CHAPTER III.
SIGNATURE IDENTIFICATION
Objectives:
1. - Discuss signature and forgery.
2. Examine, compare and evaluate questioned signatures.
3. Identify the methods used in a forged signature
4. Collect sufficient and reliable standard signature
5. Apply appropriate techniques in the examination of different kinds of
forged or questioned signature.
6. Apply and value laws on forgeries and falsification of documents.
Signature – It is the name of the person written by him/her in a document as a sign of
acknowledgment.
- A name or a mark that a person puts at the end of a document to attest that he is
the author or that he ratifies its content.
- A distinctive mark, characteristic or thing that identifies somebody.
In Criminal Law the term Signature includes two conditions when the signing person (signee)
cannot write his name:
1. Signature maybe any mark (usually fingerprint).
2. The act of signing should be witnessed by another person who writes his own name
as a witness.
****An exception is when the signee executes an affidavit or deposition before judicial officer.
In such case, the attestation of the officer is sufficient… e.g Special Power of Attorney*****
Forgery
- Forgery is intent to defraud; a legal term which involves not only a non-genuine
document but also intent on the part of the maker to defraud.
- Outside of the courtroom however, forgery is used synonymously with fraudulent
signature or spurious document.
- The making or altering of a written instrument for fraud or deceit.
Kinds of Signature as to the Document
1. Formal –mostly found in documents of importance
2. Informal –mostly found in documents which are part of daily routine/activities
3. Careless Scribble
Kinds of Signature as to Design/composition
1. Conventional/Copybook form
2. Personalized/Individualized
a. semi – personalized -
b. highly individualized
CLASSES OF DISPUTED/QUESTIONED SIGNATURE
1. Forged signature where no attempt has been made to make a copy of facsimile of
the genuine signature of the person purporting to sign the document. (Simple or
Spurious forgery)
2. Forged signature of a fictitious person.
3. Forged signature which closely resembles the genuine signature since it was produced
by tracing process. (Traced Forgery)
4. Forged signature which resembles the genuine signature written with free hand.
(Simulated or Freehand Imitation Forgery)
5. Genuine signature which the writer refuses to admit as genuine.
- When no presence of tremors, retouching and poor line quality but instead the
obvious features are the one absent, and provided that the minute details in the
signature are present or correctly reproduced, the probability of genuineness.
6. Genuine signature obtained by trickery.
7. Genuine signature deliberately modified.
- Examination of this kind of signature will confidently discover that the modification
is only on the prominent features of the letter designs that are pointed out by the
disclaimer, while the rest appear to be normal. There are no unnatural tremors and
retouching minute details in genuine signatures are present.
Classes of Forged Signature (Common Types of Non-genuine Signature)
1. Simulated Signature or Freehand forged signature – the free handwriting in imitation of
a model signature or a copy. It is copying or imitating another using the original as the
model.
- In simulated signature the writer views a genuine signature as a model, as a basis to
“draw’ or copy by hand while freehand forged signature, the forged signature is
purported to represent the signature of a particular person but it was written in the
forger’s normal handwriting, with no apparent attempt to copy any likeness of that
particular person’s signature. A forger in this instance draws, not writing.
Two Ways of Simulating a Signature
1. Use of actual model signature at hand
a. slow drawing movement
b. unnatural starts and stops
c. lack of rhythm
d. uncertainty of letter conformations
e. touch up strokes and patching
2. without the use of an actual model signature at hand
2. Traced Forgery – this type of forged signature is a tracing of a genuine signature.
Classification of Traced Forgery
1. Direct Tracing – it is a copy made by transmitted light. The genuine signature
is expose under strong light that can reflect the signature to the questioned
document and the visible outline is followed with a pen or pencil to create a
forgery.
Indications:
a. Sluggish
b. Unnatural executions
c. Heavy and irregular uncertainty
2. Indirect tracing (Carbon process)– the forger use a carbon paper and place
the document on which he will trace the forged signatures under the
document bearing the model signature with carbon paper between the two.
o In this type it could be easily detected by the scattering of carbon remnants
on the forged document.
o In indirect tracing it also shows slow, irregular drawing execution.
3. Indentation Process – the document containing the model signature is placed
on top of the forged document. The forger traces with considerable pressure
over the genuine signature using a pencil, pen, stylus or similar instruments
that create an indent signature outline on the document being forged. Later,
this depression outline is overwritten using a writing instrument.
Indications;
a. There is slow and unnatural execution
b. The presence of indentations and depression (canal)
c. Lack of precise coincidence between the indented signature outline
3. Simple Forgery or Spurious forgery
– a fraudulent signature in which there was no apparent attempt at simulation or
imitation. It is a common form of forgery encountered in fraudulent check investigations where
person passing the check depends on the surrounding circumstances, rather upon the quality of
the signature for his success.
– is a kind of forged signature in which the writer writes something that resembles what
is ordinary identified as signature. The forger does not copy a model; instead, he uses a false
name and makes a rapid stroke, disturbing his usual style by adopting a camouflage called
disguise. In this case, the forger can be identified by comparing his original signature and other
writings to the disguise.
Indications of Genuine Signature
To determine the genuineness of a Questioned Signature after it is compared with the specimen
signature, the following indicators are considered;
1. Habitual speed of writing
2. Firmness of strokes (absence of unnatural tremors)
3. Degree of skill
4. Fundamental muscular movement
5. Natural variations
6. Rhythm, coordination, continuity and precision
- absence of pen stops at wrong places as in the curve or straight lines - pen stop in
genuine signature are irregular and usually found at the ink
7. Smooth line quality
8. Presence of vanishing and flying strokes
9. Absence of retouching
Indications of Forgery
1. Hesitation (shown by unnatural pen stop, pen lift and uncertainty of movement)
2. Patching – careful patching or retouching
3. Tremors
4. Drawn quality
5. Lack of natural variation
6. Lack of rhythm