The Private Practice of Forensic Document Examiner PDF

**The Private Practice of Forensic Document Examiner** **Legal Mandate, Qualifications, Ethics and Professional Growth** **By: Dr. Jonas A. Gonzales, RCrim** **Forensic Document Examiner** **Objectives** 1. Recognized the legal framework surrounding the private practice of forensic special...

**The Private Practice of Forensic Document Examiner** **Legal Mandate, Qualifications, Ethics and Professional Growth** **By: Dr. Jonas A. Gonzales, RCrim** **Forensic Document Examiner** **Objectives** 1. Recognized the legal framework surrounding the private practice of forensic specialists, including mandates, regulations, and compliance requirements; 2. Identify the necessary qualifications and credentials to qualify as an expert witness; 3. Explore ethical considerations with an emphasis on maintaining professional integrity; 4. Recognize opportunities for professional growth and development including ongoing education, skill enhancement, and career advancement. 5. Accept and examine cases that require forensic expertise and appear in court as expert witness. I. **THE PRACTICE OF CRIMINOLOGY PROFESSION IN THE PHILIPPINES** What law mandated the legality of the practice of criminology profession in the Philippines? The Practice of Criminology Profession is mandated under Republic Act No. 11131, an act regulating the practice of Criminology Profession in the Philippines. It is otherwise known as "The Philippine Criminology Profession Act of 2018\" (Section 1). Paragraph c, section 5 of RA 11131, (Scope of Practice) provides that the practice of criminology shall include, but shall not be limited to, acts or activities performed: 1. As a technician; 2. examiner/criminalist, or specialist in; a. dactyloscopy, b. questioned document, c. deoxyribonucleic acid (DNA), d. lie detection, e. firearms identification, f. forensic photography, g. forensic chemistry and, h. other scientific crime detection and investigation. **ARTICLE IV: PRACTICE OF CRIMINOLOGY** **SEC. 27. Lawful Practitioners of Criminology**. - The following persons shall be authorized to practice the criminology profession: a. Natural persons: 1. Duly registered criminologists and holders of valid certificates of registration and valid professional identification cards issued by the Board and the Commission pursuant to R.A. 11131. b. Juridical persons: 2. Single proprietorship whose owner and technical staff are registered criminologists; 3. Partnership duly registered with the Securities and Exchange Commission (SEC) as professional partnership pursuant to the Civil Code and composed of partners majority of whom are registered criminologists: 4. Corporation duly registered with the SEC as engaged in the practice of criminology and with officers and Board of Directors who are all registered criminologists: and 5. Association and cooperative duly registered with the appropriate government agency as a non-stock corporation where majority of the officers, Board of Trustees and members are registered criminologists. These juridical persons shall also be registered with the Board and the Commission in accordance with the rules and regulations thereon. **SEC. 28. Seal, Issuance and Use of Seal.** - There shall be a seal to be exclusively and legitimately used by the practitioners of the criminology profession which shall be distributed by the Board through the APO. The Board shall also design a badge or a pin with the image of the seal in it and which shall be used by criminologists to manifest his/her authority while practicing the criminology profession. The Board shall issue the specific guidelines for this purpose. **PRB of Criminology, Resolution No. 10 series of 2023.** Prescribing the rules on the adoption, issuance, distribution, and use of the Seal, Pin, or Badge and the indication of relevant information in the practice of the criminology profession pursuant to section 28 and 31 of Republic Act No. 11131 and its implementing rules and regulations. **ARTICLE I - THE SEAL OF REGISTERED CRIMINOLOGISTS** **Section 2. - USE OF THE SEAL** The seal herein approved shall be used by all Registered Criminologists in the official performance of their duties and responsibilities while practicing the Criminology profession in any of the scope of practice as stated in Section 5 of R.A. No. 11131. The seal shall be in a form of a dry seal to be affixed or stamped on the document executed by a Registered Criminologist. Below is the official dry seal for use by all Registered Criminologists. **ARTICLE II - INDICATION OF THE REQUIRED PROFESSIONAL CIRCUMSTANCES** **Section 1. REQUIRED RELEVANT INFORMATION/PROFESSIONAL CIRCUMSTANCES** The following are the required relevant information/professional circumstances that must be indicated below the name of Registered Criminologists in the documents they execute or sign, use or issue in connection with the practice of the Criminology profession: 1. COR number and date of issuance; 2. The expiry of the PIC; 3. The Professional Tax Receipt (PTR) number and date of issuance; 4. The APO membership number and date with official receipt number and date of membership payment (annual/lifetime); and 5. Other requirements which the Board, in the exercise of their functions and mandate, may reasonably require. Below is the official template/format in indicating the professional circumstances of Registered Criminologists. **DR. JONAS A. GONZALES, RCrim.