QUESTIONED DOCUMENT

EXAMINATION
By: MARIJU LIBREJA GONOWON
RCrim.,MS.Crim,PhD Crim.(with units)
 Questioned Document
 Any DOCUMENT, about which some issue
has been raised or which is under scrutiny
is referred to as QUESTIONED DOCUMENT.
 Document is questioned because of its

origins, its contents, or its circumstance

and story regarding its production arouse
suspicion as to its genuineness or it may
adversely scrutinize simply because it
displeases someone.
 Document
 A DOCUMENT, in its fullest meaning, is
any material which contains marks,
symbols or signs. Visible, partially visible or
invisible, that my presently or ultimately
convey a meaning or message to someone.
LEGAL BASIS OF DOCUMENTS
- In the case of People vs. Moreno, CA, 388 O.G.
119, a document is any written document by
which a right is established or an obligation
is extinguished.

- And in the case of People vs. Nillosquin, CA 48

O.G. 44553, a document is every deed or
instrument executed by a person by which
some dispositions or agreement is proved,
evidences or set forth.
 KINDS OF DOCUMENT

Public Document
Official Document
Private Document
Commercial Document
 KINDS OF DOCUMENT
1. PUBLIC DOCUMENT- any instrument
notarized by a notary public or
competent public official with
solemnities required by law.( Cacnio vs.
Baens, 5 Phil 742)
2. OFFICIAL DOCUMENT - any instrument
issued by the government or its agent or its
officers having the authority to do so and the
offices, which, in accordance with their
creation, they are authorized to issue and be
issued in the performance of their duties.
 KINDS OF DOCUMENT
3. PRIVATE DOCUMENT- every deed or
instrument executed by a private person without
the intervention of a notary public or of any person
legally authorized, by which the documents, some
disposition or agreement is proved , evidenced or
set forth.( US vs. Orera, 11 Phil. 596).

4. COMMERCIAL DOCUMENT – Any document

executed in accordance with the Code of Commerce
or any mercantile Law, containing disposition of
commercial rights or obligations.
 WRITINGS WHICH DO NOT
CONSTITUTE DOCUMENTS:
 - based on some Supreme Court Rulings.
 A draft of a Municipal payroll which is not yet
approved by the proper authorities (People vs.
Camacho, 44 Phil, 484).

 Mere blank forms of official document, the

spaces of which are not filled up (People vs.
Santiago, CA, 480.G. 4558).

 Pamphlets or books which do not evidence any

disposition or agreement are not documents but
are mere merchandise (People vs. Agnis,47 Phil.
945).
CLASSES OF QUESTIONED DOCUMENTS EXAMINATION

1. CRIMINALISTICS EXAMINATION - for the

detection of forgery, erasures, alterations and
obliterated.

2. HANDWRITING IDENTIFICATION – to find

out who is the author of writing.
 PHOTOGRAPHY AND
QUESTIONED DOCUMENTS
 Purpose of Photographs in Questioned Document:

 1. Photographs serve as a record of the

initial condition of a disputed document.

 2. Photographs make clear what

otherwise may be hidden or indistinct.

 3. By means of photographs, writing in

question can be accurately enlarged so that
every quality and characteristics of it can be
clearly and properly interpreted whether the
facts so shown point to genuineness or to
forgery.
 Two Special Type of Photography

Transmitted light photography

Stereographic photo-micrograph
 Transmitted light photography
a. Examination of watermarks
b. Determining the identity, or the difference, in
papers by showing arrangement of the fibers
and the markings of the wire gauze and dandy
roll.
c. Showing the continuity of strokes.
d. Determining retouching or patching of writing
by showing clearly the presence of added ink
film and the uneven distribution of ink in
interrupted storks.
 Stereographic photo-micrograph

1. shows conditions of writing in three-

dimensional enlargement,

2. and is useful in showing sequence of

crossed lines, or showing whether
writing across a fold proceeded of
followed the folding of paper.
INVESTIGATION AND DETAILED
EXAMINATION OF SIGNATURES
 SIGNATURES
 Is
the name of the person written by
him/her in a document as a sign of
acknowledgement

A name or a mark that a person puts

at the end of a document to attest that
he is the author or that he ratifies the
contents
 Preliminary Examination of
Questioned Signatures
 most writers have at least three types of signatures.
1. FORMAL (a.k.a. CONVENTIONAL or COPYBOOK FORM) –
complete correct signature for an important document such as
will.

