DISPUTED DOCUMENT

FORENSIC 4
Presented By
PEMS NILBERT E. PORLUCAS, Ret.
Registered Criminologist
● OVERVIEW TO QUESTIONED DOCUMENT
●VARIOUS ASPECT OF QUESTIONED DOCUMENT EXAMINATION

DOCUMENT- refers to any material which contains marks, symbols or

signs either visible or partially visible, which furnishes information or
ultimately conveys meaning or message to someone. It is in the form of
pencil, ink writing or printing on paper.
▸ A document becomes a questioned document when it is
being questioned as to its originality, authenticity, authorship,
sources and genuineness and when it is placed under scrutiny to
determine whether or not it is disputed

KINDS OF DOCUMENTS
1. Pre-Based Documents- These are documents which are paper-
based printed
2. Electronic-Based Documents - These are digitally signed
documents and any print-out or output readable by sight or other means
which accurately reflect the electronic data message or electronic
document.
Four (4) Types of Documents; whether paper-based or
electronic-based
1. Public 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 person in
authority or a notary public has taken part (U.S vs. Asensi, 34
Phil. 765)
2. Official Document – a document which is issued by a
public official in the exercise of the function of his/her office
3. Commercial Document – any document defined and
regulated by the code of Commerce or any other Commercial
Law (People vs. Co Beng, CA. 40 O.G. 1913)
4. Private Document- is any deed or instrument executed
by a private person without the intervention of a notary public or
other legally authorized by law (U.S vs. Orera, 11 Phil.596)
QUESTION DOCUMENT
▸ Any document about which some issue has been raised or
which is under scrutiny or of doubtful origin.
▸ A document is questioned because its origin, its contents,
or the circumstances and story regarding its production arouse
suspicion as to its genuineness or may adversely scrutinized simply
because it displeases someone.
▸ is also defined as any signatures, handwriting, typewriting,
or other mark whose sources or authenticity is in dispute or
doubtful. Letters, checks, driver licenses, contracts, wills, voter
registrations, passports, petitions, threatening letters, suicide notes,
and lottery tickets are the most common questioned documents,
although marks on doors, walls, windows, or boards would also be
include by definition.

QUESTIONED DOCUMENT EXAMINATION

▸refer to the act of making a close and critical study of any
document-questioned, disputed or attacked, necessary to discover
the facts about them.
 ▸ A branch of Forensic Science discipline which pertains to
investigation and examination of disputed documents which may
include forensic and document examination, handwriting
examination and analysis.

CLASSES of QUESTIONED DOCUMENT

1. Documents with Questioned Signatures
2. Documents containing alleged fraudulent alteration
3. Holograph documents a. Holographic Will
b. Notarial Will
4. Documents questioned as to their age or date
5. Documents involving typewriting and are investigated or
examined for purposes of determining their sources and date,
whether or not it contains fraudulent alterations of substituted
pages;
6. Documents which may identify a person through his
handwriting;
7. Genuine documents erroneously and fraudulently
attacked or disputed
Two Broad Classes of Questioned Document Examination
1. Criminalistic Examination – its purpose is for detection of forgeries,
alteration and obliterations,
2. Handwriting Identification- Its goal is to find out who is the author of
the writing.

THREE (3) ESSENTIAL PHASES OF SCIENTIFIC HANDWRITING

EXAMINATION
1. Recognition of characteristics
2. Complete comparison of all characteristics (comparison)
3. Correct interpretation of characteristics (evaluation)

PROCESSES in SCIENTIFIC METHOD of EXAMINATION

1. ANALYSIS
• Recognition of Characteristics (Properties or
characteristics are observed , measured and determined)
▸The first step is to analyze the known writing sample for the
distinctive characteristics. The examiner looks for unique qualities such as
letters and word spacing, size, slant and proportionality and other
individual characteristics.
 Traits

2. COMPARISON – Complete comparison of all characteristics

(Properties or characteristics of the unknown items determined
through analysis are compared with the familiar or recorded
properties of known items.)
▸ The next steps is to differentiate elements from known
sample to those of the unknown sample.
3. EVALUATION – Correct interpretation of characteristics
(Similarities or dissimilarities in property or characteristics that have certain
value or identification are determined by their likelihood or occurrence).
• The final step is to evaluate the similarities/ dissimilarities in the
known and unknown samples. While differences are a good indication of a
non-match, can determine a match. Therefore all likeness must be
considered. The examiner must make a judgement in each case by
evaluating the totality of the documents.
PRINCIPLES INVOLVED in HANDWRITING IDENTIFICATION
1. No two writers write exactly alike.
2. The physical writing condition and position of the person
including his writing instrument may affect the handwriting characteristics
but they do not confine all their identifying elements.
3. A writer cannot exceed hi/her maximum writing ability or skill
without serious effort and training applied over a period of time.
4. The combination of handwriting characteristics including those
derived from form and writing movements are essential elements of
identification.
5. Individuality in handwriting can only be determined through
comparative examination with the standard written or prepared under
comparable conditions.
6. Similarity does not mean identity
7. Complete identity means definite forgery
8. A writing was written by one person when there is a sufficient
number of identical primary controlling characteristics and in addition, the
absence of divergent characteristics. And a writing was not written by one
person when there is a sufficient number of divergent writing characteristics
and the absence of identical primary controlling characteristics
BRIEF HISTORY OF FORENSIC DOCUMENT EXAMINATION

