QUESTIONED DOCUMENT

General Definition Terms

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 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 in 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.
 Holographic Document - any document completely written and signed by one person; also known as a
holograph. In a 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,
pencils, and papers are frequently maintained.

What is document?

- is any material which contains marks, signs, or symbols, which are visible, partially visible or
invisible that may presently or ultimately convey a meaning or message to someone.
- A document becomes a questioned document when it is being questioned as to its originality,
authenticity, authorship, source and genuineness and when it is placed under scrutiny to determine
whether or not it is disputed.

- Latin word “documentum”, means “lesson, or example ( in Medieval Latin “instruction, or official
paper”), OR

- French word “docere”, means to teach.

According to Microsoft Encarta Reference Library (as a noun):

1. Formal piece of writing

2. Object containing information

3. Computer file

As a verb, Microsoft Encarta gives the following definition:

1. Record information in or on media

2. Support a claim with evidence

What is a Questioned Document?

- is any document about which some issue has been raised or placed under scrutiny. It is a document
that has been questioned in whole or in part with respect to its authenticity, identity, origin, or its
relation among parts and to other things.
- also defined as any signature, handwriting, typewriting, or other mark whose source 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 included
by definition.
- Questioned documents may be disputed or not. In other words, not all questioned documents
are disputed.

What is a Questioned Document Examination?

- Questioned Document Examination has been a profession, at least since 1870, and is frequently
done in cases of forgery, counterfeiting, mail fraud, kidnapping, con games, embezzlement,
gambling, organized crime, white collar crime, art crime, theft, robbery, arson, burglary, homicide,
serial murder, psychological profiling, and deviant sex crime.

Scientific Handwriting Examination consists of three essential phases, namely:

1. Recognition of characteristics (analysis)

2. Complete comparison of all characteristics (comparison)

3. Correct interpretation of characteristics (evaluation)

Processes in Scientific Method of Examination:

 Analysis- properties or characteristics are observed, measured, determined.

 Comparison- properties or characteristics of the unknown items determined thru analysis are
compared with the familiar or recorded properties of known items.

 Evaluation- similarities or dissimilarities in property or characteristics that have certain value for
identification are determined by their likelihood or occurrence.

 The Examination involves, therefore, the recognition, complete comparison, and correct
interpretation or evaluation of the handwriting.

Legal Basis of Document:

1. In the case of People vs. Moreno, CA, 338 O.G. 119: any written document by which a right is
establishedor 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 set forth.

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 blue print, or an X-ray plate
(Black’ Law Dictionary).
Kinds of Document:

1. Public Document – notarized by a notary public or competent public official with solemnities required by
law. (Cacnio vs. Baens, 5 Phil. 742).

• Some common types of public records include birth records, death records, licensing records, court
records, budgets, reports, statistical data, meeting minutes, and voting records.

• Document (such as court records, land deeds, and public registers) authenticated by a public officer
and made available for public reference and use. Statements by public officers in such documents
in their official capacity are admissible evidence of fact in civil matters. Also called public record.

2. 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.

3. 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 vsOrera, 11 Phil. 596)

Examples here are notes, diaries, postcards or your social security number

4. Commercial Document –commonly refers to a wide range of business documents reflecting commercial
activity of a business or corporation, including invoices, product specifications, certificates of compliance,
manufacturer’s declaration, packing lists, consignment notes, commercial correspondence, contracts, etc.

5. Electronic Document (E-Document) – exist only in electronic form such as data stored on a computer,
network, back-up, archive or other storage media. Examples of documents subjects to e-discovery are e-
mails, instant message, e-calendars, audio file, data on drawings and other types of digital data. (Governed
by RA 8792 - Electronic Commerce Act ).

Writings Which do not Constitute Documents – based on some Supreme Court Rulings:

1. A draft of a Municipal payrollwhich 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).

Various aspect of questioned document examination:

1. Examination of Handwriting (which includes signature) and hand printing for purposes of determining
their genuineness or source;

2. Miscellaneous aspects such as detection of alteration, decipherment of erased writing, restoration of

obliterated writing, determination of age documents, identification of stamps, seal and other
authenticating devices, currency bills and coins and the like.
Classes of Questioned Documents:

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.

