Coverade in QD

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INTRODUCTION

Many QD examinations involve a comparison of the questioned document, or components of the document,
to a set of known standards. The most common type of examination involves handwriting wherein the examiner tries
to address concerns about potential authorship.
A document examiner is often asked to determine if a questioned item originated from the same source as
the known item(s), then present their opinion on the matter in court as an expert witness. Other common tasks
include determining what has happened to a document, determining when a document was produced, or deciphering
information on the document that has been obscured, obliterated or erased.
The discipline is known by many names including forensic document examination, document examination,
diplomatic, handwriting examination, or sometimes handwriting analysis, although the latter term is not often used as
it may be confused with graphology. Likewise, a forensic document examiner (FDE) is not to be confused with a
graphologist, and vice versa.
Many FDEs receive extensive training in all of the different aspects of the discipline. As a result, they are
competent to address a wide variety of questions about document evidence. However, this "broad specialization"
approach has not been universally adopted.
In some locales, a clear distinction is made between the terms forensic document examiner and a forensic
handwriting expert/examiner. In such cases, the former term refers to examiners who focus on non-handwriting
examination types while the latter refers to those trained exclusively to do handwriting examinations. Even in places
where the more general meaning is common, such as North America or Australia, there are many individuals who
have specialized training only in certain relatively limited areas. As the terminology varies from jurisdiction to
jurisdiction, it is important to clarify the meaning of the title used by any given individual professing to be a "forensic
document examiner".
QUESTION DOCUMENT:
One in which the facts appearing therein are not true, and are contested either in the whole or in part with
respect to its authenticity identity, or origin. It may be a deed, contract, will election ballots, marriage contract, check,
visas, application form, check writer, certificates, etc.

DOCUMENT
Any material containing marks, symbols, or signs either visible, partially visible that may present or
ultimately convey a meaning to someone. Maybe in the form of pencil, ink writing, typewriting, or printing on paper.

a. QUESTIONED DOCUMENT- any document about which some issue has been raised or which is under
scrutiny, or of doubtful origin.
b. STANDARD DOCUMENT- are condensed and compact set of authentic specimen which is adequate
and proper, should contain a cross section of the material form it source. They are used by the
document examiner as the basis for his identification or non-identification of the questioned document.

-In the case of People vs. Moreno, CA, 338 O.G. 119, a document is any written document by which a right
is established or an obligation is extinguished.

-An in the case of People vs. Nillosquin, CA, 48 O.G. 4453, a document is every deed or instrument
executed by person by which some disposition or agreement is proved, evidenced or set forth.
KINDS OF DOCUMENT
Under the Philippine Law, the following are the four 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 agents 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.
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 documents, some disposition or agreement is
proved evidenced or set forth. (US vs. Orera, 11 Phil. 596).
4. COMMERCIAL DOCUMENT- any instrument executed in accordance with the Code of Commerce or any
Mercantile Law, containing disposition of commercial rights or obligations.

N.B.
- A private document may become a public or official document when it partakes the nature of a public or official
record. So if the falsifications committed on such document, that is, when it is already a part of the public record,
falsification of public or official document is committed. However, if such private document is intended to become a
part of the public record, even though falsified prior thereto, falsification of a public document is committed.

WRITINGS, WHICH DO NOT CONSTITUTE DOCUMENTS:


- Based on some Supreme Court Rulings

1. A draft of a Municipal Payroll, which is not yet approved by the proper authority. (People vs. Camacho, 44 Phil.
484)
2. Mere blank forms of official documents, the spaces of which are not filled up. (People vs. Santiago, CA, 48 O.G.
4558)
3. Pamphlets or books, which do not evidence any disposition or agreement, are not documents but are mere
merchandise. (People vs. Agnis 47, Phil. 945)

QUESTIONED
- Any material, which some issue has been raised or which is under scrutiny.

QUESTIONED DOCUMENT
- Document is questioned because its origins, its contents, or the circumstance and story regarding its
production arouse suspicion as to its genuineness or it may adversely scrutinize simple because it
displeases someone.
-Document is said to be questioned when it is disputed or attacked, either in whole or in part as to its
date or age, as to its source or origin, as to the material used in their production, and as to its relation in
some other document.

DOCUMENT AND QUESTIONED DOCUMENT EXAMINATION

ADDITION – any matter made a part of the document after its original preparation may be referred to as addition.

CONCLUSION – A scientific conclusion results form relating observed facts by logical, common-sense reasoning in
accordance with established rules of laws. The document examiner’s conclusion, in legal term is referred to as
opinion.

