Forensic 4: Questioned Document Examination - LSPU SCC

The Role and Nature of Questioned Document Examiner in Police Work

“The ultimate objective of all investigative and detective works is nothing but search for truth and a battle against lies.” -
Father of Criminalistics, Hans Gross

Three I’s of Investigation

Information, Interview and Instrumentation

“Physical evidence do not lie, only man somehow fails to interpret what the evidence is trying to tell us.”
- Albert Osborn

SOCO - Scene of the Crime Operation

- taking charge of everything from the recognition, collecting, packing, preservation and transmittal of physical
evidence to be referred to the laboratory for proper examination

Questioned Document Examiner has significant parts in various offices and agencies both of public and private bank, SSS,
GSIS, Custom Service, Insurance Company and others.

“No person can write two signatures or handwriting exact alike”

Documents
Documents - Any material which contains mark, symbols, sign either visible or invisible which may presently or
ultimately convey a meaning or a message to someone.

Remember, it is not actually the material itself that makes a it document rather it is the markings that makes it a document.

Considering a material as evidence in court, it can be considered as either object evidence or documentary evidence.

Two Categories of Document

1. Standard Document
-Specimen document in which the origin is known, can be proven and can be legally be used as sample to compare
with other things in questioned.
- Condensed and a compact set of authentic specimen
- Serve as a basis for comparison and identification

Two Types of Standard Documents

A. Collected or Procured Standard

- Specimen standards which are obtained from the records of files. Executed in the ordinary course of man’s
activities such as business, social, official or personal affairs

B. Requested Document
- Given or made upon request of an investigator or document examiner for purpose of making comparative
examination with the questioned specimen.
- Also known as Dictated Standard or Post Litem Motam Standard in Latin word

2. Questioned Document
- A document in which an issue has been raised or which is under scrutiny.
- Simple handwritten to more complex form of document which might contain a number of security features such as
paper bills and other official documents.
- Documents can be questioned as to its origin, contents or the circumstances regarding production.
- Disputed document - another term for questioned document

Classes of Disputed Document

A. Document with Questioned Signature (Common)
- Most commonly encountered cases due to exceeding value of signature to human affairs.
- Check, business contract, withdrawal of certain money from the bank and others.
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B. Document containing alleged fraudulent alterations

- Erasure, addition, interlineations, insertion, obliteration, contact writings, invisible writing,charred document,
water soaked documents and others

C. Holograph Documents (Document which is completely written and signed by only one person)
- Last will and testament, personal letters, anonymous letters, ransom notes, letter of threats

D. Document as to their age or date

- Birth certificate, land titles, certificates, licenses and other government documents which are subject to
expiration and renewal

E. Document questioned as to material used in their production

- Currency bill, passport, license and certifications being forged through use of false materials and printing process.

F. Documents involving typewriting that are investigated or examined for the purpose of determining their:
F1. Source
F2. Date
F3. Contents

G. Documents which may identify a person through handwriting

H. Genuine documents erroneously or fraudulently altered or disputed

Legal Classes of Documents

1. Public Document - A document created, executed or issued by a public official in response to exigencies of public
service or in execution of which a public official intervened. Authorized by a notary public or a competent public official
with solemnities required by law.

2. Official Document - Issued by a public official in the exercise of the functions of their office; also a public document. It
usually bears the seals and authorized signatory.

3. Private Document - A deed or instrument executed by a private person without the intervention of a notary public or
other person legally authorized by which document, some disposition of agreement is proved, evidenced or set forth.

4. Commercial Document - defined and regulated by the Code of Commerce and other commercial law.

Some Rulings of court regarding Document

RULES OF COURT , RULE 132 B. AUTHENTICATION AND PROOF OF DOCUMENTS

Section 19. Classes of Documents. — For the purpose of their presentation evidence, documents are either public or
private.

Public documents are:

(a) The written official acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and
public officers, whether of the Philippines, or of a foreign country;

(b) Documents acknowledge before a notary public except last wills and testaments; and

(c) Public records, kept in the Philippines, of private documents required by law to the entered therein.

All other writings are private. (20a)

Section 20. Proof of private document. — Before any private document offered as authentic is received in evidence, its due
execution and authenticity must be proved either:

(a) By anyone who saw the document executed or written; or

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(b) By evidence of the genuineness of the signature or handwriting of the maker.

Any other private document need only be identified as that which it is claimed to be. (21a)

Section 21. When evidence of authenticity of private document not necessary. — Where a private document is more than
thirty years old, is produced from the custody in which it would naturally be found if genuine, and is unblemished by any
alterations or circumstances of suspicion, no other evidence of its authenticity need be given. (22a)

Section 22. How genuineness of handwriting proved. — The handwriting of a person may be proved by any witness who
believes it to be the handwriting of such person because he has seen the person write, or has seen writing purporting to be
his upon which the witness has acted or been charged, and has thus acquired knowledge of the handwriting of such person.
Evidence respecting the handwriting may also be given by a comparison, made by the witness or the court, with writings
admitted or treated as genuine by the party against whom the evidence is offered, or proved to be genuine to the
satisfaction of the judge. (23a)

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