ENABLING LAWS ON

QUESTIONED DOCUMENT
EXAMINATION PRACTICES
• The pertinent provisions of the Rules of Court under Opinion
Rule considered as an exception to the general rule that the
opinion of a witness is not admissible (Sec. 48, Rule 130,
Rules of Court).
• It is generally required to practitioners on forensic evidence
examination that qualifications of an expert witness must be
complied with under the rules. Specifically, Sec. 49, Rule 130
of the Rules of Court provides, to wit:
 SEC. 49. OPINION OF EXPERT
WITNESS
 the opinion of a witness on a matter requiring special
knowledge, skill, experience or training which he is shown to
possess, may be received in evidence.”
 R.A 6506
• Said law, controls and regulates the practice of questioned
document examination under the criminology profession and is
regulated by a government agency, which is the Professional
Regulation Commission (PRC).
 SEC. 22. CRIMINOLOGIST
DEFINED
• A criminologist is any person who is a graduate of the Degree
of Criminology, who has passed the examination for
criminologists and is registered as such by the Board”.
 SEC. 23. PRACTICE OF
CRIMINOLOGY DEFINED.
 A person is deemed to be engaged in the practice of Criminology if he holds himself out to
the public in any of the following capacities:

Par. 2. As law enforcement administrator, executive adviser, consultant or agent in any

government or private agency:

Par. 3. As technician in dactyloscopy, ballistics, questioned document, police photography, lie

detection, forensic chemistry and other scientific aspects of crime detection:

Par. 5. As counselor, expert, adviser, researcher in any government or private agency on any
aspects of criminal research or project involving the causes of crime, juvenile delinquency,
treatment of offenders, police operations, law enforcement administration, scientific criminal
investigation or public welfare administration.
• On the other hand, criminologist from other countries upon call for
consultation for special projects related to criminology not requiring more
than 5 years residence in any 12 months period: provided, that such
criminologists are legally qualified to practice as such in their own state or
country. This provision of the law is provided under Section 13 of the
Republic Act 6506 on exemption of registration in the Professional
Regulatory Commission.