DOCUMENT EXAMINER – One who studies scientifically the details and elements of documents in order to identify
their source or to discover other facts concerning them. Document examiners are often referred to as handwriting
identification experts, but today the work has outgrown this latter title and involves other problems than merely the
examination of handwriting.

ERASURE – The removal of writings, typewriting or printing, from a document is an erasure. It may be accomplished
by either of two means. A chemical eradication in which the writing is removed or bleached by chemical agents; and
an abrasive erasure is where the writing is effaced by rubbing with a rubber eraser or scratching out with a knife or
other sharp with implement.

EXAMINATION – It is the act of making a close and critical study of any material and with questioned documents, it is
the process necessary to discover the facts about them. Various types are undertaken, including microscopic, visual
photographic, chemical, ultra violet and infra-red examination.

EXPERT WITNESS – A legal term used to describe a witness who by reason of his special training or experience is
permitted to express an opinion regarding the issue, or a certain aspect of the issue, which is involved in a court
action. The purpose is to interpret technical information in his particular specialty in order to assist the court in
administering justice. The document examiner testifies in court as an expert witness.

HANDWRITING IDENTIFICATION EXPERT – a common name for the document examiner.

IDENTIFICATION – as used in this text it is the state of being identical or absolutely the same as in similarity of
source or authorship of the questioned document and the standard document.

INSERTION OR INTERLINEATION – The term insertion and interlineations include the addition of writing and other
material between lines or paragraphs or the addition of whole page to a document.

NON-IDENTIFICATION – As used in this text it means the source or authorship of the compared questioned and
standard specimens is different.

OBLITERATION – the blotting out or shearing over the writing to make the original invisible to as an addition.

OPINION – In legal language, it refers to the document examiner’s conclusion. Actually in Court, he not only
expresses an opinion but demonstrates the reasons for arriving at his opinion. Throughout this text, opinion and
conclusion are used synonymously.

QUALIFICATION – The professional experience, education, and ability of a document examiner. Before he is
permitted to testify as an expert witness, the court must rule that he is qualified in his field.

DIVISIONS OF QUESTIONED DOCUMENT EXAMINATION

CRIMINALISTICS EXAMINATION – This involves the detection of forgery, erasure, alteration or obliteration of
documents. The criminalistics examination of documents similar to other kinds of laboratory works.
Dr. Wilson Harrison, a noted British Examiner of questioned documents said that an intelligent police
investigator can detect almost 75% of all forgeries by careful inspection of a document with simple magnifiers and
measuring tools.

HANDWRITING INVESTIGATION / ANALYSIS – This is more focused in determining the author of writing. It is more
difficult procedure and requires long study and experience.

CLASSES OF QUESTIONED DOCUMENT:


1. Documents with questioned signatures.
2. Questioned documents alleged to have been containing fraudulent alterations.
3. Questioned or disputed holographic wills.
a. HOLOGRAPHIC WILL- will entirely written in the handwriting of the testator.
b. NOTARIAL WILL- signed by the testator acknowledge before a notary public with 3 witnesses.
4. Documents investigated on the question of typewriting.
a. With a view of ascertaining their source.
b. With a view of ascertaining their date.
c. With a view of determining whether or not they contain fraudulent alterations of substituted pages.
5. Questioned documents on issues of their age or date.
6. Questioned Documents on issues of materials used in their production.
7. Documents or writings investigated because it is alleged that they identify some persons through
handwriting.
a. Anonymous and disputed letters, and
b. Superscriptions, registrations and miscellaneous writings.

SUBJECTS CONSIDERED IN QUESTIONED DOCUMENT EXAMINATION:


A. Handwriting Examination (Graphology/Graphoanalysis)
1. examination of signatures and initials
2. examination of anonymous letters
3. hand printing examination

B. Examination of typewritings and typeprints


C. Examination of inks
D. Examination of erasures, alterations or obliterations, etc.
1. detection of alteration
2. decipherment of erased writings
3. restoration of obliterated writings
E. Counterfeiting
1. examination of currency bills and coins and the like
2. examination of fake documents
F. Miscellaneous aspects
1. determination of age of documents
2. identification of stamps
3. examinations of seal and other authenticating devices

DOCUMENT EXAMINATION
1. OBJECTIVES
a. The objective is to furnish the investigator in the field with sufficient background information
concerning document examination.
b. No attempt is made to provide detailed information sufficient to qualify the investigator as an expert
document examiner.

2. VALUE
a. In the commission of a crime, the criminal often finds it necessary to employ one or more
documents in furtherance of his act.
b. In some crimes, such as forgery, the document is an integral part of the crime.
c. In others, such as false claims against government, documents often play an important part
improving the commission of the crime.
d. Proof of the fact that a document was altered or made by a particular individual may show that:
1. He committed the crime
2. He had knowledge of the crime.
3. He was present in a certain locality at a specified time.

