Questioned Document Examination-Lecture

CHAPTER 11. PRESENTATION OF EVIDENCE IN COURT

The FQDE Report
There is NO standard questioned document examination report. As a
private practitioner, your report must create a good impression to the
court.
Parts of FQDE Report
1. QDE NO:
2. Date Received:
3. Name Of the Case:
4. Requesting Party:
5. Specimen Submitted
 Questioned Documents
 Standard Documents
6. Purpose Of Questioned Document Examination:
7. Methodology:
8. Findings: with attachment
9. Conclusions:
10. Date Finish:
11. Signature And Circumstances

THE FORENSIC EXPERT IN COURT LITIGATION

A. PREPARATION BEFORE TRIAL
 Review the concept and principles of QDE: (The expert witness
must have the confidence in his opinion, which is based upon his
knowledge, experience and proper preparation. Confidence is an
intelligent faith based on fact).
 Conference with your counsel: (The expert witness before
testifying in court must have his evidence and testimony adequately
prepared and should have at least one pre-trial conference with the
legal counsel)
 A court chart created by the document examiner can be used to
display similarities between a questioned writing and standard
writing. It can just as easily, of course, be a display of differences if
the examiner’s opinion is one of disassociation. The court chart
should be simplistic and easily viewed, while maintaining enough
information to illustrate the examiner’s opinion. An over-crowded
chart should be avoided.
 Study your Judicial Affidavit
 Prepare all necessary materials to be presented in court
1. Copy of FDQE report
2. Judicial Affidavit
3. Original copy of all attachment (arrange in order similar to your
JA)

B. DURING TRIAL
 Wear formal attire.
 Arrive at the court at least 30 minutes before the hearing schedule.

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 Questioned Document Examination-Lecture

 Enter the courtroom with confidence. Sit and relax while waiting for
your turn.
 Maintain a good posture

 During examination:
1. Answer questions in simple and clear language, understandable
by both parties, especially to the presiding judge. Use distinct
and expressive sentence with a simple, clear and logical
presentation.
2. Present your opinion in a friendly spirit. Be natural and speak in
a normal manner-down earth and congenial. Sincerity is
displayed by the expert in the manner of his speech.
 Always remember, address the lawyer as “Mam/Sir” and the
presiding judge as “Your Honor”.

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 Questioned Document Examination-Lecture

CHAPTER 12. PHILIPPINES LAWS ON QUESTIONED DOCUMENTS

LEGAL ASPECT OF FORGERY, COUNTERFEITING AND
FALSIFICATION
(Pursuant to Title Four, Chapter One, Revised Penal Code – Crimes Against
Public Interests)

FOREGERIES - What are the crimes called forgeries?

1. Forging the seal of the government, signature or stamp of the chief

Executive (Art. 161).
2. Counterfeiting coins (Art. 163).
3. Mutilation of coins (Art. 164).
4. Forging treasury or bank notes or other documents payable to
bearer (Art. 166).
5. Counterfeiting instruments not payable to bearer (Art. 167).
6. Falsification of legislative documents (Art. 172).
7. Falsification by public officer, employee or notary or ecclesiastical
minister (Art. 171).
8. Falsification by private individuals (Art. 172).
9. Falsification of wireless, cable, telegraph and telephone messages
(Art. 173).
10. Falsification of medical certificates, certificates of merit or service
(Art. 174).

ACTS PUNISHABLE UNDER ART. 161:

1. Forging the great seal of the Government of the Philippines.

2. Forging the signature of the President.
3. Forging the stamp of the President.

C. What are the crimes under counterfeiting coins? They are:

1. Making and importing and uttering false coins (Art. 163);

2. Mutilation of coins – importation and utterance of mutilated coins
(Art. 164); and
3. Selling of false or mutilated coin, without connivance (Art. 165).

D. WHEN IS A COIN FALSE OR COUNTERFEITED? A coin is false or

counterfeited, if it is forged or if it is not authorized by the Government
as legal tender, regardless of its intrinsic value.