2. INFORMAL (CURSORY) - usually for routine documents and

personal correspondence.

3. CARELESS (SCRIBBLE) – for the mail carrier, delivery boy or

the autograph collector.

SCRIBBLE- to write carelessly

 THREE CLASSES OF FORGED
SIGNATURES
 STIMULATED OR FREEHAND IMITATION
FORGERY

 TRACEDFORGERY (TRACED
SIGNATURE)

 SPURIOUS SIGNATURES (SIMPLE

FORGERY)
 STIMULATED OR FREEHAND IMITATION FORGERY

A fraudulent signature which was

executed purely by simulation rather
by tracing the outline of a genuine
signature can be referred as freehand
imitation or simulated forgery.

 The
free-hand drawing in imitation of
model signature.
 TRACED FORGERY (TRACED SIGNATURE)

o Any fraudulent signature which

was executed by actually following
the outline of a genuine signature
with a writing instrument.
Two types of Traced forgery
 DIRECT TRACING- tracing is made by
transmitted light

 INDIRECT TRACING- forger uses a

carbon and place document on which he
will trace the forged signature under the
document bearing the model signature
with a carbon paper between the two.
SPURIOUS SIGNATURES (SIMPLE FORGERY)

 A Fraudulent signature in which there was no apparent

attempt of stimulation of limitation. Forger does not try to
copy a model but writes something resembling what we
ordinarily call a signature. For this, he uses a false (spurious)
name and makes a rapids stroke, disturbing his usual
writing by adopting a camouflage called disguise.

 This kind of forgery is easily detected as fraudulent in view of

the fact that it is widely different from the other genuine
signature even in general appearance alone. The only
question is to tackle the determination of the probable writer
of the forgery. Seldom are these fraudulent signature
disguised.
 Writing
Characteristics
Characteristics
 Is any property mark which
distinguishes and in document
examination commonly called as
identifying details.
Two Groups of Characteristics

1. Common Class or style Characteristics

2. Individual or Personal Characteristics

Common Class or style Characteristics

They are those which conform to the

general type acquired when learning to
write time and place. It is the style taught to
the child in school or by the parents. Not all
characteristics encountered in document
examination are peculiar to a single person
or thing, but rather common to all group.
 Individual or Personal Characteristics

 Arethose introduced into the

handwriting consciously or
unconsciously by the writer. They
are highly personal or peculiar and
are unlikely to occur in other
instances
Two Kinds of Standard Documents
Two Kinds of Standard Documents
A. Collected or Procured
B. Requested or Prepared
A. Collected or Procured

 Those which are obtained from files of

document executed in the persons day to day
business, official, social or personal activities.
Collected standards are known (genuine)
handwritings of an individual, such as
signature and endorsements on cancelled
checks, legal papers letters, commercial,
official, public and private documents, and
other handwriting such as letters,
memoranda, etc. written in the course of
daily life, both business and socials.
B. Requested or Prepared

 Those which are given or made upon the request of

an investigator for purpose of making comparative
examination with the request writing. Request
standards are signature or other handwritings (or
hand printings) written by an individual upon request
for the purpose of comparison with other handwriting,
or for specimen purposes. In most instances,
collected standards are preferable to request
standards, though both types should be submitted if
available. Standards should be collected from a period
dated within a year of the date questioned document,
with some written within weeks or days of the
questioned writing.
Basic Points that should be
Considered in Obtaining
Standards
Basic Points that should be
Considered in Obtaining Standards
1. Amount of Writing Standards
2. Similarity of the subject Matter
3.Relative dates of the standards with
the questioned matter
4.Kinds of writing instrument and paper
used
5. Writing Conditions
 Amount of Writing Standards

There is no hard rule as to the fixed number

of standards which may be considered
sufficient or adequate, although experience
shows that at least seven (7) standards
usually constitute sufficient amount of
standards but still, 10 is better than 7, 15 is
better than 10, In short the more the better.
Similarity of the subject Matter

