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Qd Powerpoint

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amigotah2k25
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You are on page 1/ 164

PSMS Earl Paul Armas

Forensic Unit
Questioned Document Timeline
1609
– treatise on systematic document examination was
published by Francis Demelle of France
1810
– 1st recorded used of Q.D. analysis occurred in
Germany. A chemical test for a particular ink dye was
applied to a document known as KoniginHanschritt
1882
– Gilbert Thompson, railroad builder
with the US Geographical Survey on
Mexico, put his own thumbprint on
wage chits to safeguard himself from
forgeries.
Alfred Dreyfus
1894

- French army officer


which sentence to life in
prison in because of
wrongful judgment
based on questioned
document examination.
State vs. hauptman
“Lindbergh Baby
Case”
. In which Osborne
proved in court as an
expert that the accused
Bruno Richard
Hauptmann had written
all the ransom notes
sent. (1935)
Charles Chadbot

Made the first book in


English to assert that
there was a science of
handwriting identification
Dr. Wilson Harrison

▪Police investigator can


detect almost 75% of all
forgeries by careful
inspection of a document
with simple magnifiers and
measuring tools
DOCUMENT
▪Any instrument that contains a mark, symbol, or
sign, either visible or partially visible or invisible
that may presently convey meaning or a message
to someone

•Latin word “documentum”, means “lesson,

•French word “docere”, means to teach.


LEGAL BASIS OF DOCUMENTS

•(People vs. Moreno) CA, 338 O.G. 119: any written


document by which a right is established or an obligation
is extinguished.

•(People vs. Nillosquin) CA, 48 O.G. 4453: every deed


or instrument executed by person by which some
disposition or agreement is proved, evidenced.

•under the Best Evidence rule: any physical embodiment


of information or ideas; e.g. a letter, a contract, a receipt, a
book of account, a blur print, or an Xray plate (Black‟s
Law Dictionary).
WRITING WHICH DO NOT CONSTITUTE
DOCUMENTS
❖A draft of a Municipal payroll which is not yet
approved by the proper authority (People vs.
Camacho, 44 Phil. 484)

❖Mere blank form of official documents, the spaces


of which are not filled up (People vs. Santiago,
CA, 48 O.G. 4558).

❖Pamphlets or books which do not evidence any


disposition or agreement are not documents but are
mere merchandise (People vs. Agnis, 47 Phil.
945).
CATEGORIES OF DOCUMENT

Questioned Document
– document to which an issue has been raised or
which is under scrutiny. The focal point of the
examination and to which the document
examiner relies as to the extend of the problem.
Also referred as “Disputed Document”
Standard Document
– document which the origin is known and can be
proven and can be legally be used as sample to
compare with other things is questioned
TYPE OF STANDARD DOCUMENT

Collected/Procured
– standard specimen executed in the regular
course of man’s activity or that which are
executed on the day to day writing activity.
Requested/Dictated
– “post litel motam” a standard document which are
executed upon request, they are prepare at one
time.
COMPARISON
act of setting two or more items side by side
to weigh their identifying details.

COLLATION
critical comparison or side by side
examination
Phases of Questioned Document Examination

SOLUTI
ON
EVALUATION

COMPARISON

ANALYSIS

COLLECTION

QD CASE
LEGAL CLASSIFICATION OF
DOCUMENT
Public
- any instrument notarized by a notary public or
competent public official with the solemnities
required by law.
• Civil service examination papers
• Official receipt required by the government to
be issued upon receipt of money for public
purposes
• Residence certificate
• Driver’s license
Official
- any instrument issued by the government
or its agents or officers having authority to
do so and the offices, which in
accordance with their creation, they are
authorized to issue.

• Register of attorneys officially kept by the


Clerk of the Supreme Court in which it is
inscribed the name of each attorney
admitted to the practice of law
•Public document is broader than the
term official document. Before a
document may be considered official, it
must first be public document.

