DAMAGED DOCUMENTS

1. Damaged and Obliteration by Water - class of ink involved and the degree of
obliteration would be the possibility of success in the examination.

2. Light-faded Inks - length of exposure of the ink in light as ball point pen may fade
through long exposure, carbon and record typewriting inks remain virtually
unchanged.

3. Stained Documents - examination through application of chemical reagents,

penetration or elimination in a photograph.

4. Torn Documents - assemble; as a rule, quite obvious once they are fitted together.

5. Charred Documents - by two unexposed photographic plates, photographing through

ultraviolet radiation, infrared films and oblique or reflected light, chemical use by
chloral hydrate solution or mixture of glycerine and alcohol.

ACCIDENTAL MARKINGS AND IMPRESSIONS ON A DOCUMENT

Latent Fingerprints - common method for older latent fingerprints is ninhydrin

technique; powder and iodine fuming could also be used for fresh prints; document is
soaked in silver nitrate solution and exposed in strong light; osmic acid fumes
wherein document is treated under a fuming hood.

Writing Offset - papers in contact with each other will leave ink to the other paper;
storage in damp condition offsets from water soluble inks.

Impressed Writing - those small, virtually invisible indentations pressed into the paper
by the force of writing on the above sheet. Traced through light strike obliquely.

Foreign Traces - small deposits or traces of many different substances are placed by
chance contacts with foreign objects during the preparation, handling and storing of
the documents.

Questioned Document Examination Division Capabilities

● Examination of Questioned Signatures

● Handwriting Examination
● Examination of Documents suspected to have been altered to have been
altered/erased
● Decipherment of secret writings
● Examination of sequence of entry
● Paper and ink comparison
● Typewriting examination
 ● Examination of counterfeit bills
● Conduct lecture to PNP, AFP and other government agencies
● Conduct field laboratory work
● Attend court duties

DOCUMENTS AND EXEMPLARS (Its classifications)

Document (Legal Term)

● Documents in its fullest meaning refers to any material which contains marks,
symbols or signs either visible, partly visible or invisible which 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)

● Document can also be defined as something that contains information, that

information can be held on wax, tapes or stored electronically. In other words
documents are those which are not only made of paper but also other
materials which can bear written messages.

Document (Technical Meaning) - is any material on which a permanent or

semi-permanent message can be placed. Although most documents consist of paper
containing handwriting, typewritten material, printed matter, or a combination,
messages can be left on walls, mirrors, blackboards, or locker doors.

WRITINGS WHICH DO NOT CONSTITUTE A DOCUMENT

1. A draft of municipal payroll which is not yet approved and signed by the
proper authority as required by the law. (People vs. Camacho, 44 Phil. 484)

2. Mere blank form of official documents, the space of which is not yet filled up.
(People vs. Santiago, C.A. 48 O.G. 4558)

3. Pamphlets or books which do not evidence disposition or agreement or not

documents but are mere merchandise. (People vs. Agnis 47 Phil. 945)

CATEGORIES OF DOCUMENT

Questioned Document

A document where a portion or the entire part is subject to inquiry pertaining to its
authorship or authenticity.
It refers to a document in which an issue has been raised or which is under scrutiny.
 It has a variety of classes from a simple handwritten form to a more complex form of
document which might contain a number of security features such as the paper bills
and other official documents. Documents can be questioned as to its origin, its
contents, or the circumstances regarding its production every time that serious
suspicion as to its genuineness was raised.

What is the Focal Point of Examination in Questioned Document?

The focal point of the examination and to which the document examiner relies as to
the extent of the problem. (Also referred to as a disputed document). The first step of the
initial examination of the material (questioned document) is determining whether the material
is of good quality and contains enough characteristics of handwriting to be identifiable. The
most logical step is to search for obvious signs of forgery in the questioned material.

Classes of Disputed Documents (Osborn, 1910)

A. Document with questioned signature (Common)

A kind of disputed document which is usually encountered by the document examiner
due to the importance of signature in any transaction. Obligations and rights from one
person to another can be transferred through signing of documents such as note,
receipt, draft, order, contract, deed, wills, check, etc. or similar paper where signature
is under suspicion.

B. Document containing alleged fraudulent alterations

A type of questioned document which does contains changes on the original content
of the document itself it has a variety of classes from erasure, interlineations,
insertion, smeared over writing, contact writings addition, invisible writing, charred
document, water-soaked documents, and substitution to change the value or effect of
document and others.

