QUESTIONED DOCUMENT EXAMINATION NOTES

What is Document
According to Microsoft Encarta Reference Library (as a noun):
1. formal piece of writing
2. object containing information
3. computer file

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
It is any written statement by which a right is established or an obligation extinguished. (People
vs. Moreno, C.A., 38 O.G. 119.
The term “document” applies to writings; to words printed, lithographed, or photographed; to
maps or plans; to seals, plates, or even stones on which inscriptions are cut or engraved. In its
plural form, “documents” may mean; deeds, agreements, title, letters, receipts, and other written
instruments used to prove a fact.
It Is any Material on which a permanent or semi-permanent message can be placed. Although
most document consist of paper containing handwriting, typewritten material, printed matter, or
a combination, massages can be left on walls, mirrors, blackboards, or locker doors
(Additional info)
-Latin word documentum means lesson or example (in Medieval Latin “instruction or official
paper) or
-French word “docere”, means to teach

LEGAL BASIS OF DOCUMENTS:

1. In the case of People vs. Moreno, CA, 338 O.G.  119: any written document by which a
right is established or an obligation is extinguished.
2. In the case of People vs. Nillosquin, CA, 48 O.G. 4453: every deed or instrument
executed by person by which some disposition or agreement is proved, evidenced or
setforth.
3. In relation to Criminal Jurisprudence under the Best Evidence rule: any physical
embodiment of information or ideas; e.g. a letter, a contract, a receipt, a book of account,
a blur print, or an X-ray plate (Black’s Law Dictionary).
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).

Two Categories of Document

• Questioned Document
• Standard Document

What is Question Document

QUESTIONED. Any material which some issue has been raised or which is under scrutiny.
QUESTIONED DOCUMENT. One in which the facts appearing therein may not be true, and
are contested either in whole or 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.
Or It refers to document in which an issue has been raised or which is under scrutiny
DISPUTED DOCUMENT. A term suggesting that there is an argument or controversy over
the document, and strictly speaking this is true meaning. In this text, as well as through prior
usage, however, “disputed document” and “questioned document” are used interchangeably to
signify a document that is under special scrutiny.

What is the Focal point of examination in Q.D

The focal point of the examination and to which the document examiner relies as to the extent of
the problem. (also referred to as disputed document).

What is Standard Document

Document in which the origin is known can be proven and can legally be used as sample to
compare with other things is questioned.
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.
"Standard" in questioned documents  investigation,  we mean those things whose origins are
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.
EXEMPLAR. A term used by some document examiners and attorneys to characterize known
material. Standard is the older term.

Types of Standards
• Collected/Procured Std. – Standard specimen executed in the regular course of man’s
activity or that which are executed on the day to day writing activity.
• Requested/Dictated (Post litel motam std.) – a Standard document which are executed
upon request, they are prepare at one time.

KINDS OF DOCUMENT
PUBLIC DOCUMENT - notarized by a notary  public or  competent public official with
solemnities required  by law.(Cacnio vs. Baens, 5 Phil. 742)

OFFICIAL DOCUMENT - 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.

PRIVATE DOCUMENT -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).

COMMERCIAL DOCUMENT
executed in accordance with the Code of Commerce or any Mercantile Law, containing
disposition of commercial rights or obligations.
Take note: A private document may become a public or official document when it partake 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.

Classes of Questioned Documents:

1. Document with questioned Signature (most common).- A kind of disputed document which
usually encounter by the document examiner due to importance of signature in any transaction
2. Document containing alleged fraudulent alteration. - A type of questioned document which
does contains changes on the original content of the document itself it has a variety of classes
3. Holograph Document (Document completely written and signed by one person). - A
document which is completely written prepared and signed by the writer himself without the
assistance of any person
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 or substituted
pages.

-any document completely written and signed by one person; also known as holograph. In
number of jurisdictions a holographic will can be probated without anyone having witnessed its
execution.
Reference Collection- Material compiled and organized by the document examiner to assist
him in answering special questions. Reference collections of typewriting, check writing
specimens, inks, pens, pens, and papers are frequently maintained.
5. Document questioned as their age or date- Document questioned pertaining to the date of
preparation of documents.

