Professional Documents
Culture Documents
Questioned Document - Lectures
Questioned Document - Lectures
Questioned Document:
One in which the facts appearing therein are not true, and are
contested either in whole or in part with respect to its
authenticity, identity, or origin. It may be a deed, contract, will,
election ballots, marriage contract, checks, visas, application form,
certificates, etc.
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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 three witnesses
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 or substituted pages
5. Documents on issues of their age or date.
6. 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
8. Genuine documents erroneously or fraudulently altered or disputed.
Document:
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 Documents:
Under the Philippine Law, the following are the four kinds of
documents:
Note:
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falsified prior thereto, falsification of a public document is
committed.
Standard Document:
1. Handwriting examination
a. examination of signatures and initials
b. examination of anonymous letters
c. hand printing examination
2. Typewriting examination
3. Examination of inks
4. Erasures, alterations or obliterations, etc.
5. Counterfeiting
DOCUMENT EXAMINATION
Objectives:
Importance/Significance:
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b. In some crimes, such as forgery, the document is an
integral part of the crime.
Purposes:
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back or side? For example a document could have been signed in a
moving automobile or while having a drink at the bar.
Definition of Terms:
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Terminology Concerning Stroke characteristics:
Body – the main portion of the letter, minus the initial of stroke.
Terminal strokes and the diacritic of any. Example: the oval of the
letter “O” is the body, minus the downward stroke and the loop.
Diacritic – “t” crossing and dots of the letters “I” and “j”. The
matters of the Indian script are also known as diacritic signs. An
element added to complete a certain letter, either a cross bar or a
dot.
Foot – the lower parts which rest on the base line. The small letter
“m” has three feet, and the small letter “n” has two feet.
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Hook – it is a minute curve or an ankle which often occurs at the
end of the terminal strokes. It is also sometimes occur at the
beginning of an initial stroke. The terminal curves of the letters
“a”, “d”, “n”, “m’, “p”, “u’, are the hook. In small letter “w” the
initial curve is the hook. The minute involuntary talon like
formation found at the commencement of an initial up stroke or the
end terminal stroke.
Hump – upper portion of its letter “m”, “n”, “h”, “k”. The rounded
outside of the top of the bend stroke or curve in small letter.
Knob – the extra deposit of ink in the initial and terminal stroke
due to the slow withdrawal of the pen from the paper. (usually
applicable to fountain pen)
Loop – an oblong curve such as found on the small letters “f”, “go”,
“l” and letters stroke “f” has two. A loop maybe blind or open. A
blind loop is usually the result of the ink having filled the open
space.
Oval – the portion of the letter which is oval in shape. The small
letter stroke “a” , “d” , “g” , and “q” contain oval letter “a” ,
“t” while coming down……….
Pen Scope – Represents the reach of the hand with the wrist at rest.
It is the average scope or limits of the pen during the process of
writing with the wrist of the hand at still.
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Shoulder – outside portion of the top curve, small letter “m” has
three shoulders and the small letter “n” has two, the small letter
“h” has one shoulder.
Staff – Any major long downward stroke of a letter that is the long
downward stroke of the letter “b”, “g”.
Stem or Shank – the upright long downward stroke that is the trunk
or stalk, normally seen in capital letters.
Tick/ Hitch – any short stroke, which is usually at the top of the
letters.
Kinds of Characteristics:
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Line quality – is the overall character of the inks lines from the
beginning to the ending strokes.
Two classes:
a. Good line quality
b. poor line quality
Proportion or Ratio – is the relation between the tall and the short
letter is referred as to the ratio of writing.
Pen Pressure – the average force with which the pen contacts the
paper may be estimated from the examination of the writing. Pen
pressure as opposed to pen emphasis deals with the usual of average
force involved in the writing rather than the period increases.
Pen Emphasis – the act of intermittently forcing the pen against the
paper surfaces with increase pressure. When the pen point has
flexibility, this emphasis produces shading, but with more rigid
writing points heavy point emphasis can occur in writing with out
any evidence of shading.