C. Holograph Document (Document which is completely written and signed by only one
person)
A document which is completely written, prepared and signed by the writer himself
without the assistance of any person such as poison; Poison pen letter, last will and
testament, personal letters, anonymous letters, ransom notes, are few of the
documents in this category of disputed document.

D. Document questioned their authenticity due to its alleged age

Document questioned pertaining to the date of preparation of documents such as,
the rest as land titles, certificates, birth certificates, licences and other documents,
which can expire or can be renewed.

E. Document questioned due to the material used in their production

Generally most of the public documents are the ones being subjected to this kind of
controversy. Our currency bills are one of the very concrete examples of documents
 which are being forged through use of false materials and the printing process.
Passport, licence and certifications also belong to this class.

F. Documents involving typewriting that are investigated or examined for the purpose of
determining their;
Typewritten documents can be questioned based on its source, date or contents
whether they were executed on the same date or same typewriter or on same or
different occasion or if the typewriting does not contain any insertion or addition.

G. Documents which is under investigation for it may allegedly identify a person through
handwriting;
Document written anonymously superscriptions and other kinds where the identity of
the writer is being questioned such as: anonymous letter, superscriptions, registration
and miscellaneous writings.

H. Genuine documents erroneously or fraudulently altered or disputed.

These are documents which are executed not in normal writing conditions or
situations which may greatly affect the quality of writing such as due to illness, old
age, wrong handed writing, etc.

STANDARD DOCUMENTS

EXEMPLARS

Exemplars are legally admissible, authentic samples of handwriting used for

comparison with questioned writing to determine the authenticity or spuriousness of
the questioned writing.
The genuineness of the exemplars must be found to be clear and undisputed by the
presiding judge.
Exemplars are also referred to as known handwriting samples or standards.

STANDARD DOCUMENT / EXEMPLARS

Specimen documents, in which the origin is known, can be proven and can legally be
used as a sample to compare with other things in question.
It also referred to condensed and a compact set of authentic specimens which, if
adequate and proper, should contain a true correction of the material from a known
source.
The ultimate purpose of this type of document is to serve as a basis for comparison
and identification.

TWO TYPES OF STANDARD DOCUMENTS

INFORMAL
 Specimens were completed by the writer prior to the investigation in the normal
course of their daily activities. It is critical that the document examiner obtain multiple
samples of an individual’s handwriting for comparison to any questioned document, as
natural variations will always be present in a person’s handwriting, even within the same
document. These are exemplars which are obtained from the records of files, these are
executed on the day to day business be it social, business, official or personal
circumstances or occassion. from the viewpoint of the examiner of handwriting, collected
standards are the preferred material to work with in most cases, for it is the more normal and
natural product.

FORMAL

Specimens are gathered from the writer under carefully controlled, monitored
conditions. It also refers to those which are given or made upon request of an investigator or
document examiner for purposes of making a comparative examination with the questioned
specimen. It is sometimes referred to as the Dictated Standard. It is likewise termed the
Post Litem Motam Standard in Latin. Request writings, on the other hand, are frequently
influenced by the circumstances and the knowledge that they are to be the subject of some
examination.

Informal, which describe documents previously written in the normal course of

business and known to be genuine and Formal, which are request writing samples. A clear
photocopy can yield almost as much information as an original and in most cases is
sufficient for examination. If locating originals is troublesome, photocopies can be examined
while the search for originals is being completed.

CONSIDERATION IN TAKING EXEMPLARS / STANDARDS

A. INFORMAL / COLLECTED / PROCURED STANDARDS

Similarity of Subject Matter

Standards should always conform to the nature of the questioned or
disputed material it means that only similar type or nature of the questioned document must
be compared or else it would be a waste of time comparing two specimens which have
never been the same in nature and on its kind.

Amount of Writing Standards

The adequacy of standards are rules that must be taken into
consideration especially when comparing, adequacy of the standards is to
ensure that the full range of variations of which the writer is capable is
represented. There is no hard or fast rule as to the fixed number of standards
necessary to constitute sufficiency or adequacy of standards. Although
experience shows that at least seven (7) standards usually constitute
sufficiency of standards, but still ten (10) is better than seven (7), fifteen (15)
is better than ten (10). In short the more standard you gather the better.
 Relative Dates of the Questioned and Standard Document
Standards for comparison should be contemporaneous.
Contemporary as used in questioned documents refers to documents that are
executed at least within five five (5) years before or after the questioned
document. Those documents executed two years before or after the date of
the questioned document are better to be used, but if standards will be of the
same date of the questioned it will be the best standards to be used
especially if they were executed in almost the same condition as that of the
questioned.