6. Document questioned as to the material used in their production-Generally most of the

public document are the one being subjected to this kind controversy.

7. Document involving type writing- Typewritten document can be questioned based on its
source, date or contents whether they were executed on the same ate or same typewriter or same
or different occasion or if the type writing does not contain any insertion or addition
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.

Definition of Term
• 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 or 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 maybe accomplished by either of two means. A chemical eradication in which
the writing is removed or bleached by chemical agents (e.g. liquid ink eradicator); 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. His 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.
• 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-IDENTITIFICATION (Non-identity) – as used in this text it means that 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.
• REASON FOR QUESTIONED DOCUMENT EXAMINATION
• Generally, examination of questioned documents is restricted to “Scientific Comparison”
which means that determination of authenticity, genuineness, falsification or forgery lies
on the availability of known standards for comparison. After thorough comparison, the
following principle of identification is applied:
“When two items contain a combination of corresponding or similar and specifically
oriented characteristic 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.

• DIVISIONS OF QUESTIONED DOCUMENT EXAMINATION

• 1. Criminalistics Examination. This involves the detection of forgery, erasure,
alteration or obliteration of documents.
•  =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.
•  
• 2. Handwriting Investigation/Analysis. This is more focused in determining the author
of writing. It is more difficult procedure and requires long study and experience.

FORMS/ASPECTS (SUBJECTS) OF QUESTIONED DOCUMENT EXAMINATION

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

Types of Handwritings
1. Cursive- Writing in which the letters are for the most part joined together
2. Handlettering- refers to writing characterized by a disconnected style
3. Natural Writing- a specimen of writing that is executed normally and without any attempt of
altering its usual writing habits
4. Disguised- A specimen of writing executed deliberately with an attempt of changing its usual
writing habits in the hope of hiding one’s identity.
5. Guided/Assisted- a specimen of writing executed while the writer’s hand is at steadied.
Usually employed by beginners in writing.
Signature—a name of person signed by himself on a document as a sign of acknowledgement
Model signature- genuine signature which has been used in preparing a simulated
Evidential Signature- specimen signature which was executed in particular date and place under
a particular ____ condition and for a particular purpose.

Classes of Signature
1. Formal or complete- used in signing very important document
2. Informal or cursory- used for routine document
3. Careless scribble- used for not so important document such as a delivery of mail or receipt

• Examination of Typewritings and typeprints.

• Examination of Inks
• Examination of Erasures, alterations or obliterations, etc.
Detection of alteration
Decipherment of erased writings
Restoration of obliterated writings
• Counterfeiting
• Examination of currency bills and coins and the like.
• Examination of fake documents
• Miscellaneous aspects
Determination of age of documents
Identification of stamps
Examinations of seal and other authenticating devices
DOCUMENT EXAMINATION (In General)
• A. VALUE -
• A. VALUE -
• In the commission of a crime, the criminal often finds it necessary to employ one
or more documents in furtherance of his act.
• In some crimes, such as forgery, the document is an integral part of the crime.
• In others, such as false claims against government, documents often play an
important part in proving the commission of the crime.
• Proof of the fact that a document was altered or made by a particular individual
may show that:
• a. He committed the crime.
• b. He had knowledge of the crime.
• c. He was present in a certain locality at a specified time.
• B. PURPOSE - A document may be examined to know the following:
• Identity of the author.
• True contents of the document.
• Origin of the instrument or paper used in making the document.
• Alterations or erasures which have been made.
• Authenticity of the document.

THE LOGICAL PROGRESS OF INQUIRY IN DOCUMENT EXAMINATION

FIRST - ASCERTAIN THE FACTS: to select "QUESTIONED", "DENIED" or
"ADMITTED", "AUTHENTIC", and "DOUBTFUL" documents.
SECOND - ANALYZE THE DETAILS: Synthesize the elements, date, circumstances,
conditions, technical problems and the like.
THIRD - QUALIFY THE CASE:

FIRST - ASCERTAIN THE FACTS: to select "QUESTIONED", "DENIED" or

"ADMITTED", "AUTHENTIC", and "DOUBTFUL" documents.
• Concerning
• 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 questioned? Etc.
• Regarding
• Regarding the Standards:
• Make sure that there are sufficient numbers of authentic documents for
comparison submitted. If there are inadequate standards, obtain more.
• Determine whether the standards are authentic ones, on which a
foundation can be built for admitting them in evidence.