•To become an official document, there


must be a law which requires a public
officer to issue or to render such
document.
Private
– every deed or instrument by a private
person without the intervention of the
notary public or of any other person
legally authorized, by which document
some disposition or agreement is proved,
evidenced or set forth.
2 types of Last Will and
Testament

Holographic Will
– entirely written by the testator.
Notarian Will
– signed by the testator acknowledged
before the notary public with
witnesses.
Commercial

- any instrument executed in


accordance with the Code of
Commerce of any mercantile law
containing disposition of commercial
rights or obligations.
Electronic Document

– information, data, figures,


symbols or other modes of
written expression, described
or however represented
which is received, recorded,
transmitted, stored,
processed, retrieved or
produced electronically.
Ancient Document

– A document that is more than 30 years


kept in a place where it is normally To
be found it genuine and not
embellished by any alteration.
CLASSIFICATION OF
QUESTIONED DOCUMENT
➢ Document with questioned signature
➢ Document containing fraudulent alteration
➢ Holographic document – a document
completely written and signed by one person
➢ Document questioned as to the material used in
their production
➢ Documents involving typewriting
➢ Document questioned as to their date or age
➢ Document which may identify a person
through handwriting
➢ Genuine document erroneously or
fraudulently attacked/disputed
➢ Document containing printing or type prints
Areas in Questioned Document
Examination
•Questioned Document Examiner
a document examiner analyzes any questioned
document and is capable of more than just questions
of authorship, limited only by their access to
laboratory equipment.
•Historical Dating
involves the verification of age and worth of a
document.
•Fraud Investigator
focuses on the money trail and criminal intent
•Paper and Ink Specialist
examine date, type, source and/or
catalogue various types of paper, watermarks,
ink, printing/copy/fax machines, computer
cartridges, etc., using chemical methods.
•Forgery Specialist
analyze altered, obliterated, changed, or
doctored documents and photos using
infrared lightning, expensive spectrograph
equipment, or digital enhancement
techniques.
•Handwriting Analyst
psychology expert who assesses
personality trait from handwriting samples,
•Typewriting Analyst
expert on the origin, make and model
used in typewritten material.
•Computer Crime Investigator
an emerging group that relates to QDE
through some common investigative and
testimonial procedures.
IMPORTANT TERMS TO
REMEMBER
▪SYSTEM OF WRITING
combination of basic shape
& design of letter as taught
in school.
▪COPY BOOK FORM
basic design of letter that is
fundamental to the writing
system
▪WRITING MOVEMENT
factors relative to the motion of the
pen
▪SLANT
degree of writing inclination relative
to the baseline
▪BASELINE
imaginary or straight line in which
the writing rest
▪WRITING
visible result of a very complicated series of
acts, being as a whole or a combination of
certain forms which are very visible result of
mental and muscular habits acquired by
long continued painstaking effort
▪HANDWRITING
visible effect of bodily movement which is an
almost unconscious expression of certain
ideas associated with script form.
CUNEIFORM
▪System of writing first
developed by the
ancient Sumerians of
Mesopotamia c. 3500-
3000 BCE.
▪Is the earliest writing
system in the world.
PAPYRUS
▪A thick precursor to
modern paper made
from the pith of the
papyrus plant, Cyperus
papyrus.
▪Papyrus is 1st known
to have been used
in ancient Egypt
WRITING HABITS
repeated elements of one
handwriting which serve as an
identifying characteristics.
SIGNIFICANT WRITING HABITS
elements of one’s writing that are
sufficiently unique and well fixed to
serve as a strong basis of individuality.
TYPES OF HANDWRITING

CURSIVE WRITING
writing which letter joined together
HAND LETTERING
disconnected writing
NATURAL WRITING
executed normally and without any
attempt to alter it usual writing habit.
DISGUISED WRITING
with an attempt of changing its
usual writing habits in the hope of hiding
one’s identity.

GUIDED/ASSISTED
executed while the writers hand is
at steadied.
SIGNATURE
name of person by himself on a
document as a sign of acknowledgement.
MODEL SIGNATURE
genuine signature which has been used
in preparing a simulated or traced forgery.
EVIDENTIAL SIGNATURE
executed in particular date, time and
place under a particular writer’s condition
and for particular purpose.
Digital Signature
Electronic signature consisting of a
transformation of an electronic
document or an electronic data
message using an asymmetric or
public cryptosystem such as that a
person having the initial untransformed
electric document and the signer’s
public key can accurately determine.
Electronic Signature

refers to any distinctive mark,


characteristics and/or sound in
electronic form, representing the
identity of a person attached to
electronic document or data message
with intention of authenticating,
signing or approving an it.
Types of Signatures

Highly individualize signature


•A type of signature which is not readable
•Characterized by a series of intertwining
stroke, ornamentation and flourishes.

