MPA/PA,LLB Page | 1
CHAPTER 1
CONCEPT OF QUESTIONED DOCUMENT
Document Defined
Generally, defined as any material containing
marks,
symbols,
or
signs
either
visible,
or
partially visible that may present or ultimately
convey a meaning to someone, maybe in the form of
pencil, ink writing, typewriting, or printing on
paper.
Legal Definitions of Document
1 Any
written
document
by
which
a right
is
established or an obligation is extinguished
(People vs. Moreno, CA, 338 O.G. 119);
2 Every deed or instrument executed by person by
whom some disposition or agreement is proved,
evidenced or set forth (People vs. Nillosquin, CA,
48 O.G. 4453) ;
3 In relation to Criminal Jurisprudence under the
Best evidence rule, document refers to any
physical embodiment of information of ideas (e.g.
a letter, a contract, a receipt, a book of
account, a blue print, or an X-ray plate)
Kinds of documents
a PUBLIC DOCUMENT- notarized by a notary public or
competent
public
official
with
solemnities
required by law. (Cacnio vs. Baens, 5Phil.742)
b OFFICIAL DOCUMENT- issued by the government or
its agents or its officers having the authority
to do and the offices, which in accordance with
have
been
on
the
question
of
or
CHAPTER II
EXEMPLAR
Handwriting
identification
depends
on
the
quality of the known writing. One of the most
important steps in the investigation of suspected or
disputed writing is the procurement of sufficient
genuine
writing
samples.
Legal
advisers
and
investigating officers must be able to anticipate
the document examiner's needs in the way of
comparative material. Sufficient suitable material
facilitates the work of the expert in establishing
the master pattern or habits of the writer in order
to avoid errors and in conclusions. A document
examiner who must work with insufficient writing has
a more difficult task and may not be able to draw
adequate conclusions from the limited material.
Informal
handwriting
exemplars
(Collected
Standards) are more reliable for comparison purposes
than request writing. Since informal writing was
written in the normal course of business, it more
accurately reflects the subconscious habits of the
writer. Self-consciousness or conscious-awareness
enters into the request writing process. Even when
there is no attempt to disguise request writing, it
may not represent the normal subconscious habits of
the writer.
If informal exemplars are not sufficient or
suitable for comparison purposes, request writing
should be taken from the victim as well as any
suspects. Often the only way to obtain comparable
handwriting samples is through request writing.
There are some disadvantages to request writing that
must be taken into consideration.
Types of Handwriting Standards
a Collected
handwriting
course of
socials.
Standards
are
KNOWN
(genuine)
of an individual written in the
daily life, both business and
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c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 12
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 13
SUITABLE EXEMPLARS
Cancelled checks, contracts, applications, and
business
letters
make
suitable
exemplars
or
standards. The writing can be properly identified,
the date can be verified, and the habits of the
writer can be studied. Additional standards may be
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 14
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 15
writer
was
intoxicated
unless
the
questioned
documents were written under similar circumstances.
Some
hand
printing
can
be
compared
with
handwriting and vice versa. Some writers use hand
printed
letters
and
handwritten
ones
interchangeably. Most common is the use of hand
printed capital letters in place of cursive. Other
writers use the same letter form for both hand
printed and cursive writing.
While it may be possible to make a match with
only a few exemplars, the more exemplars available
the better. Collect as many samples of handwriting,
including signatures, as possible. It is necessary
to collect enough handwriting samples to enable the
expert to render a professional opinion. How much is
enough? Enough would be sufficient exemplars to
eliminate any other writer as the author of a
document.
Cases In Which No Exemplars Are Needed
There are some cases in which no exemplars are
needed to prove spuriousness. Since no one can write
his signature exactly the same way twice, identical
signatures are generally evidence of no genuineness.
This
would
include
traced
forgeries,
scanned
signatures, or even freehand simulations, as well as
cut and paste signatures.
Some writers use signature stamps and autopens
as legitimate signatures making it are necessary to
determine the nature of the signatures before an
opinion of no genuineness is given.