Evidence that a document was not made by an authorized individual or machine may prove it to be fraudulent. Latent
fingerprints on documents are of great value to the investigator.

PURPOSE:
A document may be examined for a number of purposes including:
1. Identity of the author
2. True contents of the document
3. Origin of the instrument or paper used in making the document
4. Alterations or erasures, which have been made.
5. Authenticity of the document.

THE LOGICAL PROGRESS OF INQUIRY IN DOCUMENT EXAMINATION:

A conscientious document expert must know that the first step in making over a case to get the proper
identification. The logical progresses of inquiry are:

1. ASCERTAIN THE FACTS: to select “QUESTIONED”, “DENIED” or “ADMITTED”, “ AUTHENTIC “, and


“DOUBTFUL” documents.
a. Concerning the Document in Questioned. Is only one signature in questioned? Is any part of the
document in question? Is the date of the document in questioned? Is the paper or the typewriter
used in the document in question?
b. Regarding the Standards:
1. Make sure that there are sufficient numbers of authentic documents for comparison submitted.
If there are inadequate standards, obtain more.
2. Determine whether the standards are authentic ones, on which a foundation can be built for
admitting them in evidence.

2. ANALYZE THE DETAILS: Synthesize the elements, date and circumstances, conditions, technical problems
and the like.

a. The examiner of the questioned documents, after ascertaining the facts, should have details
information as to the circumstances of the document in questioned, the condition of an alleged writer, or of any
condition that may have affected the writing or typewriting or any facts that are part of the technical problem
with the document that is submitted to the expert.

b. He should inquire about the circumstances and conditions as far as the client knows, such as; were
the document signed sitting in bed, lying on his back or side? For example a document could have been
signed in a moving automobile or while having a drink at the bar.

3. QUALIFY THE CASE: How much time is needed for the examination? Is it possible to complete the study
from the original papers, or is it necessary to make special photo-enlargement for proper examination? If it’s
possible to make arrangements with the client for photo-enlargement, is it advisable to do so? Photo
enlargements are always useful for demonstrating the reasons on which the opinion is based, especially in
Court.
Scientific Method in Questioned Document
The document examiner strives constantly for objectives and the avoidance of personal bias. It orders
knowledge, follows in logical sequences. It classifies knowledge as the only systematic means to its organization and
deduction to matters of facts. It insists upon verification as the most reliable form of proof. It utilizes observation of
experimentation designed expressly toward the control of variables. A scientific method therefore consists of the
following processes:

1. Analysis- properties of characteristics observed or measured.


2. Comparison- Properties or characteristics of the unknown determined thought analysis are now compared
with the familiar or recorded properties of known items.
3. Evaluation- Similarities or dissimilarities in properties or characteristics will each have a certain value for
identification, determined by its likelihood of occurrence. The weight or significance of each must therefore
be considered. The principle of identification requires that when two items contain a combination of
corresponding or similar and specifically oriented characteristics of such number and significance as to
preclude the possibility of their occurrence by mere coincidence and there are no unaccounted for
differences. It may be concluded that they are same in their characteristics attributed to the same cause.

PRELIMINARY EXAMINATION OF DOCUMENTS – It is the initial examination conducted on a document to


determine whether it is genuine or not. It is not misnomer, for in reality it consists of painstaking analysis more than
looking at a document and expressing an off-hand opinion.

THE IMPORTANCE OF PRELIMINARY EXAMINATION OF QUESTIONED DOCUMENT:

1. ensures preparedness
2. avoidance of delay
3. ensures success of the case
HANDWRITING IDENTIFICATION AND EXAMINATION

DEFINITION OF TERMS:

HANDWRITING- It is the result of a very complicated series of acts being used as a whole, combination of certain
forms of visible mental and muscular habits acquired by long, continued painstaking effort.

NATURAL HANDWRITING- any writing executed normally without any attempt to control or alter its identifying habits
and its usual quality of execution.

DISGUISED WRITING- a writer may deliberately try to alter his usual writing habits in hope of hiding his identity,
writing skill is poorer, change in slant, size, altered of capital letters.

STROKE- series of lines of curves written in a single letter.


- One of the lines of an alphabet or series of lines or curves within a single letter.
- The path traced by the pen on the paper.

STROKE STRUCTURE- is series of lines or curves within the letters of the alphabet.

