Kinds and Classification of Documents, Legal
Meaning of Document.
THE IMPORTANCE OF DOCUMENTS
Documents capture key moments in a person's life, from birth to
death. Before birth, personal notes or medical records can signify a
new life. After birth, a birth certificate officially confirms a person's
existence. Similarly, after death, documents like a last will, obituary,
or tombstone inscriptions serve as testaments to a person's life and
passing, with the death certificate marking the official end.
A person's life is documented beyond birth and death certificates. The in-
between years generate numerous records, such as medical notes, school
reports, diplomas, love notes, marriage proposals, and marriage certificates.
These documents chronicle milestones and everyday moments, ultimately
starting the cycle anew with the birth of a new generation.
Documents fill a person's life, from employment and professional records to
retirement and ultimately, a death certificate, chronicling their journey.
GENERAL DEFINITION OF TERMS
A. Document. A document is any material with marks, symbols, or signs that convey meaning,
including writings, prints, maps, and other written instruments used to record or prove information.
Latin word "documentum", means "lesson, or example (in Medieval Latin "instruction, or official
paper"), OR
• French word "docere", means to teach.
According to Microsoft Encarta Reference Library As a verb, Microsoft Encarta gives the
(as a noun): following definition:
1. formal piece of writing 1. record information in or on mediat
2. object containing information 2. support a claim with evidence
3. computer file
B. Questioned. Any material which C. Questioned document.
some issue has been raised or It's a document with questionable
which is under scrutiny. authenticity, identity, or origin, where the
facts are contested, and can include
various types like deeds, contracts, or
certificates.
D. Disputed document. "Disputed
document" and "questioned document" E. Standard (Standard Document) - Are
are often used interchangeably to refer condensed and compact set of
to a document under scrutiny or authentic specimens which, if adequate
controversy. and proper, should contain a cross
section of the material from a known
source
In questioned document investigation, a
"standard" refers to known, proven
samples (like handwriting specimens)
used for comparison to verify
authenticity.
F. EXEMPLAR. A TERM USED BY SOME DOCUMENT
EXAMINERS AND ATTORNEYS TO CHARACTERIZE KNOWN
MATERIAL. STANDARD IS THE OLDER TERM.
G. HOLOGRAPHIC DOCUMENT. ANY DOCUMENT
COMPLETELY WRITTEN AND SIGNED BY ONE
PERSON; ALSO KNOWN AS A HOLOGRAPH. IN A NUMBER
OF JURISDICTIONS A HOLOGRAPHIC WILL CAN BE
PROBATED WITHOUT ANYONE HAVING WITNESSED ITS
EXECUTION.
H. REFERENCE COLLECTION. MATERIAL COMPILED AND
ORGANIZED BY THE DOCUMENT EXAMINER TO ASSIST HIM
IN ANSWERING SPECIAL QUESTIONS. REFERENCE
COLLECTIONS OF TYPEWRITING, CHECK WRITING
SPECIMENS, INKS, PENS, PENCILS, AND PAPERS ARE
FREQUENTLY MAINTAINED.
LEGAL ASPECT OF DOCUMENTS
A. LEGAL BASIS OF DOCUMENTS:
1. AS A WRITTEN DOCUMENT ESTABLISHING A RIGHT OR EXTINGUISHING
AN OBLIGATION (PEOPLE VS. MORENO).
2. AS A DEED OR INSTRUMENT PROVING A DISPOSITION OR AGREEMENT
(PEOPLE VS. NILLOSQUIN).
3. IN CRIMINAL JURISPRUDENCE, AS ANY PHYSICAL EMBODIMENT OF
INFORMATION OR IDEAS, LIKE LETTERS, CONTRACTS, OR RECEIPTS
(BLACK'S LAW DICTIONARY).
B. KINDS OF DOCUMENT:
1. Public Document notarized by a notary public or competent public official
with solemnities required by law. (Cacnio vs. Baens, 5 Phil. 742)
2. Official Document issued by the government or its agents or its officers having the
authority to do so and the offices, which in accordance with their creation, they are
authorized to issue and be issued in the performance of their duties
There are three types of documents:
3 . Private Document: Created by a private person without notarization,
proving an agreement or disposition.
4. Commercial Document: Executed according to the Code of Commerce,
involving commercial rights or obligations.
5. Electronic Document (E-Document): Digital data stored electronically,
including emails, audio files, and more, governed by RA 8792.
WRITINGS WHICH DO NOT CONSTITUTE DOCUMENTS - based on some
Supreme Court Rulings.
The following are NOT considered documents:
1. Unapproved drafts (like a municipal payroll draft).
2. Blank forms without filled spaces.
3. Pamphlets or book s that don't ev idence a d i s p o s i t i o n o r a g r e e m e n t ,
classified as merchandise instead.
CLASSES OF QUESTIONED DOCUMENTS
1. Documents with questioned signatures.
2. Questioned documents alleged to have been containing fraudulent alterations
3. Questioned or disputed holographic wills. a. Holographic Will-will entirely written in the
handwriting of the testator b. Notarial Will signed by the testator acknowledge before a notary
public with 3 witnesses.
4. Documents investigated on the question of typewriting. a. with a view of ascertaining their
source b. with a view of ascertaining their date c. with a view of determining whether or not they
contain fraudulent alterations or substituted pages
.5. Questioned documents on issues of their age or date.
6. Questioned documents on issues of materials used in their production.
7. Documents or writings investigated because it is alleged that they identify some persons through
handwriting.
a. anonymous and disputed letters, and
b. Superscriptions, registrations and miscellaneous writings.