Signs
of
forgery
are
indicative
of
no
genuineness. Documents that contain indications of
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REQUEST WRITING
Request
writing
exemplars
are
handwriting
samples
made
at
the
request
and
under
the
supervision of the police, document examiners, or
attorneys for comparison with questioned writing.
The writer is asked to complete forms containing all
the uppercase and lowercase letters plus numbers and
punctuation marks.
Care must be taken to insure that request
writing is suitable for comparison purposes since
the writer may attempt to disguise his writing.
Normal writing is a result of subconscious habit.
The quality of writing is recognized by repeated
significant characteristics executed with ordinary
attention to the writing act. Certain precautions
can insure that the exemplars are suitable.
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CHAPTER III
HANDWRITING AND SIGNATURE IDENTIFICATION
A. HANDWRITING
HANDWRITING DEFINED
Handwriting is the result of a very complicated
series of facts, being used as whole, combination of
certain forms of visible mental and muscular habits
acquired by long, continued painstaking effort also
knows as visible speech.
KINDS OF WRITINGS:
a Cursive- connected writing in which one letter
is joined the next.
b Script- separated printed writing.
c BLOCK- ALL CAPITAL LETTERS.
BASIS OF HANDWRITING IDENTIFICATION:
a In Wignore`s Principles of judicial Proof,
handwriting is defined as a visible effect of
bodily movement which is an almost unconscious
expression of fixed muscular habits, reacting
from fixed mental impression of certain ideas
associated with script form.
b Environment, education and occupation affect
individuals so variously in the formation of
these muscular habits that finally the act of
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AND
SIGNATURES
SOME
BASIC
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VARIATIONS IN HANDWRITING
None of the factors that produce handwriting are
rigid and unchanging. In addition to the organic
factors (physical anatomy and health, mental acuity,
etc.) there are environmental factors effecting the
handwriting. These include the writing instrument
itself, the writing surface and what lies beneath
it, and other variables of the writing situation.
Because the primary motor pattern is itself a fluid
image and because there are so many organic and
environmental
variables
that
interact
in
the
production of handwriting, it has become an accepted
axiom that a person is unlikely to ever duplicate
any signature exactly. Each person has a range of
natural variation. But even with this range of
variation, each person grows in his or her writing
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 23
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i.e.
IMPORTANCE OF VARIATION
a The qualities of personal variation include both
its nature and its extent. It becomes necessary
to determine the amount, extent, and exact
quality of the variations.
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analysis
by
comparison
and
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The
amount
of
space
between
The
amount
of
the
space
left
between
form
of
around
the
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 28
or usual
specimens
deviation
of
any
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of motion
record.
which
are
recorded
in
written
in
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the
writing
The
amount
of
space
left
between
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 31
and
painful
due
to
weakness
and
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4 Continuity of strokes;
5 and connecting or curves between letters
MOTOR COORDINATION- The special way in which the
various muscles used in writing work together to
produced written forms.
CHARACTERISTICS OF MOTOR COORDINATION:
1 Free, smelt rounded curves
2 Gradual changes of directions
3 Pressure is always in a state of change, moving
from light to heavy or from heavy to light.
4 Speed
5 The Shading impulse is distributed over a
considerable length of the line whereas in
writing produced with a slow motion as in the
finger movement.
FAULTY
COORDINATION
FOLLOWING:
IS
CHARACTERIZED
BY
THE
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ASCENDER- is the
top portion of a
letter
or
upper
loop.
BASELINEmaybe
actually on a rules
paper, it might be
imaginary alignment of
writing; is the ruled
or imaginary line upon
which
the
writing
rests.
BEADEDPreliminary
embellished
initial
stroke
which
usually
occurs in capital
letter.
BEARDis
the
rudimentary initial up
stroke of a letter.
BLUNTthe
beginning
and
ending stroke of a
letter
(without
hesitation).
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 35
diacritic.
BOWLa
fully
rounded
oval
or
circular form on a
letter
complete
into O.
BUCKLE/BUCKLEKNOTA
loop
made
as
a
flourished
which
is
added to the letters,
as in small letter k
& b, or in capital
letter A, K, P;
the
horizontal
end
loop stroke used to
complete a letter.
CACOGRAPHYwriting.
bad
DESCENDERopposite
of
ascender,
the
lower portion of a
letter.
