Professional Documents
Culture Documents
QD PPT 1
QD PPT 1
TO
QUESTIONED DOCUMENTS
“docere”
(teach) and
“documentum” (lesson/proof/example).
WHAT IS A DOCUMENT?
✓Itis a formal piece of writing
that provides information or
that acts as a record of events
(Microsoft Encarta Library)
WHAT IS A DOCUMENT?
✓ Legally,it is defined as any written
document by which a right is
established or an obligation is
extinguished (People vs. Moreno, CA,
338 O.G.119);
WHAT IS A DOCUMENT?
✓ Every deed or instrument executed
by person by which some disposition
or agreement is proved, evidenced or
set forth (People vs. Nillosquin, CA,
48 O.G 4453);
WHAT IS A DOCUMENT?
✓ Inrelation to criminal Jurisprudence
under the Best Evidence rule, document
is any physical embodiment of
information or ideas; e.g. a letter, a
contract, a receipt, a book of account, a
blueprint, or an X-ray plate (Black’s Law
Dictionary).
✓ Note:As for its legal implications,
NOT all writings can be constituted
as document. According to some
Supreme Court rulings, the following
cannot be constituted as document:
Writings which do not constitute
documents
✓ A draft of a Municipal payroll which
is not yet approved by the proper
authority
✓ Mere blank forms of official
documents, the spaces of which are
not filled up
Writingswhich do not constitute
documents
✓ Pamphlets or books which do not
evidence over disposition or
agreement are not document but
are mere merchandise.
Kinds of Document
Public
Commercial Private
Executed
Notarized
Issued
Exist only
Executedbyby
by
government
in electronic
aa private
notary public
accordance person
form
orwith
its such
or
agents
without
competent
the as or
codedata
the
its commerce
of stored
intervention
officers
publicon official
having
aorofany
a
with
notary
the
computer,
authority
solemnities
public
mercantile network,
to
or containing
law, do
any
required
so
back-up,
person
andby the
authorized.
law
archive
offices,orof
disposition which
other isstorage
in
commercial rights
accordance
media. (RA 8792
with their
or obligations. E-Commerce
creation, Act
theyofare
2000)Legality
authorized e-doc
to
issue and be issued in the performance of their duties.
Kinds of Document
Public
DOCUMENT
Notarized by a notary public or competent public official
with solemnities required by law
Kinds of Document
Private
DOCUMENT
Executed by a private person without the intervention of a
notary public or any person authorized.
Kinds of Document
DOCUMENT Official
Electronic DOCUMENT
Exist only in electronic form such as data stored on a
computer, network, back-up, archive or other storage
media. (RA 8792 E-Commerce Act of 2000)Legality e-doc
Kinds of Document
Commercial
DOCUMENT
Executed in accordance with the code of commerce or any
mercantile law, containing disposition of commercial rights
or obligations.
WHAT IS A QUESTIONED DOCUMENT?
One in which the facts appearing therein are not
true, and are contested either in the whole or in
part with respect to its authenticity identity, or
origin.