TERMINOLOGY CONCERNING STROKE CHARACTERISTICS

1. ARC- a curved formed inside the top curve of loop, as in small letters “h”,“m”, “n”, “p”.
2. ARCH- any arcade form in the body of a letter found in small letters, which contain arches.
3. ASCENDER- is the top portion of a letter or upper loop.
4. BASELINE- maybe actually on a ruled paper, it might be imaginary alignment of writing.
- Is the ruled or imaginary line upon which the writing rests?
5. BEADED- preliminary embellished initial stroke which usually occurs in capital letters
6. BEARD- is the rudimentary initial up stroke of a letter.
7. BLUNT- the beginning and ending stroke of a letter. (Without hesitation)
8. BODY- the main portion of the letter, minus the initial of strokes. The terminal strokes and the diacritic, of any.
Ex. The oval of the letter “O” is the body, minus the downward stroke and the loop.
9. BOWL- a fully rounded oval or circular form on a letter complete into “O”.
10. BUCKLE/BUCKLEKNOT- a loop made as a flourished which is added to the letters, as in small letter “k” & “a”,
or in capital letters “A” “K” “P”.
- The horizontal end loop stroke that are often used to complete a letter.
11. CACOGRAPHY- a bad writing
12. CALLIGRAPHY- the art of beautiful writing.
13. DESCENDER- opposite of ascender, the lower portion of a letter.
14. DIACRITIC- “t” crossing and dots of the letter “i”, and “j”. The matters of the Indian script are also known as
diacritic signs.
- An element added to complete a certain letter, either a cross bar or a dot.
15. ENDING/TERMINATE STROKE OF TOE- the end stroke of a letter.
16. EYE/EYELET/EYELOOP- a small loop or curved formed inside the letters. This may occur inside the oval of the
letters “a” “d” “o”.
- The small loop form by stroke that extend in divergent direction as in small letters.
17. FOOT- the lower part which rest on the base line. The small letter “m” has three feet, and the small letter “n”
have two feet.
18. HABITS- any repeated elements or details, which may serve to individualize writing.
19. HESITATION- the term applied to the irregular thickening of ink which is found when writing slows down or stop
while the pen take a stock of the position
20. HIATUS/PEN JUMP- a gap occurring between continuous strokes without lifting the pen. Such as occurrence
usually.
21. HOOK- it is a minute curve or an ankle, which often occurs at the end of the terminal strokes. It is also
sometimes occurs at the beginning of an initial strokes. The terminal curves of the letters “a”, ”d”, ”n”, “m”, ”p”, “u”
is the hook. In small letter “w” the initial curve is the hook.
- The minute involuntary talon like formation found at he commencement of an initial up stroke or the
end terminal stroke
22. HUMP- upper portion of its letter “m”,” n”, “h”, “k”
- The rounded outside of the top of the bed stroke or curve in small letter.
23. KNOB- the extra deposit of ink in the initial and terminal stroke due to the slow withdrawal of the pen from the
paper (usually applicable to fountain pen).
24. LIGATURE/CONNECTION- the stroke that connects two stroke of letter.
-Characterized by connected strokes between letters.
25. LONG LETTER- those letters with both upper and lower loops.
26. LOOP- an oblong curve such as found on the small letter “f”, “go”, “l” and letter strokes “f” has two. A loop may
be blind or open. A blind loop is usually the result of the ink having filled the open space.
27. MAJUSCLE- a capital letter
28. MINUSCLE- a small letter
29. MOVEMENT IMPULSES- this refer to the continuity of stroke force writing is usually produce by disconnected
and broken movements more motion or movement impulses than genuine writing.
30. OVAL- the portion of the letter, which is oval in shape. The small letter stroke. “A”, “d”, “g” & “q” contain oval
letter “a”, “t”, while coming down.
31. PATCHING- retouching or going back over a defective portion of a written stroke. Careful patching is common
defect on forgeries.
32. PEN LIFT- an interruption in a stroke caused by removing the writing instrument
From the paper.
33. RETRACE/RETRACING- any part of a stroke, which is super, imposed upon the original stroke. Ex. Vertical
strokes off the letter “d”, “t” while coming downward from the top bottom will have a retracing stroke.
- Any stroke, which goes back over another writing stroke. In natural handwriting there may
instances in which the pen doubled back over the course.
34. SHOULDER- outside portion of the top curve small letter “m” has three shoulders and the small letter “n” has
two, the small letter “h” has one shoulder.
35. SPUR- a short initial or terminal stroke.
36. STAFF- any major long downward stroke of a letter that is the long downward stroke of the letter. “b”, “g”
37. STEM OR SHANK- the upright long downward strokes that is the trunk or stalk, normally seen in capital letters.
38. TICK/HITCH- any short stroke, which usually occurs at the top of the letters.
39. TREMOR- a writing weakness portrayed by irregular shaky strokes is described as writing tremor.

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