NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION 3. SIGNIFICANT GRAMMAR RULES Mastering grammar rules requires mindfulness and constant practice to ensure that the language is precise. While errors are not entirely avoidable, it will help to remember some of the most significant rules, which will be discussed in this chapter. 3.1. Pluralizing legal terms Generally, to pluralize a compound noun, add -s at the end of the chief element of the compound.' Examples: Singular form Plural form Deed of sale Deeds of sale Certificate of ancestral] Certificates of ancestral domain title domain title Board of directors Boards of directors Bill of lading Bills of lading Petitioner-in-intervention | Petitioners-in-intervention Lieutenant general Lieutenant generals (Here, the noun is “general”) 3.2. Articles Use “the” when the noun is definite. Use “a” or “an” when the noun is indefinite. Examples: This Court required respondent to file a comment on the Petition within 30 days after it receives the directive. The workers formed a union to negotiate their wages and benefits. (In this sentence, “union” begins with a consonant sound even if it starts with a vowel.) * WriutaM A. SaBIN, THE GREGG REFERENCE MANUAL: A MANUAL OF STYLE, Grammar, Usace, AND ForMaTTING 202 (11'" ed., 2011). 36 NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION 3.3. SUPREME Court STYLEBOOK The trial court agreed to hear the case following a thorough review. (In this sentence, “case” refers to a specific noun, hence the use of the article “the.”) Relative pronouns Relative pronouns introduce relative clauses. Relative clauses, in turn, modify a word, phrase, or idea in the main clause. Different relative pronouns are used depending on their function in the sentence.? 3.3.1. Who vs. whom vs. whose “Who” (or “whoever”) is the relative pronoun for a person. It acts as the subject of the verb. Use it whenever he, she, they, I, or we could be substituted in the who clause. “Whom?” is the object of the verb or preposition. Use “whom” whenever him, her, them, me, you, or us could be substituted as the object in the whom clause.’ “Whose” refers to ownership or to a person being talked about. Examples: Bonnie was the teacher who terrorized her students into dropping out. The company’s future rests on whoever wins the election. The office of the newest justice is looking for a security guard whom they can trust. The special guest whom the organizers invited for the workshop could not attend for medical reasons. The company’s future rests on whomever the shareholders will elect. Purdue Online Writing Lab, Introduction and General Usage in Defining Clauses, Purdue University, available at [Link] grammar/relative_pronouns/[Link] (last accessed on February 9, 2023). Bryan A. GARNER, THE ELEMENTS OF LEGAL STYLE 43, 146 (2! ed., 2002). See also SaBiN, supra note 1, at 335. 37 NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION SIGNIFICANT GRAMMAR RULES 3.3.2. 3.3.3. The employee, whose salary was withheld by the finance department, appealed to the manager. Which vs. that Relative clauses can be restrictive or nonrestrictive. Restrictive clauses are those essential to identify who or what is talked about. It is introduced by “that” without commas. If the sentence does not make sense when the clause is removed, or gives the sentence a different meaning, it is restrictive. Meanwhile, nonrestrictive clauses begin with “which” and are set off by commas. These clauses are merely descriptions or additional information that can be removed without affecting the meaning of the sentence.? Examples: The sachet that the officers marked immediately after seizure is the only competent evidence. The sachet, which the officers marked immediately after seizure, is competent evidence. The first sentence connotes that there are many sachets but only one is competent evidence. In the second sentence, there is only one sachet of shabu. The phrase “which the officers marked immediately after seizure” can be taken out and the remaining parts will remain standing. Whose vs. of which The possessive form of “which” is “of which” Alternatively, “whose” may be used as a possessive * Id. at 142. See also Bryan A. GARNER, A DICTIONARY OF MODERN AMERICAN Usace 782 (2003). . & 38 NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION SUPREME Court STYLEBOOK form for both things and persons,‘ for the sake of historical grammar, intelligibility, and convenience.’ Examples: Seventy-year-old Alexa, whose case had been pending trial since 2001, died without achieving justice. The job applicant had many options, but she picked the law firm whose offer resonated with her the most: work-life balance and a high- paying salary. 