Physiological Basis of Handwriting

In writing the pen functions as an extension of the hand. The fingers transmit to the paper, the
directive impulse and the variation in muscular tension that according to the nature of tie writer's
nervous organization occur during the act or writing. This center near the motor area of the
cortex is responsible for the finger movement involved in handwriting. The importance of this
center is that when it becomes diseased as in a graphic, one loses the ability to write although he
could still grasp a fountain pen, ball pen or pencil. Thus, the ability or power to hold a fountain
pen or pencil to form symbols and words can be said to emanate from its cortical center.

Two Groups of Muscles Involve in Handwriting:

1. extensor muscles - push up the pen to form the upward strokes
2. flex muscles which push the pen to from the downward strokes.
 
Generally speaking, four groups of muscles are employed in writing - those which
operate the joints of the fingers, wrist, elbow, and shoulder. The delicate way in which the
various muscles used in writing work together to produce written form is known as motor
coordination.

VARIATIONS IN HANDWRITING
A more or less definite pattern for each is stored away in the subjective mind but the hand
does not always produce a stereotyped duplicate of that pattern. The hand ordinarily is not an
instrument of precision and therefore we may not expect every habitual manual operation to be
absolutely uniform. The greater this skill in the art of penmanship, the less the variations there
will be in the form of individualize letters as well as in the writing as a whole.
Causes of Variation
1. Function of some external condition i.e. influence of the available space.
2. Abnormal conditions such as physical injury, toxic effects, inebriation's, emotion and
deception.
3. Position of letter - all the letters are to be found initially, medially, and finally. The fact
of a different position, especially in combination with another and particular letter, may
modify any of them in some way or another.

TERMINOLOGIES RELATED TO HANDWRITING IDENTIFICATION AND

EXAMINATIONS
• ALIGNMENT - Is the relation of parts of the whole of writing or line of individual
letters in words to the baseline. It is the alignment of words or the relative alignment of
letters.
• ANGULAR FORMS – Sharp, straight strokes that are made by stopping the pen and
changing direction before continuing.
• ARCADE FORMS – Forms that look like arches rounded on the top and open at the
bottom.
• CHARACTERISTICS - any property or mark which distinguishes and in document
examination commonly called to as the identifying details.
• COLLATION - side by side comparison; collation as used in this text means the critical
comparison on side-by-side examination.
• COMPARISON - the act of setting two or more items side by side to weigh their
identifying qualities; it refers not only a visual but also the mental  act in which the
element of one item are related to the  counterparts of the other.
• DISGUISED WRITING - A writer may deliberately try to alter his usual writing habits
in hopes of hiding his identity. The results, regardless of their effectiveness are termed
disguised writing.
• DOWNSTROKE – The movement of the pen toward the writer.
• FORM – The writer’s cphosen writing style. The way the writing looks, whether it is
copybook, elaborated, simplified or printed.
• GARLAND FORMS – A cup-like connected form that is open at the top and rounded on
the bottom.
• GESTALT – The German word that means “complete” or “whole”. A good gestalt
needs nothing added or taken away to make it “look right”. Also a school of handwriting
analysis that looks at handwriting as a whole picture.

• GRAPHOANALYSIS - the study of handwriting based on the two fundamental strokes,

the curve and the straight strokes.

• GRAPHOMETRY - analysis by comparison and measurement.

• GRAPHOLOGY - the art of determining character disposition and amplitude of a
person from the study of handwriting. It also means the scientific study and analysis of
handwriting, especially with reference to forgeries and questioned documents.
• HANDLETTERING. Any disconnected style of writing in which each letter is written
separately; also called hand printing
• LETTER SPACE – The amount of space left between letters.

• LINE DIRECTION – Movement of the baseline. May slant up, down, or straight across
the page.

• LINE QUALITY - the overall character of the ink lines from the beginning to the ending
strokes. There are two classes: Good Line quality and Poor Line quality. The visible
records in the written stroke of the basic movements and manner of holding
the writing instrument is characterized by the term "line quality". It is
derived from a combination of actors including writing skill, speed rhythm, freedom of
movements, shading and pen position.