• disposition of property to take effect after the death of the testator

The difference between the two kinds of wills, notarial and holographic wills, is the form. They have
practically the same effect, which is the disposition of property to take effect after the death of the
testator. It may be noted, however, that with regard to notarial will, the law is very strict regarding its
formalities. The Civil Code of the Philippines provides the rules on the execution of notarial wills, to wit:

A notarial will requires the subscription of the person

making the will, attestation of at least three (3)
disinterested and credible witnesses, and the same
should be acknowledged before the notary public in
order to ensure that it was, in fact, made by the
person making the will.

Holographic wills, on the other hand, need only be

4. Documents investigated on the question of typewriting.
entirely written, dated and signed by the hand of the
testator.
A. Itwith
is also provided
a view in the Civil Code
of ascertaining theirthat
source
execution of a holographic will is not subjected to any
form, asB.long
withasaitview of ascertaining
complies their date
with the requirement
that it is entirely written, dated and signed by the
hand ofC.the with a viewThis
testator. of information
determining whetherbyor not they contain fraudulent alterations or substituted
is provided
pages.
Article 810 of the same law, which states:

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 writing

Classes of disputed signatures:

 • Simple Forgery - forged signature where no attempts has been made to make a copy or facsimile of
the genuine signature of the person purporting to have signed the document.

• Traced Forgery - forged signature which closely resembles the genuine signature since they have
been produced by tracing process.

• Simulated Forgery - forged signature which resembles the genuine signature written freehand,
commonly known as copied or simulated forgery

• Forged signature of fictitious person

• Genuine signature that the writer is honestly unwilling to accept as genuine

• Genuine signature obtained by trickery

• Genuine signature deliberately written illegibly or in unusual manner to avoid identification

Technical Terms:

1. ADDITION - a scientific made a part of the document after its original preparationmay be
referred to as addition.

2. CONCLUSION- a scientific conclusion result form relating observed facts by logical, examiners
conclusion, in legal term is referred to as <<option>>.

3. DOCUMETNT EXAMINER - one who study 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 his latter title and involves other problems than merely
the examination of hand writing.

4. ERASURE- The removal of writings, typewriting or printing, from a documents is an erasure.

• It may be accomplished by either of two means:

 Chemical eradication in which the writing is removed or bleached by

chemical agents ( e.g. liquid ink eradicator)
 Abrasive erasureis where the writing is destroyed by rubbing with a rubber
eraser or scratching out with a knife or other sharp with implement.

5. 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.

a. 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.
 6. INSERTION OR INTERLINEATION- The term “insertion” and “interlineation” include the addition
of writing and other material between lines or paragraphs or the addition of whole page to a
document.

7. NON-IDENTIFICATION (Non-identification) – as used in this text it means that the source or

authorship of the compared questioned and standard specimens is different.

a.OBLITERATION – the blotting out or shearingover the writing to make the original invisible to
as an addition.

b. 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.

• Blotting (staining, discoloring, disfiguring)

• Shearing (cutting or cut off)

8.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:

A. Criminalistics Examination. This involves the detection of forgery , erasure, alteration or

obliteration of documents.

 Dr. Wilson Harrison, a note 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.

B. Handwriting Investigation/Analysis - this is more focused in determining the author of writing. It

is a more difficult procedure and requires long study and experience.

Basic Terms in Handwriting:

