CHAPTER 3 Flashcards
-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
DOCUMENT
applies writings: to words printed, lithographed, or photographed; to maps or plans; to seals, plates, or even stones on which inscriptions are cut or engraved.
DOCUMENT
may mean deeds, agreements, title, letters, receipts, and other written instruments used to prove a fact
DOCUMENT
- Latin word “DOCUMENTUM’, means “lesson or example” while in Medieval Latin “instruction or paper” or
DOCUMENT
-French word “DOCERE” means “to teach”
DOCUMENT
means “lesson or example” while in Medieval Latin “instruction or paper” or
“DOCUMENTUM’,
means “to teach”
“DOCERE”
- _____ word “DOCUMENTUM’, means “lesson or example” while in Medieval Latin “instruction or paper” or
Latin
-____ word “DOCERE” means “to teach”
French
-A term used by some document examiners and attorneys to characterize known material.
EXEMPLAR
- 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.
QUESTIONED DOCUMENT
- A term suggesting that there is an argument or controversy over, the document, and strictly speaking this is true meaning.
DISPUTED DOCUMENT
-Any material which some issue has been raised or which is under scrutiny
QUESTIONED
means under investigation
scrutiny
-It may be a deed, contract, will, election ballots, marriage contract, check, visas, application form, check writer, certificates, etc
QUESTIONED DOCUMENT
are used interchangeably to signify a document that is under special scrutiny.
disputed document” and “questioned document”
-In this text, as well as through prior usage, however, ________ and “questioned document” are used interchangeably to signify a document that is under special scrutiny.
DISPUTED DOCUMENT
KINDS OF DOCUMENT
- PUBLIC DOCUMENT
- OFFICIAL DOCUMENT
- PRIVATE DOCUMENT
- COMMERCIAL DOCUMENT
any document completely written and signed by one person also known as a
HOLOGRAPH
-Are condensed and compact set of authentic specimens which, if adequate and proper, should contain a cross section of the material from a known source
STANDARD (STANDARD DOCUMENT)
- any document completely written and signed by one person also known as a HOLOGRAPH
HOLOGRAPHIC DOCUMENT
collections of typewriting, check writing specimens, inks, pens, pencils, and papers are frequently maintained.
REFERENCE COLLECTION
-in a number of jurisdictions, a holographic will can be probated without anyone having witnessed its execution
HOLOGRAPHIC DOCUMENT
-Standard is the older term
EXEMPLAR
Examples: Birth certificate issued by PSA, Marriage certificate issued by the registrar of the municipality
OFFICIAL DOCUMENT
-notarized by a notary public or competent public official with solemnities required by law. (Cacnio vs.Baens, 5 Phil. 742)
PUBLIC DOCUMENT
- Material compiled and organized by the document examiner to assist him in answering special questions.
REFERENCE COLLECTION
-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
OFFICIAL 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 public or agreement is proved, evidenced, or set forth (US vs Orera, 11 Phil. 596).
PRIVATE DOCUMENT
-executed in accordance with the Code of Commerce or any Mercantile Law, containing disposition of commercial rights or obligations.
COMMERCIAL DOCUMENT
-is considered the landmark law in the history of the Philippines since it has placed the Philippines among the countries penalizing cybercrime (June 14, 2000)
REPUBLIC ACT 8792
- exist only in electronic form such as data stored on a computer, network, back-up, archive, or other storage media.
ELECTRONIC DOCUMENT (E-DOCUMENT)
-Examples of documents subjects to e-discovery are e-mails, instant message, e-calendars, audio files, data on handheld devices, animation, metadata, graphics, photographs, spreadsheets, websites, drawings, and other types of digital data. (Governed by RA 8792)
ELECTRONIC DOCUMENT (E-DOCUMENT)
-Likewise, the Supreme Court drafter the RULES ON ELECTRONIC EVIDENCE which took effect on August 1, 2000 to emphasize the admissibility of evidence in electronic form, subject to its authenticity and reliability
REPUBLIC ACT 8792
- Any matter made a part of the document after its original preparation may be referred to as addition
ADDITION
–a.k.a “ELECTRONIC COMMERCE ACT OF 2000”
REPUBLIC ACT 8792
-Likewise, the Supreme Court drafter the RULES ON ELECTRONIC EVIDENCE which took effect on __________ to emphasize the admissibility of evidence in electronic form, subject to its authenticity and reliability
August 1, 2000
–its kinds is: INSERTION OR INTERLINEATION
ADDITION
-A scientific ______ results from relating observed facts by logical, common sense reasoning in accordance with established rules or laws.
CONCLUSION
is not admissible in court however in every general rule there is an exemption which is the ORDINARY WITNESS with sufficient familiarity over handwriting
OPINION
-Document examiners are often referred to as ___________________ but today the work has outgrown this latter title and involves other problems than merely the examination of handwriting.
HANDWRITING IDENTIFICATION EXPERTS
-The document examiners conclusion, in legal term is referred to as
OPINIONS
-One who studies scientifically the details and elements of documents to identify their source or to discover other facts concerning them
DOCUMENT EXAMINER
LIGHT COME FROM ON THE ABRASIVE ERASURE WHERE?
SIDE
- The removal of writings, typewriting or printing, from a document is an erasure.
ERASURE
-in which the writing is removed or bleached by Mechanical or chemical agents (e.g., liquid ink eradicator); and
CHEMICAL ERADICATION
-It maybe accomplished by either of two means:
1.CHEMICAL ERADICATION
2. ABRASIVE ERASURE/ MECHANICAL ERASURE
ERASURE
- the writing is effaced by rubbing with a rubber eraser or scratching out with a knife or other sharp with implement
ABRASIVE ERASURE/ MECHANICAL ERASURE
-Various types are undertaken, including microscopic, visual photographic, chemical, ultraviolet, and infra-red examination
EXAMINATION
-It is the act of making a close and critical study of any material and with questioned documents, it is the process necessary to about them.
EXAMINATION
- A legal term used to describe a witness who by reason of his special training or experience is permitted to express an opinion regarding the issue, or a certain aspect of the issue, which is involved in court action.
EXPERT WITNESS
-His purpose is to interpret technical information in his particular specialty in order to assist the court in administering justice.
EXPERT WITNESS
-Generally, not regarded as conclusive, but purely advisory in character
SECTION 49: OPINION OF EXPERT WITNESSES
-The document examiner testifies in court as an
EXPERT WITNESS
-The opinion of a witness on a matter requiring special knowledge, skill, experience or training which he shown to possess, may be received in evidence
SECTION 49: OPINION OF EXPERT WITNESSES
-The opinion of witness is not admissible, except in the following sections:
SECTION 48
-Courts are not bound by the experts findings
SECTION 49: OPINION OF EXPERT WITNESSES
-Courts are not bound by the experts findings
-Generally, not regarded as conclusive, but purely ______
advisory in character
-The professional experience, education, and ability of a document examiner before he is permitted to testify as an expert witness, the court must rule that he is qualified in his field.
QUALIFICATION
- In legal language, it refers to the document examiner’s conclusion.
OPINION/CONCLUSION
-In Court, he is not only expressing an opinion but demonstrate the reasons for arriving to it.
OPINION/CONCLUSION
- Material compiled and organized by the document examiner to assist him in answering special questions.
REFERENCE COLLECTION
collections of typewriting, check writing specimens, inks, pens, pencils, and papers are frequently maintained.
REFERENCE COLLECTION
include the addition of writing and other material between lines or paragraphs
INTERLINEATION