Questioned Document Examination Prelims 2.0

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QUESTIONED DOCUMENT EXAMINATIO – PRELIMS

6 Areas of Criminology

1. Criminal Law and Jurisprudence


2. Law Enforcement Administration
3. Forensic/Criminalistics
4. Crime Detection and Investigation
5. Sociology and Crimes and Ethics
6. Correctional Administration

Document
- Documents in its fullest meaning refers to any material, which contains marks, symbols or sign either visible,
partly visible, or invisible which may presently or ultimately convey a meaning of message to someone.
- It came from the Latin word “documentum”, which means “lesson or example”. It may have derived also from
the French word “docere” means to “teach”.

2 Categories of Document
1. Standard Document
- Specimen document, in which the origin is known, can be proven and can legally be used as sample to compare
with other things in questioned

Two Types of Standard Document


a. Collected or Procured Standard
o Are those specimen standards which are obtain from the records of files, these are executed in the ordinary
course of mans activities or executed on the day to day writing activity be it social, business, official or
personal affairs.
b. Requested
o It refers to those, which are given or made upon request of an investigator, or document examines for
purposes of making a comparative examination with the questioned specimen.

2. Questioned Document
- It refers to document in which an issue has been raised or which under scrutiny.
- Disputed Document is another term used interchangeably with word questioned document.

KINDS OF DOCUMENTS

1. Public Document
- These are documents, which form part of the public records. This includes solemnized documents.
- 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.
- Is any instrument authorized by a notary public or a competent public official, with the solemnities required by
law. ( Cacnio, et.al. vs Baens, 5 Phil. 724)
- PS. Public Documents are those authorized by a notary or by a competent public official, with the solemnities
required by law. (meaning is any document na kapag once na-notarized na magiging Public Document na siya)
- EXAMPLE: Birth certificates, marriage contracts, etc.
2. Official Document
- These are documents issued in connection with public officers’ official function.
- 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 as a larger classification.
- EXAMPLE: Suspension letter, barangay clearance, etc.
3. Private Document
- These are documents executed by private individual without government intervention.
- A deed or instrument executed by a private person without the intervention of a notary public or other person
legally authorized, by which documents, some disposition or agreement is proved, evidenced or set forth. (US
Vs. Orera, 11 Phil 596) e.g. Theater Ticket.
- EXAMPLE: Testament, diary, love letter, etc.
4. Commercial Document
- These are documents issued in accordance with the mercantile (business) law.
- Defined and regulated by the Code of Commerce or other commercial law.
- EXAMPLE: Receipts, vouchers, etc.

CLASSES OF QUESTIONED DOCUMENTS

1. With Questioned Signatures (the most encountered class-legal or commercial)


2. Those containing Fraudulent Alterations (meaning binabawasan or dinadagdagan)
3. With questioned Typewriting
a. With a view to ascertaining their source.
b. With a view to determining their date.
4. Questioned or disputed Holographic wills
a. Holographic – entirely written in the handwriting of the testator. The writing of an entire written document is
all questioned.
b. Notarial – signed before notary public.
5. With issues of their AGE and DATE
6. With issues of the MATERIALS used
7. Those that identify some persons through handwriting
a. Anonymous and disputed letters, and
b. Superscriptions, registrations and miscellaneous writings.
8. Genuine documents erroneously attacked

QUESTIONED DOCUMENT
- Is any document about which some issue has been raised or placed under scrutiny.
- Is also defined as any signature, handwriting, typewriting or other mark whose source or authenticity is in
dispute or doubtful.
- A document 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.
- Disputed document is another term used interchangeably with the word questioned document.
- The focal point of the examination and to which the document examiner relies as to the extent of the problem.
(also referred to as disputed document).
o Contemporary Document – documents which are not more than five (5) years before or after.
CLASSES OF DISPUTED DOCUMENTS
A. Document with questioned signature (Common).
 This class of disputed document becomes one of the most commonly encountered cases due to the exceeding
value of signature to human affairs. Man can transfer obligations and rights from one person to another
through signing of documents such as check, business contract, withdrawal of certain money from the bank
and others.
B. Document containing alleged fraudulent alterations.
 Another class of disputed signature that also captured the attention of questioned document examiner for its
has a variety of sub classes such as erasure, addition, interlineations, insertion, obliteration, contact writings,
invisible writing, charred document, water-soaked documents and others.
C. Holograph Document (Document which is completely written and signed by only one person).
- Last will and testament, personal letters, anonymous letters, ransom notes, letter of treats are some of the
documents that falls under this class of disputed document.
D. Document questioned as to their age or date.
- Document such as birth certificate is one of the most controversial documents that is being questioned as to age,
the rest as land titles, certificates, licenses and other government documents, which are subject to expirations
and renewal.
E. Document questioned as to the material used in their production
- Generally most of the public documents are the one being subjected to this kind of controversy. Our Currency
bills is one of the very concrete example of documents which are being forge through use of false materials and
printing process. Passport, license and certifications also belong to this class.
F. Documents involving typewriting that are investigated or examined for the purpose of determining their:
1. Source;
2. Date; and
3. Contents.
G. Documents which may identify a person through handwriting; and
H. Genuine documents erroneously or fraudulently altered or disputed.

