Writing

Writing SCANNER Normal JOJO 2 12 2002-01-15T05:00:00Z 2002-01-15T05:00:00Z 5 1444 8232 SC 68 16 10109 9.2720 110

JUDICIAL WRITING

I. INTRODUCTION

Judicial writing is the basic tool of judicial communication or the transmission of information by the courts. There are two kinds of judicial communication: the internal and external. The former is the communication within the agency, like the communication emanating from the Supreme Court to the lower courts (vertical communication) and the communication between the Justices or the offices in the Supreme Court (horizontal communication). The latter is the flow of information between the courts and the public.

External judicial communication is done mainly through decisions and orders. There should be no misunderstanding as to what a Judge means in his decisions or orders. The main objective of judicial writing is precisely to make oneself understood.

There are guidelines that help us achieve effective communication, as there are barriers that impede the smooth flow thereof.

II. POINTERS FOR JUDICIAL WRITING

1. The Three 'Cs' In Judicial Writing

In judicial writing, there are three 'Cs' to be borne in mind – Corto , Claro and Conciso.

A judicial writing must be as brief (corto) as the nature of the subject and the intelligible presentation thereof will permit. It should not be unnecessarily repetitious. 1 Verbose and prolix statements should be avoided. Matters stated in a paragraph need not be reproduced in succeeding paragraphs but may just be referred to as having been mentioned. 2

A judicial writing must be clear (claro). It must be stated with definiteness, certainty and clarity. The facts must be stated by direct and positive averments and should not be left to be deduced by arguments and inferences. 3 Two things that can make any writing unclear are vagueness and ambiguity.

A judicial writing must be concise (conciso). The word 'concise' refers to the style and manner of writing. A pleading is concise when it comprehends much in a few words. 4 The word 'style' comes from the Latin word 'stylus,' which refers to a writing instrument, one end of which was used to writing in wax and the other for erasure. Hence, we have a useful analogy: style is related to writing as well as to revision, drafting and re-drafting. 5

By observing the three 'Cs,' a judge can achieve simplicity in his judicial writing. As Bernard Shaw says: Simplicity without substance is childish, but great thoughts achieve much of their effectiveness and power through simplicity. 6

1.1 Use of Single Words in Place of Several Words

(1) like - along the lines of

(2) when - at the time at which

(3) help - be of help to

(4) by - by means of

(5) while - during the time that

(6) by - in accordance with

(7) although - notwithstanding the fact that

(8) until - until such time as

(9) now - at this point in time

(10) want - have the desire to

1.2 Diction

The process of choosing the correct word to use in a sentence to express one's thoughts, specially with regard to clearness and efficacy, is called 'diction.'

Every time a writer wants to express his thoughts, several words quickly come to mind but only one may be the correct or appropriate one. A word may contain a nuance not found in its synonyms. Some words may describe the same action but imply different relationships among the parties concerned.

Some words may be similar in sound but different in meaning. Others may be synonymous but one can only be used in formal writing and the other is informal writing.

1.2.1 Choice of Correct or Appropriate Word

ABJURE/ADJURE

The former means 'to renounce' or to avoid. The latter means 'to charge or entreat.'

A FEW/ FEW

Both words mean 'not many' but the former emphasizes the positive side while the latter, the negative side.

� There are FEW honest politicians now, but, at least, we should be thankful that there are still A FEW.

A LAW/THE LAW

The former refers to a specific piece of legislation (The Anti-Fencing Law); the latter, something more general and abstract (The Law on Torts).

A NUMBER OF/ THE NUMBER OF

The former is always followed by a plural verb; the latter by a singular verb.

AFFLICT/INFLICT

Both mean 'to cause distress, or pain,' but the former is used in an emotional, while the latter, in a physical sense.

AGREE TO/AGREE WITH

The former means to give consent to something. The latter means 'to be in accord with it.'

ALL RIGHT/ ALRIGHT

The former, as an adjective, means 'in proper working order' or 'correct,' and as an adverb, 'adequately' or 'very well.' The latter is a nonstandard alternative that should be used only in informal writing.

BLUBBER/MOAN

Both mean 'to weep,' but the latter implies contortion of the face that is accompanied with inarticulate sound, while the latter just implies a low, prolonged sound.

CAN/MAY

The former is used to express the ability or capacity to do something, and the latter is used to express permission.

CONTEMPORARY/CONTEMPORANEOUS

The former refers to persons or things; the latter, to events.

CONTENTION/DISSENSION

Both words denote a disagreement, but the former suggests a verbal strife, while the latter suggests differences in opinion, particularly between opposing groups belonging to the same body.

CRY/SOB

The former implies the expression of sorrow, pain or distress by making mournful and convulsive sounds and shedding tears. The latter is to weep aloud with a catch in the voice and short gasping breath.

DAMAGE/DAMAGES

The former refers to the harm done by the illegal acts, while the latter, to the compensation to be paid by the wrongdoer.