3.4. Whether vs. whether or not “Whether” is used when the clause it leads is the object of the verb, the object of a preposition, or the subject of the sentence. Generally, it is unnecessary to add “or not” after whether, since the word alone already implies “or not” However, use “or not” to mean “regardless of whether.”* Examples: Whether the accused runs free depends on the strength of the prosecution's evidence. The judge’s determination of whether the victim's testimony is credible shall be upheld without showing that they overlooked facts that may change the outcome of the case. A shareholder can vote their shares whether they paid for them or not. 3.5. Possessive form of singular nouns Generally, to form the possessive form of a singular noun, . Id. at 146. Henry Watson FowLer, A Dictionary oF MODERN ENGLISH UsaGe: THE Crasstc First Eprrton 727-728 (2009) * Philip B. Corbett, Whether (or Not), THE New York Times, available at https:// [Link]/[Link]/2010/03/01/whether-or- not/ (last accessed on February 9, 2023). 9 BRYAN A. GaRNer, A DICTIONARY OF MODERN AMERICAN USAGE 831 (2003) 39 NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION SIGNIFICANT GRAMMAR RULES add ~’s. This applies even to nouns that end in -s, -x, and -2."° Examples: witness's boss's Congress's box’s quiz’s An apostrophe without an -s only applies in instances such as idiomatic expressions and ancient names.” Examples: For goodness’ sake Jesus’ parables Achilles’ heel Significant rules on subject-verb agreement 3.6.1. Plural forms but singular verbs Some nouns have plural forms but singular meanings, and thus, take singular verbs. These include laws, legal documents, and rules that are usually written in plural form but point to a singular document. Examples: The Implementing Rules and Regulations of Republic Act No. 9165 allows for deviations from the chain of custody rule. (The Implementing Rules and Regulations is a single set of rules.) Les Misérables was a great book. (The title of the book, though in plural form, refers to only one book.) The Eligibility Guidelines identifies Christianity as one of the vulnerable minority groups that SABIN, supra note 1, at 213. id. 40 NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION SUPREME Court STYLEBOOK may need international refugee protection. (The Eligibility Guidelines is one document.) But Several guidelines dictate conflicting protocols. (The term “guidelines” is plural here.) 3.6.2. Nouns joined by “or” When a subject is made up of nouns joined by “or” the verb agrees with the last noun.’ Examples: A portion of a name or thumbmarks suffice as subscription by the testator if intended so. This Court has held that the title or rights to a decedent's property immediately pass to their heirs upon death. 3.6.3. Collective nouns and noun phrases Collective nouns and noun phrases take singular verbs."? Examples: The Committee on Underserved Persons meets today. The family has never agreed on any big decision. The entire staff is working on a new project that will address institutional problems. A group of high school students is going to take a field trip to the Supreme Court. The word “majority” is generally used as a collective noun. In this case, it takes a singular verb. Sometimes, 12 JANE STRAUS ET AL., THE BLUEBOOK OF GRAMMAR AND PUNCTUATION 4 (11"* ed., 2014). 8 Td. at 6. See also Santn, supra note 1, at 305. 4l NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION SIGNIFICANT GRAMMAR RULES 3.6.4. however, grammatical construction demands that it take a plural verb. If the word is used to describe a group, use a singular verb; if it is used to describe a collection of individuals, use a plural verb, However, when “most” suffices, omit the use of “majority.” Examples: The majority has ruled in favor of acquitting the accused of corruption. Majority of Cassie’s students are complaining about her strict way of teaching. Or Most of Cassie’s students are complaining about her strict way of teaching. Singular verbs for indefinite pronouns Generally, indefinite pronouns take singular verbs. These pronouns include “each,” “everybody,” “everyone,” “one” “no one. “nobody,” “nothing,” “someone,” “somebody,” “something,” and the like."* Example: Each party has submitted its memorandum. Some indefinite pronouns, however, may take either singular or plural verbs depending on whether they refer to a singular or plural concept.'