QUESTIONED DOCUMENT EXAMINATION

Introduction:

Societies evolved today into a world of documents. Whether one’s interest be

commercial, educational, government or legal, complains about existent and non-existent
of document.

The study of handwriting examination to obtain the truth in any disputed

document is now a necessity in all aspects of business and social activity. It has become
an indispensable tool in getting concrete and demonstrative physical facts to prove and/or
disprove allegations in document.

1. DOCUMENT – is any material which contains marks, symbols or signs either visible,
partially visible or invisible that may presently or ultimately convey a meaning or
message to someone.(Hilton:1956)

2. DOCUMENT – maybe defined as any matter expressed or described upon any

substance by means of letters, figures, or marks, or by more than one of such means,
intended to be used for the purpose of recording that matter.(20 Am. Jur., Sec.909)

3. The Supreme Court defines DOCUMENT as a deed, instrument or other authorized

paper by which something is proved, evidenced or set forth.(U.S. vs. Orera, 11Phil. 596;
Francisco, Criminal Evidence: 1947)

4. QUESTIONED DOCUMENT – it suggests that there is an argument or controversy

over the document.

5. QUESTIONED DOCUMENT EXAMINATION – it is the act of making a close and

critical study of any material. It includes microscopic, visual, photographic and ultra-
violet examinations.

TYPES OF QUESTIONED DOCUMENTS

The most common questioned documents are:

1. Documents with disputed signatures, such as checks, notes, receipts, contracts, wills,
deeds, agreements and similar instruments.

2. Documents with disputed handwriting, such as those in which the text is questioned for
identity.
3. Documents disputed on the question of their date or age.

4. Documents containing alleged fraudulent alterations or changes, such as changing the

date or adding figures, or altering any other part of the text.

5. Documents on the question of typewriting, such as ascertaining the source, or

determining the identity or differences of two or more typed documents.

6. Documents in question with genuine signature and fraudulent text.

THREE CLASSESS OF SIGNATURE:

1. The formal or complete signature

2. The informal or cursory signature
3. The careless scribble or abstract signature
FORGERY
1. Forgery - a legal term which involves not a non – genuine document but also an intent
on the part of its maker to defraud. Outside of the court room, however, it is used
synonymously with fraudulent signature or spurious document.

2. Kinds of Forgery:

a) Trace Forgery – the forger traces the outline of a genuine signature by some tracing
process.
Kinds of Tracing Process:
1. Carbon Process – forgery is done with the use of a carbon paper and the
forger traces over the genuine signature.

2. Indentation Process – this is done by tracing with sufficient pressure

over the authentic signature and tracing the depression on the forged document. This
process creates a signature with signs of reacting and pressure in writing.

3. Projection or Transmitted Light Process – forgery is done by putting the

genuine document on a glass surface under a strong light, the forger retraces /the general
outline on the forged document. This process creates poor line quality, stopping in unusal
places.

b) Simulated Forgery – this type refers to the act of simulation, copying, or imitation of a
genuine signature or writing.

The forger avails himself of am odel Signature which he places before him in Order to
copy the same. Oftentimes, the forger undertakes some practice before Proceeding to do
his work of simulation or imitation.

c) Simple Forgery – the forger will not attempt to produce a facsimile or exact outline of
a genuine signature but by merely signing in his own handwriting.

3. Some method used for illustrating traced forgery:

a) Actual measurement of the signatures to illustrate identity
b) Superimposition of the signature by transmitted light.
c) Taking photographs of the signatures and producing transparencies as to easily
superimpose one over the other:

4. Indications of forgery:
a. Hesitations and pen stops at unusual places.
b. Abrupt change of direction of lines showing uncertainty of movement.
c. Concealed or hidden joining.
d. Blunt initial and terminal stroke.
e. misplaced shadings.
f. Lack of variation of pen pressure
g. Defective line quality.
h. Unnecessary, careful patching, or retouching.
i. Tremors.
j. Presence of carbon, pencil, or Indented outline along the strokes of linked patterns.
Definitions:
1. Tremors – a writing weakness portrayed irregular shaky strokes.
2. Stroke – a series of lines or curves within a single letter.
3. Hesitation - is the irregular thickening which is produces when the writing slows down
or stops.
4. Pen Stop – is a temporary pause or halt in between writing strokes.
5. Line quality – refers to the appearance of a writing stroke.
6. Patching – retouching or going back over a defective portion of the writing stroke.

ALTERATIONS

1. Altered document – is one which contains some change either as an addition or

deletion.

Means or methods of alteration :

a) Deletion through erasures – the removal of writing, typewriting, or printing from a

document.