DIACRITICt
crossing and dots of
the letter I and
j; an element added
to complete a certain
letter, either a cross
bar or dot.
ENDING/TERMINATE
STROKE OF TOE- the
end stroke of a
letter.
EYE/EYELET/EYELOOP- a
small loop or curved
formed
inside
the
letters
inside
the
oval of the letters
a, d, o.
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individualize writing.
HESITATIONthe
irregular
thickening of ink
which
is
found
when writing slows
down or stop while
the
pen
take
a
stock
of
the
position.
HOOKa
minute
curve or ankle at
the
end
of
the
terminal
strokes,
or
at
the
beginning
of
an
initial
stroke;
the
minute
involuntary
talon
like
formation
found
at
the
commencement of an
initial up stroke
or
the
end
terminal stroke.
the
rounded
outside of the top of
the bend stroke or
curve in small letter.
KNOBthe
extra
deposit of ink in
the
initial
and
terminal
stroke
due to the slow
withdrawal of the
pen from the paper
LIGATURE/CONNECTIONThe
stroke
which
connects two stroke of
letter; characterized
by
connected
stroke
between letters.
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 37
(usually
applicable
fountain pen).
to
MAJUSCULEcapital letter.
MINUSCULEletter.
small
PATCHINGretouching
or going back over a
defective portion of a
written
stroke.
Careful
patching
is
comment
defect
on
forgeries.
PEN
LIFTan
interruption in a
stroke caused by
removing
the
writing instrument
from the paper.
RETRACE/RETRACING- Any
part of a stroke which
is super imposed upon
the original stroke;
any stroke which goes
back
over
another
writing stroke.
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 38
SHOULDEROutside
portion
of
top
curve,
small
letter
m
has
three
shoulders
and
the
small
letter
n
has
two,
the
small
letter h has one
shoulder.
TICK/HITCHAny
short
stroke,
which
usually
occurs at the top
of the letters.
TREMORA
writing
weakness portrayed by
irregular
shaky
strokes is described
as writing tremor
WHIRLThe
upstroke
of
a
looping ascender.
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 39
Movement
of
the
pen
away
from
the
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 40
HANDWRITING PROBLEMS:
a
A signature/handwriting contested by
author
which
in
reality
is
genuine
corresponds
perfectly
to
the
ordinary
habitual signatures of that person.
its
and
and
b
A signature/handwriting contested by its
author which in reality was written by him but in
a way which was different from the ordinary
manner and which is more or less different from
the common genuine signatures of that person.
c
A signature/handwriting contested by its
author which in reality was written by a third
person and which is a forgery written in an
attempted imitation of a model.
d
A spurious /handwriting written by somebody
who did not attempt to imitate the signature of a
person and who uses a fictitious name and this to
give his work the appearance of a signature.
e
An
uncontested
signature/handwriting,
in
fact, genuine but written by an unknown person
whose name must be deciphered by the document
examiner.
GENERAL CLASSES OF QUESTIONED WRITING
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 41
a
Forged or simulated writings in which the
attempt is made to discard one`s own writing and
assume the exact writing personality of another
person.
b
Those writing that are disguised and in which
the written seeks to hide his own personality
without adapting that of another.
HANDWRITING
FEATURES
CHARACTERISTICS
AND
OTHER
IDENTIFYING
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 42
and
uncommon
freedom
of
2
Restrained writing- there is lack of
freedom and inhibited movements. It gives you
the impression that every stroke was made with
great difficulty.
d Motor Coordination
e Shading
f Skill
g Alignment
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 43
h Pen pressure
i Connection
j Pen hold
k Rhythm
l Disconnections or pen lifts between letters
m Speed
n Slant as a writing habit
o Proportion
of
letters
characteristic or habit
as
an
individual
to
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h Marked simplification
capital letters.
of
letters
especially
i Rising line.
j Increased pen pressure.
k Increase in the margin to left at the beginning
of the line.
