1.1_QUESTIONED DOCUMENT

DOCUMENT

Documentum means a lesson

Docere means to teach

• Comes from a Latin word “_______" means a ______.

• French word “_____” means to ____.

• Is any material that contains a mark, symbol or sign, either visible, partially visible or invisible that may presently or ultimately convey a meaning or a message to someone.

• 
It is any written statement by which a right is established or an obligation extinguished. (People vs. Moreno, C.A., 38 O.G. 119)

Documentary Evidence

Any media by which informatrion with legal significance can be preserved and introduced as evidence in a court proceeding. (NOT HEARSAY)

1. Standard Document

2. Questioned Document

Two Categories of Document

Standard Document

Document in which the origin is known can be proven and can legally be used as sample to compare with other things in question.

a. Collected or procured standard

b. Requested/Dictated


Types of Standards

Collected or procured standard

Standard specimen obtains from a file of document executed in the regular course of man's activity or a person's day to day business, official, social, or personal activities.

Requested/Dictated

Is a standard document which is made upon request (prepared at one time). Are those which are given or made upon request for purposes of making a comparative examination with the request writing.

Contemporary document

documents which are not more than five (5) years before or after.

Questioned Document

Is a document that is questioned because of its origin, its contents, or the circumstances regarding its production arousing serious suspicion as to its genuineness or it may adversely scrutinized simple because it displeases someone.

• A document to which an issue has been raised or which is under scrutiny. The focal point of the examination and to which the document examiner relies as to the extent of the problem.

• Also known as disputed document or Unkown documents or specimens

1. Public Document

2. Official Document
3. Private Document

4. Commercial Document

Legal Classification of Documents:

Public Document

Is a document created, executed or issued by a public official in response to the exigencies of the public service, or in the execution of which a public official intervened.

• Is any instrument authorized by a notary public or a competent public official, with the solemnities required by law.

Official Document

Is a document which is issued by a public official in the exercise of the functions of his office. An ________is also a public document as a larger classification.

• any instrument issued by the goverment or its offices having the authority to do so and the offices, which in accordance with their creation they are authorized to issue. The offices must issue the document in the performance of their duties.

Private Document

A deed or instrument executed by a private person without the intervention of a notary public or other person legally authorized, by which documents, some disposition or agreement is proved, evidenced or set forth.

Commercial Document

Is any document defined and regulated by the Code of Commerce or any other commercial law.

• or any Mercantile Law containing dispoition of Commercial rights or obligations

1. Document with questioned Signature (most common)

2. Document containing fraudulent alteration (any form of changes either an addition or deletion to the contents of a document.)

3. Holograph Document

4. Document questioned as to the material used in their production.

5. Documents questioned as to their age or date.

6. Documents involving typewriting

7. Document which may identify a person through handwriting

8. Genuine documents erroneously or fraudulently attacked or disputed

9. Documents containing printing or type prints.

Classes of Questioned Documents

Holograph Document

a document that is completely written and signed by one person

• dervied from the latin words “holo” means “whole/entire/complete” and “Graphia” meaning writings or drawings”

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.

Handwriting Investigation/Analysis

This is more focused in determining the author of writing. It is more difficult procedure and requires long study and experience.

Analysis (Recognition)

Comparison

Evaluation

SCIENTIFIC METHOD IN QUESTIONED DOCUMENT EXAMINATION (ACE)

Analysis (Recognition)

properties or characteristics, observed or measured.

Comparison

Properties or characteristics of the unknown determined thought analysis are now compared with the familiar or recorded properties of known items.

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.

Accuracy

Precision

The criteria of scientific examination of documents are:

Accuracy

correspondence between results obtained and the truth.

Precision

measure of the consistency of results obtained in repeated study or experimentation.

QUESTIONED DOCUMENT EXPERT

• Attained the appropriate education and training;

• Sufficient knowledge on the technical, of document examinations; and scientific, and legal aspects

• A broad experience in handling questioned document cases.

• Assurance of preparedness;

• Trial fiscal or judges are infrequently confronted with document cases; consequently, they do not possess the knowledge of the documents expert's ability of the various methods that exist for determining forgeries.

• Avoidance of an "OFF-HAND" opinion.

REASONS FOR UTILIZING A QUESTIONED DOCUMENT EXPERT:

Off-hand opinion

is usually a conclusion that is not. based on thorough scientific examination.

THE DANGER OF OFF-HAND OPINIONS

It has happened in some cases that an off-hand opinion, has sent an innocent man to prison, while a murderer was given a chance to escape.

System of Writing

Is the combination of the basic shape and designs of letter and the writing movement which was taught in school.

Copy book form

Is an illustration of the basic designs of letters that is fundamental to the writing system.

Writing movement

Refers to factors relative to the motion of the pen such as, pressure, rhythm, pen lifting, etc.

Writing

Is the visible result of a very complicated series of acts, being as a whole or 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 movement which is an almost unconscious expression of fixed muscular habits reacting from fixed mental impression of certain ideas associated with script form

Writing Habits

Refers to any repeated elements of once handwriting which serves as an identifying characteristic.

Significant Writing Habits

Elements of one's writing that are sufficiently unique and well-fixed to serve as a strong basis of individuality.

Slant

Refers to the relative degree of writing inclination relative to the baseline.

Base Line

An imaginary or straight line in which the writing rest.

1. Cursive

2. Hand Lettering

3. Natural Writing

4. Disguised

5. Guided/ Assisted

TYPES OF HANDWRITINGS

cursive

Writing in which the letters are for the most part joined together.

• Dactus Link

Hand lettering

refers to writing characterized by a disconnected style. or block capitals

• soemtimes reffered to as manuscript writing or letter printing

Natural Writing

a specimen of writing that is executed normally and without any attempt of altering or control its usual writing habits and quality.

Abnormal Hand Writing Habits

it is a characteristic of handwriting execution as product of consciousness

Disguised

a specimen of writing executed deliberately with an attempt of changing its usual writing habits in the hope of hiding one's identity.

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.

• any designs or pattern written by a person in a document as representation of acknowledgement

Model signature

Genuine signature which has been used in preparing a simulated or traced forgery.

Evidential Signature

Specimen signature which was executed in particular date, particular time and place, under a particular writer's condition and for a particular purpose.

1. Formal or complete

2. Informal or cursory

3. Careless Scrible

Classes of Signature

Formal or complete

Used in signing very important document

• class of signiture used in ackowledging important document such as will, checks, contracts and business papers.

Informal or cursory

Used for routine document

Careless scribble

Used for not so important document such as delivery of mail or receipt of purchase equipment etc.