* “More than one.’ if followed by a singular noun, takes a singular verb; if followed by “of” and a plural noun, it takes a plural verb. The words “either/or” and “neither/ nor” both follow the noun nearest the verb. But when both “either” and “neither” are used as a MarrHA FAULK & IRVING MEHLER, THE ELEMENTS OF LEGAL WRITING 41 (1994). id. 42 NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION 3.6.5, SUPREME Court STYLEBOOK standalone, they act as the subject, and thus, take singular verbs." “None” takes a singular verb if the noun it refers to is singular, and a plural verb if the noun it refers to is plural. Examples: There is more than one way to address the problem. More than one of the boys are volunteering to assist in the camp. Either the altar servers or the priest is going to carry the cross during the procession. Either of the options is viable for the students. Neither the teacher nor the students were paying attention to the principal's speech. Neither of the boys likes to play ball games. None of the elements of the crime were proven. None of the law was helpful to the victim of this strange incident. Connective phrases Connective phrases such as “along with} “as well as,” “plus,” “except,” “together with,” “in addition to,” “besides,” “rather than,’ “and not,” “accompanied by? “including,” and “not even? do not change the number of the subject.!” Thus, if the subject is singular, use a singular verb; if the subject is plural, use a plural verb.!* Commas set off such phrases, except when they are too short that a pause is unnecessary. When the Merrill Perlman, Bither wins(s): Verbs to use with neither/either, COLUMBIA JourNatisM Review, available at [Link] either_wins.php#:~:text=" hen%20neither%20and%20nor%20link,nor%20 the%20trucks%20are%20available (last accessed on March 8, 2023). Id, at 50. See also GARNER, supra note 9, at 36. STRAUS ET AL., supra note 12, at 4-5, See also SaBIN, supra note 1, at 299-300. 43 NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION SIGNIFICANT GRAMMAR RULES 3.6.6, 3.6.7. 3.6.8. 0 id, a5. Id. at 6. phrase appears in the middle of the sentence, put them between two commas. Examples: The word “love,” as well as the phrases “justice” “truth, and “peace,” is included in the preamble of the Constitution. The corporate secretary, in company with all the board members, has left the executive office. Verbs for fractions For fractions, the verb agrees with the whole.” Examples: Two-thirds of the pizza has been eaten. One-fourth of the cases have been resolved. Distances, periods of time, and sums of money Distances, periods of time, and sums of money, when used as a singular unit, take singular verbs.”” Examples: A distance of 500 kilometers is impossible to finish even for world-class athletes. The rape survivor lamented that 40 years is not enough for the convicted perpetrator to pay for his crime. Ten thousand pesos is a big amount. Verbs follow subject ‘A verb sandwiched between singular and plural nouns follows its subject, not the noun in the predicate. 44 NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION 3.7. Modals SUPREME Court STYLEBOOK Examples: Linda's song numbers were the true star of the show. (The noun that the verb follows is “song numbers,” not “star.”) The sale’s proceeds are going to be a donation to the charity. The employees are a basic component of the corporation during its existence. “will? “would? “can? “could? “shall? “should? “may? “might? and “ought” are modal auxiliaries used with another verb to express a grammatical mood.”! 3.7.1. “will” and “would” “Would” is used to express a habitual practice, the consequence of a hypothetical, or an inclination or desire.”” Just the same, it is used as the past tense of “will.” It is usually used in narrating the facts of the case, as they happened in the past. Examples: If the petitioner’s argument were to be accepted, it would open the floodgates of several cases winning at the expense of true justice. (This refers to a consequence of a hypothetical situation or event.) The inquisitive judge would love to try a case of complicated legal questions. (This refers to an inclination or desire.) According to the complainant, the company said that it would pay her medical expenses, but it never did. (Here, “would” is used in the past tense. The common error is that the term “will” is still being used when the event happened in the past.) GARNER, supra note 9, at 270. Id. at 723. 45 NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION SIGNIFICANT GRAMMAR RULES 3.7.2. “Can” and “could” “Can” is commonly used to refer to the ability to perform an action. “Could” may be used to indicate a possibility, but it is also used as the past tense of Examples: With 40 lawyers, the chambers can dispose of 100 cases by the end of the year. (In this sentence, “can” indicates a capability to dispose of 100 cases, synonymous with “are able to.’) With 40 lawyers, the chambers could dispose of 100 cases by year-end. (In this sentence, “could” indicates that it is possible that 100 cases may be disposed of.) The rape survivor also remarked during trial that she could not fathom why her own father would do it. (In this sentence, “could” is used in the past tense.) “Shall,” “must,” “should,” “ought,” “may,” and “might” “Shall” imposes a duty. “Must” denotes a required action and is fastened down more tightly than “shall.” “Should” refers to something appropriate or advisable. “Ought” is used to express obligation, advisability, natural expectation, or logical consequence.” “May” denotes discretion or permission.