Thursday, July 10, 2014

How the genuineness of a handwriting may be proved

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● Under the Rules of Court, the genuineness of a handwriting may be proved by the following:

(1) A witness who actually saw the person writing the instrument;

(2) A witness familiar with such handwriting and who can give his opinion thereon, such opinion being an exception to the opinion rule;

(3) A comparison by the court of the questioned handwriting and admitted genuine specimen thereof; and

(4) Expert evidence.

The law makes no preference, much less distinction among and between the different means stated above in proving the handwriting of a person. It is likewise clear from the foregoing that courts are not bound to give probative value or evidentiary value to the opinions of handwriting experts, as resort to handwriting experts is not mandatory.


● The passage of time and a person’s increase in age may have decisive influence in his handwriting characteristics. Thus, in order to bring about an accurate comparison and analysis, the standards of comparison must be as close as possible in point of time to the suspected signature. As correctly found by the appellate court, the examination conducted by the PC-INP Crime Laboratory did not conform to the foregoing standard. Recall that in the case, the signatures analyzed by the police experts were on documents executed several years apart. A signature affixed in 1958 or in 1962 may involve characteristics different from those borne by a signature affixed in 1970. (Domingo vs DomingoG.R. No. 150897, April 11, 2005)

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