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The Lesson Structure
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importance or role of a questioned document expert towards the
administration of justice, and the care and preservation of
evidence for court litigation”.
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- Latin word “documentum” means “lesson, or example
(in Medieval Latin “instruction, or official paper”) OR
-In the case of People vs. Moreno, CA, 338 O.G. 119, a
document is any written document by which a right is
established or an obligation is extinguished.
KINDS OF DOCUMENT
Under the Philippine Law, the following are the four kinds of
document:
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vs. Orera, 11 Phil. 596).
4. COMMERCIAL DOCUMENT- any instrument executed in
accordance with the Code of Commerce or any Mercantile
Law, containing disposition of commercial rights or
obligations.
N.B.
- A private document may become a public or official document when it
partakes the nature of a public or official record. So if the falsifications
committed on such document, that is, when it is already a part of the
public record, falsification of public or official document is committed.
However, if such private document is intended to become a part of the
public record, even though falsified prior thereto, falsification of a
public document is committed.
QUESTIONEDDOCUMENT:
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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.
QUESTIONED
- Any material, which some issue has been raised or
which is under scrutiny.
QUESTIONED DOCUMENT
- Document is questioned because its origins, its contents,
or the circumstance and story regarding its production arouse
suspicion as to its genuineness or it may adversely scrutinize
simple because it displeases someone.
-Document is said to be questioned when it is disputed or
attacked, either in whole or in part as to its date or age, as to its
source or origin, as to the material used in their production, and
as to its relation in some other document.
- Is defined as one in which its genuineness or originality
is being disputed while controversies and acceptance are
uncertain and still subject to examination for confirmation
of authenticity or falsity. (Mendoza, 2012)
- Any document about which some issue has been
raised or which is under scrutiny. (Montalba, 2014)
- Any means of communication that is suspect, entirely
or in part, as to authenticity or origin. (Peckley, 2015)
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How about DISPUTED DOCUMENT?
- Any document that there is an argument or controversy.
ADDITION – any matter made a part of the document after its original
preparation may be referred to as addition.
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IDENTIFICATION – as used in this text it is the state of being
identical or absolutely the same as in similarity of source or authorship
of the questioned document and the standard document.
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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.
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
writings.
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Lesson 2:
Historical Background
of QDE
Learning Outcomes At the end of this lesson, you shall be able to:
1. Identify personalities in the history of Questioned
Document Examination;
2. Discuss the contributions and its significance to QDE
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Abstraction In this part of the module, we have to identify several
significant PERSONALITIES IN THE HISTORY OF
QUESTIONED DOCUMENT EXAMINATION ( Camara
2016). They are the following:
1. Albert Sherman Osborn is considered as the Father of
Scientific Examination of Questioned Document. He
was the first American prominent in the field of
forgery detection, and author of the seminal
“QuestionedDocuments” (1910, reprinted many times).
Through his efforts, courts began to accept the
presentation of forged documents as scientific
evidence. He founded the American Society of
Questioned Document Examiners on 2 September
1942.
2. Albert D. Osborn was the third President of the
American Society of Questioned Document Examiners.
Mr. Osborn served in the military during World War
I. Upon his return from overseas in 1919, he began
attending the meetings that eventually led to the formation
of the ASQDE. In 1942, Mr. Osborn was one of the 15
men who founded the Society. He was the son of the
founding president of the ASQDE, Albert S. Osborn, and
was associated with A. S. Osborn in private practice for
many years. A.D. Osborn’s sons, Paul Osborn and Russell
Osborn, both became examiners of questioned documents,
as did his grandson John P. Osborn. Among Mr. Osborn’s
many high profile cases, he was one of eight document
examiners who testified for the prosecution in the case
against Bruno Hauptmann in the kidnapping/murder of the
Lindbergh baby. Mr. Osborn was co-author of the book
Questioned Document Problems with his father. He was
also the author of many professional papers.
3. B.J. Vreeland Haring and J. Howard Haring are the
father and son Haring of New York were the word famous
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handwriting experts who testified on Charles A, Lindberg
Jr. Kidnapping case. The defendant to the case was Bruno
Richard Hauptmann Flemington, New Jersey in 1935.
Fourteen letters were directed to of the famous parents of
the kidnapped Lindberg baby was abducted. The other
letters contained follow-up ransom demands and
instructions.
4. J. Newton Baker was a Consultative expert in Disputed
document and in 1955 he authored the book “ Law of
Disputed and Forged Documents”.
5. James V.P. Conway was an Examiner of Questioned
Documents of San Francisco, California Postal Inspector
in-charge, San Francisco Identification Laboratory U.S.
