DOCUMEN
T
LESSON 1
DOCUMENT
Any material containing marks, symbols, or signs either visible,
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.
The term “document” applies to writings; to words printed,
lithographed, or photographed; to maps or plans; to seals, plates, or
even stones on which inscriptions are cut or engraved. In its plural
form, “documents” may mean; deeds, agreements, title, letters,
receipts, and other written instruments used to prove a fact.
a) Latin word “documentum”,means “lesson, or example (in
Medieval Latin “instruction, or official paper”), or;
b) French word “docere”, means to teach.
QUESTIONE
DAny material which some issue has been raised or which is under
scrutiny.
QUESTIONED
DOCUMENT
One in which the facts appearing therein may not be true, and
are
contested either in whole or part with respect to its authenticity,
identity, or origin. It may be a deed, contract, will, election ballots,
marriage contract, check, visas, application form, check writer,
DISPUTED DOCUMENT
certificates, etc.
A term suggesting that there is an argument or controversy
over the
document, and strictly speaking this is true meaning. In this text,
as well as through prior usage, however, “disputed document” and
“questioned document” are used interchangeably to signify a
document that is under special scrutiny
STANDARD DOCUMENT
Are condensed and compact sets of authentic specimens which,
if adequate and proper, should contain a cross section of the
material from a known source.
"Standard" in question documents investigation, we mean those
things whose origins are known and can be proven and which can
be legally used as examples to compare with other matters in
question. Usually a standard consists of the known handwriting of a
person in such a case, "standard" has the same meaning as is
understood by the word "specimen" of handwriting
EXEMPLAR
A term used by some document examiners and attorneys to
characterize known material. Standard is the older term
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.
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 ASPECTS OF
DOCUMENTS
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LEGAL BASIS OF
DOCUMENTS
• In the case of People vs. Moreno, CA, 338 O.G. 119: any
written document by which a right is established or an
obligation is extinguished.
• In the case of People vs. Nillosquin, CA, 48 O.G. 4453: every
deed or instrument executed by person by which some
disposition or agreement is proved, evidenced or setforth.
• In relation to Criminal Jurisprudence under the Best Evidence
rule: any physical embodiment of information or ideas; e.g. a
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letter, a contract, a receipt, a book of account, a blur print, or
an X-ray plate (Black’s Law Dictionary).
KINDS OF DOCUMENTS:
PUBLIC DOCUMENT
• notarized by a notary public or competent public official with
solemnities required by law.(Cacnio vs. Baens, 5 Phil. 742)
OFFICIAL DOCUMENT
• issued by the government or its agents or its officers having
04the authority to do 08
so and the offices, which in accordance
with their creation, they are authorized to issue and be issued
in the performance of their duties.
KINDS OF DOCUMENTS:
PRIVATE DOCUMENT
• executed by a private person without the intervention of a
notary public or of any person legally authorized, by which
documents, some disposition or agreement is proved,
evidenced or set forth (US vs Orera, 11 Phil. 596).
COMMERCIAL DOCUMENT
• executed in accordance
04 08 with the Code of Commerce or any
Mercantile Law, containing disposition of commercial rights or
obligations.
KINDS OF DOCUMENTS:
NOTE:
A private document may become a public or official document
when it partakes the nature of a public or official record. So if the
falsifications committed on such a document that is, when it is
already a part of the public record, falsification of a public or
official document is committed. However, if such a private
document is intended to become a part of the public record, even
though
04 falsified prior 08
thereto, falsification of a public document is
committed.
End of
Slide
LESSON 1