Indications of slow writing:
a Wavering forms and broken strokes.
b Frequent signs or tendencies to the left.
c Conspicuous certainly as to the location of the
dots of small letters I, j, or t crosses
with scarcely perceptible deviation from the
intended direction.
d Frequent pauses by meaningless
divided letters and retouches.
blobs,
angles,
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found
occasionally
in
his
in a
distinctive
initial
and
final
pen
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 46
CONCLUSION
IN
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CORRECT CONCLUSION
a Two writings are written by the same handcharacteristics
or
dents
and
scratches
should be in sufficient quantity to exclude
the theory of accidental coincidence.
b Writings are by different hands, we may find
numerous likeliness in class characteristics
but divergences in individual characteristics
or we may find divergences in both but the
divergence must be something more than mere
superficial differences.
c If the conclusion of identifying is reached,
there must not remain significant differences
that cannot reasonably be explained.
d Although there is no specific approach, the
document examiner always observed: Analysis;
Comparison; and Evaluation.
POINTS TO CONSIDER
IN EXAMINING EXTENDED WRITING (Anonymous,
threat, poison letters):
a Uniformity- Does the questioned writing have
smooth, rhythmic and free-flowing appearance
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 49
writing
aligned,
or
(-)
are
b In
block
capital
and
manuscript
writings,
personal individual rests principally in design,
selection, individual letter construction, size
ratios and punctuation habits. The initial step
in handwriting examination is to determine
whether the questioned handwriting and standards
were accomplished with:
A fluency of movement and a certainty of
execution indicative of familiarity with and
a
measure
of
skill
in
handwriting
of
conversely.
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 50
DISGUISES IN HANDWRITING
COMMON DISGUISES (SOME)
a Abnormally large writing.
b Abnormally small writing.
c Alteration in slant (usually backhand).
d Usually variation in slant within a single unit
of writing (within a single signature).
KINDS OF DISGUISES
a Change
versa.
of
slant-
from
right
to
left
or
vice
style)
to
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 51
b EVIDENCE
OF
HANDWRITING
ALCOHOLIC
INTOXICATION
IN
in
the
form
of
repeated
B. SIGNATURE
SIGNATURE 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 contests.
Microsoft Encarta Reference Library has these to
say about signature:
1. Signed name
2. Signing of name
3. Distinctive characteristics
SIGNIFICANT TERMS
a ASSISTED SIGNATURE. See Guided Signature.
b CROSS MARK. If properly witnessed, it can
legally stand for signature. Ballot marks are
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 52
IMITATED
forgery.
SIGNATURE.
Synonymous
with
freehand
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 53
Line Quality
Irregular, laborious,
lack of rhythm
shaky,
Size/Proportion
Larger,
wider,
inconsistent,
spacing after caps
Pen lifts
higher,
different
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 54
Angle/Slant
Pen Pressure
Circle
formation
Retouching
Loop formation
Stroke
formation
Wider
M's
and
W's,
more
squared
or
wedge-shaped
stokes
Alignment
Diacritics
Heavier
dots,
changes
Begin/end
strokes
Heavier
vertical
pressure,
blobbed,
position change or
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 55
slanting
THE EXAMINATION OF SIGNATURES IS CONSIDERED A
SPECIALIZED BRANCH OF HANDWRITING IDENTIFICATION, FOR
THE FOLLOWING REASONS:
a It is a word most practiced by many people and
therefore most fluently written.
b It is a means to identify a person and have a
great personal significance.
c It is written with a little
spelling and some other details.
attention
to
carrier,
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 56
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c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 58
tremors,
remnants
of
carbon,
retouching
(patching) indicates forgery. Produced, the
probability of genuineness
b Genuine
Signature
Deliberately
Modified
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 59
CHAPTER IV
IDENTIFICATION OF WRITING MATERIALS AND WRITING
INSTRUMENT
A. Writing Materials
While
an
expert
analyst
can
detect
many
instances of forgery, a good simulation can be
undetectable. One example of a forgery the experts
missed is the case of the "lost" Hitler diaries.
(Although there's a good reason why they missed it.)