Pen Pressure – the average force with which the pen contacts the
paper or the usual force involves in writing. This is one of the
most personal but somewhat hidden characteristics in writing.
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Slope/Slant – is the angle or inclination of the axis of the letters
relative to the baseline.
Three Classes:
a. Slant to the left
b. Slant to the right
c. Vertical slant
Speed of Writing – not every one writer as the same rate so that
consideration of the speed of writing may be a significant
identifying element. Writing speed cannot be measured precisely form
the finished handwriting but can be interpose in broad terms of slow,
moderates, or rapid.
Handwriting:
Hence as each writer has his own way of holding his hand,
manipulating the pen, and exerting pressure, the same pen in
different hands will produce entirely different strokes.
This center near the motor area of the cortex responsible for
the finger movement involved in handwriting. The importance of this
center is that when it becomes diseased as in a graphic, one loses
the ability to write although he could still grasp a fountain pen,
ball pen or pencil.
Thus the ability or power to hold a fountain pen or pencil to
from symbols and words can be said to emanate from its cortical
center.
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The hands contain two kinds of muscles which function is in
the act of writing. A group of extensor muscles push up the pen to
form the upward strokes and ease the tension produced as a result of
flaxen by a group of muscle called the flexor muscles which push the
pen to from the downward strokes.
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the capital letters are some of the writing where this movement is
being employed.
Kinds of Writing:
Development of Writing:
Handwriting Problems:
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5. An uncontested signature, in fact, genuine but written by an
unknown person whose name must be deciphered by the document
examiner.
Writing Habits:
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similarities exist only in letters which are normal in form, the
fact bears no significance.
3. The likeness in form maybe general and simply indicate the class
or genus or the difference that does not differentiate maybe nearly
superficial.
Stroke:
3. Speed – whether the movement has been rapid or slow and whether
the space has been steady or variable.
Motor Coordination:
Rhythm in Handwriting:
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Rhythm is a succession of connected, uniform strokes working
in full coordination. Manifested by clear-cut accentuated strokes
which increase and decrease in which like perfect cones. Pressure is
always in a state of change moving from light to heavy or from heavy
to light.
Lack of Rhythm:
Importance of Rhythm:
Letter of Connections:
STANDARDS OR EXEMPLARS
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2. Request Standards – are signature or other handwritings (or hand
printings) written by an individual upon request for the purpose of
comparison with other handwriting or for specimen purposes.
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2. Dictate the entries to be made on specimen checks as follows:
a. Date - same as shown on questioned check
b. Payee - do –
c. Amount - do –
d. Signature - do –
e. Endorsement - do –
f. Any other writing shown on questioned check.
g. Give subjects to help or suggestions in completing specimen
checks.
Miscellaneous:
1. Canceled checks.
2. Signature cards for savings, checking and charge accounts and
safe deposit boxes.
3. Signed receipts for telegrams, special delivery or registered
letters, express and store packages, etc.
4. Business and personal letters.
5. Credit applications and cards.
6. Signature on sales slips, on job orders slips, requisition slips,
and purchase slips.
7. Leases, mortgages, agreements, bills of sale, contracts, deeds,
notes stock certificates and transfers and other legal or business
documents.
8. Court records and affidavits, such as naturalization papers,
bankruptcy proceedings, divorce papers, probated wills and estate
files, powers of attorney, etc.
9. Passports, marriage application, license and affidavits.
10. Driver automobile chauffeur, and other types of licensee
applications.
11. Application for gas, electricity, water and telephone services.
12. Loan application and receipts.
13. Tax returns or affidavits.
14. Insurance and employment applications.
15. Records from currency exchanges, check cashing agencies and
pawnshop.
16. Time sheets, payroll, pay receipts and personal forms.
17. Barangay registrations, petitions.
18. Relief and unemployment and old age compensation records.
19. Signature for certain drug purchases, hotel registrations.
20. Church, club, professional society records.
21. Veteran records.
22. Fingerprint records.
23. School or university class records and cards.
24. Application for clearances like in the office of municipal and
city courts, city fiscals office, N.B.I. and other government and
private offices.
