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Concepts and Principles of Questioned Documents

Module No. 2
Total Study Hours: 6hrs
Module Writer: PROF. RIZALINO D. FLORES III
Registered Criminologist
Master of Arts in Criminology

Module and Learning Facilitator Contacts: FB Messanger: Rizalino Flores


rizalinoflores3@gmail.com

Module Learning Outcomes:

 Specify various issues in which forensic document examination can be applied


 Recognize holograph document
 Distinguish simple, simulated and traced forgery and articulate the process of execution for each
 Demonstrate proper handling and care of questioned document
 Specify various instruments and specific applications in the conduct of questioned document examination
 Established the legal efficacy of the document
 Explain how forgery is committed and clarify its legal elements
 Compare and contrast physical from documentary evidence

CONTENT

I. Legal Definitions of Document

a. It is any written statement by which a right is established or an obligation extinguished.


(People vs. Moreno, C.A., 38 O.G. 119)
b. Every deed or instrument executed by person by which some dispositions or agreement
is proved, evidenced or set forth (People vs Nillosquin CA, 338 OG 11
c. Not a legal document
i. Draft if not yet approved by proper authority (ie. municipal payroll)
ii. Blank forms of official documents, (unfilled)
iii. Pamphlets or books which do not evidence any disposition or agreement
(merchandise)

II. Documentary Evidence

a. Any media by which information can be preserved and introduced as evidence in a court
proceeding

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III. Types of Document

a. Public Document - Refers to any instrument notarized by a notary public or competent


public official with solemnities required by law.
b. Private Document – every deed on instrument executed by a private person without the
intervention of a notary public or of any other person legally authorized, by which
document, some disposition on agreement is proved, evidenced or set forth
c. Official Document – any instrument issued by the government or its offices having the
authority to do so and the offices, which in accordance with their creation they are
authorized to issue. The offices must issue the document in the performance of their
duties
d. Commercial Document – any instrument executed in accordance with the Code of
Commerce or any Mercantile Law containing disposition of Commercial rights or
obligations

IV. Various Aspect of Questioned Documents Examination

a. Examination of Handwriting
b. Examination of typewriting and type prints
c. Detection of alterations
d. Decipherment of erased writings
e. Restoration of obliterated writings
f. Determination of the age of the documents
g. Identification of the stamps seal and other authentication devices (imprints)
h. Currency bills and coins and the like
i. Verification of signatures

V. Classes of Questioned Documents

a. Documents with questioned signatures (most commonly encountered class)


b. Documents containing alleged fraudulent alterations
c. Holograph documents – documents which is completely written and signed by one
person (derived from the latin words “holo” means “whole/entire/complete” and
“Graphia” meaning writings or drawings”)
d. Documents questioned as to their age or date
e. Documents questioned on the materials used on their production
f. Documents involving typewriting; and are investigated or examined for purposes of
determining:
i. their source
ii. their date
iii. whether or not it contains fraudulent alterations or substituted pages
g. Documents which may identify a person through handwriting
h. Genuine documents erroneously or fraudulently attacked or disputed.

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VI. Classes of Disputed Signatures

Note: Forgery - It is committed by any person who, with intent to defraud, signs the name of another, or a fictitious person, knowing that
he has no authority to do so, or falsely makes, alters, forges or counterfeits any checks, draft, due bill for the payment of money or
property, or counterfeits or forges the seal or handwriting of another knowing the same to be fake, altered, forged or counterfeited,
with intent to prejudice, damage or defraud any person

a. Forged signatures where no attempt has been made to make a copy or facsimile of the
genuine signature of a person to sign the document (simple forgery/Spurious
signature)
b. Forged signatures of a fictitious person
c. Forged signatures which closely resembles the genuine signature since they have been
produced by a tracing process (traced forgery)

i. Different Process of Tracing

1. Carbon Process or “Carbon Outline Method” - A carbon paper is placed


between the genuine signatures (top sheet) and the fraudulent
document (below). Outline of model signature is traced with dry pen or
pointed instrument to make a carbon offset on the lower sheet. Outline
is finally re-written or retraced with suitable ink

Note: Model Signature - A genuine signature which has been used to prepare an imitated or traced forgery

2. Indentation Process - An indented or “canal-like” outline of genuine


signature is produced on the fraudulent document, with suitable
pressure or force the outline of the genuine signature with a pointed
instrument. The outline is then directly inked, in some instances the
outline is first retraced lightly with a pencil before it is finally retraced
with suitable ink.

