Lecture

Signature - it is the name of a person written by him/her in a document as a sign of acknowledgement. Or, it is
a name or mark that a person puts at the end of a document to attest that he is its author or that he ratifies its
contents.
OTHER SIGNIFICANT TERMS
a. Assisted Signature - See Guided Signature
b. Cross Mark - Historically, many who could not write signed with a cross mark or crude X. This
authenticating mark is still used today by illiterates, and if properly witnessed, it can legally stand for a
signature. Ballot marks are also referred to as cross marks because of the common practice of marking with an
X.
c. Evidential Signature - It is not simply signature- It is a signature, signed at a particular time and place,
under particular conditions, while the signer was at particular age, in a particular physical and mental condition,
using particular implements, and with a particular reason and purpose for recording his name.
d. Fraudulent Signature - A forged signature. It involves the writing of a name as a signature by someone
other than the person himself, without his permission, of then with some degree of imitation.
e. Freehand Signature - A fraudulent signature that was executed purely by simulation rather than by tracing
the outline of a genuine signature
f. Guided Signature - A signature that is executed while the writer's hand or arm is steadied in any way. Under
the requested the assistance. law of most jurisdictions such a signature authenticates a legal document
provided it is shown that the writer requested assistance
g. Imitated Signature - synonymous with freehand forgery
h. Model Signature - A genuine signature that has been used to prepare an imitated or traced forgery
i. Theory of Comparison - the act of setting two or more signature in an inverted position to weigh their
identifying significance, the reason being that those we fail to see under normal comparison may readily be
seen under this theory
FORGERY
- Forgery is, strictly speaking, a legal term which involves not only a non-genuine document but also and intent
to fraud. However, it is also used synonymously with fraudulent signature or spurious document.
CLASSES OF FORGED SIGNATURES
A. Simulated or Freehand Imitation Forgery - executed purely by simulation rather than by tracing the
outline of a genuine signature can be referred as freehand imitation or simulated forgery. Or it refers to the
free-hand drawing in imitation of model signature
1. Simulated with the Model Before the Forger
A. Direct technique - forger works directly with ink
b. Indirect - forger works first with pencil and afterward covers the pencil strokes with ink .
B. Traced Forgery
1. Direct Tracing -tracing is made by transmitted light.
2. Indirect Tracing - forger uses a carbon paper and place document on which he will trace the forged
signature under the document bearing the model signature with a carbon paper between the two.
Types of Traced Signature:
1. Carbon Process
2. Indentation Process
3. Transmitted light
C. Spurious Signature (Simple Forgery) - Forger does not try to copy a model but writes something
resembling ordinarily call a signature. For this, he uses a false (spurious) name and makes a rapid stroke,
disturbing his usual writing by adopting a camouflage called disguise
D. Forgery by Means of Stamped Facsimile of a Genuine or Model
E. Forgery by Computer Scanning
SUGGESTED STEPS IN THE EXAMINATION OF SIGNATURE:
A. STEP 1 - Place the questioned and the standard signatures in the juxta-position or side-by-side for
simultaneous viewing of the various elements and characteristics.
B. STEP 2 - The first element to be considered is the handwriting movement or the manner of execution (slow,
deliberate, rapid, etc.). The fundamental difference existing between a genuine signature and an almost perfect
forgery is in the manner of execution.
C. STEP 3-Second elements to examine is the quality of the line, the presence or tremors, smooth, fluent or
hesitation. Defect in line quality is only appreciated when simultaneous viewing is made.
D. STEP 4 - Examine the beginning and ending lines, they are very significant, determine whether the
appearance blunt, club-shaped, tapered or vanishing.
E. STEP 5- Design and structure of the letters - Determine as to roundness, smoothness, angularity and
direction. Each individual has a different concept of the letter design.
F. STEP 6- Look for the presence of retouching or patching.
G. STEP 7-Connecting strokes, slant, ratio, size, lateral spacing.
H. STEP 8 - Do not rely so much in the similarity or difference of the capital letters, for these are the often
changed according to the whim of the writer.
INDICATIONS OF GENUINENESS
1. Carelessness
2. Spontaneity
3. Alternation of thick and thin strokes
4. Speed
5. Simplification
6. Upright letters are interspersed with slanting letters
7. The upward strokes to a threadlike tracing
8. Rhythm
9. Good line quality
10. Variation
How simulated forgery is produced:
a) The forger studies the genuine signature he intends to copy. By this, he acquires the mental picture of the
letter design, lateral spacing, and the other obvious features.
b) Constant practice from memory, or the genuine model is placed in front of him (forger). Portions of the
signature are mastered first, and finally, the signature as a whole;
c) The study and practice are carried on until the forger feels the capability of writing a convincing forgery.
d) After each attempt, the forger compares it with the genuine signature that he copied. Defects or errors are
corrected in the future.
