INTRODUCTION

TO
QUESTIONED DOCUMENTS

DARWIN P. BATAWANG, PH.D. CRIM

 Todays Discussion
➢ What is a document?
➢ Writings which do not constitute documents
➢ Kinds of document
➢ What is a questioned document?
➢ Classes of questioned document
➢ What is questioned document examination
➢ Subjects considered in questioned document examination
➢ The logical progress of inquiry in document examination
➢ Scientific method in questioned document
 WHAT IS A DOCUMENT?
✓ Etymologically,
it may have been
derived from the Latin words :

 “docere”
(teach) and
 “documentum” (lesson/proof/example).
 WHAT IS A DOCUMENT?
✓Itis a formal piece of writing
that provides information or
that acts as a record of events
(Microsoft Encarta Library)
 WHAT IS A DOCUMENT?
✓ Legally,it is defined as any written
document by which a right is
established or an obligation is
extinguished (People vs. Moreno, CA,
338 O.G.119);
 WHAT IS A DOCUMENT?
✓ Every deed or instrument executed
by person by which some disposition
or agreement is proved, evidenced or
set forth (People vs. Nillosquin, CA,
48 O.G 4453);
 WHAT IS A DOCUMENT?
✓ Inrelation to criminal Jurisprudence
under the Best Evidence rule, document
is any physical embodiment of
information or ideas; e.g. a letter, a
contract, a receipt, a book of account, a
blueprint, or an X-ray plate (Black’s Law
Dictionary).
✓ Note:As for its legal implications,
NOT all writings can be constituted
as document. According to some
Supreme Court rulings, the following
cannot be constituted as document:
 Writings which do not constitute
documents
✓ A draft of a Municipal payroll which
is not yet approved by the proper
authority
✓ Mere blank forms of official
documents, the spaces of which are
not filled up
 Writingswhich do not constitute
documents
✓ Pamphlets or books which do not
evidence over disposition or
agreement are not document but
are mere merchandise.
 Kinds of Document

Public

Commercial Private

Electronic DOCUMENT Official

Executed
Notarized
Issued
Exist only
Executedbyby
by
government
in electronic
aa private
notary public
accordance person
form
orwith
its such
or
agents
without
competent
the as or
codedata
the
its commerce
of stored
intervention
officers
publicon official
having
aorofany
a
with
notary
the
computer,
authority
solemnities
public
mercantile network,
to
or containing
law, do
any
required
so
back-up,
person
andby the
authorized.
law
archive
offices,orof
disposition which
other isstorage
in
commercial rights
accordance
media. (RA 8792
with their
or obligations. E-Commerce
creation, Act
theyofare
2000)Legality
authorized e-doc
to
issue and be issued in the performance of their duties.
 Kinds of Document

Public

DOCUMENT
Notarized by a notary public or competent public official
with solemnities required by law
 Kinds of Document

Private

DOCUMENT
Executed by a private person without the intervention of a
notary public or any person authorized.
 Kinds of Document

DOCUMENT Official

Issued by government or its agents or its officers having

the authority to do so and the offices, which is in
accordance with their creation, they are authorized to
issue and be issued in the performance of their duties.
 Kinds of Document

Electronic DOCUMENT
Exist only in electronic form such as data stored on a
computer, network, back-up, archive or other storage
media. (RA 8792 E-Commerce Act of 2000)Legality e-doc
 Kinds of Document

Commercial

DOCUMENT
Executed in accordance with the code of commerce or any
mercantile law, containing disposition of commercial rights
or obligations.
WHAT IS A QUESTIONED DOCUMENT?
One in which the facts appearing therein are not
true, and are contested either in the whole or in
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.
 CLASSES OF QUESTIONED DOCUMENT

1. Documents with questioned signatures.

2. Questioned documents alleged to have

been containing fraudulent alterations.
 CLASSES OF QUESTIONED DOCUMENT
3. Questioned or disputed holographic wills.
(Last Will and Testament)
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.
 CLASSES OF QUESTIONED DOCUMENT

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 of
substituted pages.
 CLASSES OF QUESTIONED DOCUMENT

5. Questioned documents on issues of

their age or date.

6. Questioned Documents on issues of

materials used in their production.
 CLASSES OF QUESTIONED DOCUMENT
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.
Writing without any name
acknowledge, unknown
name or a person whose
name is withheld
 WHAT IS QUESTIONED DOCUMENT
EXAMINATION
It is a branch of forensic science
that deals with documents having a
suspicious authenticity and also
called as Forensic Document
Examination.
HOW QUESTIONED DOCUMENT EXAMINATION IS
APPLIED?

Document Examiners have a crucial

role to play in investigations
involving documentary evidence.
Say a suicide note is found at the
investigation scene.
HOW QUESTIONED DOCUMENT EXAMINATION IS
APPLIED?

Forensic Document Examination

helps answer questions whether
the note was written by the
deceased or someone trying to
manipulate investigators.
SUBJECTS CONSIDERED IN QUESTIONED DOCUMENT
EXAMINATION
A. Handwriting Examination
(Graphology/Graphoanalysis)
1. examination of signatures and initials
2. examination of anonymous letters
3. hand printing examination
B. Examination of typewriting's and typeprints
C. Examination of inks
SUBJECTS CONSIDERED IN QUESTIONED DOCUMENT
EXAMINATION
D. Examination of erasures, alterations or
obliterations, etc.
1. detection of alteration
2. decipherment of erased writings
3. restoration of obliterated writings
SUBJECTS CONSIDERED IN QUESTIONED DOCUMENT
EXAMINATION
E. Counterfeiting
1. examination of currency bills and coins
and the like
2. examination of fake documents
SUBJECTS CONSIDERED IN QUESTIONED DOCUMENT
EXAMINATION
F. Miscellaneous aspects
1. determination of age of documents
2. identification of stamps
3. examinations of seal and other
authenticating devices
 DOCUMENT EXAMINATION
PURPOSE:
A document may be examined for a number of
purposes including:
1. Identity of the author
2. True contents of the document
3. Origin of the instrument or paper used in making
the document
4. Alterations or erasures, which have been made.
5. Authenticity of the document.
 THE LOGICAL PROGRESS OF INQUIRY IN DOCUMENT
EXAMINATION
1. ASCERTAIN THE FACTS: to select “QUESTIONED”,
“DENIED” or “ADMITTED”, “ AUTHENTIC “, and
“DOUBTFUL” documents.

2. ANALYZE THE DETAILS: Synthesize the elements,

date and circumstances, conditions, technical problems
and the like.

3. QUALIFY THE CASE: Photo enlargements are always

useful for demonstrating the reasons on which the opinion
is based, especially in Court.
 Scientific Method in Questioned Document
1. Analysis- properties of characteristics observed or measured.
2. Comparison- Properties or characteristics of the unknown
determined thought analysis are now compared with the
familiar or recorded properties of known items.
3. Evaluation- Similarities or dissimilarities in properties or
characteristics will each have a certain value for identification,
determined by its likelihood of occurrence.
4. Verification- peer review
The principle of identification requires that when two items contain a combination of
corresponding or similar and specifically oriented characteristics 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.
THANK YOU!