BASIC POINTS THAT SHOULD BE CONSIDERED IN OBTAINING STANDARDS

A. COLLECTED/PROCURED STANDARDS

1. Similarity of Subject Matter


- As a rule only like things are to be compared, meaning standards should always conform with the nature of the
questioned or disputed material otherwise it will be crazy on the part of a document examiner to compare two
things which are never even the same in their generic appearance.
2. Amount of Writing Standards
- There is no hard or fast rule as to the fixed number of standards necessary to constitute sufficiency or adequacy
of standards. Although experience shows that at least seven (7) standards usually constitute sufficiency of
standards, but still Ten (10) is better than seven (7), fifteen (15) is better than ten (10). In short the more standard
you gather the better.
3. Writing Instrument and paper used
- Writing instrument and paper used in the preparation of a document may somehow influence in certain degree
the quality of the writing. Thus, it will be strongly advice to utilize similar writing instrument and paper as that of
the questioned so as to eliminate the possible difference brought by them to the over-all appearance of the
writing.
4. Writing Conditions
- Conditions both of the writer and the relative condition under which the writing was prepared also affect the
quality of writing Conditions of the writer such as his physical, mental, emotional and psychological conditions
greatly affects the momentum of his hand in executing the writing. In the same manner, the position in writing,
the surface underneath the paper, and other outside factors affecting the writer’s execution also affects the
quality of the output.

B. REQUESTED/DICTATED STANDARDS

Ordinary requested standards are obtained upon request to the person so authorized to prepare and immediately
thereafter standards are made and obtained. But in cases of dictated standards certain pointers should be taken into
consideration so as to lessen the possibility of obtaining the wrong standards such as:

1. text must be carefully be selected – do not dictate the questioned document exactly as it is for such will give
opportunity for the subject to recall how he/she prepared the questioned if he is the suspect to the case.
2. Dictate the test to the writer and never allow the subject to see the questioned document.
3. Dictation must be repeated for at least 3 times. – This is to give chance for the subject to cope with the dictation and
not for him to be in a hurry in preparing the standards.
4. Dictation must be interrupted at an interval so that the suspect will feel relax and be able to execute his natural
writing.
5. Utilized the same writing instrument and paper as that of the questioned.
6. Normal writing condition should be arranged so that the writer will feel relax during the process of dictation.

Importance Personalities in the Development of Questioned Document Examination

ALBERT OSBORNE & WILSON R. HARRISON


- Made the efforts on the development of questioned document examination both in the field and its acceptance
by the courts.
ALBERT OSBORNE
- Gained the fame as the “Father of Modern Document Examination
J. NEWTON BAKER
- In his book “The Law of Disputed and Forged Documents”, states that “ Forgery was practiced in the earliest
times in every country where writing was the medium of communication.”
TITUS
- An earliest skillful forger in his time.
CICERO
- Berated Anthony for making profits by counterfeiting handwriting.
HITLER DIARIES
- A most sensational case where detected through document examination that the diaries are to be forged.
WRITING MATERIALS (PAPER)
o The word “paper” is etymologically derived from “papyrus”, Ancient Greek for the Cyperus papyrus plant.
o Papyrus is a thick paper-like material produced from the pitch of the Cyperus papyrus plant which was used in ancient
Egypt and Mediterranean cultures for writing long before the making of paper in China.
o Paper “wood” like material primarily used for writing, first invented in ancient China.
o The first making papermaking process was documented in China during the Eastern Han period (25-220 C.E),
traditionally attributed to the court official Cai Lun.
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o During the 8 century Chinese papermaking spread to the Islamic world.
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o By the 11 century papermaking was brought to medieval Europe, where it was refined with the earliest known paper
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mills utilizing waterwheels. Later, Western improvements to the papermaking process came in the 19 century with
the intervention of wood-based papers.
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o Medieval India in the 7 century. However, the use of paper was not widespread there until the 12 century.