Conventional or ordinary copy-book from


signature
•A signature which is readable
Board Question
What type of signature is used for
signing mail, receipts and other
documents?
a. Formal
b. Careless scribble
c. Informal
d. Cursory
FORMAL/ COMPLETE
Signing important documents or papers

INFORMAL/CURSORY
– usually use for signing daily affair, primarily of
routine nature

CARELESS SCRIBBLE
– used for signing receipts, mail and other
documents
Board Question
An act of falsifying or counterfeiting any
treasure or bank note, paper bills or any
documents payable to bearer?

a. Forgery
b. Perjury
c. False testimony
d. Falsification of document
HOW FOREGERY IS COMMITTED?
Art.169 RPC?
1. By giving to a treasury or bank note or
any instrument payable to bearer or to
order mentioned therein, the
appearance of a true and genuine
document
2. By erasing, substituting or counterfeiting
or altering by any means the figures,
letters, words or sign contained therein.
Payable to bearer means payable to the
holder or presenter.

•A person holding instruments such as


checks, promissory notes, bank drafts, or
bonds is a bearer.

•When an instrument is payable to bearer,


it means whoever holds the instrument
can receive the funds due on it.
KINDS OF FORGERY
SIMPLE
- no attempt has been made to make a
copy of facsimile of the genuine writing.
SIMULATED
- forged signature written in free hand.
(Most skilful)
TRACED
- made by some tracing process or outline
form.
Kinds of Tracing Method
•Carbon Process
- carbon paper is interlined between the
genuine signature and the document intended to be
forged or placed at the top
•Indention Process
- intended or canal like outline of the genuine
signature. Tracing with considerable pressure the
outline of the signature with a sharp pointed
instrument.
•Transmitted light Process
- strong light directed through the two sheets
of paper either from below or behind.
Elements of
Forms of Writing
ARC rounded inner part
of an upper curve, bend
or crook.
BEARD introductory up
and down strokes found
in some capital letters.
“Double hitch”
BLUNT abrupt beginning/
end at which the pen does
not creates a diminishing
strokes.

BUCKLE KNOT horizontal


or loop strokes used to
complete letter A,H,F @ D.

CENTRAL PART body of


the letter. Characterized by
a small rounded or circular
strokes.
DUCTUS LINK “DUCTUS
BROKEN”
connection between
letters, either joined or
disconnected
EYELET/EYELOOP
small oblong strokes
HITCH
introductory backward
strokes found in most
capital letters and in some
small letters
HUMPS
outer portion of an
upper curved bent or crook.

KNOB
tiny pool of an ink at the
beginning or ending strokes

STEM/SHANK/STAFF
backbone of the letter
characterized by a long
downward strokes
INITIAL
STROKE/TERMINAL
SPUR
long running initial or
terminal strokes

THROUGH
any garland form of letter
strokes

WHIRL
long upward strokes
usually found opposite the stem
EMBELLISHMENT
added strokes that serves as an
ornamental or flourish to the design of the
letter.
DIACRITIC
strokes added to complete certain letter.
They are necessary to the legibility of letters.
LINE QUALITY
visible records in the written strokes of
the basic movement and manner of holding
instrument.
Types of Movement
1. Finger
– used by beginner
2. Hand
– wrist serves a point of pivotal and
of limited freedom
3. Forearm
– most skilful
4. Whole Arm
– used for ornamental or large
writin
ELEMENTS OF WRITING
MOVEMENT
Pen Position
relative location of the pen in relation to
the paper surface.
Pen Scope
represent the reach of the hand with the
wrist at rest.
Rhythm
the harmonious or balance recurrences of
strokes or impulses.
SKILLS
degree of writer’s proficiency in writing.

SHADING
increase in the width of the letter
strokes

PEN EMPHASIS
act of intermittently forcing the pen
against the paper surface with increase in
speed
PEN PRESSURE
average or usual pressure/force applied in
the writing.

HESITATION
widening of the ink strokes when the
writers slow down or stop in certain position.