As a rule only like things are to be compared

meaning standards should always be
congruent to the nature of the questioned or
disputed materials.
Relative dates of the standards with
the questioned matter
Standards for comparison should relatively
contemporary in dates. Those documents
executed two years before or after the date of
the questioned document are best.
Contemporary as used in questioned
document refers to documents that are
executed within five (5) years prior to the
questioned document.
Kinds of writing instrument and paper used

Writing instrument and paper might

influence the quality of writing. Therefore as
much as possible utilize or look for standards
those are prepared using the same
instrument and paper as the questioned.
 Writing Conditions

Conditions both of the writer and the relative

position under which questioned writing was
executed should be taken into consideration
although this is somewhat a difficult task for
it is seldom or worst is so available standards
written under similar condition as in
questioned.
Recognition of
Handwriting
Characteristics
Recognition of Handwriting Characteristics

 a. Writing Characteristics Commonly

Involved in the Examination of
Handwriting
Recognition of Handwriting
Characteristics
1. Form – This refers to the shape or design of
the individual letters.
2. Slope or Slant – It is an angle or inclination
of the axis of letters relative to the baseline.
3. Size – Size as writing characteristics is
somewhat divergent under varying condition
and may have but little significance when
applied to only one example, or to as small
quality of writing like a signature unless the
divergence is very pronounced.
Recognition of Handwriting
Characteristics
Proportion – Individual characteristics in relative proportion of letters or
proportion of a part of a letter or relative height of one letter can be found in
different writings. Proportion in letters is one of the hidden features of
writing. It is unknown even to the writer.

Ratio – The relation between the tall and short letters is referred to as the
ration of the writing.

Connecting Strokes – This refers to the strokes of links that connects a

letter.

Terminal Strokes and Initial Strokes – When a letter, word or name

(signature) is completed in a free, natural writing, the pen is usually raised
from the paper while in motion with a “flying finish” (or what is also referred
to as “vanishing”, “tapering” or “flourishing” terminal strokes) and with many
writers, the motion of the pen also slightly precedes the putting of the pen on
the paper at the beginning with a “flying start” so that the strokes at the
beginning and end of words gradually diminish or taper to a “vanishing
point”.
Recognition of Handwriting
Characteristics
Pen – Lift – It is an interruption in a stroke caused by removing the
pen from the paper. Pen-lift or disconnection between letters and letter
combinations are maybe due to lack of movement control.

Hiatus – Is a gap between strokes due to speed in writing and defective

writing instruments.

Lateral Spacing – is considered as common characteristics when it

conforms to the ordinary copy-book form.

Shading – It is the widening of the ink strokes with increase pressure

on the paper surface.

Line Quality – Refers to the visible record in the written stroke of the
basic movement and manner of holding the writing instrument.
Recognition of Handwriting
Characteristics
Alignment – Is relation of the parts of the whole line of writing or
line of individual letters in words or signature to the baseline.

Rhythm – It is the balanced quality of movements of the

harmonious recurrence of stress or impulse.

Writing skill – it is the relative degree of ability of a writer’s

proficiency.

Pen Pressure – It is the average force in which the pen makes

contact with the paper or the usual force involved in writing.

Tremor – means “deviations from uniform strokes due to lack of

smoothness perfectly apparent even without magnification”.
Recognition of Handwriting
Characteristics
Natural Variation – Due to lack of machine-like precision of
the human hand; is caused by external factors, such as the
writing instrument and the writing position; influences by
physical and mental condition such as fatigue, intoxication,
illness, nervousness and the age of the writer; due to the
quality of the writing prepared in the course of time,
variation in genuine signature appears in superficial parts
and does not apply to the whole process of writing.

Rubric or Embellishment – This refers to additional

unnecessary strokes not necessary to legibility of letterforms
or writings but incorporated in writing for decorative or
ornamental purposes.
THE HISTORY OF WRITING INSTRUMENTS
 PEN
 Bryan Donkin - The English engineer who was the first
patented steel pen point in 1803.