The forger labors under a strained mental and muscular condition that makes it very difficult. If not
altogether impossible, to do his work in a skillful manner brought about by;:
a) The realization that forgery is a criminal act;
b) Fear of discovery which certainly will result to punishment and dishonor.
c) Painful anxiety to do work well.
To be able to forge successfully, one must:
a) Be able to see significant characteristics of the writing of another
b) Have the muscular skill necessary to reproduce the writing imitated;
c) Be able to eliminate at the same time all the characteristics of his own handwriting.
The forger fixes his attention intensely on the matter or form and the process of writing, so much
that under such condition:
a) He finds it extremely difficult to write even his own handwriting free natural manner;
b) Hi finds that imitating a writing successfully is task of a very great difficulty.
Forgery, therefore, always show plainly natural results of strained condition by:
a) Slow, hesitating and unnatural appearance,
b) Too much attention on unimportant details, A simulated forgery is produced by a method of following a
copy, very much similar to that employed by a pupil in following a pattern. Writing that is slow and hesitating
(produced by interrupted, changing movement of impulses) is more easily imitated, for its manner of
production is similar to that of the imitation process. If the forger possesses a skill superior to that of the
genuine writing, the forgery may have a higher degree of muscular coordination or control than the writing
imitated.
Topic II. CONCLUSION AGAINST OPINION
According to Huber and Headrick, some controversies have been noted in the views of examiners as to
whether the results of their examinations should be expressed as conclusion or as a matter of opinion,
In some other instances opinion and conclusion are being used interchangeably in giving findings of the
handwriting examinations. On the other hand, opinion is very much different from conclusion.
According to the Merriam Webster Dictionary, opinion is defined as:
1) A view, judgment, or appraisal formed in the mind about a particular matters,
2) A belief stronger than impression and less strong than positive knowledge, generally held views
3) A formal expression of judgment or advice by an expert;
4) The formal expression (as by judge, court, or referee) of the legal reasons and principles upon which a
legal decision is based
While Encarta Dictionary defines opinion as:
1) An expert assessment of something;
2) A conclusion drawn from observation of the facts.
3) The view somebody takes about a certain issue, especially when it is based solely on personal judgment;
4) A view regarding the worth of somebody or something.
On the other hand, Encarta Dictionary defines conclusion as:
1) A decision made or an opinion formed after considering the relevant facts or evidence,
2) An ending or the part that brings something to close (formal);
3) The completion of a formal agreement or deal, especially after long or detailed discussion and
arrangements;
4) The summation or closing argument at the end of a case being tried:
5) The portion of an argument for which evidence is presented.
The Oxford Dictionary also defines conclusion as:
1) An outcome.
2) A final determination,
3) A judgment arrived at by reasoning,
4) An inference, induction, or deduction,
The rule of law does not govern what on how expert evidence can be expressed or determined, but how it
will be accepted. As long as the expert testimony will be given a chance to be presented in court, it does not
question whether it is a conclusion given or just an opinion.
In the presentation of testimony as well as the written reports of the examiner, there is no rules as to the
content or format to follow. It is the experience or expertise the examiner that can speak louder on the issue
as to whether it is the handwriting of one person or another.
In the Philippines, questioned document examination reports vary different examiners. The PNP Crime
Laboratory and the NBI is applying the word "conclusion The note Filipino Questioned Document Expert Mr.
Gregorio Mendoza is using the word "Opinion" in his questioned document examination reports.

QUALIFIED OPINION
During the Senate Committee Hearing on the Jose Pidal case, the questioned signature presented was a
photocopy. The standard for comparison was requested standards. One of the questioned raised by a
member of the Senate Committee during the presentation of the questioned document examination result
was, "What do you mean by qualified opinion?
Most of the document examiners apply "qualified opinion' where there is a probability of a mistake on the
result of the matter being investigated Qualified opinion is based on the facts shown on the document not
the original. When the document presented is a photocopy, and it shows individuality in characteristics both
in questioned document and the standard, therefore it is probably the handwriting of another person.
However, there is a strong probability that it is not, the moment that the original document will be presented
and examined.
The examiner in the "Jose Pidal" case cannot give a definite answer as to whether it is the handwriting of
the suspected writer or not because the matter in question is a photocopy But an expert, he or she can only
render his or her "qualified opinion based on the characteristics shown both in the standard and questioned
document. A conclusion is definite answer to the problem Opinion is likewise applied with respect to the
understanding of the law respecting expert testimony.
VERIFICATION
- It is also known as a second opinion Where numerous handwriting problems may occur most especially
when the identity is somewhat difficult to prove, the expert should seek another expert's opinion.
"The Dreyfus case is an unforgettable lesson to all experts. French Army Captain Alfred Dreyfus was
charged with treason because of the famous "bordereau % itemized documents considered as top secret.