• LINE SPACE – The amount of space left between lines.

• MANUSCRIPT WRITING. A disconnected form of script or semi-script writing. This
type of writing is taught in young children in elementary schools as the first step in
learning to write.
• MARGINS – The amount of space left around the writing on all four sides.
• MICROSCOPIC EXAMINATION - Any study or examination which is made with the
microscope in other to discover minute details.
• MOVEMENT – It is an important element in handwriting. It embraces all the 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 arm.
• NATURAL WRITING - Any specimen of writing executed normally without any
attempt to control or alter its identifying habits and its usual quality or execution.
• NATURAL VARIATION - These are normal or usual deviations found   between
repeated specimens   of any individual handwriting.
• PEN EMPHASIS - The act of intermittently forcing the pen against   the paper surfaces.
When the pen-point   has flexibility, this emphasis produces shading, but with more rigid
writing points  heavy point emphasis  can  occur  in writing w/out any evidence of
shading; the act intermittently forcing the pen  against  the paper with increase pressure.
• PEN HOLD – The place where the writer grasps the barrel of the pen and the angle at
which he holds it.
• PROPORTION or RATIO - the relation between the tall and the short letter is referred
as to the ratio of writing.
• QUALITY. A distinct or peculiar character. Also, “quality” is used in describing
handwriting to refer to any identifying factor that is related to the writing movement
itself.
• RHYTHM – The 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; the
flourishing succession of motion which are recorded in a written record. Periodicity,
alternation of movement.

• SHADING - Is the widening of the ink strokes due to the added pressure on a flexible
pen point or to the use of a stub pen.
• SIGNIFCANT WRITING HABIT – Any characteristic of handwriting that is
sufficiently uncommon and well fixed to serve as a fundamental point in the
identification.
• SIMPLIFICATION – Eliminating extra or superfluous strokes from the copybook
model
• SIZE – May refer to the overall size of the writing or the proportions between zones.
• 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; degree, ability, or skill
of a write proficiency.
• SLOPE/SLANT - the angle or inclination of the axis of the letters relative to the
baseline. There are three classes: Slant to the left; Slant to the right; and Vertical Slant.
• SPEED OF WRITING - The personal pace at which the writer’s pen moves across the
paper.
• SPEED (SPEEDY) WRITING - Not everyone writes at the same rate so that
consideration of the speed of writing may be a significant identifying element. Writing
speed cannot be measured precisely from the finished handwriting but can be interpreted
in broad terms of slow, moderate, or rapid.
• SYSTEM (OF WRITING) - The combination of the basic design of letters and the
writing movement as taught in school make up the writing system. Writing through use
diverges from the system, but generally retains some influence of the basic training.
• TENSION – The degree of force exerted on the pen compared to the degree of
relaxation.
• THREADY FORM – An indefinite connective form that looks flat and wavy.
• VARIABILITY – The degree to which the writing varies from the copybook model.
• VARIATION – The act or process of changing.
• WORD SPACE – The amount of space left between words.
• WRITING CONDITION – Both the circumstances under which the writing was
prepared and the factors influencing the writer’s ability to write at the time of execution.
It includes the writer’s position (sitting, standing, abed, etc.), the paper support and
backing, and the writing instrument; writing ability may be modified by the condition of
the writer’s health, nervous state, or degree of intoxication.
• WRONG-HANDED WRITING. Any writing executed with the opposite hand that
normally used; a.k.a. as “with the awkward hand.” It is one means of disguise. Thus, the
writing of a right-handed person which has been executed with his left hand accounts for
the common terminology for this class of disguise as "left-hand writing".
• WRITING IMPULSE – The result of the pen touching down on the paper and moving
across the page, until it is raised from the paper.
• Arc–the rounded inner part of an upper curve, bend or crook,
•
• Beard–is an introductory up and downstrokes found in some capital letters. Also called
as
• Double hitch.
• Blunt–is a part of a stroke characterized by a abrupt beginning or end at which the pen
does not creates a diminishing strokes.
• Buckle Knot is a horizontal or loop strokes used to complete letters A, H ,F and D.
• Loop–is an oblong strokes