PEN LIFT
interruption of strokes by sudden removal
of the writing instrument from the paper
HIATUS
gap between strokes w/o lifting the
pen
RETRACING
strokes which goes back over
another writing strokes.
PATCHING/ RETOUCHING
strokes which goes back over a
defective portion of the strokes to repair
an error
IDENTIFICATION OF FORGERY

✓ Hesitation and pen stops at unusual places


✓ Abrupt change in direction of strokes,
showing uncertainty of movements
✓ Concealed joining or carefully made
✓ patching or retouching
✓ Blunt initial and/or terminal strokes
✓ Lack of difference in pressure on up and
down strokes
✓ Misplaced shading or shading in more than
one direction caused by a false part.
✓ Defective line quality
✓ Slow, broken, strokes, or wavy lines
(Tremors)
✓ Unnatural pen lifting
✓ Presence of carbon, pencil or indented
outlines along the strokes
Factors that affect Writing Characteristics
Natural Variations
normal deviation found in a repeated specimen of an
individual’s handwriting or in the product of typewriter.

Transitory Change
those changes that continue to exist while the basic
course of deterioration is still affecting the writer, once
such cause has been removed from the writer, the
writing will reverts in its normal form.
Tremor
weakening of the stroke characterized
by wavering or shaky strokes. (tremor of
fraud and genuine tremor)
Writing condition
all factors affecting the over all quality
of writing such as writer’s condition
under which the writers was prepared.
Writing instrument
Ball point pen, Fountain Pen, Fiber Pen
etc.
Ballpoint “John Loud”

▪ It usually leaves
rounded line showing
no tip separation
even when pressed
heavily.
Fountain Pen “Lewis
Waterman”
▪Contains an internal
reservoir of liquid ink.
▪ The pen draws ink
from the reservoir
through a feed to the
nib and deposits it on
paper via a combination
of gravity and capillary
action.
Pencil
- A writing implement or art
medium constructed of a
narrow, solid pigment core
inside a protective casing
which prevents the core
from being broken or
leaving marks on the user’s
hand during use.
▪“Conrad Gessner”
Steel Pen

▪There is
unevenness
in the flow of
ink and leaves
a scratchy
appearance
COMPOSITION AND CHARACTERISTICS OF INKS
•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.
•Log wood Inks
- They were made from an aqueous extract of
logwood chips and potassium chromate.
•Iron Gallotanate Inks
- Formerly it was made of a fermented infusion of gall
nuts to which iron salts were added.
Miscellaneous Document Problem

Altered Document
- any form of changes either addition or
deletion to an original content of
document

Decipherment of Erased Writing


– Mechanical/Chemical erasures
Decipherment of
Obliterated Writing

▪Obliteration is the
process of smearing
over an original writing
to make it illegible.
▪Done with the used of
superimposing ink.
▪INFRARED LIGHT
Other use of Infrared Light
1. Show gunpowder stains
2. Deciphering altered or faded writings
due to aged
3. Restoration of Writing in charred
documents
4. Decipherment of obliterated writing
5. Differentiate paints or pigment
6. Record subject in total darkness
7. Addition, interlineations or insertion
Invisible Writing

– writing that has no


visible ink strokes made
by sympathetic ink such
as acids, juice and
others.
✓detection can be by
heat, water chemical
fuming or by ultra violet
light process.
Decipherment of Contact
Writing
– partially visible ink
strokes cause by sudden
contact of paper with
another paper containing
fresh ink.
▪Enhance through fuming
or ultra violet light
process.
MICROSCOPIC
EXAMINATION

- Any examination or
study which is made
with the microscope in
order to discover minute
physical details.
➢Photomicrography
Taking a magnified photograph of small object
through attaching a camera to the ocular of a
compound microscope so as to show a minute details
of the physical evidence.
➢Photomacrogaphy
Taking a magnified (enlarged) photograph of small
object by attaching an extended tube lens (macro lens)
to the camera.
➢Micro-photography
- The production of photographs in which the
image of an objects is reproduced much smaller than it
actually is.
OBLIQUE LIGHT EXAMINATION