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3. Projection process or Transmitted Light Process - Spurious document is
placed immediately over the genuine signature, with strong light
directed through the two sheets of paper from below or behind;
outline, which is seen through upper sheets, is then traced.

d. Forged signatures which resembles the genuine signature, written free-hand (simulated
or copied forgery)
e. Genuine signatures which the writer are honestly unwilling to accept it as genuine
f. Genuine signatures which written illegibly or in an unusual manner, to afford
signatories some plausible grounds for disclaiming them should they deem it expedient
(deliberate)

VII. Care, Handling and Preservation of Documents

a. Do’s and Don’ts in the Care, Handling and Preservation of Documents

i. Do’s
1. Keep documents unfolded in protective envelopes

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2. Take disputed papers to document examiner’s laboratory at the first
opportunity
3. If storage is necessary, keep in dry place away from excessive heat and
strong light

ii. Don'ts

1. Do not handle disputed excessively or carry them in a pocket for a long


time
2. Do not mark the document either by conscious writing or printing at
them with any writing instrument
3. Do not mutilate or damage by repeated refolding, creasing, cutting,
tearing or punching for filling purposes
4. Do not allow anyone except qualified specialists to make chemical or
other test;
5. Do not treat or dust for latent fingerprints before consulting a
document examiner

VIII. Instruments and apparatus needed in Questioned Document Examination


a. 1.Magnifying lens-lenses 5X magnifying power with built-in lighting are found to be
more useful

b. Stereoscopic Binocular Microscope-a microscope where three (3) dimensional


enlargements is possible.

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c. Measuring Test Plate/Transparent Glass plate-used for signatures and typewriting.

d. Table lamps-with adjustable shades like the available “goose neck” lamp.

e. Ultra-violet Lamp-used for developing or restoring erased writings

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f. Infra-red Viewer- the used in determining physical difference of the types of papers and
ink.

g. Iodine Fuming Apparatus –for developing latent fingerprints and for the restoration of
invisible writing.

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h. Silver Nitrate Solution Atomizer-used to spray silver nitrate on paper. Also for latent
fingerprints (Ninhydrin is another chemical that can be used for the same purposes)

i. Transmitted Light gadget- the lights comes from the beneath or behind the glass on
which the paper is placed

Note: The following are the three (3) light examinations performed on documents
1. Direct light examination – the light is placed directly on top of the paper
2. Side light Examination/Oblique light examination – the light is placed at one side of the document at 45 degree angle
3. Transmitted light examination – the light is placed behind the or below the paper

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j. Paper Thickness Gauge-used for measuring the thickness of the paper

k. Copy Camera-like camera with macro lens

Online Study Support

MUST Watch!

Questioned Document Examination evidence and submission


BY: Gregoria GBI-DOFS
https://youtu.be/7gFdzMUV1jA

Note: If the given link is not properly working, please search according to title and author/source

Assessment Methods

1. Recitation
2. 15 item mixed questions quiz
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3. Create/design “infographics” on various aspects of questioned document examination. To
learn more about infographics watch the following:

a. What is infographic?
By: NEDARCemsc
https://youtu.be/zvmDi82xEMc

b. What is Infographic + Downloadable Templates


By: Easelly: Infographic Design
https://youtu.be/Yvo-mHq1ojU

4. Experiential Learning: Analysis of results of traced, simulated and simple forgeries

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