EXAMINATION notary public or competent public official with solemnities required by law WEEK 1 (Cacnio vs Baens, 5 Phil. 542) Prepared and Compiled by: Honey Angelu 2. OFFICIAL DOCUMENT – issued by the Mirafuentes, RCrim government or its agents or its officers having the authority to do so and the offices, which in accordance with their QUESTIONED – any material, object, matter in creation, they are authorized to issue which some issue has been raised or is under and be issued in the performance of scrutiny. their duty. 3. PRIVATE DOCUMENT – executed by a DOCUMENT – came from the Latin word private person without the intervention “documentum” which means lesson or of a notary public or of any person instruction and French word “docere” which legally authorized, by which documents, means to teach. some disposition or agreement is A document is any material containing proved, evidenced or set forth (US vs marks, symbols, or signs either visible, Orera, 11 Phil. 596) partially visible that may present or 4. COMMERCIAL DOCUMENT – executed ultimately convey a meaning to someone. It in accordance with the Code of can be in form of pencil, ink writing Commerce or any Mercantile Law, (ballpoint pen writing), typewriting or containing disposition of commercial printing on paper. rights or obligations. Simply put, it is any material that conveys a Mercantile Law - the body of law that meaning or message to a person. applies to the rights, relations, and conduct The term document applies to writings, of persons and business engaged in words printed, lithographed or commerce, merchandising, trade, and sales. photographed; to maps or plans, to seals, plates or even stones in which 5. ELECTRONIC DOCUMENT (E-Document) inscriptions are cut or engraved. – exist only in electronic form such as data stored on a computer, network, According to Microsoft Encarta Reference back-up, archive or other storage Library (as a noun) media. 1. Formal piece of writing Ex. Emails, instant messages (messenger), e- 2. Object containing information calendars, data on handheld devices, graphics, 3. Computer file photographs, spreadsheets, websites. According to Microsoft Encarta Reference (governed by RA 8792, Camara 2022) Library (as a verb) RULE 4: BEST EVIDENCE RULE 1. Record information in or on media Rules on Electronic Evidence June 18, 2001 2. Support a claim with evidence Section 1. Original of an electronic document. – TYPES OF DOCUMENTS: An electronic document shall be regarded as the equivalent of an original document under the Best Evidence Rule if it is a printout or EXEMPLAR – a term used by some document output readable by sight or other means, shown examiners and attorneys to characterize known to reflect the data accurately. materials. It is the new term for standards.
EXAMINATION – it is the process of detailed HOLOGRAPHIC DOCUMENT – any document
inspection or investigation completely written and signed by one person. It is also known as a holograph. QUESTIONED DOCUMENT – one in which the facts appearing therein may not be true and the REFERENCE COLLECTION – material compiled document is being contested either in whole or and organized by the document examiner to part with respect to its authenticity, identity or assist him in answering special questions. origin. Reference collections of typewriting, check writing specimens, inks, pens, pencils and QUESTIONED DOCUMENT EXAMINATION – it is papers are frequently maintained. defined as one in which the genuineness or originality of a certain document has been HISTORICAL BACKGROUND AND raised or it is uncertain and it is subject to PERSONALITIES IN QUESTIONED DOCUMENT examination for confirmation of authenticity or EXAMINATION falsity.
GENERAL BASIC TERMINOLOGIES
GRAHOLOGY – the study of a person’s
handwriting to determine their personality.
DISPUTED DOCUMENT – a term that suggests
that there is an argument or controversy over the document. Disputed Document and Questioned Document are used interchangeably to signify a document that is under scrutiny.
STANDARD (STANDARD DOCUMENT) – are
condensed and compact set of authentic specimens which if adequate and proper, should contain a cross section of the material from a known source.
“standards” in questioned document
investigation are those documents or objects in which the origin is known and can be proven and which can be legally used as examples to compare with other matters in question. Usually, a standard consist of the known handwriting of a person such case, “standard” has the same meaning as is understood by the word “specimen” of handwriting. 1. ALBERT SHERMAN OSBORN – he is In 1942, he was one of the 15 men who considered as the FATHER OF founded the society. SCIENTIFIC EXAMINATION OF He was the son of the founding president of ASQDE – Albert S. Osborn and was associated with him in private practice for many years. A.D. Osborn’s sons, Paul Osborn and John P. Osborn, both became examiners of questioned documents, as did his grandson John P. Osborn, among their high profile cases. He was one of the document examiners who testified for the prosecution in the case against Bruno Hauptmann in the kidnapping/murder of Lindbergh baby. QUESTIONED DOCUMENT/ FATHER OF He is also the co-author of the book QUESTIONED DOCUMENT Questioned Document Problems with his EXAMINATION. father. As well as an author of many - he is the first American prominent in professional papers. the field of forgery detection, and author of the seminal QUESTIONED DOCUMENTS. Because of his efforts 3. B.J. VREELAND HARING AND J. and contribution, courts began to HOWARD HARING – the father and son accept the presentation of forged Haring of New York were the world documents as scientific evidence. famous handwriting experts who - He founded the AMERICAN SOCIETY OF testified on Charles A. Lindberg Jr. QUESTIONED DOCUMENT EXAMINERS kidnapping case. The defendant to the (ASQDE) on September 2, 1942. case was Richard Bruno Hauptmann at Flemington, New Jersey in 1935. Fourteen letters were directed to the famous parents of the kidnapped Lindberg baby informing that the child was abducted. The other letters contained follow-up ransom demands and instructions.
