FORENS 4 – MODULE 1

DOCUMENT EXAMINATION

A DOCUMENT, in its fullest meaning, is any material which contains

marks, symbols or signs, visible, partially visible or invisible that may
presently or ultimately convey a meaning or message to someone.

Usually, document is in the form of pencil, ink writing, typewriter or

printing paper.

 LEGAL BASIS OF DOCUMENTS

- In the case of People vs. Moreno, CA, 388 O.G. 119, a document is any
written document by which a right is established or an obligation is
extinguished.

- And in the case of People vs. Nillosquin, CA 48 O.G. 44553, a document is

every deed or instrument executed by a person by which some dispositions
or agreement is proved, evidences or set forth.

 KINDS OF DOCUMENT

Under the Philippine Law, the following are the four kinds of document:

1. PUBLIC DOCUMENT- any instrument notarized by a notary public or

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

2. OFFICIAL DOCUMENT - any instrument issued by the government or its

agent 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

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legally authorized, by which the documents, some disposition or

agreement is proved, evidenced or set forth. (US vs. Orera, 11 Phil. 596).

4. COMMERCIAL DOCUMENT – Any document executed in accordance

with the Code of Commerce or any mercantile Law, containing
disposition of commercial rights or obligations.

N.B

A private document may become a public official document when it partakes

the nature of public or official record. So if the falsification committed on such
document, that is, when it is already a part of the public record, falsification of
public of official documents is committed. However, if such private documents
are intended to become a part of the public record, even though falsified prior
thereto, falsification of 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

authorities (People vs. Camacho, 44 Phil, 484).

2. Mere blank forms of official document, the spaces of which are not filled up
(People vs. Santiago, CA, 480.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).

 QUESTIONED DOCUMENT:

 Questioned document examination (QDE) is a term for a forensic

science discipline pertaining to documents that are potentially disputed
in a court of law. The primary purpose of this is to provide evidence

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about a suspicious or questionable document using a variety

of scientific processes and methods. Evidence might include alterations,
the chain of possession, damage to the document, forgery, origin,
authenticity, or any other questions that come up when a document is
challenged in court.

 Document is questioned because of its origins, its contents, or its

circumstance and story regarding its production arouse suspicion as to
its genuineness or it may adversely scrutinize simply because it
displeases someone.

 Document is said to be questioned when it is disputed or attacked, either

in a 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.

 A DOCUMENT may be questioned in whole or in part with respect to its

authenticity, or identity, or align, or the relation among its parts, or its
relation to other things.

The term DISPUTED DOCUMENT, suggests that there is an argument or

controversy over the document, and strictly speaking, this is its true
meaning.

A DISPUTED DOCUMENT is, therefore, always a QUESTIONED

DOCUMENT, while a QUESTIONED DOCUMENT, is not always a disputed
document.

 TYPES OF QUESTIONED DOCUMENTS:

Majority of documents that re questioned or disputed are included in

the following classes:

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1. Documents with questioned signatures or disputed commonly

encountered in documents examinations.
Example: Commercial or Local papers, like checks notes, receipts,
drafts, agreements, assignments, will, deeds, etc.

2. Documents containing allege fraudulent alterations.

Example: Alterations made by erasures, addition, interlineations or
substitution

3. Holograph Document
Example: holographic wills.
A. HOLOGRAPHIC WILL – A will entirely written in handwriting of the
testator.
B. NOTARIAL WILL – Signed by testator acknowledge before any notary
public with 3 witnesses.

4. Documents questioned as to their age or date.

5. Documents questioned as to the materials used in their production.
6. Documents involving typewriting, and are investigated or examined for
purposes determining the following:

A. their source
B. their date
C. whether or not it contains fraudulent alterations or substituted pages

7. Documents which may identify a person through handwritings:

Example:
A. Anonymous letter such as extortion notes, letters of treat, ransom
note.

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B. Superscriptions, registrations, applications and other miscellaneous

writings.
8. Genuine documents erroneously or fraudulently attacked or disputed.

 INTSRUMENT AND APPARATUS NEEDED IN QUESTIONED

DOCUMENT EXAMINATION

Practically, all problems in handwriting examination and other aspects

of Questioned Document Examination are thoroughly determined with the aid
and special application of scientific instruments which are suited to this line
of work.

The following are the instruments or devices used in the examination of

documents:

1. Magnifying lens
 Bank tellers and other bank personnel usually use ordinary hand-lend,
the maximum diameter of which is four inches, and while this appears
big with its wide frame it has s magnifying power of two times (the
original) only. Magnifying lenses of two five items or more magnifying
power, with built-in lightning, are found to be more useful.
2. Shadowgraph
 An image formed when light shone through a fluid is refracted
differently by regions of different density.
3. Stereoscopic binocular microscope (where a tri-dimensional
enlargement is possible)
4. Measures and test transparent glass plates (such as those used
and for signatures and typewriting’s)

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5. Table lamps (with adjustable shade, like the available gooseneck lamps)
for controlled illumination, needed in side-light examination light placed at
a low-angle, in a position oblique to plane of documents)
6. Transmitted light gadget (light comes from beneath or behind glass
on which document is placed)
7. Ultra-violet lamp
 A lamp with a bulb that produces ultraviolet light.
a. Ultraviolet Light- is electromagnetic radiation with a wavelength
shorter than that of visible light.
8. Infra-red viewer
 Is designed for viewing radiation in the 700-1300nm spectral region. By
properly focusing the macro objective lens, objects from 3" to infinity
can be brought into sharp focus.

LEARNING ASSESSMENT
Identify the type of the following documents. After you perform the task turn
in your output to your google class. Don’t forget to hit “turn in or hand in”
button.

1. Birth Certificate – PUBLIC DOCUMENTS

2. Warrant of arrest – OFFICIAL DOCUMENTS
3. Love letter – PRIVATE DOCUMENTS
4. Sales invoice – COMMERCIAL DOCUMENTS
5. Official Receipt – COMMERCIAL DOCUMENTS
6. Examination permit – PRIVATE DOCUMENTS
7. Search Warrant – OFFICIAL DOCUMENTS
8. Test paper – PRIVATE DOCUMENTS
9. Mirage Certificate / Mirage Contract – PUBLIC DOCUMENTS
10. Subpoena – OFFICIAL DOCUMENTS