Two ways of erasure:

1. Mechanical erasure – rubbing off with a rubber eraser or scaping off with a sharp
instrument.
2. Chemical erasure - ink eradicator or other bleaching solutions.

b) Addition through interlineations or insertion – any matter made a part of the document
after its original preparation.
c) Obliteration – blotting out or smearing over of writing to make the original invisible or
undecipherable.
d) Substitution.
e) Superimposition.

2. How to detect mechanical erasure:

Indications:

a) Loosening or disturbance of paper fibers. This creates a feathering effect on the link.
b) Thinning out of the effected area resulting to transparency.

3. Principle in Alteration:

A change that appear on a document should not be readily considered fraudulent;

the alteration should be considered in a thorough, careful manner to be able to determine
what the reasonable inference is from all the facts. It is therefore, become necessary to
distinguish which is fraudulent from that which is genuine alteration.

“ An obvious, necessary change in a document often is evidence not of fraud but

of genuineness”.

ALTERATION WHICH SPEAKS THE TRUTH IS NOT FALSIFICATION:

The defendant, a priest of Aliaga, Nueva Ecija, was called on in the performance
of his duties to execute an affidavit. When asked to produce his personal cedula, it was
observed that the age therein had been altered, the figure “23” having been changed to
“25”. It appeared that defendant’s real age was 25. He was prosecuted for falsification of
his cedula, for altering the age appearing therein.
 Held: The defendant did not commit any crime in changing his age. He simply
made the cedula speak the truth. It was correction, not falsification. (US vs. Mateo, 25
Phil.234; Arriola vs. Republic, 103 Phil.730)

A delicate and partly concealed change may be very suspicious and therefore,
fraudulent.

Fraudulent changes naturally are made in a hidden manner and they may never be
discovered if special attention is not directed to this matter.

References:

Albert S. Osborn. Questioned Document

Problems, The discovery and Proof of the facts.
2nd Ed. Boyd Printing Co.
Albany, NY: 1946
Vicente J. Francisco. Criminal Evidence,
East Publishing. Manila, Phil:1947

BASIC DEFINITIONS

The examination of documents. Like most technical subjects, has developed a

specialized vocabulary. Many of the terms have been derived from related fields such as
penmanship, the typewriting and printing trades, and paper and ink manufacturing, but
others have come into existence In order to describe concisely something unique to
document examination.
This chapter is specially designed for such a ready reference.

General terms:

1. CHARACTERISTICS – these are property or mark which distinguishes, and in

document examination commonly refers to as identifying details.

2. CLASS CHARACTERISTICS – characteristics of a writing that are common to a

group of writers.

3. COMPARISON – it is the act of setting two or more items side by side to weigh their
identifying details.

4. CONCLUSION – a scientific conclusion results from relating observed facts by logical

and common sense reasoning.

5. DOCUMENT EXAMINER – one who studies scientifically the details and elements of
documents in order to identify their source or to discover other facts concerning them.

6. EXPERT WITNESS – this is the legal term used to describe a witness, who by reason
of his special technical training is permitted to express an opinion regarding the issue or a
certain aspect of the issue that is involved in a lawsuit. His purpose in court is to interpret
technical information in his particular specially in order to assist the court in
administering justice.

7. GRAPHOLOGY – the art of attempting to interpret the character or personality of an

individual from his handwriting.

8. INVIDUAL CHARACTERISTICS – characteristics which are highly personal or

peculiar and serve to distinguish one’s handwriting.
9. NATIONAL VARIATIONS – these are normal or usual deviations found between
repeated specimen of any individual’s handwriting.

10.OBLIQUE or SIDELIGHT EXAMINATION – an examination with the illumination

so controlled that is grazes or strikes the surface of the document from one side at a very
low angle.

11. QUALIFICATIONS –professional experience, education and ability of a document

examiner. Before he is permitted to testify as an expert witness, the court must rule that
he is qualified.

12. REFERENCE COLLECTION - materials compiled and organized by the document

examiner to assist him in answering special questions.

13. SAMPLE – a selected representative portion of a whole document.

14. STANDARDS – these are condensed and compact set of authentic specimen, which
if adequate and proper should contain a true cross-section of a writing from a known
source.

15. TRANSMITTED LIGHT EXAMINATION – in an examination of this kind, the

document is viewed with the illumination behind it and the light passing through the
paper.

Handwriting terminology:

16. BASELINE – the ruled or imaginary line upon which the writing rests.

17. CURSIVE WRITING – writing in which the letters for the most part are joined
together:

18. DISGUISED WRITING – the deliberate alteration of the usual writing habit in hope
of hiding his identity.

19. GUIDED SIGNATURE – a signature which is executed while the writter’s hand is
steadied in any way. Under the law of most jurisdiction, such a signature authenticates a
legal document, provided it shows that the writer requested the assistance.