* “Might” is the past tense of “may,” but is also often used to express a possibility, or that something is true although not very likely. MERRIAM-WEBSTER DICTIONARY, “ought,” available at [Link] [Link]/dictionary/ought (last accessed on March 29, 2023). BRYAN A. GARNER, A DICTIONARY OF MODERN LEGAL UsaGe 940-941 (2™ ed., 1995). MerRiam-Wenster Dictionary, “might,” available at [Link] [Link]/dictionary/might (last accessed on March 29, 2023). 46 NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION 3.8. SUPREME Court STYLEBOOK Examples: The lessee shall pay an advance deposit of at least 50% of the total amount before moving into the property. The investigators should exercise more empathy in talking to the typhoon survivors. All students must comply with the requirements before taking a leave of absence. The commission may revoke a business's license to operate if it finds that the business violated the rules. The guest might not be able to make it to the conference. Conditional sentences Conditional sentences discuss known factors or hypothetical situations. They are usually structured using the if-clause. A conditional sentence is typically composed of a dependent clause describing the condition (i.e., the protasis) and an independent clause describing the consequence (i.e., the apodosis).6 A conditional sentence may refer to future situations believed to be real or possible. Example: If a corporation sues its own directors, and the directors are represented by a lawyer who is also the corporation's counsel, the lawyer will be liable for conflict of interest. This structure is also common with “unless? “as long as.” “as soon as,” or “in case.” The second conditional refers to an imagined present or future that is contrary to reality. In this kind of sentence, FOWLER, supra note 7, at 59, 615. GarNer, supra note 24, at 861 NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION SIGNIFICANT GRAMMAR RULES 3.9. » the verb is in the subjunctive mood,* and is coupled with the distinctive “were” to “express a special degree of doubt about the future condition” It indicates that the present circumstances would be different if something different had happened before. This is usually seen in legal arguments referring to in-any-case situations. The structure is usually if + were + would. Examples: In this case, the Petition must be dismissed for being the wrong remedy. Yet, even if the Petition were to be decided on the merits, it would still fail. The court did not pass upon the argument that the veil of corporate fiction was pierced, saying that even if the argument were addressed, its ruling would not change. Had the suspect not invited the poseur buyer into his home, he would not have been arrested. Common prepositions Verb/ eae Preposition Examples Santos was accused of selling Accuse | of illegal drugs, as defined in Republic Act No. 9165. Cris was aqcuitted of the crime of rape. Acquit of. Steph agreed to Dylan’s something: to | suggestion that they meet Agree on Tuesday. Steph agreed with Dylan that they should meet on Tuesday. someone: with Epwarb D. JOHNSON, THE HANDBOOK OF Goon ENGLISH: REVISED & UPDATED 321 (2009). Id. at 62. See also STRAUS ET AL., supra note 12, at 6. 48 NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION SUPREME Court STYLEBOOK Verb/ ae Noun Preposition Examples The police officers who be responsible for | conducted the buy-bust something: for | operation answer for any scauwer mishap during the operation. be responsible to | The police officers answer to someone: to their superior. : The lawyer apologized for ___ [something for | ering the Petition belatedly. Apologize - The accused apologized to someone: to ee : e the victim during trial. Roman argued with Rosa with about their prenuptial agreement. Argue ea They argued about the prenuptial agreement. 7 ‘The solicitor general argued = for the petitioner. “Arrest for Hayley was arrested for illegal possession of drugs. oe ».