- with the illumination so


controlled that it grazes or strikes
the surface of the document from
one side at a very low angle.
Decipherment of faded
handwriting, determination of
outlines in traced forgery,
embossed impressions, etc. are
subjected to this type of
examination.
CARE, HANDLING AND PRESERVATION
OF DOCUMENTS
▪Keep documents unfolded in protective
envelope
▪Take disputed papers to the document
examiners laboratory at the first opportunity.
▪If storage is necessary, keep the document
in a dry place away from excessive heat
and strong light.
DON’T’S
1. Do not handle disputed papers excessively
or carry them in a pocket for a long period of
time.
2. Do not mark.
3. Do not mutilate or damage by repeated
folding, creasing, cutting, tearing or punching
or filing purposes
4. Do not allow anyone except qualified
specialist.
TYPEWRITING EXAMINAT
TERMS TO REMEMBER
TYPEFACE
– the printing surface of the type block in a conventional
typewriter.
TYPEFACE DEFECT
- any form of peculiarity of the type printing caused by actual
damaged to the typeface metal or an abnormality in the
printing condition.
CHARACTER
- include letter, symbol, numerals or points of punctuation.
PICA TYPEFACE
– typeface impression ordinarily spaced 10 characters to the
horizontal inch
ELITE TYPEFACE
– typeface impression ordinarily spaced 12 characters to the
horizontal inch.
TRANSITORY DEFECT
– typewriter characteristic which can be eliminated
by simply cleaning the ribbon.
PERMANENT DEFECT
– typewriting characteristic which cannot be
eliminated or corrected by simple cleaning the
ribbon.
ALIGNMENT DEFECT
– defect in the printing condition of the type
character in which the letters are printed either at
the top or bottom left or right of inclined from proper
position.
Principal technique in typewriting
examinations

❑measure the typeface pitch


❑Verify the type size and design
❑Look for individual type face defect
Vertical Mal Alignment
character printing above or below of its
proper position.
Actual Breakage
any peculiarity of typewriting caused by
actual damage to the type face metal
Off-its-feet
character outline is not equally printed,
that is the printing is heavier in one side than
the remainder of the outline of the character.
REBOUND
character prints a double impression
with the lighter one slightly off set to right or
left.
TWISTED LETTER
A typeface defect in which characters
are designed to be printed at a certain angle
to the baseline. Once leans to the left, or right
of its proper position
CLOGGED TYPEFACE

characterized by dirty
print due to constant
used without cleaning of
the type bar or due to
use of new carbon.
MAKING OF PAPER MONEY
•ENGRAVING
– It is the process by which the line to be
printed are cut into pieces of metal by hand or with
a machine.
MAKING OF PAPER MONEY
•LETTERPRESS PRINTING
– letters are made on raised pieces of metal which covered
with ink and then impressed upon the paper in the same form as a
rubber stamp or cliché. The serial numbers of a bank note are
usually added by this letterpress process.
OFFSET PRINTING

– is the method a photograph is taken of the


desire material and a print is made on a
specially prepared aluminum plate. The plate is
kept wet with water. When ink is applied, it
sticks only these parts of the plate where
printing is desired. The aluminum plate is then
put in contact with rubber roller which transfers
the ink to the papers.
COLOR OF EACH DENOMINATION

•1,000.00 - Blue - Jose Abad Santos, Josefa


Llanes Escoda, Vicente Lim
•500.00 - Yellow - Benigno S. Aquino
•200.00 - Green (Dark in one side and light in
another side)
•100.00 - Mauve - Manuel A. Roxas
•50.00 - Red - Sergio Osmena
•20.00 - Orange - Manuel L. Quezon 10.00 -
Brown - Apolinario Mabini & Andres Bonifacio
•5.00 - Green - Emilio Aguinaldo
Look for watermark

is the silhouette of
the portrait appearing
on the face of the
note.
Steps in Recognizing
Genuine BSP Notes

▪Feel the paper

genuine note is printed


on a special kind of
paper which is rough
when your fingers
through it.
Security Fibers

embedded red and


blue visible fibers
that are scattered at
random on both
surfaces of a genuine
note
WINDOWED SECURITY THREAD

A narrow security thread vertically located


like “stitches” at the face of the note with
clear text of the numerical value in the
repeated sequence and changes the color
from magenta to green or green to
magenta depending on the angle of view.
IRIDESCENT BAND
– A wide glistening gold vertical strips with the
numerical value printed in series.
SERIAL NUMBER

