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Basic Terminologies

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10 views

Basic Terminologies

Uploaded by

Johnlawrence Maure
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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BASIC TERMINOLOGIES

Document

❑ Any material which contains marks,


symbols or signs, (either visible, partially
visible or invisible), that may ultimately
convey a meaning or message to someone
Document
❑ Formal piece of writing that provides
information or that acts as a record of
events
Etymology of Document

WORDS:
❑ Docere or doceo (to teach)
❑ Documentum (lesson, proof, example)
❑ Document (French): record
Legal definition of Document

❑ a document that states a contractual


relationship, expresses a right, and
pertains to a legal matter
Legal definition of Document

❑ Any written document by which a right


is established or an obligation is
extinguished
Legal definition of Document

❑ any physical embodiment of information


or ideas such as letters, contacts, receipts,
etc. (Best evidence rule)
Not all writings are documents
❑ Draft of municipal payroll
❑ Mere blank forms of official documents
❑ Pamphlets or books which do not evidence an
agreement
Classification of Documents

A. Paper-based
B. Electronic
Paper-based document

❑ documents placed in a physical writing


material and instrument such as paper
and pen or pencil
Electronic document

❑ digital; paperless; advanced


❑ computer-generated documents stored
through utilization of computer software,
applications, and tools
❑ chats, messages, MS files
FACTORS PAPER-BASED ELECTRONIC-BASED

a. Storage • Requires physical space • Availability of disk


storage with gigabyte or
terabyte storage and
cloud storage
b. Destruction • Throwing or shredding • It can be deleted but
• Impossible to retrieve easily restored or
retrieved

c. Production • Requires writing and • Typing and copy-paste


photocopy mechanism
FACTORS PAPER-BASED ELECTRONIC-BASED

d. Durability • Subject to natural and • Prone to security


external deterioration breaches such as easy
• Can be physically stored corruption, transfer, and
in cabinets, safes, and deletion, but can be
vaults restored
e. Others • Need to physically carry, • Computer systems and
copy, change, or search tools allow easier
erasure, movement, and
searching of documents
Classification of Documents

❑ As to the legal definition:


a. Writings
b. Any other materials containing
modes of written expressions
Classification of Documents

❑ Public
❑ Official
❑ Private
❑ Commercial
Public Documents
❑ document created, executed, or issued by
a public official in response to the
exigencies of the public service or in the
execution of which a public official
intervened
Public Documents
a. Written official acts, or records of the
official acts of the sovereign authority, official
bodies and tribunals, public officers, whether
of the Philippines or of foreign country
Public Documents
EXAMPLES: Search warrant, warrant of arrest,
NBI Clearance, Police clearances, Barangay
clearance, and others…
Public Documents
b. Documents acknowledged before a notary
public except last wills and testaments
Public Documents
LAST WILL AND TESTAMENT:
a. holographic will: completely
handwritten and without the intervention
of a notary public
o Holo (whole) and graphien (writing)
Public Documents
LAST WILL AND TESTAMENT:
b. notarial will: written or printed
with the intervention of a notary public
Public Documents

c. Private documents kept as public records


Official Documents

❑ any instrument issued by the public


official in the exercise of the functions of
his office
Private Documents
❑ every deed or instrument executed by a
private person without the intervention of a
notary public, or any legally authorized
individual
Commercial Documents

❑ Any instrument executed in accordance with


the code of Commerce or any Mercantile law,
containing disposition of commercial rights or
obligations
❑ used to facilitate trade or credit transactions
Proof of Authenticity

❑ Public – not needed


❑ Private – need
❑ “ANCIENT DOCUMENT”
Proof of Authenticity

❑ PRIVATE:
a. Anyone who saw the writing executed
b. Evidence of the genuineness of the
handwriting of the maker
c. Subscribing witness
Ancient Document
❑ more than 30 years
❑ produced naturally where it can be
naturally be found
❑ unblemished by any alterations
Questioned Document
❑ any signature, handwriting, typewriting,
or other marks whose source or
authenticity is in dispute
Examination

❑ act of making a close and critical study


of something to discover facts about
them
Forensic Science
❑ field of science used in judicial processes
❑ application of scientific knowledge to solve
crimes
❑ possible due to the presence of physical
evidence left during the commission of crimes
Questioned Document Examination

❑ branch of forensic science that deals


with documents having suspicious
authenticity
❑ Forensic Document Examination
Forensic Document Examination

❑ scientific evaluation of documents –


handwritten, typewritten, and printed
documents
❑ paper bills, coins
❑ presence or absence of forgery and
counterfeiting
Expert Witness
❑ legal term to describe a witness who, by
reason of his special training or
experience is permitted to express an
opinion regarding the issue involved in
court action
Questioned Document Examiner

❑ one who studies scientifically the details


and elements of documents to identify
their source or discover facts concerning
them
Questioned Document Examiner

❑ forensic document examiner


❑ document analyst
❑ document examiners
❑ handwriting experts
❑ handwriting examiners
Primary functions:

❑ discovery of the facts


❑ demonstration of the facts
Duties or functions:

❑ evaluate and analyze physical features of


a document to ascertain authenticity and
authorship
❑ discover alterations, additions, and or
deletions
Duties or functions:

❑ decipher obliterations, develop intended


writing impressions
❑ write reports and give testimony to
arrive at the truth
Qualifications:

❑ Intellectual capacity: application of


principles, theories, and logical and
scientific analysis from the date to the
conclusion
Qualifications:

❑ Technical Know-how: understand and


use instructions or manuals; utilize
equipment; clearly differentiate inks,
restore obliterated texts, analysis of
typewritten documents, and others…
Qualifications:

❑ Visual Acuity: detailed perception and


observation of differences and similarities
in writing styles, sizes, and pressure, line
quality, color, and printing
Qualifications:

❑ Objective: “man of science”


o Independent of personal and
external biases
o Must not be an advocate of one
party in a litigation
Qualifications:

❑ Awareness: current trends in forgery to


innovate techniques for prevention and
identification

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