** COR No. 0004255 Validity of PIC until November 11, 2025 PTR No. 8483577, January 15, 2024, Iloilo City PCAP Membership No. 2017 -- 07 - 20130 PCAP OR No. 54321, February 21, 2024, Manila City **Section 2. PERSONS REQUIRED TO INDICATE THE PROFESSIONAL CIRCUMSTANCES** Only persons practicing the Criminology profession shall be required to comply with the provisions of the immediately preceding Section. This includes those who were issued the STP (special temporary permit) to practice the profession. Provided, that those who are practicing the profession while employed in government or public offices may be exempted from the PTR requirement. II. **QUALIFICATION OF AN EXPERT WITNESS** 1. Educational Attainment 2. Registered Criminologist and has complied with all the requirement prescribed under a. Section 5, 27, and 28 of Republic Act No. 11131 and its implementing rules and regulations; and b. Section 2, Article 1 and section 1 Article 2 of the PRB of Criminology, Resolution No. 10 series of 2023. 3. Expertise acquired through: c. Seminar/training/workshops administered by recognized training institution/organizations; d. Specialization courses; e. Research. 4. Experience acquired through f. Academics. Handling/teaching the subjects. g. Appeared in court as an expert witness. III. **Procedures/Protocols in the conduct of forensic examinations.** 1. Letter request from the legal counsel asking your services as a forensic examiner/specialists. 2. Prepare a reply or contract. Lay down the details of your services including your professional fees and appearance fees. a. In my practice, I ask 50% down payment and the balance after the result is release. 3. Submission of questioned document and standard document. b. Make a receipt of all documents submitted, indicate the nature of the specimens submitted (original or photocopy) c. If all specimens are originals, proceed to the scientific examination. d. If photocopy; i. Through the legal counsel, make a letter request to the office or agency concern to conduct an onsite examination on the said documents. ii. If denied, the legal counsel will motion to the court for a subpoena duces tecum. Examination will be conducted inside the court during a scheduled trial. 4. Conduct examination, reduce in writing and submit the report to your client. 5. If the results is favorable to your clients, you will be presented to testify in court. 6. Preparation of your judicial affidavit. e. JA is submitted to the court copy furnish the adverse party NOT less than five days before the scheduled trial. 7. Appeared in court to testify as an expert witness. IV. **The Trial** a. Offer of expert testimony i. Markings of evidence ii. Qualifying round -- the most difficult of all is the determination of the qualification that you are indeed an expert. b. Direct and cross examination -- sometimes, some legal counsel do not conduct a direct examination. Your JA will serve a direct testimony subject to cross examination of the adverse party. c. Re -- direct and re -- cross examinations d. Supplemental/clarificatory questions. e. Termination of the witness. *(expect that trial may continue to the next schedule, providing a more time for the cross examination to prepare their questions. Sometimes, the judge will give another schedule for clarificatory questions.)* V. **The FQDE Report** There is NO standard questioned document examination report. As a private practitioner, your report must create a good impression to the court. Parts of FQDE Report QDE NO: DATE RECEIVED: NAME OF THE CASE: REQUESTING PARTY: SPECIMEN SUBMITTED PURPOSE OF QUESTIONED DOCUMENT EXAMINATION: METHODOLOGY: FINDINGS: with attachment CONCLUSIONS: DATE FINISH: SIGNATURE AND CIRCUMSTANCES VI. THE FORENSIC EXPERT IN COURT LITIGATION f. PREPARATION BEFORE TRIAL iii. Review the concept and principles of QDE: (The expert witness must have the confidence in his opinion, which is based upon his knowledge, experience and proper preparation. Confidence is an intelligent faith based on fact). iv. Conference with your counsel: (The expert witness before testifying in court must have his evidence and testimony adequately prepared and should have at least one pre-trial conference with the legal counsel) v. Study your JA vi. Prepare all necessary materials to be presented in court 1. Copy of FDQE report 2. JA 3. Original copy of all attachment (arrange in order similar to your JA) g. During trial vii. Wear formal attire. viii. Arrive at the court at least 30 minutes before the hearing schedule. ix. Enter the courtroom with confidence. Sit and Relax while waiting for your turn. x. Maintain a good posture xi. During examination: 4. Answer questions in simple and clear language, understandable by both parties, especially to the presiding judge. Use distinct and expressive sentence with a simple, clear and logical presentation. 5. Present your opinion in a friendly spirit. Be natural and speak in a normal manner-down earth and congenial. Sincerity is displayed by the expert in the manner of his speech. xii. Always remember, address the lawyer as "Mam/Sir" and the presiding judge as " Your Honor". If the Law has made YOU... a witness,, YOU will... remain a man of science. YOU have no victim to avenge, No guilty or innocent to ruin or save. YOU will... bear witness within the limits of Science.