| Cristina, on behalf of her if in someone’s employees, appealed the name: on Behalf disallowance. ene for the interest,| Cristina opened a food benefit, pantry in behalf of the advantage of: in | underprivileged. Respondent commented on Comment | on a the Petition. They were charged with Charge | with illegal possession of firearms during the gun ban. 49 NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION SIGNIFICANT GRAMMAR RULES if followed by one the speaker agrees with: with Verb/ a Noun Preposition Examples followed by they concur in the ponencia. decision: in Concur I concur with my esteemed colleague. Convict | of Robert was convicted of child trafficking. Deny none No one shall be denied their day in court. Deprive | of No one shall be deprived of life, liberty, or property without due process of law. Dissent from I dissent from the majority's ruling to convict the accused despite no proof beyond reasonable doubt. Guilty | of The Court found the respondent guilty of gross ignorance of the law. Impose | on The Court shall impose a stiff penalty on the accused. from Release The accused are ordered released from custody, until they are being held for any other lawful reason. The copies of the official’s SALN were only released to the requesting journalists last year. Repose | in The bank manager violated the trust and confidence that her boss reposed in her. 50 NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION SUPREME Court STYLEBOOK Verb/ Noun Preposition Examples Request if verb: none She requested copies of the documents. if noun: for Her request for copies of the documents remains unheeded. Result in ‘The chess game resulted in a stalemate. Suspected of They were suspected of robbery. Vest in The law vests in the trial court original jurisdiction over certain cases. with The trial court is vested with original jurisdiction over certain cases. 51 NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION 4. EMPLOYING INCLUSIVE LANGUAGE It is the State’s policy to value one’s dignity and respect their human rights. Use inclusive language to avoid alienating people and creating prejudices. 4.1. Mention specific details only when relevant There is no need to mention a person's disability, gender, religion, or other circumstance when these are irrelevant. The following questions can serve as a guide: + Will mentioning the disability/gender/religion shed light on key aspects of the issue you are discussing? If no, then omit. + Will mentioning the disability/gender/religion perpetuate discrimination against the group? If yes, then omit. + Is there a better way to say it? If yes, do so and keep in mind inclusive language. Inclusive language for persons with disabilities The Philippines ratified the United Nations Convention on the Rights of Persons with Disabilities on April 15, 2008. The Convention aims to “promote, protect[,] and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.” Giving dignity to persons with disabilities includes using inclusive language to combat ableism and promote their inclusion in society.’ Convention on the Rights of Persons with Disabilities, May 3, 2008, available at [Link] (last accessed on March 30, 2023). “Ableism is a misguided and biased understanding of disability that leads to the assumption that the lives of persons with disabilities are not worth living. Ableism can take many forms, including harmful language” United Nations, 52 NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION SUPREME Court STYLEBOOK 4.2.1. Use people-first language People-first language emphasizes the person and not the disability, which is only used as a description of the person’s condition.? Do not use condescending or patronizing terms.‘ Here are examples of people-first language, which can be used when referring to different disabilities: Instead of this Use this Disabled or Reference to| differently abled Persons with ; disabilities persons with | persons disabilities, in| Handicapped, general victim, stricken | Disability with Disabled Accessible (e.g. disabled | (e.g., accessible Reference to!) cking lot,| parking lot, accessibility disabled accessible restroom) restroom) Reference to| Able-bodied, | nit the persons without | normal, healthy, reference) disabilities _| regular Disability-Inclusive Language Guidelines, available at [Link] org/sites/default/files/2021-01/[Link] (last accessed on March 30, 2023). Office of Disability Rights, People-first language, available at [Link] [Link]/page/people-first-language (last accessed on March 30, 2023); Gov. UK, Inclusive language: words to use and avoid when writing about disability, March 2021, available at [Link] communication/inclusive-language-words-to-use-and-avoid-when-writing- about-disability (last accessed on March 30, 2023); Unrrep Narions, supra note 2. American Psychological Association, Inclusive Language Guidelines, 8, available at [Link] pdf (last accessed on November 18, 2022). 