• While in other countries, practicing questioned document examiners are called

forensic document examiner depending upon to suitability of their respective
laws on practices of questioned document examination as part of legal and
judicial system.
 CATEGORY OF EXAMINATION
• PRELIMINARY EXAMINATION
 The preliminary examination is considered as initial examination.
it is a conduct of examination with limited findings and opinion and
subject to final examination. This is very common in the practices
of which initial understanding and idea of authenticity or falsity of
document can be partially determined.
• FINAL EXAMINATION
 The final examination contains definite examination findings and
opinion. It strictly observes no retraction or amendments of opinion
and being considered as absolute and complete. It likewise requires
laboratory examination in order to comply completeness of
examination, utmost possible understanding of the interested parties
for clarity and eradication of confusions.
• EX-PARTE EXAMINATION
The ex-parte examination is a conduct of examination by the
adverse party after examination of the examiners by the other party.
This commonly an expression as second party opinion. However,
prior to conduct of ex-parte examination, the counsel of requesting
adverse party must file motion for ex-parte examination in court
and with the court order of the said examination.
• REQUEST OF LITIGANTS
 The request for examination to questioned document examiners can be done directly by the
litigants in court cases. It might be the offended party, complainant, accused or respondent in
a criminal case, while plaintiff or defendants in civil cases.
They will simply manifest a letter of request to the questioned document examiners
requesting examination and identification of questioned documents for legal and other
purposes in the future. The litigants are parties involved in court cases who may receive
court verdicts either favorable or non-favorable decisions.
• ORDER OF QUASI-JUDICIAL BODY
 On the other hand, questioned document examination request may be received from quasi-
judicial body upon order during the proceedings of the case. This examination request
similar to court order upon request of any party litigant or counsel. It is understood that
questioned document examiners may appear upon receipt of subpoena for testimony and
eventually their findings may be a possible basis for the issuance of a decision in the case.
• INVESTIGATING BODY
 Investigation hearing is also one of the manners in the reception of questioned document
examination This is very common in the conduct of the preliminary investigation at the
prosecutor’s office involving forgery and falsification of documents to determine
probable cause or for the dismissal of the case against the respondents.
 Evidence involving questioned document examination is also utilized during clarificatory
hearings in order to arrive at constructive evidence prior to recommendation or resolutions
of cases towards filing and manifestation of the same before proper courts or quasi-judicial
bodies.
 RELEASES AND ISSUANCE OF
EXAMINATION FINDINGS AND
OPINION
• After finishing the conduct of examination, the result of examination
must be submitted to the requesting party through transmittal letter. It
should be transmitted to the addressee who requested the examination to
be duly received of which a copy must be signed by the recipient. This
will show that the finished products of the examination are duly turned
over to the requesting party for their intention and purposes.
 (SUBPOENA DUCES TECUM)
COURT ORDER
• Release and issuance of examination findings and opinion may be
submitted to the court either by subpoena duces tecum or court
order. This situation is applicable that the questioned document
examiner was not able to transmit the result of the examination and
findings as well as opinion for some valid reason. This kind of
reporting of examination findings and opinion is compelling and
obligatory for reason of judicial order.
 JUDICIAL AFFIDAVIT
• This release of examination findings and opinion will be verified by
a judicial affidavit executed by the examiner as affiant. Said judicial
affidavit will be in the form of a question and answer being attached
as part of the annexes for inclusion as possession papers during pre-
trial or trial of the case. This manifestation of examination report is
an exceptional one depending on the situation of the case
proceedings.
 VERIFIED OATH
• It is an execution of affidavit by questioned document examiner as affiant relative to the
examination he conducted as to truth of the matter based on his knowledge and ability.
• The written findings and opinion is verified by a judicial affidavit that the affiant (the
examiner) has read the contents of said written examination report findings and opinion, that
he caused the preparation thereof, and that the contents therein are true and correct of his
personal knowledge or based on authentic records.
• This is commonly required under 1997 Rules on Civil Procedures. Examination reports with
oath of verification can be included for markings of exhibits during pre-trial conference, and
eventually become evidence.
 FURNISHING COPIES TO OTHER
PARTIES UPON AUTHORITY
• Copies of examination findings may be furnished to other parties
upon consent or authority of the requesting party. Commonly,
adverse party can obtain copies of the examination report upon
submission to the court.
PROCEDURE ON QUESTIONED
DOCUMENT EXAMINATION
 CONSIDERATION OF SPECIMEN FOR
COMPARATIVE EXAMINATION
• For comparison of specimens to be examined, there must be a distinction
of specimen for comparison. This will involve the questioned
specimen as object of dispute, while the standard specimen will be
the sample of the object for comparison and identification whether
the questioned specimen is one and the same making or source of
reproduction. This must be given high emphasis in the conduct of
examination in order to guide the examiner for him to conduct a fair and
constructive examination towards the issuance of an appropriate opinion.
 CONSIDERATION OF STANDARD
SPECIMEN FOR COMPARISON
• Standard specimens for comparison to the questioned specimen are
considered as admitted or accepted without any contradiction of being
genuine or authentic. They may be procured by collection known as
collected standard or by request known as requested standard.
• Another term of standard is exemplar because of its authenticity by
admissibility and acceptance.
• In most instances, the best standard for comparative examination
with the questioned specimen is, if the making is contemporarily
executed particularly in a short span of moments either before or
after the execution
 CONSIDERATION OF SUPPLEMENTAL
STANDARD SPECIMEN
• Supplemental specimen is an additional specimen added for
comparative examination.
• It is implied that the more standard specimen for comparison with
this questioned specimen, the better. The additional specimen can
supplement for comparison in order to establish more basis to
determine the extent of examination as long as there is clarity of
image or features for identification.
 CONSIDERATION OF QUESTIONED
SPECIMEN OF COMPARISON
• Questioned specimens are objects of dispute whose controversies and
confusions are pending acceptance of the interested party.
• They are considered as unknown until being determined through
comparative examination with the standard specimen.
• It may be considered as document specimen in doubt while authenticity or
falsity is being scrutinized until findings and opinion will be established. It is
understood that issues on authenticity or falsity of questioned specimen
cannot be resolved until it is finally examined.
 EXAMINATION OF QUESTIONED SPECIMEN
WITHOUT COMPARISON TO OTHER
SPECIMEN
• There are instances that examination on questioned document does not
require comparison to a standard specimen.
• This is common if the document in question is a products of
erasures, alterations, interlineations, and substitutions or any
chemically or mechanically erased.
 CATEGORY OF DOCUMENT

• Standard Documents
• Questioned or Disputed Document
 STANDARD DOCUMENT
• These are sets of authentic specimens which either procured or
requested containing a true cross-section of the material from a
known source. They are used by the document examiner as the
basis for identification against the questioned document.
 QUESTIONED OR DISPUTED
DOCUMENTS
• A questioned document is a document in which some issue about its
authenticity or authorship has been raise or any of its properties is
under scrutiny. A disputed document suggests that there is any
argument or controversy over the document.
 SELECTING THE BEST
STANDARD FOR COMPARISON
• Standards of Comparison must be procured or obtained properly,
one which illustrates completely the author’s personal habits
and should be able to demonstrate the author’s habit in the
light of the handwriting which is in questioned. The main
objective of selecting best standards of comparison is to gain basis
for reliable and sound conclusion.
 CLASSES OF STANDARD FOR
COMPARISON