Writing Instrument and Paper Used

Writing instrument and paper used in the preparation of a document
may somehow influence to a certain degree the quality of the writing. Thus, it is
strongly recommended to utilize a similar writing instrument and paper as that of the
question to eliminate the possible difference brought by them to the overall
appearance of the writing.

Writing Condition
All the circumstances that may affect the quality of writing including
the writer and the surrounding circumstances in the execution of writing such
as his stress, mental incapacity, illness, medication, nervousness, infirmity,
inebriation, injury, substance abuse, or fatigue, can all certainly affect the
appearance of handwriting as well as in executing the writing. Hence, the
position in writing, the surface underneath the paper, and other outside
factors affecting the writer’s execution also affects the quality of the output of
writing. The uncontrolled trailing off of a writing stroke could be because of a
number of different factors or a combination of factors including those which
are outside the stimulus.

B. REQUESTED / DICTATED STANDARDS

Formal standards are obtained upon request to the person so authorised to

prepare and immediately thereafter standards are made and obtained.

CONSIDERATIONS IN TAKING REQUESTED WRITING / SIGNATURE

● Use a questionnaire to identify any circumstances that could affect the writings, such
as illness, injury, or substance abuse.

● The writing conditions of the questioned document should be replicated. If a

suspect's writing is handwritten, obtain handwriting for proper comparison. If a
suspect document is printed in UPPERCASE printing, the request writing should be
UPPERCASE printing as well. Be sure to make notes of any special or any special
instructions to the suspect and make him feel relaxed to avoid differences in the
quality of writing. Hence, dictation must be repeated at least 3 times in order for him
 to cope with the dictation and not to write so fast which may affect the writing
appearance.

● Replicate the writing instrument. Compare ball-point pen with ball-point pen, and
pencil with pencil or whatever writing instrument was utilised in preparing the
questioned document.

● Replicate the writing environment. Photocopy the document white out the suspect
writing, and duplicate the form several times. Have the suspect sign the samples one
at a time removing each sample as it is completed so the suspect cannot copy from
earlier work. If the questioned document is not available, use similar size paper to
make up exemplars.

● If the questioned document was written under unusual circumstances, those

circumstances should be duplicated. If the writer was standing while signing a
questioned document, the writer should be asked to write in a standing position.

● If the writer is suspected to be disguising his writing, to prevent him from disguising
exemplars, increase the speed of dictation and rush the writer. Distract the suspect
between handwriting samples. The writer will not be able to maintain his or her
disguise if distracted. Have the suspect write with both hands. Indicate which hand is
being used on each form that is completed and make sure to interrupt the dictation
for an interval so that the suspect would be relaxed and revert back to his normal
writing condition.

● Never allow the writer to see the disputed document.

POST LITEM MOTAM

The court can reject the use of request writing from the client as comparable
standards.

Therefore, non-request writing should always be used for comparison.

Writing produced at the request of the opposing party is not considered post litem
motam.

DO’S AND DON'TS FOR COLLECTING STANDARDS

DO obtain sufficient handwriting exemplars, at least 20 to 25 signatures or 4 to 5

pages of handwriting or handprinting.
DON’T rely on too little writing. How much is enough? Enough to identify the writer.
DO collect like samples, handprinting with handprinting, ink signatures, lined paper
with lined paper, same size with same size.
DON’T rely exclusively on writing that differs significantly from the questioned writing.
 DO collect standards dated at approximately the same time as the questioned
writing.
DON’T rely on documents recently written if the comparison questioned documents
were written many years ago.
DO collect documents that duplicate the writing environment, checks with checks,
contracts with contracts.
DON’T compare writing written under abnormal conditions, such as intoxication, with
normal writing.

LEGAL CLASSIFICATION OF DOCUMENTS

Public Document
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 authorised by a notary public or a competent public official, with the
solemnities required by law (Cacnio, et al vs. Baens, 5 Phil. 724).

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

Private Document
A deed or instrument executed by a private person without the intervention of a
notary public or other person legally authorised, by which documents, some
disposition or agreement is proved, evidenced or set forth. (US vs. Orera, 11 Phil
596) e.g. Theatre Ticket

Commercial Document
Defined and regulated by the Code of Commerce or other commercial law.

Electronic Document
Means any information that is created, generated, sent, communicated, received or
stored by electronic means. (lawinsider.com)
Document or information received, recorded, transmitted, stored, processed or
produced electronically.