 Juan de Yciar - The 16th-century Spanish calligrapher

mentions brass pens for very large writing in his 1548
writing manual, but the use of metal pens did not become
widespread until the early part of the 19th century.

 William Joseph Gillot, William Mitchell, and James

Stephen Perry - The leading 19th-century English pen
manufacturers.

 Lewis Waterman - a New York insurance agent,

patented the first practical fountain pen containing its
own ink reservoir in 1884.
 PEN
 Georg and Ladislao Biro - Hungarian brothers who
invented a practical ballpoint pen.

 Yukio Horie (1962) – Invented the first practical fiber-

tip pen in Japan.

 John J. Loud- Granted the first patent for a ball point

pen No. 392,046, October 30, 1888

 Van Vechten Riesburg – He patented another ball point

pen device in 1916.

 Milton Reynolds - He introduced the first ball point

pen to replace the then common "fountain pen" in 1945.
 PENCILS
 Nicholas Jacques Conté - In 1795, French chemist
received a patent for the modern process for making
pencil leads by mixing powdered graphite and clay,
forming sticks, and hardening them in a furnace.

 William H. Maurice - He advertised the "India rubber,"

evidently intended for use as a pencil eraser a
Philadelphia, PA, stationer, in 1847.

 Samuel Kraus – Awarded the Patent No. 316,374 on

April 21, 1895, describes a method of making slate
pencils using ground talc or soapstone mixed with
ground potter's clay.
 PENCILS
 William Monroe - a Massachusetts cabinetmaker, invented a
machine that cut and grooved wood slats precisely enough to
make pencils.

 Joseph Dixon - the American inventor developed the method

of cuffing single cedar cylinders in half to receive the core and
then gluing them back to­gether.

 Eberhard Faber (1861), An American manufacturer , the

first pencil-making factory in the United States was built in
New York City.

 Hymen Lipman (1858) – Patented the first attaching an

eraser to the end of a pencil.
 INKS
Tien-Lcheu (2697 B.C.) –A Chinese
philosopher who invented ink
 TYPEWRITER
Henry Mill - British inventor who made first recorded attempt
to produce a writing machine in 1714.

William Austin Burt - American inventor, the next patent

issued for a typewriter in 1829.

Charles Grover Thurber (1843) – American inventor who

made first machine to use the method of spacing.

Xavier Progin - French inventor for a machine that embodied

for the first time one of the principles employed in modern
typewriters: the use for each letter or symbol of separate
typebars, actuated by separate lever keys in 1833.
 TYPEWRITER
Father Francisco João de Azevedo - a Brazilian priest,
made his own typewriter in 1861 with poor materials,
such as wood and knives.

Austrian Peter Mitterhofer - created a typewriter in

1864, but it was never produced commercially.
Mitterhofer continued to improve his original model and
created five different enhanced typewriters until 1868.

Rev. Rasmus Malling-Hansen of Denmark (1865) -

invented the Hansen Writing Ball, which went into
commercial production in 1870 and was the first
commercially sold typewriter.
 TYPEWRITER
Christopher Sholes, Carlos Glidden, and Samuel W. Soule
(1867) - invented another typewriter. The patent (US 79,265)
was sold for $12,000 to Densmore and Yost, who made an
agreement with E. Remington and Sons (then famous as a
manufacturer of sewing machines) to commercialize what
was known as the Sholes and Glidden Type-Writer.
Remington started production of their first typewriter on
March 1, 1873, in Ilion, New York. Another early typewriter
manufacturer was Underwood.

Thomas Edison (1870) – invented the electric typewriters,

the basic groundwork for the electric typewriter.

Barbara Blackburn (2005) - is the fastest

English language typist in the world,
The Principal Typewriting Questioned

1. Whether an evidential typewriting was

accomplished on a suspected
typewriter.
2. Whether an evidential typewriting,
prepared a known typewriter was
actually typewritten on its purported
date.
Type face defects in typewriter

1. Permanent defects – actual breaks

on worn-off series, cut on shanks.
2. Transitory defects – dirty impression
from “clogged or dirty: type faces, and
incomplete impressions to poor
condition or worn-out ribbon.