25. Application for firearms and licenses.
26. Application for commission and enlistments in the AFP and
foreign armed forces offices.
27. Application for export and import and dollar allocations
28. Identification cards.
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29. Application for right like water rights, copyrights, patents,
franchises, etc.
30. Application for civil service examination, board and bar
examinations.
31. Application for scholarships.
32. Residence certificate, class A and B, reservist data sheet.
33. Others.
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4. Signatures of physical impaired writer.
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- Included in this class of admissible standards are writings
voluntarily prepared by a party in the presence of an investigator,
these generally are known as requested writings.
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- standard signatures or writing must be those written five
years before or five years after the date of the questioned
signature or writing.
4. Condition under which both the questioned and the standard are
prepared.
a. Paper rested on the knee
b. Standing
c. Sitting
d. Lying down
e. Moving vehicle
- The document examiner must make a brief investigation into
the condition under which a document was written.
2. Use of about the same size as the questioned materials, type out
a full word copy of the message in question, typographical errors,
using nearly as possible the same degree of touch as that used in
typing the questioned materials.
4. Make certain that each specimen contain the make, model and
serial number of the typewriter from which it was produced as well
as the date and initials of the offices.
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6. If possible, after a typewritten exemplar is obtained from a
suspect typewriter, the investigator insures that the typewriter is
kept in its current condition. With evidence thus obtained from
typewritten documents the laboratory experts is in position to find
valuable assistance to the solution and subsequent prosecution of
many cases.
Kinds of Disguises:
HANDWRITING IDENTIFICATION
Principle of Identification:
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When any two specimens of handwritings 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 difference, it may be concluded that they are
similar in writing characteristics and therefore written by one and
the same person.
General Characteristics:
They might include an open top small letter “t” which occurs
in any rapid careless writings, proportion of all letters to medium
letters, slant connection and combination of letters.
Individual Characteristics:
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3. Muscular control or motor control – is characterized by free
smooth, well regulated movements produced without tension or
impulsive variation. Deviations from true motor or muscular control
are:
a. Loose writing – this is characterized by too much freedom
of movement and lack of regulation. This is noticed especially in
tall letters forms.
b. Restrained writing – there is a lack of freedom and
inhibited movements. It gives you the impression that every stroke
was made with great difficulty. This writing is small. There is
distortion of letter forms which may lead to illegibility. However
small writing is not always evidence of restrained movement fatigue
during long periods of writings. True full-arm movement can be
employed only under rather ideal conditions such as while sitting at
a clean table or desk.
6. Skill – legibility and symmetry are the basis upon which one’s
skill or pictorial aspect is judged. Skill is classified as poor,
medium, and good.
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and also permitting the forearm to rotate so that the palm may be
turned downward or upward.
10. Pen hold – this location of the shading can give clue to how the
fountain pen is held. If the pen is held pointing to the right
shoulder, shading appears fairly high or long the sides of circular
form. This is shown in small letter ‘d”. If the pen is held pointing
away from the right shoulder, shading tends to appear at the top and
the bottom of circular formation such as small letters “o”, “a”, and
“d”.
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c. Conspicuous certainly as to the location of the dots of small
letters “I”, “j”, or “t” crosses with just perceptible deviation
from the intended direction.
d. Frequent pauses by meaningless blobs, angles divided letters and
retouches.
e. Careful execution of detail of letters, toward the end or names.
f. Narrow writing.
g. No difference in emphasis in upstroke and down stroke.
h. Ornamental or flourishing connections.
i. Sinking lines.
Causes of Variations:
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d. Rare – special to the writer and perhaps found only in one or
two persons in a group of one hundred individuals.
Correct Conclusion:
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depends on any individuals who have developed the complex structural
product of modifying normal practice and adapting to the needs and
abilities. Although there is no specified approach, the following
are always observed:
1. Kinds of movement
a. Forearm
b. Whole arm
2. Quality of movement
a. Awkward, illiterate and uncertain.
b. Hesitating and painful due to weakness and illness.
c. Strong, heavy and forceful.
d. Nervous and irregular.
e. Smooth, flowing and rapid.