In the 1980s, a man named Konrad Kujau, a
supposed collector of Nazi memorabilia, approached a
German publishing company with 60 handwritten
journals purported to be written by Adolf Hitler
that had, according to Kujau, just been discovered
in the wreckage of an airplane that had left Germany
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document`s
age
detection
thru
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did
not
change,
the
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of
oxidation
brought
about
by
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D. FOUNTAIN PENS
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 67
patented
the
first
ball
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g Could be hold
writing; and
in
almost
any
position
for
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c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 70
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often consist of a
carbon black and a
of oil, resins,
of these.
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the
principal
method
of
ink
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the various
inks.
dyes
used
in
the
manufacture
of
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yield
an
c The
first
ballpoint
inks
were
practically
without exception based on oleic acid. These
inks will flow out when a drop of benzene or
petroleum ether is applied to them.
d
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 76
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color
changed,
it
can
only
be
applied
successfully to a very recent writing. This
method can establish a difference in the age of
writings on one and the same document. The
solubility is determined by visual estimate of
the quantity of ink which can be withdrawn with
a drop of water from a stroke. It is necessary
however that the drop of water be applied to ink
stroke of the same intensity.
f Method based on the amount of ferrous iron in
the ink In iron gallotannate ink, the iron is
mainly present in the complex bound ferrous
form. As the manufacturing process goes on, the
ric gallotannate is formed. A drop of aa1dipyridyl reagent (1% of aa1-dipyridyl in 0.5N
HCL (normal hydrochloric acid)) is applied to
the ink stroke. The reagent is left in contact
with ink for 1 minute and then recovered with a
piece of filter paper. If ferrous iron is stil
present in the ink, the paper will show a red
zone of ferrous aa1-dipyridyl around the stain
of blue dyestuff. By repeating this test daily,
it is possible to check the decreases in the
ferrous iron in the ink by the changes in the
coloration of this red zone. However, this
method is applicable when the questioned writing
is not more than a few days old.
g Estimation of age based on the detection of the
dyes Iron gallotannate inks contain an organic
dye, (soluble blue) which is oxidized or at
least becomes insoluble complete or partially as
the ink ages. It is claimed that the organic dye
becomes completely insoluble in four to five
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 78
CHAPTER V
FORGERY, COUNTERFEITING AND FALSIFICATION
A. Forgery
FORGERY- 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.
CATEGORIES OF FORGERY
A. STIMULATED
OR
FREEHAND
IMITATION
FORGERYexecuted purely by simulation rather than by
tracing the outline of a genuine signature can
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 79
tracing
is
made
by
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&
Indirect
marks
just
over
the
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or
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Together
with
ultraviolet
light,
the
investigator should look at the banknote with a
hand lens.
He should pay particular attention to the
quantity of the portrait in the bank note. This
is the one extremely fine detail of a good
engraved plate.
The color of the ink should be compared with
color of a genuine banknote. It is very
difficult for counterfeiter to match exactly the
same shade of ink by genuine manufacturer.
COINS
These are pieces of metal stamped
authority, for use as money or
referring to metal currency.
by government
collectively
MAKING OF COINS
CASTING is the 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 is the making of an impression
of a coin or metal blank
by pressure.
CHARACTERISTICS
Genuine
grains
coins
show
an
even
flow
of
metallic
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elongated
depressions
&
are
not
sharp
&
prominent as in the genuine. The letterings &
numerals are low & worn out due to the lack of
sharpness of details. The readings are uneven &
shown signs of filing.
COUNTERFEIT
COINS
should
be
a A magnifying lens
b Comparing it with a know coin
DEFECTS IN CAST COIN ARE USUALLY CAUSED BY:
a Formation of air bubbles, or
b Removal of small parts of the sole along with
the coin.
The best place to examine a counterfeit coin is
on the edge since there are usually
special
milling marks or designs which are added to a
genuine coin by machinery.
COUNTERFEIT PASSPORT
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C. Falsification
any
handwriting,
Causing
it
to
appear
that
persons
have
participated in any act or proceeding when they
did not in fact so participate;
Attributing to persons who have participated in
act or proceeding statements other than those
in fact made by them;
Making untruthful statements in a narration of
facts;
c l a r i t o g . l o p e z j r . M P A / P A , L L B P a g e | 86
Making
any
alteration
or
intercalation
genuine document which changes its meaning;
in
oOo