Postal Inspection Service and authored “Evidential
Documents” which was published in Springfield, Illinois,
USA in 1959.
6. Hans Scheickert (1876-1944) was a Doctor of Law and
Director of the identification Bureau of the Police
Department of Berlin until 1928. He was a Criminology
Professor at the University of Berlin in 1920 and a well-
known handwriting expert.
7. Dr. Wilson R. Harrison was the Director British
Government’s Office Home Office Forensic Science
Society of Questioned Document Examiners. He authored
the book “Suspect Document Examiners Their
Scientific Examination”, which was first published in
London in 1958. He had over twenty year experience in
the examination of suspect documents for the police
forces of England and Wale and for many government
departments.
8. Ordway Hilton was the sixth president of the American
Society of Questioned Document Examiners. Mr. Hilton
was born in 1913 and grew up in Evanston, Illinois. He
majored in mathematics at Northwestern University and
received a master’s degree in statistics from the same
University in 1937. Mr. Hilton was the first questioned
document examiner in the new crime laboratory of the
Chicago Police Department. In 1944, while still on active
duty as an officer in the U.S. Navy during World War II,
he attended the second meeting of the ASQDE in the
Montclair, New Jersey, home of Albert S. Osborn. Mr.
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Hilton became associated with Elbridge Stein, the first
secretary of the ASQDE in 1946. Mr. Hilton authored one
of best known texts in the field, “Scientific Examination
of Questioned Document”, in 1956, and a revised edition
of the text in 1982. He also authored Detecting and
Deciphering Erased Pencil Writing. Mr. Hilton was a
Board of Forensic Document Examiners. He was an
instrumental in establishing the Questioned Documents
Section of the American Academy of Forensic Sciences.
(AAFS). From 1959 to 1960, Mr. Hilton served as the
tenth president of the AAFS. He is one of the few AAFS
Fellows to be named a Distinguished Fellow and one of
only four questioned document examiners to ever receive
this honor. Ordway Hilton passed away in 1998.
9. Roy A. Huber was the 24th President of the American
Society of Questioned Document Examiners. After
joining the Royal Canadian Mounted Police (RCMP) in
1940, Roy Huber worked as a police constable at various
detachments in the Province of Saskatchewan. Under the
tutelage of senior document examiners were Hugh
Radcliffe and Chester Eaves. He wrote and presented
more than 30 papers including such titles as Typist
Identification, Modern Trends Counterfeiting, The
Production and Identification of Embossing Seals, and
The Quandary of “Qualified” Opinions. he published a
book in 1999 entitled “Handwriting Identification-
Facts and Fundamentals,” which has become an
important text in the training of forensic document
examiners. During the first ASQDE conference he
attended in 1955 that was held in Houston, He presented
his first ASQDE paper entitled, The Potentialities of the
Blink Microscope in Typewriting.
In 2003, Roy Huber received the Albert Osborn Award of
Excellence in recognition of his distinguished career and
many contributions he made to both the ASQDE and the
profession as a whole.
10. Charles Chabot (baptized 19 March 1815 – 15 October
1882) was an English of graphologist who, as part of the
firm of Netherclift. Chabot and Matheson, was an early
practitioner of questioned document examination. Chabot
was born Battersea, the son of Charles, a lithographer, and
Amy nee Pearson, a couple of Hugenot descent.
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Beginning as a lithographer, he develop as an expert in
handwriting and became sought after as an expert witness
in a variety of famous trials including the Roupell case
and the Tichbone Case. In 1871, Chabot became involved
in establishing the identity of Junius and concluded that he
was Sir Philip Francis.
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Learning Outcomes At the end of this lesson, you shall be able to:
1. Identify the different kinds of questioned document
examination;
2. Explain the scientific principles of identification and
examination of standards and questioned documents;
3. Introduce the different equipment in questioned document
examinations in identifying and differentiating writing;
4. Explore the use of the different equipments in QDE.
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with the familiar or recorded properties known items.
c. EVALUATION – similarities or dissimilarities in
properties or characteristics will each have a certain value
for identification, determined by its likelihood of
occurrence.
d. VERIFICATION – it is the process of double checking
the accuracy and correctness of the examination usually
conducted by other experts in the said field.
There are also different CRITERIA OF SCIENTIFIC
EXAMINATION OF DOCUMENTS. These are:
a. ACCURACY – correspondence between results obtained
and the truth.
b. PRECISION – measures of the consistency of results
obtained in repeated study or experimentation.
There are TWO CATEGORIES OF DOCUMENT, namely:
1. QUESTIONED DOCUMENT – the focal point of the
examination and to which the document examiner
relies as the extent of the problem.