3. Speed
a. Slow and drawn
b. Deliberate
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c. Average
d. Rapid
HANDPRINTING
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b. a conscious mental effort and non-rhythmic execution
denoting either unfamiliarity with or disguise in the subjects
handwriting.
Definition of Signature:
Classes of Signature:
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c. Careless Scribble – Used for mail carrier, delivery of goods,
purchase of equipments and an autograph collector.
Step 4 - Examine the beginning and ending lines, they are very
significant, determine whether the appearance blunt, club-shaped,
tapered or vanishing.
Indication of Genuineness:
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a. Carelessness
b. Spontaneity
c. alteration of thick and thin strokes.
d. Speed
e. Simplification
f. Upright letters are interspersed with slanting letters
g. The upward strokes to a threadlike tracing.
h. Rhythm
i. Good line quality
j. Variation
3. Simple Forgery – forger does not try to copy a model but writes
with something resembling we ordinarily call a signature. For this
he uses a false name and makes a rapid stroke, disturbing his usual
writing by adopting a camouflage called disguise.
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Indication of Forgery – Simulated and Traced:
Papyrus – came into use about 3,500 B.C., people of Egypt, Palestine,
Syria, and Southern Europe used the pith (soft Spongy tissue of the
stem) of the sedge (grass like herb) CYPERUS PAPYRUS to make a
writing known as PAPYRUS.
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Cailun (Tsai Lun) – it is widely claimed that invention of paper is
generally attributed to a Chinese court official, CAI LUN (TSAI LUN),
in about 105 A.D.
- the first to succeed in making paper from vegetable fibers –
tree barks, rags, old fish nettings.
- the art of paper making was kept secret for 500 years; the
Japanese acquired it only in the 7th century A.D.
- in 751 A.D. the Arab city of Samarkand was attacked by
marauding Chinese and some Chinese taken as prisoners were skilled
in papermaking and were forced by the city Governor to build and
operate a paper mill and Samarkand soon became the papermaking
center of the Arab world.
- knowledge of papermaking traveled westward, spreading
throughout the Middle East, the Moorish invasion of Spain led to the
invention (1150 A.D.) or erection of the first European paper mill
at JATIVA, VALENCIA.
- knowledge of the technology spread quickly and by 16th
century, paper was manufactured throughout most of Europe.
Esparto – a grass grown in Libya, also in Spain and North Africa was
first introduced in England in 1861.
Oldest Manuscript – letters dated 874 A.D. have been found in Egypt
and the oldest manuscript in England on cotton paper dated 1890 A.D.
Watermarks:
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In determining the age of the paper by watermarks, it is
necessary to ascertain the owner of the watermark in question or its
manufacturer.
Discoloration:
Causes of Discoloration:
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A tool for writing or drawing with a colored fluid, such as
ink. The rise and spread of Christianity increased the demand for
permanent written religious documents. Pen came from the Latin word
“PENNA” meaning feather.
Quill Pens
It is a hollow, horny part of large feather usually from goose
and was used for writing on parchment. Poland, Germany, Russia, and
the Netherlands were the largest producers of quill.
Although quill pens can be made from the outer wing feathers
of any bird, those of goose, swan, crow and later turkey, were
preferred. The earliest reference (6th century A.D.) to quill pens
was made by the Spanish Theologian ST. ISIDORE OF SEVILLE, and this
tool was the principal writing implement for nearly 1300 years.
The first patented steel pen point was made by the English
engineer BRYAN DONKIN in 1803. The leading 19th century English pen
manufacturers were WILLIAM JOSEPH GILLOT, WILLIAM MITCHELL, and
JAMES STEPHEN PERRY.
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Reed Pen/ Swamp Pen
It came from especially selected water grasses found in Egypt,
Armenia and along the shores of the Persian Gulf, were prepared by
leaving them under dung heaps for several months.
It was the first writing tool that had, the writing end
slightly worn like a brush. About 2,000 years B.C., this reed pen
was first used in NEAR EAST on papyrus and later on parchment.