THIRD CENTURY: The time of Titus and Anthony

▸ Jurist established protocols for the determination of
forgery and the manner in which forgeries were to be detected. In
Imperial Rome, common practice to fraudulently prepare official
documents
▸ Rome personage such as Titus and Anthony made large
profits in preparing forgeries of all types of documents related to
property rights
▸ Titus was “ the most skillful forger of his time
▸During the sixth century, the Roman Emperor Justinian
dictated guidelines for the use of handwriting comparisons in
Roman courts. Here, Justinian Code-the presiding Judge through
his discretionary powers appointed individuals in the community
with special skill in writing to perform and examination of
questioned writing and give testimony to its authenticity. It must be
pointed out that no scientific methods were employed because the
comparisons of the writing were on likeness and similarity of the
writing itself.
●1887: Bell vs Brewster, U.S (10 N.E 679,44 Ohio St.690) – “The Ohio
Supreme Court recognized the importance of handwriting as a means of
identifying a person”
● 1900: Daniel T Ames, One of the earliest treatises by the founder of the
Penman’s Art journal, penmanship author and “examiner of contested
handwriting in courts of justice.
● New York vs. R.B. Molineaux – Notable early criminal case involving the
testimony of several handwriting experts. Roland Molineaux, a chemist,
was tried fort the poisoning murder of a woman, Katherine Adams.
● 1910: Albert Sherman Osborn – “Questioned Documents”. A
comprehensive text which established a greater focus on not only the
examination of handwriting and signatures, but of other type of evidence
appearing on documents including papers, ink typewriting and alterations.
● 1935: State of New Jersey vs. Bruno Richard Hauptmann. “ The
Lindbergh Kidnapping” and Dr. Wilmer Souder (only public examiner)
were consulted independently and opined Hauptmann had prepared
multiple ransom demand notes.
1977: American Board of Forensic Document Examiners. – The ABFDE
stated objectives are two-fold to establish, maintain and enhance standards
of qualification for those who practice forensic document examination and
to certify applicants who comply with ABFDE requirements for this
●1982: Ordway Hilton. (Scientific Examination of Questioned Documents-
Revises Edition). Hiltons book, with the publication of the revised edition,
became the pre-eminent training text of the modern document examiner.

GENERAL TERMS AND DEFINITIONS

1.STANDARD DOCUMENT- are condensed and compact set of

authentic specimen which is adequate and proper , should contain a cross-
section of the material from known source. They are used by the Document
Examiners as the basis for his/her identification or non-identification of the
questioned document.

2. HANDWRITING – It is a result of a very complicated series of

acts, being as a whole, a combination of certain forms of visible mental and
muscular habits acquired by long continued painstaking effort.

3. SIGNATURE – is the name of a person written by him/her in a

document as a sign of acknowledgement.
 5. MOVEMENT – is an important element in handwriting. It
embraces all of a factors which are related to the motion of the writing
instrument skill, speed, freedom, hesitation, rhythm, emphasis, tremors
and the like. The manner in which the writing instrument is move that is
by finger, hand, forearm or whole forearm.

6. LINE QUALITY – is the overall character of the ink lines from

the beginning to the ending strokes.

7. SLOPE/SLANT – is the angle or inclination of the axis of letters

relative to the baseline.
8. BASELINE – is the ruled or imaginary line upon which the
writing rests.

9. ALIGNMENT – is the relation of parts of the whole line of

writing or line of individual letters in words to the baseline. It is the
alignment of words, the relative alignment of the letters in the word and
the relative alignment of parts of the letters.

10. PROPORTION OR RATIO- is the relation between the tall and

the short letters is referred to as “ratio” of the writing.
 11. STROKE STRUCTURE – are series of lines or curves within the
letters of the alphabet.

12. CHARACTERISTICS- is any property or mark which

distinguishes and in document examination commonly refers to as
identifying details.

13. INDIVIDUAL OR PERSONAL CHARACTERISTICS – Not all

characteristics encountered in document examination are peculiar in a
single person or things and one which is common maybe described as a
class characteristics.

14. PENLIFT = an interruption in a stroke cause by removing the

writing instrument (pen) from the paper.