These documents are very difficult to procure because it is considered as top secret The French
Counterespionage Bureau became interested about the identity of "Scoundrel D__” which was mentioned
on the letter. The name Dreyfus later turned up. The handwriting was examined and became the basis for
conviction. After two years, the real identity of the writer was established
Topic III. FORGERY, COUNTERFEITING AND FALSIFICATION
DEFINITION OF TERMS
A. Counterfeiting - It is the crime of making, circulating or uttering false coins and banknotes Literally, it
means to make a copy of, or imitate; to make a spurious semblance of, as money or stamps, with the intent
to deceive or defraud Counterfeiting is something made to imitate the real thing used for gain:
B. Falsification - The act/process of making the contents of a document not the intended content.
C. Forgery - The making or materially altering, with intent to defraud, any writing which if genuine, might be
of legal efficacy or the foundation of a legal liability
In forgery, every person who, with intent to defraud, signs the name of another person, or of fictitious
person, knowing that he has no authority to do so, or falsely makes, alters, forges or counterfeits any
checks, drag- due bill for the payment of money or property or forges the seal forged, or counterfeited, with
intent the same to be fake, altered forged, or counterfeited, with intent to prejudice, damage or defraud any
person.... Is guilty of forgery
LAWS ON FORGERY (Revised Penal Code)
Art. 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or
stamp of the Chief Executive.
The penalty of reclusion temporal shall be imposed upon any person who shall forge the Great Seal of the
Government of the Philippine Island or the signature is stamp of the Chief Executive.
Art. 162. Using the forged signature or counterfeit seal or stamp.
The penalty of prison mayor shall be imposed upon any person who shall knowingly make use of the counterfeit seal
or forged signature or stamp mentioned in the preceding article.
Art. 163. Making and importing and uttering false coins
Any person who makes imports, or utters, false coins, in connivance with counterfeiters, or importers, shall
suffer.
1) Prison mayor in its minimum and medium periods and a fine not to exceed P10,000 pesos, if the
counterfeited coin be silver coin of the Philippines or coin of the Central Bank of the Philippines of 10
centavo denomination or above.
2) Prision correctional in its minimum and medium periods and a fine of not to exceed P2,000 pesos, if the
counterfeited coins be any of the minor coinage of the Philippines or of the Central Bank of the Philippines
below ten centavo denomination.
3) Prision correctional in its minimum period and a fine not to exceed P1,000 pesos, if the counterfeited coin
be currency of a foreign country (As amended by R.A No. 4202, approved June 19, 1965).

Art. 164. Mutilation of coins; Importation and utterance of mutilated coins.

 The penalty of prision correctional in its minimum period and a fine not exceed P2.000 pesos shall be
imposed upon any period who shall mutilate coins of the legal currency of the United States or of the
Philippine Islands or import or utter mutilated current coins, or in connivance with mutilators or importers.
Art. 165. Selling of false or mutilated coin, without connivance.
The person who knowingly, although without the connivance mentioned in the preceding articles, shall
possess false or mutilated coin with intent to utter the same, or shall actually utter such icon, shall suffer a
penalty lower by one degree than that prescribed in said articles
Art. 166 Forging treasury or bank notes on other documents payable to bearer; importing, and
uttering such false or forged note and documents.
The forging or falsification of treasury or bank notes or certificates or other obligations and securities
payable to bearer and the importation and uttering in connivance with forgers or importers of such false or
forged to obligations or notes, shall be punished. "The word "obligation or security of the United States or of
the Philippine Islands shall be held to mean all bonds, certificates of indebtedness, national bank notes,
fractional notes, certificates of deposit, bill, checks, or drafts for money, drawn by or upon authorized officers of
the US of Philippine Islands, and other representatives of value of whatever denomination, which have been or
may be issued under any act of the Congress of the US or the Philippine Island
Art. 167 Counterfeiting, importing and uttering instruments not payable to bearer.
Any person who shall forge, import or utter, in connivance with the forgers or importers any instrument
payable to order or other document of credit not payable to bearer, shall suffer the penalties of prision
correctional in its medium and maximum periods and a fine not exceeding P6,000 pesos
Art. 168. Illegal possession and use of false treasury or bank notes and other instrument of credit.
Unless the act be one of those coming under the provisions of any of the preceding articles, any person who
shall knowingly use or have in his possession, with intent to use any of the false or falsified instruments
referred to in this section, shall suffer the penalty next lower in degree than that prescribed articles
Art. 169. How forgery is committed.
The forgery referred to in this section may be committed by any of the following means;
1) By giving to a treasury or bank note or any instrument, payable to bearer or order mentioned therein, the
appearance of a true genuine document.
2) By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs
contained therein