QUESTIONED DOCUMENT EXAMINATION

Introduction
Questioned Document Examination (QDE) is a forensic science discipline that analyzes documents to
determine their authenticity, origin, or any alterations. It involves handwriting analysis, ink and paper
examination, forgery detection, and digital document verification. QDE plays a vital role in legal
investigations, helping identify fraud, forgery, and document tampering to ensure the integrity of evidence
in court proceedings.

WEEKS 2-3
Introduction
II. BASIC CONCEPTS OF QUESTIONED DOCUMENT EXAMINATION
a. Document
b. Document as Defined by Laws / Supreme Court
c. Writings That DO NOT
Constitute Documents
d. Questioned Document/Disputed Document
e. Standard / Standard Document
f. kinds of document
j. Classes of questioned document
h. forms/aspects of questioned document examination

A. Document
 A document is any material that contains marks, signs, or symbols—whether visible, partially
visible, or invisible—that may presently or ultimately convey a meaning or message to someone.

Etymology of the Word "Document"

 Derived from the Latin word documentum, meaning "lesson" or "example" (in Medieval Latin, it
also meant "instruction" or "official paper").

 Related to the French word docere, which means "to teach."

Note: Once a document is introduced as evidence, it becomes known as documentary evidence.

Document as Evidence

A document used as evidence consists of writings or any material containing letters, words, numbers,
figures, symbols, or other written expressions offered as proof of their contents. This is defined under
Criminal Evidence, Rule 130, Section 2.

B. Document as Defined by Laws / Supreme Court/Legal Basis of Documents

1. Definition in Jurisprudence

 People vs. Moreno, CA, 338 O.G. 119

A document refers to any written material by which a right is established or an obligation is
extinguished.

 People vs. Nillosquin, CA, 48 O.G. 4453

A document includes every deed or instrument executed by a person by which some disposition or
agreement is proved, evidenced, or set forth.

2. Relation to Criminal Jurisprudence

 Under the Best Evidence Rule, a document is any physical embodiment of information or ideas.
Examples include:

o A letter
 o A contract

o A receipt

o A book of accounts

o A blueprint

o An X-ray plate

(Source: Black's Law Dictionary)

C. What May Not Constitute a Document?

The following are examples of materials that may not be considered documents:

 A draft of a municipal payroll that has not yet been approved by the proper authority. (People
vs. Camacho, 44Phil. 484)
 Mere blank forms of official documents. People vs. Santiago, CA, 48 O.G. 4558)
 Pamphlets or books that do not evidence any disposition or agreement—these are considered
mere merchandise rather than documents. (People vs. Agnis, 47 Phil. 945)

D. Questioned Document/Disputed Document

Questioned – Any material about which an issue has been raised or which is under scrutiny.

Questioned Document – A document in which the facts appearing may not be true and are contested,
either in whole or in part, concerning its authenticity, identity, or origin. This may include deeds, contracts,
wills, election ballots, marriage contracts, checks, visas, application forms, check writers, certificates, and
other similar documents.

Questioned document examination is a branch of forensics that focuses on the analysis of disputed
documents. A questioned document examiner analyzes the document using a variety of techniques to
determine its authenticity, origin, or any signs of alteration. Depending on the outcome of the
examination, the examiner may also be called as a witness in a legal case.

Disputed Document – A term indicating that there is an argument or controversy over a document.
Although strictly speaking, this is its true meaning, the terms disputed document and questioned
document are often used interchangeably to refer to a document under special scrutiny.

E. Standard Document

Standard (Standard Document) – A condensed and compact set of authentic specimens from a known
source. In questioned document examination, a standard refers to materials whose origins are known and
can be legally used for comparison. In handwriting analysis, a standard is synonymous with a specimen of
handwriting.

Types of Standard Document:

a. Collected or Procured Standard- Specimens that are obtained from a file of document
executed in the regular course of man’s activity or a person’s day to day business, official,
social, or personal activities.
 15-20 genuine signatures
 4-5 pages of handwriting
b. Requested or dictated- Made upon request for purposes of making a comparative
examination with the request writing.
  25-30 genuine signatures
 5-6 pages handwriting

Exemplar – A term used by some document examiners and attorneys to refer to known material. The term
standard is the older and more commonly used term.

Terminologies:

Contemporary Document- Documents which are not more than 5 years before or after.

Holographic Document – Any document completely written and signed by a single person, also known
as a holograph. In some jurisdictions, a holographic will can be probated even without witnesses.

Reference Collection – A compilation of materials organized by a document examiner to assist in

answering specific questions. Common reference collections include specimens of typewriting, check
writing, inks, pens, pencils, and papers.

F. Kinds of Documents

1. Public Document – A document notarized by a notary public or a competent public official with
the solemnities required by law.

o Cacnio vs. Baens, 5 Phil. 742

2. Official Document – A document issued by the government, its agents, or officers who have the
authority to do so, in accordance with their official duties.