 Writing – is the result of a very complicated series of acts, being as a whole a combination of
certain forms, which are the very visible result of mental and muscular habits, acquired by long,
continued, painstaking effort.
 Handwriting – is a visible effect of bodily movements, which is an almost unconscious expression of
certain ideas associated with script form.
 System of Writing – is the combination of basic design of letters and writing movements as taught
in school.
 Natural Handwriting – is any specimen of writing executed normally without any attempt to control
or alters its identifying habits and its usual quality of execution.
 Disguised Writing – is a way of writing in which the writer deliberately tries to alters his usual
writing habits and its usual quality of execution.
  Cursive Writing – is a style of writing in which the letters are for the most part joined together.
 Hand Lettering – is any disconnected style of writing in which the letters are written separately.
 Holographic Documents – is a document which is completely written and signed by one person.
 Signature – is one’s name written by himself on a document as a sign of acknowledgement.
 Writing Habit – is any repeated element or detail that may serve to individualize writing.
 Significant Writing Habit – is a term applied to any characteristics of handwriting which is
sufficiently unique and well-fixed to serve as a fundamental point in the identification of the writer.
 Characteristic – is any property or mark which distinguishes and, in questioned document
examination, commonly refers to identifying details.

Recognition of Writing 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 – as a writing characteristic is somewhat divergent under varying condition and may have but little
significance when applied to only one example, or to a small quality of writing like a signature unless the
divergence is very pronounced.

4. Proportion – individual characteristics in relative proportion of letter or proportion of a part of a letter or

relative height of one letter to another letter can be found in different writing. Proportion of letters is one
of the hidden features of writing.

5. Ration – the relation between the tall and short letters is referred to as the ratio of the wrting.

6. Connecting Strokes – this refers to the strokes of links that connects a letter with the one following: In
signature, it is a common practice among many writers to write their signatures with the initials and
connected without lifting the pen. In writing, many writers habitually drop the connection before the
certain letters (particularly small letters within words).

7. 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 paper while in motion with a “flying finish”(or what is also
referred to as vanishing, tapering or flourishing terminal strokes).

8. Pen-lift – it is an interruption in a stroke caused by removing the pen from the paper.

9. Hiatus – is a gap between strokes due to speed in writing and defective writing instruments.

10. Lateral Spacing - lateral spacing is considered as a common characteristics when it conforms to the
ordinary copy-book-form

11. Shading – It is the widening of the ink strokes with increase pressure on the paper surface.

12. Line Quality - refers to the visible record in the writen stroke of the basic movement and manner of
holding the writing instrument.

13. Alignment - is the relation of the parts of the whole line of writing or line of individual letters in words
or signature to the baseline.
14. Rhythm - it is the balanced quality of movements of the harmonious recurrence of stress or impulse.

15. Pen pressure - it is the average force in which the pen makes contact with the paper or the usual force
involved in writing.

16. Tremor - means "deviation from uniform strokes due to lack of smoothness perfectly apparent even
without magnification".

17. Natural Variation - variation is due to lack of machine-like precision of the human hand, it is also
caused by external factors, such as the writing instrument and the writing position, influenced 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……

18. Rubric or Embellishment - This refers to additional unnecessary strokes not necessary to legibility of
letterforms or writing but incorporated in writing for decorative or ornamental purpose.

TECHNICAL TERMS

1. 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.

2. Angular Forms - sharp, straight strokes that are made by stopping the pen and changing direction before
continuing.

3. Arcade Forms - forms that look like arches rounded on the top and open at the bottom.

4. Characteristics – any property or mark which distinguishes and in document examination commonly
called to as the identifying details.

5. Collation – side by side comparison; collation as used in this text means the critical comparison on side
by side examination.

6. COMPARISON - the act of setting two or more items side by side to weigh their identifying qualities; it
refers not only visual but also the mental act in which the element of one item are related to the
counterparts of the other.

7. 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.

8. DOWNSTROKE - The movement of the pen toward the writer.

9. FORM - The writer's chosen writing style. The way the writing looks, whether it is copybook, elaborated,
simplified or printed.

10. GARLAND FORMS - A cup-like connected form that is open at the top and rounded on the bottom.

11. 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.
12. GRAPHOANALYSIS - the study of handwriting based on the two fundamental strokes, the curve and the
straight strokes.

13. GRAPHOMETRY - analysis by comparison and measurement.

14. 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.

15. HANDLETTERING - Any disconnected style of writing in which each letter is written separately; also
called handprinting.

16. LETTER SPACE - The amount of space left between letters.

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

18. 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.

19. LINE SPACE - The amount of space left between lines

20. 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.