2. STANDARD DOCUMENT (EXEMPLAR) – which
is origin is known and can be proven and can legally
be used as sample to compare with the questioned
document.
The TYPES OF Document STANDARD are the following:
a. COLLECTED OR PROCURED STANDARD –
standard specimen executed in the course of man’s
activity or that which are executed on the day-to-
day writing activity.
b. REQUESTED OR DICTATED STANDARD –
standard documents which are executed upon
request, they are prepared at one time.
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the winning of the case at the most possible means.
PRESIDING JUDGE – will determine to appreciate or
reject the services of questioned document examiner to a
particular proceeding of the case.
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invisible rays react on some substances so that
visible light is reflected, a phenomenon called as
“Fluorescence”.
2. INFRARED EXAMINATION – employs invisible
radiation beyond the red portion of the visible
spectrum which is usually is recorded on specially
sensitized photographic emulsions.
3. OBLIUE OR SIDE LIGHT EXAMINATION – an
examination with the illumination so controlled
that it grazes or strike the surface of the documents
from one side at very low angle.
4. TRANSMITTED LIGHT EXAMINATION – the
document is viewed with the source of illumination
and the light passing through the paper.
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c. STEREOSCOPIC BINOCULAR
MICROSCOPE - a tri-dimensional (3D)
enlargement is possible
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f. TRANSMITTED LIGHT GADGET – a device
where light comes from beneath or behind
glass on document is placed.
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j. VIDEO SPECTRAL COMPARATOR (VSC) –
it is used in the examination of masked or
obliterated text, watermarks, visible
fluorescence, paper fluorescence and oblique
illumination of intended writing and
embossing.
k. ELECTROSTATIC DETECTION
APPARATUS (ESDA) – the device that can
detect indention/ indented writings that can
records transparencies of any indentations. It
is a piece of equipment commonly used in
questioned document examination, to reveal
indented impressions on paper which may
otherwise go unnoticed.
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SUBJECTS CONSIDERED IN QUESTIONED DOCUMENT
EXAMINATION:
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is origin is known and can be proven and can legally
be used as sample to compare with the questioned
document.
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Learning Outcomes At the end of this lesson, you shall be able to:
1. Explain the scientific principles of identification and
examination of standards and questioned documents;
2. Illustrate and apply the protocol in selection and examination
of standards and questioned documents;
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Activity
Why document is being questioned?
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be a deed, contract, will, election ballots, marriage contract,
check, visas, application form, check writer, certificates, etc.
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I. DISPUTEDDOCUMENT is any document that there is an
argument or controversy.
A Disputed Document is, therefore, always a questioned
document, while a Questioned Document is not always a disputed
document.
KINDS OF DOCUMENTS:
1. PUBLIC DOCUMENTS – anydocuments
notarized by a notary public or competent public
official with solemnity required by law.
2. OFFICIAL DOCUMENTS – any document
issued by the government, its agent or its office are
having the authority to do so and the offices which
is in accordance with their creation are authorized
to issue.
3. PRIVATE DOCUMENTS – any documents
executed by a private person without the
intervention of a notary or of any other legally
authorized person by which documents, some
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disposition or agreement are proved and set forth.
4. COMMERCIAL DOCUMENTS - any
documents executed in accordance with the code
of commerce or any mercantile law, containing
disposition of commercial rights or obligation.
5. ELECTRONIC DOCUMENTS –this document
only exist in electronic forms such as data stored
on a computer, network, back0up archive or other
storage media. ( Governed by RA 8792)
Application
Fill in the table below at least five examples of each kind of
Document:
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Select the best answer. Write only the letter of your choice.
1. When the examiner’s work involves some form of handwriting
problem, it means that
a. he is already performing handwriting identification
b. he is examining the handwriting of a person
c. he is identifying the author of the handwriting
d. all of the above
2. Which one is an example of a questioned document?
a. graffiti
b. anonymous letter
c. wills and testaments
d. both b & c
e. all of these
3. Instruments whose origin are known and proven; which are
used in comparison with a questioned document.
a. Simulated documents c.Standard
documents
b. Falsified documents d. Forged
documents
4. These are condensed form of authenticated specimen the
origin of which is known, can be proven and can be legally
used in comparing other questioned document materials.
a. exemplar
b. standard document
c. holograph document
d. questioned document
5. Refers to authenticated documents which are executed in the
ordinary course of man’s personal, business, commercial
activities, found in the records or files.
a. requested standard
b. post litem motam standard
c. collected/procured
d. done in day to day standard
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REFERENCES
Books
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Links
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