Composed of 1 or 2 prefix
lettered and 6-7 digits. The
letters and numerals are
uniform in size and
thickness, evenly spaced
and well aligned, and glow
under ultra-violet light.
PORTRAIT
Appears life like. The eyes sparkle, shadings are formed by
the fine line that give the portrait a characteristic facial
expression which is extremely difficult to replicate.
VIGNETTE
– the lines and dashes composing the vignette are
fine, distinct and sharp, the varying color tone gives
a vivid look to the picture that make’s it standout of
the paper.
FLOURESCENCE PRINTING
fluorescent print that are invisible numerical value
located off center of the face of the note that glows
when exposed to ultraviolet light.
MICROPRINTING
– minute and finely printed words “Bangko
Sentral ng Pilipinas” or “Central Bank of
thePhilippines” located at the face of the note
that are clearly printed and readable.
Do’s if you suspect
a counterfeit note
✓Do not return it to the passer
✓Delay the passer by some excuse, if possible
without risking harm
✓Observe and record the passer’s appearance
and that his/her companion
✓Note the license plate number and model of
passer’s car
✓Place the note in protective clotting
✓Report to the authority
INSTRUMENTS AND APPARATUS USED IN QUESTIONED
DOCUMENT EXAMINATIONS

▪ MAGNIFYING LENS
Bank personnel and other people involved in currency
examinations usually use and ordinary hand-lens.
▪ SHADOWGRAPH
pictorial image formed by casting a shadow, usually of the
hands, upon a rightful surface or screen.
▪ STEREOSCOPIC MICROSCOPE
a tri-dimensional (3D) enlargement is possible.
▪ MEASURES AND TEST PLATES (TRANSPARENT
GLASS)
– those used for signatures and typewriting.
• TABLE LAMPS WITH ADJUSTABLE SHADES (Goose
Neck Lamps)
used for controlled illumination; needed in sidelight examination
wherein light is placed at a low-angle in a position oblique to
plane or document.
• TRANSMITTED LIGHT GADGET
device where light comes from beneath or behind glass on
document is placed.
• ULTRA VIOLET LAMP
usually used in the detection of counterfeited bills but can
actually be used to detect security features of qualified
documents.
• INFRARED VIEWER
primarily used to decipher writings in a charred document.
• COMPARISON MICROSCOPE
similar to that of the bullet comparison microscope.
COUNTERFEITING THE GREAT SEAL OF THE
GOVERNMENT OF THE PHILIPPINE ISLANDS,
FORGING THE SIGNATURE OR STAMP OF THE
CHIEF EXECUTIVE (Art. 161)
What are the punishable acts?
1. Forging the great seal of the Government of the
Philippines
2. Forging the signature of the President
3. Forging the stamp of the President of the
Government of the Philippines
USING FORGED SIGNATURE OR COUNTERFEIT
SEAL OR STAMP (Art. 162)

What are the elements of this crime?


1. Great Seal of the Republic was counterfeited or
the signature or stamp of the Chief Executive was
forged by another person
2. Offender knew of the counterfeiting or forgery
3. He used the counterfeit seal or forged signature or
stamp
MAKING AND IMPORTING
AND UTTERING FALSE
COINS (Art. 163)

•There be false or
counterfeited coins
•Offender made, imported
or uttered such coins
•In case of uttering such
false or counterfeited coins,
he connived with the
counterfeiters or
importers
A person gave a copper cent the
appearance of a silver piece, it being silver
plated, and attempted to pay with it a
package of cigarettes which he bought at a
store. What crime, if any, was committed?

A: Such person is not liable for counterfeiting


of coin, but for estafa under Art. 318. (Reyes,
2008)
Counterfeiting means to imitate a coin that is
genuine. It gives an appearance of one of
legal tender.

•Coin is counterfeit even if it has more


intrinsic value than the coin of legal tender.
Q: What is the criterion used in
determining whether a coin is a
counterfeit or not?

A: The criterion is that the imitation must be


such as to deceive an ordinary person in
believing it to be genuine. Consequently, if
the imitation is so imperfect that no one was
deceived, the felony cannot be
consummated.
Q: Can former coins withdrawn from
circulation be counterfeited under
Art.163?

Yes. Art. 163 mentions “coin” without any


qualifying words such as “current.” Note:
The reason for punishing the fabrication of
coin withdrawn from circulation is the
possibility that the counterfeiter may later
apply his trade to the making of coins in
actual circulation. (Reyes, 2008)
Q: What is punished in “importing” false
coins?

A: The mere act of importing that is being


punished, even if the coins are not placed in
circulation.