3. Private Document – A document executed by a private person without the intervention of a

notary public or any legally authorized person. It serves as proof or evidence of a disposition or
agreement.

o U.S. vs. Orera, 11 Phil. 596

4. Commercial Document – A document executed in accordance with the Code of Commerce or

any Mercantile Law, containing dispositions of commercial rights or obligations.

Note: If a private document is intended to become a part of the public record and falsified prior
thereto, the crime committed is falsification of a public document

5. Electronic Document (E-Document) – A document that exists only in electronic form, such as
data stored on a computer, network, backup, archive, or other storage media. Examples include
emails, instant messages, e-calendars, audio files, data on handheld devices, animations,
metadata, graphics, photographs, spreadsheets, websites, drawings, and other types of digital
data.

o Governed by RA 8792 (E-Commerce Act of 2000)

G. Classes of Questioned Documents

1. Documents with questioned signatures.

2. Questioned documents alleged to have contained fraudulent alterations.

3. Questioned or disputed holographic wills.

a. Holographic Will – A will entirely written in the handwriting of the testator.
b. Notarial Will – A will signed by the testator, acknowledged 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. Questioned documents on issues of their age or date.

6. Questioned documents on issues of materials used in their production.

7. Documents or writings investigated because it is alleged that they identify some

persons through handwriting.
a. Anonymous and disputed letters.
b. Superscriptions, registrations, and miscellaneous writings.

H. forms/aspects of questioned document examination

Addition

Any matter made a part of the document after its original preparation may be referred to as addition.

Conclusion

A scientific conclusion results from relating observed facts by logical, common-sense reasoning in
accordance with established rules or laws. The document examiner's conclusion, in legal terms, is referred
to as "opinion."

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. Document examiners are often referred to as handwriting
identification experts, but today the work has outgrown this latter title and involves other problems than
merely the examination of handwriting.

Erasure

The removal of writings, typewriting, or printing from a document is an erasure. It may be accomplished by
either of two means:

 Chemical eradication – in which the writing is removed or bleached by chemical agents (e.g.,
liquid ink eradicator).

 Abrasive erasure – where the writing is effaced by rubbing with a rubber eraser or scratching out
with a knife or other sharp implement.

Examination

It is the act of making a close and critical study of material, and with questioned documents, it is the
process necessary to discover the facts about them. Various types are undertaken, including microscopic,
visual, photographic, chemical, ultraviolet, and infrared examination.

Expert Witness

A legal term used to describe a witness who, by reason of his special training or experience, is permitted
to express an opinion in a court action. His purpose is to interpret technical information in his particular
specialty in order to assist the court in administering justice. The document examiner testifies in court as
an expert witness.

Insertion or Interlineation

The term "insertion" and "interlineations" include the addition of writing and other material between lines
or paragraphs or the addition of a whole page to a document.

Non-Identification (Non-Identity)
As used in this text, it means that the source or authorship of the compared questioned and standard
specimens is different.

Obliteration

The blotting out or smearing over the writing to make the original invisible is considered an obliteration.

Opinion

In legal language, it refers to the document examiner's conclusion. Actually, in court, he not only
expresses an opinion but demonstrates the reasons for arriving at his opinion. Throughout this text,
opinion and conclusion are used synonymously.

Qualification

The 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 in his field.

Divisions of Questioned Document Examination

1. Criminalistics Examination – This involves the detection of forgery, erasure, alteration, or

obliteration of documents.

2. Handwriting Investigation/Analysis – This is more focused on determining the author of writing.

It is a more difficult procedure and requires long study and experience.

Scientific Method in Questioned Document Examination

1. Analysis (Recognition) – Properties or characteristics are observed or measured.

2. Comparison – Properties or characteristics of the unknown, determined through analysis, are now
compared with the familiar or recorded properties of known items.

3. Evaluation – Similarities or dissimilarities in properties or characteristics will each have a certain

value for identification, determined by its likelihood of occurrence. The weight or significance of
each must, therefore, be considered.

The criteria of scientific examination of documents are:

 Accuracy – Correspondence between results obtained and the truth.

 Precision – Measure of the consistency of results obtained in repeated study or experimentation.

Reasons for Utilizing a Questioned Document Expert

 Assurance of preparedness.

 Trial fiscal or judges are infrequently confronted with document cases; consequently, they do not
possess the knowledge of the document expert's ability or the various methods that exist for
determining forgeries.

 Avoidance of an "Off-Hand" Opinion.

What is an "Off-Hand Opinion"?

Off-hand opinion is usually a conclusion that is not based on a thorough scientific examination.

The Danger of Off-Hand Opinions

It has happened in some cases that an off-hand opinion has sent an innocent man to prison, while a
murderer was given a chance to escape.