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NOTES IN QUESTIONED DOCUMENT 1.

PUBLIC DOCUMENT – notarized by a


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.

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