• Procured/ Collected Standard

• Requested Standard
• Typewriting/ Computer Prints Standard
 PROCURED/ COLLECTED
STANDARD

• These consists of writings executed daily in the course

of business, profession, social, and personal affairs
which may be gathered or collected for comparison with
the questioned document.
 REQUESTED STANDARD

• These are the handwritings which prepared upon the

request of the investigator for the sole purpose of
comparison with questioned document.
 TYPEWRITING/ COMPUTER PRINTS
STANDARD
• These are reference file containing all styles of type
faces, with the progressive changes therein of all the
brands of typewriter/computers and the approximate
date of manufacture, used the classification of type
writing/ computer prints material through comparison.
 BEST STANDARD FOR
COMPARISON
• Contemporaneous in date
• Same general class as the questioned writing
• Acceptability as standard
• Proof of authenticity
• Contemporaneous in date - the date of the standard collected must
not be far from the date of execution of the questioned document.
As a rule, include between certain dates covering the period of time
both before and after the date of writing in dispute.
• Same general class as the questioned writing - when the
questioned document was prepared in either script/block or cursive
style, the standard specimen gathered must be of the same class.
 ACCEPTABILITY AS STANDARDS
• The selection should be comprise of those writings and signature known to be genuine and
made under favorable conditions and in natural manner without design or unusual
variations of style and disguise .

Acceptability of standards also depends on the following conditions:

a. Physical conditions of a writer may affect the acceptability of standards. Handwritings

obtained during a period of great weakness would not be proper for exclusive comparison
with writing of a subsequent period written under normal conditions.

b. Requested writings serve as best standard of comparison although possibility of disguise

in writing may be present.
c. Selection and sources of standards must be appropriate in order to
consider acceptability as best standards of comparison.

d. There is no fixed rule as to the definite number of standards which may

be considered adequate or insufficient.

 At least seven (7) standards usually constitute sufficient numbers of

these standards in cases of signature identification.
 At least five (5) standards in cases of handwriting examination.
• Proof of Authenticity. The established rule is that writings or signature to be admitted as
standards must be proved to be genuine and cannot be admitted in evidence as a
comparison with the disputed matter if their genuineness is in doubt.

Proof of Authorship of standards is a responsibility of the investigator. The simple and

most satisfactory method of proving authorship is by:

a. Interrogation of the writer in question

b. Testimony of a witness who observed the art of writing
c. Circumstantial evidence with associates the subject unerringly with their execution.
 APPROPRAITE SOURCES OF
STANDARD
• Personal Documents • Motor Vehicle Documents
• Educational Documents • Military Records
• Vocational Documents • Governmental and Public Records
• Financial Documents • Criminal Documents
• Social Documents • Miscellaneous Documents
• Corporate Documents
1. Personal documents - include birth and baptismal certificates and records, family bible,
diaries, personal notebooks, telephone and correspondence listings, marriage documents,
greetings cards, postcards, hospital and medical records, prescriptions, rent receipts,
memoranda, etc.
2. Educational documents - high school and college admission examination papers,
written assignments, research projects, fraternity and sorority records and athletic entries.
3. Vocational Documents - application for employment, personal office papers, application
for professional and vocational licenses, public examinations, civil service papers, etc.
4. Financial documents - bank checks, contracts and related correspondence, insurance
documents, loan records, etc.
5. Social, recreational, fraternal documents - documents relating to clubs, civic
organizations, PTA associations, political groups, religious organizations, non-profit groups.
6. Corporate documents - documents relating to gas, telephone, electricity, etc.
7. Motor vehicle documents - application for registration, installment contracts on vehicle
purchases, licenses, reports of accidents, reports of loss or theft, orders for services.
8. Military records - records, tax exemption filing and loan, real estate, pension, medical.,
etc., related to military services.
9. Governmental and public records - veterans administration records, tax documents
relating to property, personal use, corporate revenues, civil suit documents, affidavits, power
of attorney, social security records, voting registrations, etc.
10. Criminal documents - arrest records, parole and probation reports, jail and
penitentiary records, complaints and reports to police departments, etc.

11. Miscellaneous documents - documents obtainable from friends,

associates, family and neighbors, delivery receipts, return receipts for
registered mail, express records and receipts, motel and hotel registration,
passports, purchase orders.