Early ball point pens did not write well; they tended to skip,
and the slow-drying oil-based ink smudged easily. However, the ball
point pen had several advantages over the fountain pen:
a. The ink was waterproof and almost inerasable;
b. The ball point pen could write on many kinds of surfaces
and could be hold in almost any position for writing; and
c. The pressure required to feed the ink was ideal for making
carbon copies.
Ink formulas were improved for smoother flow and faster drying,
and soon the ball point replaced the fountain pen as the universal
writing tool.
The first practical fiber tip pen was invented by YUKIO HORIE
of Japan in 1962. it was ideally suited to the strokes of Japanese
writing, which is traditionally done with a pointed ink brush.
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question as to whether the ink of some writings or of alterations in
a police blotter is identical with the ink found in the possession
of the suspect.
1. Indian Inks
The oldest form of Indian ink consisted of a suspension of
carbon black (soot or lampblack) in water to which glue or a
vegetable gum was added. Inks of this composition are still on the
market mostly in the shape of sticks or cakes. In modern carbon ink,
the glue or gum is replaced by a solution of shellac in borax or
ammonia. These inks are not affected by oxidants. It is practically
impossible to remove the last traces of the carbon from the paper
without causing damage to it.
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These inks are regarded as special fountain pen inks, and
consisting of ordinary iron gallotannate inks with a lower iron
content in most cases but with a higher dyestuff content than normal
inks. This type of ink is placed on the market under the name of
“blue-black permanent”. The iron content range from .7 Fe/I (e.g.
Parker Quink Permanent Blue) to 2.7 Fe/ I (e.g. Pelikan
Fullhaltertinte).
5. Dyestuff Inks
These inks are composed of aqueous solutions of synthetic
dyestuffs, to which a preservative and a flux are added. The writing
qualities of the ink are improved by addition of substances such as
glycerol, glucose or dextrin.
The dark blue and black inks are often composed of four or
more dyes because no black dyestuff of sufficient tinctorial
capacity is known.
6. Water Resistant Writing and Drawing Inks
These inks are special group of dyestuff inks. They consist of
a pigment paste and a solution of shellac made soluble in water by
means of borax, liquid ammonia or ammonium bicarbonate. Sometimes
the pigment suspension is combined with acid or basic dyestuff.
These inks are not much in demand because they are rather
expensive and because the material of many fountain pens is affected
by them. The best known of these inks are the Parker super chrome
inks which in the colors black, blue-black, blue, red and green.
Phthalocyanine dye is found in the blue super chrome inks. The super
chrome inks were already obtainable since 1950, which fact maybe of
importance for the determination of the age of a document.
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They are made with the acid of substances such as glycerol,
glycol, acetin or benzyl alcohol and water. Airline dyes are added
as coloring matter. For quick drying stamp pad inks, more volatile
organic solvents are used as acetone, ethanol, etc. As a vehicle,
dextrin, gum Arabic, or tennin is sometimes added. Through the
addition of tannin, the stamp impression becomes water resistant
after drying.
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The chemical examination of ink is indicated in the following
problems:
1. The chromatographic examination and separation of the dyestuff in
the ink.
2. The determination of the age of the ink.
Typewriter Defined:
Evolution of Typewriters:
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A much more efficient arrangement was devised in 1936 by
AUGUST DVORAK. The process of changing over the DVORAK seemed so
difficult that it was never even begun.
Typewriting Identification:
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Identification of Typewriter by the Defects of the Stroke:
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Horizontal Mal-adjustment – An alignment defect in which the
character prints to the right or left of its proper position.
Platen – The cylinder which serve as the backing of the paper and
which absorbs the blow from the typeface.
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lenses, microscopes and various kinds of measuring devices are used.
These instruments make it possible to study the following:
a. Slant – A study is made of each character to determine to
what extent if any, it leans either to the right or to the left.
b. Alignment – If a typewriter is in proper alignment each
character should strike in the center of an imaginary rectangle.
c. Footing – A letter may strike heavier either on the right,
on the left, on the top, or on the bottom.
d. Defects in the Typefaces – These may be brought about
either through mistreatment or as a result of ordinary wear and tear.
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