53 NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION EMPLOYING INCLUSIVE LANGUAGE Instead of this Use this Person with a bipolar Mental health | “PO! P&t8°P | disorder, person - Depressed : : conditions with major person . depressive disorder Handicapped, physically Person with challenged, : physical deformed, . cs . : disability Mobility cripple, lame, invalid Wheelchair- bound, confined | Wheelchair user to a wheelchair Someone of short stature, Physical Little person, disability Dwarf, midget | someone with restricted growth Blind, Person who has Visual disability | Invalid visual disability, Person who is partially sighted Deaf, Hearing and|D&f mute | tard of hearing, 1 ..|One who talks 5 speech disability bad Person with speech disability 54 NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION SUPREME Court STYLEBOOK Instead of this Use this Person with learning Retarded, disability, mentally Person with retarded, slow, | cognitive brain-damaged, | disability, a mentally Person with Hae 1 handicapped, _| intellectual ee mentally disability, SADE SEES defective Person with developmental disability Person with Autistic autism spectrum disorder Fits, spells.|.. , attacks Seizures Epileptic Person with Others epreP ey. Person living oe with HIV, HIV-positive | person living with AIDS 4.2.2. Exceptions to the use of people-first language There are instances when the terminology used in law or jurisprudence cannot be replaced, such as “unsound mind” in the Family Code,® “deaf and dumb”s in both the Revised Penal Code and the Famity Cope, art. 45(2) states: ARTICLE 45... . (2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife(.] Rev. Pen. Cope, art. 13(8) states: 55 NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION EMPLOYING INCLUSIVE LANGUAGE Rules of Court, “insane or demented persons” and “deaf-mute”” in the Civil Code, and “hospitalized lepers”® in the Rules of Court. In these instances, place the terminology in quotation marks or paraphrase it. Otherwise, explain further, either in the body or in the footnote. Example: Versoza v. People:* This case involves a man with cognitive disability! who, at 24 years old, was made by his legal guardians to undergo bilateral vasectomy without his consent. Aware of the special circumstances of this case, this Court is called upon to draw the line between a valid exercise of parental authority over a person with disability, and the commission of child abuse as ARTICLE 13... . (8) That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings. C1vit Cope, art. 1327 states: ARTICLE 1327. The following cannot give consent to a contract: (1) Unemancipated minors; (2) Insane or demented persons, and deaf-mutes who do not know how to write. Ruzes oF Court, Rule 92, sec. 2 states: SECTION 2. Meaning of word “incompetent.” — Under this rule, the word “incompetent” includes persons suffering the penalty of civil interdiction or who are hospitalized lepers, prodigals, deaf and dumb who are unable to read and write, those who are of unsound mind, even though they have lucid intervals, and persons not being of unsound mind, but by reason of age, disease, weak mind, and other similar causes, cannot, without outside aid take care of themselves and manage their property, becoming thereby an easy prey for deceit and exploitation. > 861 Phil. 230, 245 (2019) [Per Curiam, En Banc], 56 NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION 43, SUPREME Court STYLEBOOK contemplated and penalized by Republic Act No. 7610, or the Special Protection of Children Against Abuse, Exploitation, and Discrimination Act. While a legitimate medical term, “mental retardate” is no longer preferred due to its derogatory implications. Cognitive disability or intellectual disability was explained in People v. Quintos{.] Gender-fair language The Constitution recognizes the inherent dignity of every human being and guarantees respect for human rights,"” including nondiscrimination based on sexual orientation, gender identity, and expression." ‘The Magna Carta of Women recognizes that gender-sensitive language should be used to abolish inequality and practices that perpetuate discrimination. However, discrimination is not limited to women, as people who express their gender identities differently are also prone to prejudice. This Stylebook supplements A.M. No. 21-11-25-SC, or the Guidelines on the Use of Gender-Fair Language in the Judiciary and Gender-Fair Courtroom Etiquette. See Annex R for a copy of the Resolution. 4.3.1. Nouns Avoid the use of generic masculine words such as “man” and binary terms such as “men and women.” Use gender-neutral mass nouns such as “people,” “person/s,” and “human/s.” Const., art. II, sec. 11 United Nations, Human Rights and Gender, available at [Link] ruleoflaw/thematic-areas/human-rights-and-gender (last accessed on March 30, 2023). 