CLASSES OF INK
o PRINTING INK – made by grinding carbon in the form of vegetable char with the varnish made of natural gums and
drying oils.
o CANCELING INK – often contains carbon and this fact should born in mind when it is required to decipher faint
cancellation marks on postage stamps or wrappers.
o IRON – TANNIN INK – discovered in a way that when soluble salts iron mixed with extracts from vegetable materials
such as tan bark and nut-galls. This dark liquid was found to be more suitable for use with the contemporary invented
type of pen, the quill (a writing tool made from a moulted flight feather (preferably a primary wing-feather) of a large
bird.)
o COLORED INK – Synthetic dyestuffs from the basis of practically all colored inks whether intended for use in fountain
pens or not.
o COPYING INK – Is substantially a concentrated record ink to which has been added such as glycerin or dextrin.
o LODEWOOD INK – formerly in extensive use but rarely encountered today. About 80 percent of writing ink is dyestuff
ink, the remainder being iron-tannin.
o HECTOGRAPH INK – Consist of a layer of either a gelatine glycerol mixture of special clay. The document to be copied is
heavily written with special ink which consist of suitable dyestuff mixed with glucose, glycerol or a glycol whose
function is to assist the transfer of ink.
o STAMP PAD INK – These inks are very similar to hectographs ink except that they are heavily loaded with humectants,
such as glycerol or glycol, which prevent the pad from drying up. Some of the quick drying stamp-pad ink contain solvent
such as acetone, methyl alcohol or ethyl acetate.
o BALL-POINT INK – The success of the ball-point pen has been bound with the provision of suitable inks.
o Liquid –Lead Pencil Ink – is an ordinary ballpoint pen with a fluid containing finely divided carbon substituted for usual
dyestuff containing ink.
BASIC TERMININOLOGIES,CONCEPTS, THEORIES AND PRICIPLES
o DOCUMENT – refers to any material which contains marks, symbols or sign either visible, partly visible or invisible which
may presently or ultimately convey a meaning or a message to someone.
o DISPUTED DOCUMENT – a term suggesting that there is an argument or controversy over the document.
o QUESTIONED DOCUMENT – any document which some issue has been raised or that which under scrutiny.
o HOLOGRAPHIC DOCUMENT – any document completely written and signed by one person.
o EXPERT WITNESS – a legal term used to described a witness who by reason of his special training or experience is
permitted to express an opinion regarding the issue, or certain aspect of the issue, which involved court action.
o DOCUMENT EXAMINER – one who studies scientifically the details and elements of the documents in order to identify
their source or to discover other facts concerning them.
o FORENSIC SCIENCE – the field of science that is use in the judicial process.
o CHARACTERISTICS – any property of mark that distinguishes in questioned document examination commonly refers to
as identifying details.
o CLASS CHARACTERISTICS – They are those which conformed to the general style acquired when learning to write and
which is fashionable at the time and place. It is the style taught to the child in school or by their parents. Not all
characteristics encountered are document examination are peculiar to a single or thing but rather common to a group.
o COMPARISON – the act of setting two or more items side by side to weigh their identifying qualities.
o EXAMINATION – the act of making a close and critical study of any material and with questioned documents is the
process necessary to discover the fact the item.
o GRAPHOLOGY – the act of attempting to interpret the character or personality of an individual from his handwriting.
o PALEOGRAPHY – it is the study of early writings, old and ancient scripts. It also focuses on writings done on papyrus,
parchment, vellum, etc.
o PETROGRAMS – writings and drawings printed on the surface of the rocks
o AMBIDEXTROUS – ability to write with both left and write hand.
o ICONOGRAPHS – Is the first form of written communications which started as far as 20,000 ago the Neolithic man was
graphically represented by arranged objects and drawings on the walls of the caves and big stones.
o PICTOGRAPHS – presented by pictures writings by the Egyptians.
o HIEROGLYPHICS – A kind of picture writing used by Egyptians.
o CUNIEFORM – A system of writing invented by the Sumerians that used wedge-shape symbols.
o SCRIBES – are correspondence/ writing for the public.
o PETROGLAPHS – writing or images on the walls of public area. Most often prohibited by law.
o CACOGRAPHY – characterized as bad writing.
o CALIGRAPHY – is the art of beautiful writing.
o TECHNIQUE – The quality of skills and execution of some artistic scientific works.
o OPINION – In legal language, the document examiners conclusion.
o STANDARD – a condensed and compact set of authentic specimens which, if adequate and proper should contain a true
cross section of the material from a known source.
o COLLECTED STANDARDS – handwritings executed from day to day in the course of personal, business and social affairs
of life.
o REQUESTED STANDARD – handwritings, executed upon request of the investigator for the sole
o POST LITEM MOTAM STANDARD – writing produced by the subject after evidential writings have come into dispute and
solely for the purpose of establishing his contentions.

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