15. Pen Pressure – the average force with which the pen constructs
the paper and maybe estimated from the writing. Pen pressure as oppose
to pen emphasis deals with the usual or average force involve in the
writing rather than the periodic increases.
 16. PEN EMPHASIS – The act of intermittently forcing the pen
against the paper surface with increase pressure. When the pen point
has flexibility this emphasis produces shading, but with more rigid
points heavy pen emphasis can occur in writing without any evidence
of shading.
17. RETRACING- - any stroke which goes back over another
writing stroke. In natural handwriting there maybe many instances in
which the pen doubled back over the same course.
18. RHYTHM- is that element of the writing movement which
is marked by regular or periodic recurrences. It may be classed as
smooth intermittent or jerky in its quality.
19. SHADING – is the widening of the ink stroke due to
added pressure on a flexible pen point or to the use of stub pen.
20. SKILL – in any set there are relative degrees or ability or
skill and a specimen of handwriting usually contains evidence of the
writer’s proficiency.
21. SPEED OF WRITING – not everyone write at the same rate
so that consideration of the speed of writing maybe a significant
identifying elements.
 22. EXAMINATION – is the act of making it close
and critical study of any material and with questioned
documents is the process necessary to discover the facts
about them. Various types are undertaken including
microscopic , visual, photographic, chemical, ultraviolet
infrared examination.
23. MICROSCOPIC EXAMINATION – any study or
examination which is made with the microscope in order to
discover minute physical details.
24. COMPARISON – is the act setting two or more
items side by side to weight their identifying qualities.
25. OPINION – a legal language the document
examiner’s conclusion. Actually in court he not only express
an opinion but demonstrates the reason for arriving of this
opinion.
26. NATURAL VARIATION – these are usual
deviation found between repeated specimen of any
 27. NATURAL WRITING – any specimen of writing
executed normally without any attempt to control or alter
identifying habits and its usual quality or execution
28. DISGUISED WRITING – a writer may deliberately
try to alter his writing habits in hopes of hiding his identity.
29. GUIDED SIGNATURE – a signature which is
executed while the writers hand or arm is steadied in any way
is classified as a guided or assisted signature.
30. FORGERY – is strictly speaking, a legal term which
involves not only a non-genuine document but also an intent
on the part of the maker to defraud. Outside of the courtroom
however, it is synonymously with fraudulent signature or
spurious document.
31. TRACED FORGERY – any fraudulent signature
which was executed by actually following the outline of
genuine signature with a writing instrument.
 32. SIMULATED OR FREEHAND IMITATION
FORGERY – a fraudulent signature which was executed purely
by simulation rather than tracing the outline of a genuine
signature can be referred to as a freehand imitation or
simulated forgery.

♦TERMINOLOGY

1. ARC – a curve form inside the top curve or loop as in

small letters “h”, “m”, “n”, “p”.
2. BEARD – a preliminary embellish initial stroke which
usually occurs in capital letters. ( All capital Letters)
3. BUCKLE – a loop made as a flourish which is added
to the letter as in small letter “k” or in capital letter “A”, “K”.
4. BODY – the main portion of the letter minus the initial
up stroke, terminal strokes and diacritic , if any. Example the
oval of the letter “Q”is the body
 5. CONNECTION – the stroke which connects two
strokes or letter
6. EYE – a small loop or curve formed inside the letter.
This may occur inside the oval of the letter “a”, “d” “o”.
7. FOOT – the lower part which rests on the baseline. The
small letter “m” has three feet and the small letter “n”, “h” has
two feet.

♦ MOVEMENT OR MANNER OF EXECUTION

1. Kinds of movement
a. finger
b. Hand
c. forearm
d. whole arm
 2. Classification of movement
a. clumsy, illiterate and halting
b. Hesitating and painful due to weakness and
illness ( tremors)
c. Strong, heavy and forceful
d. Nervous and irregular
e. Smooth, flowing and rapid ( continuous,
freedom of movement)

3. Speed
a. Slow and drawn
b. Deliberate
c. Average
d. Rapid
4. Different movements employed affect writing in;
a. Smoothness
b. Directness
 c. Uniformity
d. Continuity of strokes
e. Connecting or curves between letters

♦ POINTS TO CONSIDER IN EXAMINING EXTENDED

WRITING
(anonymous, threat, poison letter)
1. Uniformity – does the questioned writing have a smooth,
rhythmic and free flowing appearances.
2. Size and Proportion – Determine the height of overall
writing as well as the height of the individual strokes in
proportion to each other.
3. Alignment – Are they horizontally aligned or curving uphill
or downhill
4. Spacing – determine the general spacing between letters
spacing between words with the left and right margins,
paragraph indentation.
5. Degree of slant – are they uniform or not.
6. Formation and design of the letters ‘t’ bars and “I” dots

♦ HOW TO PREPARE AND COLLECT HANDWRITING

STANDARDS

●Two (2) Classes of Standards:

1. Collected – are those writing executed from day to

day in the course of business, social and personal affairs
2. Requested or Dictated – are standard writings
prepared upon request of the investigator and for the sole
purpose of comparison with the questioned documents.
♦ PRINCIPLES POINTS TO CONSIDER REGARDING
COLLECTED STANDARDS

1. The amount of the standard writing available

a. Signatures – five to twenty five (25)
b. Writing – usually four (4) or five (5) pages of
natural writing
2. Similarity of subject matter
a. Compare conventional copy-book form with
conventional copy-book from standard, and compare highly
individualized standard signatures
b. Extender writing – Determines whether the
questioned writing purely cursive, or script, or block or
combination of the three or two styles of writing.