Counterfeiting means the imitation of a legal or genuine coin. It may

contain more silver than the ordinary coin. There is counterfeiting when
a spurious coin is made. There must be an imitation of the peculiar
design of a genuine coin. (U.S. vs. Basco, 6 Phil. 110)

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E. DEFINITION

1. “Import,” means to bring them into port. The importation is

complete before entry at the Customs House. (U.S. vs. Lyman, 26
Fed. Cas. 1024)

2. “Utter,” means to pass counterfeited coins. It includes their

delivery or the act of giving them away. A counterfeited coin is
uttered when it is paid, when the offender is caught counting the
counterfeited coins preparatory to the act of delivering them, even
though the utterer may not obtain the gain he intended. (Decision
of the Supreme court of Spain of Jan. 11, 1913; Jan. 4, 1893; Nov. 12,
1888; and Dec. 24, 1885) Hence, damage to another is not
necessary.

3. “Mutilation” means to take off part of the metal either by filing it

or substituting it for another metal of inferior quality.

N.B. – The coin mutilated must be genuine and has not been
withdrawn from circulation. The coin must be of the legal currency
or current coins of the Philippines. Therefore, if the coin mutilated is
legal tender of a foreign country, it is not a crime of mutilation under
the Revised Penal code.

F. ACTS PENALIZED UNDER ART. 166:

1. Forging or falsification of treasury or bank notes or other documents

payable to bearer.
2. Importation of such false or forged obligations or notes.
3. Uttering of such false or forged obligations or notes in connivance
with the forgers or importers.

G. How “forging” and “falsification” are committed (Art. 169)?

Forging is committed by giving to a treasury or bank note or any
instrument payable to bearer or to order the appearance of a true and
genuine document; and falsification is committed by erasing,
substituting, counterfeiting, or altering by any means the figures,
letters, words, or signs contained therein.

H. Forgery includes falsification and counterfeiting. With the

definition given in this article, the crime of counterfeiting or forging
treasury or bank notes or other documents payable to bearer or to
order includes

(1)acts of counterfeiting or forging said instruments, and

(2)acts of falsification.

I. Meaning of “obligation” or “security” of the Philippines. The

words “obligation or security x x x of the Philippine Islands” shall be
held to mean all –

a. bonds,
b. certificates of indebtedness,

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 Questioned Document Examination-Lecture

c. national bank notes,

d. coupons,
e. treasury notes,
f. fractional notes,
g. certificates of deposits,
h. bills,
i. checks,
j. drafts for money, and
k. other representatives of value issued under any Act of Congress.

J. Reason for punishing forgery - Forgery of currency is punished so

as to maintain the integrity of the currency and thus ensure the credit
standing of the government and prevent the imposition on the public
and the government of worthless notes or obligations.

K. ACTS OF FALSIFICATION (Art. 171 & 172)

1. Counterfeiting or imitating any handwriting, signature, or rubric;

2. causing it to appear that persons have participated in any act or
proceeding when they did not in fact so participate;
3. Attributing to persons who have participated in an act or proceeding
statements other than those in fact made by them;
4. Making untruthful statements in a narration of facts;
5. Altering true dates;
6. Making any alteration or intercalation in a genuine document which
changes its meaning;
7. Issuing in an authenticated form a document purporting to be a copy
of an original document when no such original exists, or including in
such copy a statement contrary to, or different from, that of the
genuine original; or
8. Intercalating any instrument or note relative to the issuance thereof
in a protocol, registry, or official book.

L. Must there be a genuine document in falsification? In

falsification by -

1. making alteration or intercalation or

2. including in a copy different statement, there must be a genuine
document that is falsified.

Thus, in paragraph 6, 7, in its second part, and 8 of Art. 171, the law requires that
there be in genuine document where the intercalation or alteration is made changing its
meaning. In the other paragraphs of Art 171, falsification may be committed by
simulating or fabricating a document.