21. MARGINS - The amount of space left around the writing on all four sides.

22. MICROSCOPIC EXAMINATION - Any study or examination which is made with the microscope in other
to discover minute details.

23. 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, finger, tremors
and the like. The manner in which the writing instrument is move that is by finger, hand, forearm or whole
arm.

24. NATURAL WRITING – Any specimen of writing executed normally without any attempt to control or
alter its identifying habits and its usual quality or execution.

25. NATURAL VARIATION - These are normal or usual deviations found between repeated specimens of
any individual handwriting.

26. 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 without any evidence of shading; the act intermittently forcing the pen
against the paper with increase pressure.

27. PEN HOLD - The place where the writer grasps the barrel of the pen and the angle at which he holds it.

28. PEN POSITION - relationship between the pen point and the paper.

29. PEN PRESSURE – the average force with which the pen contacts the paper.

30. PRINTSCRIPT - A creative combination of printing and cursive writing

31. PROPORTION or RATIO - the relation between the tall and the short letter is referred as to the ratio of
writing

32. 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.

33. 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.

34. SHADING - Is the widening of the ink strokes due to the added pressure on a flexible pen

35. SIGNIFICANT WRITING HABIT – any characteristic of handwriting that is sufficiently uncommon and
well fixed to serve as a fundamental point in the identification.

36. SIMPLIFICATION – elimination extra or superfluous strokes from the copybook model.

37. SIZE - May refer to the overall size of the writing or the proportions between zones.

38. 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.

39. 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

40. SPEED OF WRITING – the personal pace at which the writer’s pen moves across the paper.

41. SPEED (SPEEDY) WRITING – Not everyone writes at the same rate so that consideration of the speed of
writing may be a significant identifying element.

42. SYSTEM (OF WRITING) - The combination of the basic design of letters and the writing movement as
taught in school make up the writing systemn. Writing through use diverges from the system, but generally
retains some influence of the basic training

43. TENSION - The degree of force exerted on the pen compared to the degree of relaxation.

44. THREADY FORM - An indefinite connective form that looks flat and wavy.

45. VARIABILITY - The degree to which the writing varies from the copybook model.

46. VARIATION - The act or process of changing.

47. WORD SPACE - The amount of space left between words.

48. 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

49. WRONG-HANDED WRITING - Any writing executed with the opposite hand that normally used; a.k.a.
"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".
50. WRITING IMPULSE - The result of the pen touching down on the paper and moving across the page,
until it is, raised from the paper.

COMMON TERMS AND DESCRIPTION OF LETTERS

1. Arc or arch – any arcade form in the body of the letter

2. Beard – rudimentary curved initial strokes

3. Blunt ending or beginning – blunt ending and initial strokes are results of the drawing process in forgery.

4. Buckle Knot – the horizontal and looped strokes that are often used to complete such letters.

5. Central Part of the body – the part of the letter ordinary formed by a small circle that usually lies on the
line of writing.

6. Eye loop or Eyelet – the small loop formed by strokes that extend in divergent direction.

7. Foot of the letter or oval – the lower portion of any down stroke which terminates on the baseline.

8. Diacritic – an element added to complete certain letters

9. Hitch – the introductory backward stroke

10. Hook or trough – the bend, crook or curved on the inner side of the bottom loop or curve of small
letter.

11. Hump – the rounded outside of the bend, crook, or curve in small letters

12. Spur – short, horizontal beginning strokes

13. Knob – rounded appearance at the beginning or ending strokes

14. Main stroke or shank stem – downward strokes of any letters

15. Whirl – the upward strokes usually on letters that have long loops

16. Space-filler or Terminal Spur – an upward horizontal or downward final stroke usually seen in small
letters

17. Retrace or retracing – a stroke that goes back over another writing stroke

18. Retouching patching – stroke that goes back to repair a defective portion of writing

19. Staff – backspace of a letter

20. Baseline – rules of imaginary line where the writing rest

21. Copybook Form – design of letters, which is fundamental to a writing system

22. Pen emphasis – it is the periodic increase in pressure of intermittently forcing the pen against the
paper surface with increased pressure.