20. HANDLETTERING – any disconnected style of handwriting in which each letter is

written separately.

21. HABIT – a writing habit is any repeated element or detail which may serve to
distinguish one;s handwriting.

22. PATCHING – retouching or going back over a defective portion of a writing stroke.

23. RETRACING – any stroke which goes back over another writing stroke. Inj natural
writing, there may be instances in which the pen doubles back over the same course.

24. SHADING – is a widening of the ink stroke due to added pressure on the writing
instrument.

25. SLANT – is the angle or inclination of the letters relative to the base line.

26. SPURIOUS SIGNATURE – a fraudulent signature in which there was no attempt at

simulation or limitation.
Alteration terminology:

27. ADDITION – any matter made a part of the document after it original preparation.

28. ALTERED DOCUMENT –is one which contains some change, either as an addition
or deletion.

29. DECIPHERMENT – the process of making out what is illegible or what has been
effaced.

30. ERASURE – the removal of writing, typewriting or printing from a document.

31. RESTORATION – it describes any process in which erased writing is developed or

brought out again on the document itself.

32. SECRET INK - materials used for writing which is not visible until treated by some
developing process or substance.

Reference:

Ordway Hilton. Scientific Examination of Questioned Documents, Callaghan and

Company, Chicago: 1956

HANDWRITING INVESTIGATION:

The initial considerations in every handwriting inquiry is to ensure that evidential

handwritings are preserved in precisely the same condition in which it was originally
received for investigation.

1. What are the procedures to be followed in preserving evidential handwriting?

1.1 Specifically do not fold, staple, perforate, impress rubber or metal stamps
upon, attach labels or stickers, mark or otherwise alter an evidential handwritings. Do
place small inconspicuous initials and dates in areas where they do not conflict with the
original writings.
1.2 Do not carry evidential documents carelessly in your wallet, notebook, or
brief case.
1.3 make certain that the handwritings are photographed and scaled prior to the
application of any chemicals.

2. What are best sources of authentic standards which can be admissible as evidence?
2.1 Public records such as marriage licenses, driver’s license, car registrations,
signatures at the Board of Election, and tax papers.

2.2 Bank records such as signature cards, ledgers or loan applications.

2.3 Identification cards such as social security cards, hospitalization cards and
other membership cards.

2.4 Signatures on legal documents such as leases, deeds of sale, contracts or

promissory notes.

2.5 Handwriting samples taken by a handwriting expert in the presence of at least

one witness or taken in court.
3. What are the Two(2) Classes of Standards for Comparison?

3.1 Procured or collected Standards – those writings which were prepared in the
normal routine course of business or personal affairs.

3.2 Requested or dictated Standards – those writings which were executed or

prepared in the presence of the examiner and at his request.

4. What are the Principles in Choosing Standards?

4.1 The best standards for comparison are those of the same general class as the
questioned writing.

4.2 The established rule is that writings or signature to be admitted as standards

must proved to be genuine.

4.3 The selection should comprise those writings or signatures may under
favorable conditions and in natural manner.

4.4 Standards for comparison should be the signatures available and best suited.

5. Number of Standards:

Number of standards depend on the quality of writing in dispute. It is always ideal to

have more than three (3) standards to clearly show differences or similarities between a
disputed writing and standards.
In cases where the number of standards are limited, less than three(3) will suffice if these
show forceful enough number of similar or dissimilar characteristics to warrant or sustain
a conclusion.

References:

Hanna F. Sulner; Disputed Documents, New Methods for Examining Questioned

Documents. Oceana Puyblivations, Inc. Dobbs Ferry,NY: 1966

Truth Verifier Systems Inc., Forgery Detection., Manila Philippines.

PHASES OF HANDWRITING INVESTIGATION

The document Examiner usually observes a scientific approach in examining a disputed

writing. Although there is no specific approach, the following are always observed:

A. Recognition of Handwriting Characteristics;

B. Comparison of Handwriting Characteristics;
c. Evaluation of Handwriting Characteristics for Opinion Purposes.

1. Recognition/Identification of Handwriting Characteristics:

Following characteristics of the Questioned Writing and Standards that must be
considered:

1.1 Class Characteristics – characteristics that are common to a group of writers.

1.2 Individual Characteristics – characteristics that are highly personal or peculiar
and serve to distinguish one’s handwriting.
What are the Class Characteristics of a writing?