Q: What is meant by “uttering” of coins?

A: Uttering means to circulate, to pass


counterfeit coins.
MUTILATION OF COINS
IMPORTATION AND UTTERANCE
OF MUTILATED COINS (Art. 164)
•Mutilating coins of legal currency with
the further requirement that there be
intent to damage or defraud another
•Importing or uttering such mutilated
coins, with the further requirement that
there must be connivance with the
mutilator or importer in case of uttering.
Mutilation means diminishing or taking off by
ingenuous means part of the metal in the coin either
by filing or substituting it for another metal of inferior
quality
PROHIBITING AND PENALIZING DEFACEMENT,
MUTILATION, TEARING, BURNING OR DESTRUCTION
OF CENTRAL BANK NOTES AND COINS. (P.D. 247)
1. Any person who willfully deface, mutilate, tear, burn or
destroy, in any manner whatsoever, currency notes and
coins issued by the Central Bank of the Philippines; and
2. Fine of not more than twenty thousand pesos and/or by
imprisonment of not more than five years.
SELLING OF FALSE OR MUTILATED COIN,
WITHOUT CONNIVANCE (Art. 165)

•Possession of coins counterfeited or mutilated by


another person, with intent to utter the same,
knowing that it is false or mutilated.

•Actually uttering such false or mutilated coin,


knowing the same to be false or mutilated.
Q: In Art. 165, is it necessary that the
counterfeited coin is a legal tender?

A: No. If the coin is a mutilated coin, it must


be a legal tender.

Legal tender
is a medium of payment recognized by a
legal system to be valid for meeting a financial
obligation. (Paper currency and coins are
common forms of legal tender in many
countries.)
✓ The term "legal tender" is from Middle
English tendren,
✓ French tendre (verb form), meaning to
offer.
✓ The Latin root is tendere (to stretch
out), and the sense of tender as
an offer is related to the etymology of
the English word "extend" (to hold
outward).
FORGING TREASURY OR BANK NOTES OR OTHER
DOCUMENTS PAYABLE TO BEARER; IMPORTING, AND
UTTERING SUCH FALSE OR FORGED NOTES AND
DOCUMENTS; IMPORTING, AND UTTERING SUCH FALSE OR
FORGED NOTES AND DOCUMENTS (Art. 166)

•Forging or falsification of treasury or bank notes or other


documents payable to bearer.

•Importation of such false or forged obligations or notes.

•Note: It means to bring them into the Philippines,


which presupposes that the obligations or notes are
forged or falsified in a foreign country.
•Uttering obligations or note knowing them
to be false or forged, whether such offer is
accepted or not, with a representation.

Note: It means offering obligations or


notes knowing them to be false or
forged, whether such offer is accepted
or not, with a representation.
What are the notes and other obligations
and securities that may be forged or
falsified under Art. 166?

•Treasury or bank notes


•Certificates
•Other obligations and securities payable to
bearer
Note: Falsification of PNB checks is not forgery under
Art. 166 of RPC but falsification of commercial
documents under Art. 172 in connection with Art. 171
of the RPC.
COUNTERFEITING, IMPORTING AND
UTTERING INSTRUMENTS NOT PAYABLE TO
BEARER (Art. 167)

•There be an instrument payable to order or other


document of credit not payable to bearer

•Offender forged, imported or uttered such


instrument

•In case of uttering, he connived with the forger or


importer
What are the acts of forgery punished
under Art. 167?

•Forging instruments payable to order or documents


of credit not payable to bearer
•Importing such false instruments
•Uttering such false instruments in connivance with
the forger or the importer
✓Connivance is not required in uttering if the utterer
is the forger.
✓Counterfeiting under this article must involve an
instrument payable to order or other document of
credit not payable to bearer.
ILLEGAL POSSESSION AND USE OF FALSE TREASURY
OR BANK NOTES AND OTHER INSTRUMENTS (Art. 168)

•Any treasury or bank notes or certificate or other obligation


and security payable to bearer, or any instrument payable to
order or other document of credit not payable to bearer is
forged or falsified by another person
•Offender knows that any of those instruments is forged or
falsified
•He performs any of these acts:

✓Using any of such forged or falsified instrument


✓Possessing with intent to use any of such forged or falsified
instruments
Q: Is possession of false treasury or
bank notes alone without intent to use a
criminal offense enough to consummate
the crime?

