUESTIONED DOCUMENT
EXAMINATION
A. Handwriting Examination
(Graphology/Graphoanalysis)
1. examination of signatures and initials
2. examination of anonymous letters
3. hand printing examination
B. Examination of typewriting's and typeprints
C. Examination of inks
SUBJECTS CONSIDERED IN QUESTIONED DOCUMENT
EXAMINATION
D. Examination of erasures, alterations or
obliterations, etc.
1. detection of alteration
2. decipherment of erased writings
3. restoration of obliterated writings
SUBJECTS CONSIDERED IN QUESTIONED DOCUMENT
EXAMINATION
E. Counterfeiting
1. examination of currency bills and coins
and the like
2. examination of fake documents
SUBJECTS CONSIDERED IN QUESTIONED DOCUMENT
EXAMINATION
F. Miscellaneous aspects
1. determination of age of documents
2. identification of stamps
3. examinations of seal and other
authenticating devices
DOCUMENT EXAMINATION
PURPOSE:
A document may be examined for a number of
purposes including:
1. Identity of the author
2. True contents of the document
3. Origin of the instrument or paper used in making
the document
4. Alterations or erasures, which have been made.
5. Authenticity of the document.
THE LOGICAL PROGRESS OF INQUIRY IN DOCUMENT
EXAMINATION
1. ASCERTAIN THE FACTS: to select “QUESTIONED”,
“DENIED” or “ADMITTED”, “ AUTHENTIC “, and
“DOUBTFUL” documents.

2. ANALYZE THE DETAILS: Synthesize the elements,


date and circumstances, conditions, technical problems
and the like.

3. QUALIFY THE CASE: Photo enlargements are always


useful for demonstrating the reasons on which the opinion
is based, especially in Court.
Scientific Method in Questioned Document
1. Analysis- properties of characteristics observed or measured.
2. Comparison- Properties or characteristics of the unknown
determined thought analysis are now compared with the
familiar or recorded properties of known items.
3. Evaluation- Similarities or dissimilarities in properties or
characteristics will each have a certain value for identification,
determined by its likelihood of occurrence.
4. Verification- peer review
The principle of identification requires that 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 for differences.
It may be concluded that they are same in their characteristics attributed to the
same cause.
THANK YOU!

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