QUESTIONED DOCUMENT 1 Forensic
Автор: Afries Crimvlog
Загружено: 2020-06-20
Просмотров: 20743
Criminology Board Exam ( CLE Reviewer )
Questioned Document Examination ( CRIMINALISTICS / Forensic Science Lecture )
Different Kinds of Documents
DOCUMENT-Any material that contains a mark symbol or sign, either visible, partially visible or invisible that may presently or ultimately convey a meaning or a message to someone.
Latin word “documentum”, means “lesson,
French word “docere”, means to teach.
LEGAL BASIS OF DOCUMENTS
(People vs. Moreno) CA, 338 O.G. 119: any written document by which a right is established or an obligation is extinguished.
(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.
under the Best Evidence rule: any physical embodiment of information or ideas; e.g. a letter, a contract, a receipt, a book of account, a blur print, or an Xray plate (Black‟s Law Dictionary).
WRITING WHICH DO NOT CONSTITUTE DOCUMENTS
A draft of a Municipal payroll which is not yet approved by the proper authority (People vs. Camacho, 44 Phil. 484)
Mere blank form of official documents, the spaces of which are not filled up (People vs. Santiago, CA, 48 O.G. 4558).
Pamphlets or books which do not evidence any disposition or agreement are not documents but are mere merchandise (People vs. Agnis, 47 Phil. 945).
Questioned Document – document to which an issue has been raised or which is under scrutiny. The focal point of the examination and to which the document examiner relies as to the extent of the problem. Also referred as “Disputed Document”
CLASSIFICATION OF QUESTIONED DOCUMENT
Document with questioned signature
Document containing fraudulent alteration
Holographic document – a document completely written and signed by one person
Document questioned as to the material used in their production
Documents involving typewriting
Document questioned as to their date or age
Document which may identify a person through handwriting
Genuine document erroneously or fraudulently attacked/disputed
Document containing printing or type prints
Standard Document – document which the origin is known and can be proven and can be legally be used as sample to compare with other things is questioned
TYPE OF STANDARD DOCUMENT
Collected/Procured – standard specimen executed in the regular course of man’s activity or that which are executed on the day to day writing activity.
Requested/Dictated – “post litel motam” a standard document which are executed upon request, they are prepare at one time.
LEGAL CLASSIFICATION OF DOCUMENT
Public - any instrument notarized by a notary public or competent public official with the solemnities required by law.
Official - any instrument issued by the government or its agents or officers having authority to do so and the offices, which in accordance with their creation, they are authorized to issue.
Public document is broader than the term official document. Before a document may be considered official, it must first be public document. To become an official document, there must be a law which requires a public officer to issue or to render such document.
Private – every deed or instrument by a private person without the intervention of the notary public or of any other person legally authorized, by which document some disposition or agreement is proved, evidenced or set forth.
Commercial Document refers to any instrument executed in accordance with the Code of Commerce of any mercantile law containing disposition of commercial rights or obligations.
Other Types of Documents
Contemporary documents is a term used to refer a documents which are not more than five (5) years before or after.
Electronic Document – information, data, figures, symbols or other modes of written expression, described or however represented which is received, recorded, transmitted, stored, processed, retrieved or produced electronically.
Ancient Document – A document that is more than 30 years kept in a place where it is normally to be found it genuine and not embellished by any alteration
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