37 NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION EMPLOYING INCLUSIVE LANGUAGE 4.3.2. Pronouns [Link], Use gender-neutral pronouns Avoid using “he/him/his” as a generic pronoun. Instead, use the singular “they/ them/their” as indefinite pronouns if preferred pronouns are not known." In doing so, use a plural verb form with the singular pronoun “they.” Write “they are,’ not “they is.” Both “themselves” and “themself” are acceptable as reflexive singular pronouns. Examples: Before: After: Before: After: Section 21 of Republic Act No. 9165 requires that the inventory and taking of photographs be in the presence of the accused or his counsel, among others. Section 21 of Republic Act No. 9165 requires that the inventory and taking of photographs be in the presence of the accused or their counsel, among others. A victim of physical abuse would not be so inclined to broadcast her suffering. Instead, she is going to think twice about it, for fear of stigma. A victim of physical abuse would not be so inclined to broadcast their suffering. Instead, they are American Psychological Association, Singular “They,” APA Sryte, July 2022, available at [Link] singular-they (last accessed on March 30, 2023). 58 NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION Before: After: Before: After: [Link]. SUPREME Court STYLEBOOK going to think twice about it, for fear of stigma. An accused’s right to be informed of the nature and cause of accusation against him is a constitutional right he can invoke to protect himself from police abuses. An accused’s right to be informed of the nature and cause of accusation against them is a constitutional right they can invoke to protect themself from police abuses. In an action for ejectment, it is essential to find out who the actual possessor is and if his possession has been disturbed. In an action for ejectment, it is essential to find out who the actual possessor is and if their possession has been disturbed. Neopronouns If a person prefers to use neopronouns such as “xe/xem/xyr,’"’ use them. These replace the pronouns “he/him/his” and “she/her/hers.” Pair with a singular verb. [Link], Articles instead of pronouns Alternatively, “a,” “an,” and “the” can be used as substitute for pronouns. UNC Greensboro, Neopronouns Explained, available at [Link] [Link]/wp-content/uploads/Neopronouns-Explained-UNCG-Intercultural- [Link] (last accessed on March 30, 2023). 59 NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION EMPLOYING INCLUSIVE LANGUAGE Examples: Before: After: Before: After: 4.3.3, Within 15 days from receipt of accused-appellant’s Memorandum, plaintiff-appellee may file his memorandum. Within 15 days from receipt of accused-appellant’s Memorandum, plaintiff-appellee may file a memorandum." Merely testifying does not render the witness immune from prosecution notwithstanding his invocation of the right against self-incrimination. Merely testifying does not render the witness immune from prosecution notwithstanding an invocation of the right against self-incrimination.'> Honorifics, professions, occupations, and roles When the gender identity or sexual orientation of the person is irrelevant, omit the reference. Use gender-neutral terms when describing occupations. For honorifics, “Mx. has been adopted by Merriam- Webster Dictionary as a gender-neutral title. This is used for those “who do not identify as being of a particular gender, or for people who simply don't want to be identified by gender?" GUIDELINES ON THE Use OF GENDER-FAIR LANGUAGE IN THE JUDICIARY AND GeNDER-FaIR CouURTROOM EviQuETTE (GENDER-FAIR GUIDELINES), p. 5. 18 GENDER-FaiR GUIDELINES, p. 5. at https: accessed on July 25, 2023). 60 MerRIAM-WeBsTER DICTIONARY, “Mx.” - A Gender-Neutral Honorific, available [Link]/words-at-play/mx-gender-neutral-title (last NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTIONNOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION Examples: Before: After: Before: After: Before: After: Before: After: Before: After: Before: After: SUPREME Court STYLEBOOK Dra. Jose Maria Cruz Dr. Jose Maria Cruz Mr./Ms. Alex Perez Mx. Alex Perez Dear Ma’am/Sir Dear editor/manager/colleague Policemen, chairman, congressman Police officers, chairperson, representative Husband and wife Spouses Fatherhood, motherhood Parenthood See Annex R for a more extensive list of gender- fair terms. 4.3.4. Unfounded generalizations and antiquated terms Do not use metaphors that reinforce gender stereotypes. If there are unfounded generalizations in a direct quote and this is important to the case, place it in quotation marks. Explain it further, either in the body or in the footnote. Example: Before: After: Jenny, as a woman, is inherently weak. She cannot be expected to fight a man. Jenny was not able to fight back against the perpetrator. 61 NOT FOR SALE, UNAUTHORIZED DISTRIBUTION, OR COMMERCIAL REPRODUCTION