2. ALBERT D. OSBORN – he was the third
President of the ASQDE. He served in the military during WW1. Upon returning from overseas in 1919, he began attending meetings that eventually led to the formation of the ASQDE. 4. J. NEWTON BAKER – a consultative expert in disputed document and in 1955 he authored the book “LAW OF DISPUTED AND FORGED DOCUMENTS”
5. JAMES V.P. CONWAY – an examiner of
Questioned Documents in San Francisco, California, Postal Inspector in charge San Francisco Identification Laboratory U.S. Postal Inspection Service and authored “EVIDENTIAL DOCUMENTS”. 6.
HANS SCHEICKERT (1876-1944) – a doctor
of law and director of the Identification Bureau of the Police Department of Berlin until 1928. he was a criminology professor at the university of Berlin in 1920 and a well- known handwriting expert. 7. DR. WILSON R. HARRISON – he was the DOCUMENTS” in 1956 and a revised edition director of the British Government’s of the text in 1982. Office Home Office Forensic Science He also authored DETECTING AND Society of Questioned Document DECIPHERING ERASED PENCIL WRITING, Examiners. He became a diplomat of the American he authored the book “SUSPECT Board of Forensic Document Examiners. DOCUMENT EXAMINERS THEIR SCIENTIFIC He was instrumental in establishing the EXAMINATION” which was first published Questioned Documents Section of the in London, 1958, American Academy of Forensic Sciences he had over twenty years-experience in the (AAFS) examination of suspect documents for the From 1959 to 1960, he served as the tenth police forces of England and Wale and for president of AAFS. many government departments. He is one of the few AAFS fellows to be named a distinguished fellow and one of only four questioned document examiners to receive this honor. In 1980, he was the first recipient of AAFS
8. ORDWAY HILTON – he was the sixth
president of ASQDE. He was born in 1913 and grew up in Evanston, Illinois. He majored in mathematics at Northwestern University and received a master’s degree in statistics from the same university in 1937. He was the first questioned document examiner in the then, new crime laboratory of the Chicago Police Department. In 1944, while still on active duty as an officer in the US Navy during WWII, he Questioned Document section award, attended the second meeting of the ASQDE which would be named in his honor. in Montclair, New Jersey which is home to Albert S. Osborn. In 1946, he became associated with ELBRIDGE STEIN – the first secretary of the ASQDE in his private practice in New York City. He continued the practice alone when Mr. Stein retired in 1951. In 1979, Mr. Hilton moved his practice to Landrum, South Carolina where he became a prolific writer of journal articles and professional papers. He authored one of the best known text in the field “SCIENTIFIC EXAMINATION OF QUESTIONED an important text in the training of forensic document examiners. The first ASQDE conference that he attended was the 1955 meeting that was held in Houston, Texas. He presented his first ASQDE paper entitled 9. ROY A. HUBER – he was the 24th “THE POTENTIALITIES OF THE BLINK president of the ASQDE. MICROSCOPE PRINCIPLE IN TYPEWRITING after joining the Royal Canadian Mounted COMPARISONS” Police in 1940, he worked as a police He joined ASQDE as a Provisional Member and constable at various detachments in the was elected as a Regular Member in 1964. Province of Saskatchewan. For over 40 years, he attended ASDQE annual in 1949, he transferred to the document conferences and missed only two meetings for section of the RCMP’s Regina Laboratory to reasons beyond his control. commence a career that would span more He served on its Board of Directors as secretary than fifty years, and VP prior to his election as president. under the tutelage of senior document In 2001, he was elected as a life member and examiner HUGH RADCLIFF and CHESTER continued to support the Society as a member EAVES – he completed his training program of its Nominating and Journal Committees. and moves to the RCMP’s Eastern In 2003, he received the Albert S. Osborn award Laboratory in Ottawa. of Excellence in recognition of his distinguished He wrote and presented more than 30 career and many contributions he made both papers including such titles as TYPIST to the ASQDE and the profession as a whole. IDENTIFICATION, MODERN TRENDS IN COUNTERFEITING, THE PRODUCTION AND IDENTIFICATION OF EMBOSSING SEALS and THE QUANDARY OF “QUALIFIED” OPINIONS. In 1999, he published a book entitled “HANDWRITING IDENTIFICATION – FACTS AND FUNDAMENTALS” which has become 10. CHARLES CHABOT – he was an English graphologist, who as part of the of the firm, NETHERCLIFT, CHABOT AND MATHESON, was an early practitioner of questioned document examination. Chabot was born in Battersea, the son of Charles, a lithographer. Beginning as a lithographer, he developed as an expert in handwriting and became sought after as an expert witness in a variety of famous trials including the Roupell Case and Tichborne Case. In 1871, Chabot became involved in establishing the identity of Junius and concluded that he was Sir Philip Francis.