A: No. But mere possession with intent to


utter consummates the crime of illegal
possession of false notes.
FORGERY (Art. 169)

•By giving to a treasury or bank note or


any instrument payable to bearer or to
order mentioned therein, the appearance
of a true and genuine document

•By erasing, substituting, counterfeiting, or


altering by any means the figures, letters,
words, or signs contained therein.
Q: When is counterfeiting not
forgery?

A: The subject of forgery should be


treasury or bank notes. If the subject of
forgery were a document other than
these, the crime would be falsification.
(Boado, 2008)
Q: What is the essence of forgery?

A: The essence of forgery is giving a document


the appearance of a true and genuine document.
•In a case where the accused, instead of carrying
out his intention, threw away the forged note, can
he be made liable?

•A: No, for the law will not close the door of
repentance on him, who having set foot on the
path of crime, retraces his steps before it is too
late (People v. Padilla, 36 O. G. 2404)
What are the five classes of
falsification?

•Falsification of legislative documents


•Falsification of a document by a public officer,
employee or notary public
•Falsification of public or official, or commercial
documents by a private individual
•Falsification of private document by any person
•Falsification of wireless, telegraph and telephone
messages
How document is falsified?
a. Counterfeiting or imitating any handwriting,
signature or rubic
b. Causing it to appear that persons have
participated in any act or proceeding when
they did not in fact so participate
c. Attributing to persons who have participated in
an act or proceeding statement other than
those in fact made by them
d. Making untruthful statements in a narration of
facts
NOTE: This kind of falsification may be
committed by omission
•Altering true dates
•Making any alteration or intercalation
in a genuine document which changes
its meaning. (The alteration which
makes a document speak the truth
does not constitute falsification)
Important Terms

▪ REFERENCE COLLECTION
Material compiled and organized by the document examiner to assist
him in answering special questions.
▪ CONCLUSION
A scientific conclusion results form relating observed facts by logical,
common-sense reasoning.The document examiner's conclusion, in legal
term is referred to as "opinion".
▪ EXAMINATION
It is the act of making a close and critical study of any material and with
questioned documents, it is the process necessary to discover the facts
about them.
▪ INSERTION OR INTERLINEATION
Addition of writing and other material between lines or paragraphs or the
addition of whole page to a document.
MATERIAL WITNESS

the main fact which is the subject of the inquiry


or any circumstance which tends to prove that
fact, or any fact or circumstance which tends to
corroborate or strengthen the testimony relative
to the subject of inquiry, or which legitimately
affects the credit of any witness who testifies.
▪ NON-IDENTITIFICATION
means that the source or authorship of the compared
questioned and standard specimens is different.
▪ OBLITERATION
blotting out or shearing over the writing to make the original
invisible to as an addition.
▪ QUALIFICATION
professional experience, education, and ability of a
document examiner.
▪ OFF HAND OPINION
usually a conclusion that is not based on thorough scientific
examination.
CERTIFICATE
- Any writing by which testimony is given that a fact
has or has not taken place.
ACT NO. 1851
- punishes private individuals who forge or alter
telegrams.
DEMONITIZATION
– removing monetary value of legal tender by BSP
COINS
- are pieces of metal stamped by government
authority, for use as money or collectively referring
to metal currency.
CASTING
most common method of making gold coins. Plaster molds
bearing an image of gold coins are filled (within a low
temperature) with alloy made with lead or tin. Some molds are
used for high temperature metal such as copper or silver alloy.
STRIKING OR STAMPING
making of an impression of a coin or metal blank by pressure.
ANACHRONISM
something wrong in time and in place. This means that the
forger has trouble matching the paper, ink, or writing materials
to the exact date it was supposed to have been written.
PARCHMENT
writing material made from skin of animals primarily of sheep,
calves or goats - was probably developed in the Middle East.
CAI LUN (TSAI LUN)
in about A.D. 105. He is the first to succeed in making
paper from vegetable fibers, tree barks (mulberry tree),
rags, old fish nettings.

VELLUM
writing materials from fine skins from young calves
or kids and the term (name) was often used for all
kind of parchment manuscripts, it became the most
important writing material for bookmaking, while
parchment continued for special manuscripts
Thank You and God Bless Us All

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