1.1.1 the line quality;

1.1.2 slant of letters;
1.1.3 alignment to the base line
1.1.4 proportion of the capital letters to the small letters.

These are some of the class characteristics that a forger labors to imitate a
signature. And, maybe very easy to copy.

However, there are minute details of a signature that a forger cannot imitate or
simulate, and these are what we call individual characteristics.

What are those strokes that are said to contain individual characteristics?

1.2.1 Flying Initial stroke – a sharp pointed beginning stroke which can be made
when the writing instrument is in motion before it touches the paper.

1.2.2 Blunt initial stroke – appears as a square beginning stroke. This can be made
when the writing instrument is placed on the surface of the paper before it is moved.

1.2.3 Flying terminal stroke – a sharp pointed ending stroke. Which can be
produced when the writing instrument is still in motion before it is lifted from the surface
of the paper.

1.2.4 Blunt Terminal stroke – a square ending stroke which can be produced when
the writing instrument is placed into a stop before it is lifted.

1.2.5 Eyelet – A minute and rudimentary loop frequently found at the closing
point of small “o”.

1.2.6 Loop – forms similar to the upper portion of the small letter “l”. (Loops
maybe open – in the conventional manner; or blind – when made so narrow that the
inside space becomes filled with ink.)

1.2.7 Spur – short horizontal terminal stroke. ( As used in conventional small b, f,

v, and w.)

1.2.8 Humps – rounded curves of letters h, m, n.

1.2.9 Arch – any arcade form in the body of a letter.

1.2.10 Hiatus – failure to complete the junction between two letters without lifting
the pen.

1.2.11 Diacritical marks – are symbols added to complete certain letters such as
(“I”-dot or “t” – crossing.

2. Comparison of Handwriting Characteristics:

When the class and individual characteristics hav been identified, the second phase is the
comparison of these characteristics.

2.1 Objective of comparison of handwriting characteristics:

2.1.1 To illustrate fairly and completely, the author’s personal habit in the
creation of such handwriting.
2.2 Comparison (as what have been discussed before ) – is the act of setting two or more
items side by side to weigh their identifying details.

However, following considerations must be observed:

The Theoretical and Practical Considerations.

2.2.1 Theoretical Consideration:

Most of the proponents or advocates of document examination observed the principle the
“human beings never function with regularity and precision of machines, which is why
variation will be a characteristics of every specimen of every handwriting.

It therefore follows, that because two specimens of handwriting, even when written by
one person can never be pelican.

2.2.2 Practical Consideration:

The standards and the questioned writings should be read, re-read and studied until the
examiner is so familiar with the appearance that he is able to interpret any characteristics
that may appear.

Proof of standards is a must. Origin, source and authorship of the standards of

comparison must be determined first.
Otherwise, it may be injected with suspicious writings which will lead to commit errors
in the process of comparison.

3. Evaluation of Handwriting Characteristics:

After identifying the different characteristics and comparing them, the third and final
phase is evaluating the number of similarities or differences.

3.1 Positive Evaluation:

When the number of significant similarities that exists between the disputed writings and
standards show singularity of genuineness, the conclusion is that the disputed and the
standards were written by one and the same person.

Sample questioned document report:

FINDINGS:
Comparative examination and analysis of the questioned and submitted handwritings of
Demetrio Tamani reveals significant similarities I movement, slant, proportion and stroke
structures and other individual handwriting characteristics.

CONCLUSION:
The questioned signature of Demetrio Tamani marked “Q” appearing in the above-
mentioned document and the submitted standards of Demetrio Tamani marked “S-I” to
“S12” inclusive, were written by one and the same person.

3.2 Negative Evaluation:

When the weight of the divergence characteristics that exists between the disputed
writing and the standards show significant differences, and these differences
fundamentally differ from the genuine variations, the conclusion is that the disputed
writings were written by two different persons.
Sample questioned document report::

FINDINGS;
Comparative examination and analysis of the questioned and the standard signatures
reveals significant divergences in the manner of execution, skill, line quality and other
individual handwriting characteristics.

CONCLUSION:
The questioned signatures Leticia F. De Mesa marked “Q-1”, “Q-2” and “Q-3” and the
standard signatures of Leticia De Mesa marked “S-1” to “S-18” inclusive, were written
by two different persons.

References:
Albert S. Osborn, Dsc. Questioned Document Problems: The Discovery and Proof of the
facts, 2nd Ed. Boyd Printing Company,
Albany, New York: 1946.

Truth Verifier Systems, Inc. Forgery Detection: Manila Phil.

Lectures/pamphlets from PNP-Crime Lab, Camp Crame, QC