DESTROY/DEMOLISH

The former is the term of broader application, meaning the tearing down or bringing to an end by killing, wrecking, eradication, etc. The latter stresses the force used to completely smash the thing destroyed to pieces.

DISCERN/PERCEIVE

Both words suggest a recognition of something, but the former implies that the recognition is either visual or mental, while the latter implies keen understanding or insight.

HISTORIC/HISTORICAL

The former refers to something important that happened before; the latter, while also concerned with history, does not distinguish between what is important and what is not.

IMPLY/INFER

The former is what one does to suggest something indirectly. The latter is what one concludes from the evidence or circumstances.

IMPRACTICABLE/IMPRACTICAL

Both mean 'impossible to put into practice,' but the former stresses the impossibility to do or carry out, while the latter stresses the fact that the act, even if possible, is 'not sensible or realistic.'

MATERIAL/RELEVANT

In the law on evidence, the former means 'having some logical connection with the facts of consequence,' while the latter means 'tending to prove or disprove a matter in issue.'

NAUSEATED/NAUSEOUS

The former means that the person it refers to looks sick, while the latter means that the appearance of the person referred to makes others sick.

ORAL/VERBAL

Both adjectives can refer to spoken words; however, the former is limited to spoken or uttered words (by mouth) while the latter may refer to both spoken and written words.

OVERCOME/OVERTHROW

The former stresses the overpowering of an antagonist or the surmounting of difficulties. The latter stresses the fact that there was a prevailing power that was dislodged by force.

SIMULTANEOUS/SYNCHRONOUS

Both refer to the occurrence at the same time but the latter stresses the exact correspondence in time of occurrence.

WAIL/WHIMPER

Both mean 'to cry,' but the former implies the making of loud, prolonged, and mournful sounds, while the latter implies the making of subdued, broken, and whining sounds.

1.2.2. Words to be Used with Extreme Caution.

ALIBI means 'a defense that the accused was elsewhere than at the scene of the crime.' It can not be used to mean 'an excuse' or any other kind of defense.

CLAIM means 'to demand something as rightfully belonging to one.' It can not be used to mean 'to put up a defense.'

DUE TO , an adjective, modifies or refers to a particular noun. It should not be used for 'through,' 'by' or 'because of' or to introduce a causal phrase.

WHERE has been misused in place of 'when,' 'in which,' 'when' or 'wherein.' It should be used only to express place, as in the 'countries where the Common Law is followed,' but not in referring to cases, as in 'In the case of Reyes v. Cruz , 10 SCRA 100, where the court held that x x x.'

AS TO has been used to convey so many meanings that it is hard to tell which one the writer has in mind. Instead of 'as to' in the sentence 'Suggestions as to the remedies can be submitted,' use 'for.'

1.2.3 Words with Similar Sound but Different Meanings

These are words with similar sound but which have different meanings, e.g.,

COARSE/COURSE

The former, an adjective meaning 'crude;' the latter, a noun, 'path or 'route.'

FLAUNT/FLOUT

The former means 'to show off proudly or boastfully,' the latter, 'to treat something or somebody with contempt.'

FLIGHT/PLIGHT

The former means 'the act of moving through space,' the latter, 'a predicament.'

LATH/LATHE

The former means 'a piece of wood used as building material,' the latter, 'to cut with an rotating machine.'

PORTABLE/ POTABLE

The former refers to one that can be carried; the latter, to something that is drinkable.

1.2.4 Illiteracies

Do not use illiteracies. There are decisions that use words which are not in the dictionaries because they are not accepted in the English language, e.g., 'dismissible' 7 and 'imposable. 8

1.3. Spell Words Correctly

(1) Reglementary not reglamentary

(2) Motu proprio not motu propio

(3) Illegible not ilegible

(4) Unappealable not inappealable

(5) Accessible not accessable

1.4 Verbs not followed by prepositions

The following verbs are not followed by prepositions:

(1) furnish - not furnish with a copy

(2) request - not request for a copy

(3) explain - not explain about

(4) await - not await for the Judge

(5) seek - not seek for assistance

(6) climb - not climb up

(7) join - not join together

(8) start - not start out

(9) use - not use up

(10) mounted - not mounted up the horse

1 41 Am Jur 408.

2 Lo Sui v. Wyatt, 5 Phil. 496 [1906].

3 41 Am Jur 308-9, Go Occo and Co. v. De la Costa, 63 Phil. 445 [1936].

4 Library of Universal Knowledge, 38.

5 Bell, Style in Judicial Writing, 15 Journal of Public Law, 214.

6 Shaw, A Complete Course in Freshman English, 38.

7 Widows and Orphans Assocation, Inc. v. Court of Appeals, G. R. No. 91797, August 7, 1992, 212 SCRA 360.

8 Dioquino v. Cruz, No. L-38579, September 9, 1982, 116 SCRA 451; Morales v. Court of Appeals, G. R. No. 126623, December 12, 1997, 283 SCRA 211.