M. Documents may be simulated or fabricated.

1. In falsification of a public document, the falsification need not be

made on an official form. It is sufficient that the document is given

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 Questioned Document Examination-Lecture

the appearance of, or made to appear similar to, the official form.
(People vs. Tupasi, C.A., G.R. No. 290-292, March 22, 1937)
2. The simulation of public, official or mercantile document is also
contemplated in falsification of those documents (People vs. David,
C.A., G.R. No. 44368, Nov. 27, 1936)

N. Requisites of counterfeiting of signature (Art 171) - Imitation

of another’s signature need not be perfect. It is necessary only

(1)that there be an intent to imitate, or an attempt to imitate, and

(2)that the two signatures or handwritings, the genuine and the forged,
bear some resemblance to each other. (U.S. vs. Rampas, 26 Phil.
189)

O. THERE MUST BE AN INTENT OR ATTEMPT TO IMITATE - The

attempt or intent to imitate may be shown by a comparison of the
handwriting or signature on the document alleged to have been
falsified with the genuine handwriting or signature supposed to have
been counterfeited. If there is sufficient resemblance between the
genuine and the forged signatures, it can be concluded that the
accused had the intention and attempted to imitate the signature of the
offended party (U.S. vs. Rampas, supra).

P. THE FORGED AND THE GENUINE SIGNATURES OR

HANDWRITINGS MUST BEAR SOME RESEMBLANCE TO EACH
OTHER.

1. The resemblance must be such that it is likely to deceive an ordinary

person receiving or dealing with the document (U.S. vs. Rampas,
supra)
2. Thus, it has been held that the fact of imitating a person’s signature
on a check in such a way that the same, when presented for
collection “might have passed in the rush of business,” although the
handwriting is a little bit different, constitutes falsification (U.S. vs.
Litonjua, 4Phil. 485).

Q. WHEN ANY OF THE REQUISITES OF COUNTERFEITING IS NOT

PRESENT. If there is no attempt whatsoever by the accused to imitate
the signatures of other persons so that they are entirely unlike the
genuine signatures of those persons, the accused may be found guilty
under paragrapgh 2, Art. 171, in causing it to appear that those persons
have participated in the act when they did not in fact so participate
(U.S. vs. Friemuth, 3 Phil. 318; U.S. vs. Cinco, et al., 42 Phil. 839; people
vs. Llave, C.A, 40 O.G. 1908).

R. IMITATING -(feigning) - The Spanish text of Art. 171 uses

“fingiendo” (for imitation). In feigning, there is no original signature,
handwriting or rubric that does not exist. To feign means to represent
by a false appearance; to give a mental existence to; to imagine.

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 Questioned Document Examination-Lecture

In forgery, every person who, with intent to defraud, signs the name of another person, or of
fictitious person, knowing that he has no authority to do so, or falsely makes, alters, forges or
counterfeits any - checks, drag - due bill for the payment of money or property - or counterfeits or
forges the seal forged, or counterfeited, with intent the same to be fake, altered forged, or
counterfeited, with intent to prejudice, damage or defraud any person.... is guilty of forgery.

REFERENCES:

1. Compilation of handouts and pop-sheets, University of Baguio and

Baguio City Foundation University (formerly BCF).
2. Microsoft® Encarta® Reference Library 2003. © 1993-2002
Microsoft Corporation.
3. A Practical Guide to questioned Document Examination. Antonio B.
Rotor.
4. Questioned documents. Albert Osborne, 1926. Reprinted, 1996.
5. Forensic Examinations of Questioned Documents. PLTCOL Mary
Grace Alvarez, 2022.ChapterHouse Publishing Incorporated.
6. A Compendium in Criminalistics. Cirilo M. Tradio.
7. Revised Penal Code, Book II.
8. The Complete Idiot’s Guide to Handwriting Analysis. Sheila Lowe,
1999.
9. Handouts in Questioned Documents, Chester D. King-eo, University
of the Cordilleras (BCF), 2003.
10. https://www.questioneddocuments.com/questioned-document-
overviews/court-and-the-document-examiner/
11. http://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/
S000016FS/P000695/M011514/ET/1516250955FSC_P8_M35_e-
text.pdf

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