AGUADO, Michelle Anne

BORJA, John Kayle

COLLADO, Emilla
LAVINA, Yellownie
MALIJAN, Marie Antoinette
MERCADO, Maria Melissa
TADIOSA, Irish Dane
VILLONES, Jessica
CHAPTER XV

LEGAL WRITING
Atty. Joedel Labordo
 ”The writer who neglects punctuation, or
mispunctuates, is liable to be misunderstood.”

—EDGAR ALLAN POE

 LACK OF PUNCTUATIONS CAN LEAD TO ABSURD
STATEMENTS.
Example:
“I love baking my family and my friends.”

“I love baking, my family, and my friends.”

 WHILE INCORRECT USAGE OF THE SAME MAY CONVEY
MISLEADING STATEMENTS.

Example:
$ 10000
There is a huge difference between “$100.00” and
“$10,000”.
 Punctuations are visual aids to help the
reader better understand a written material.

In oral communications, gestures, word

stress, and intonation serve as “punctuations”
to help the listener better understand the
speaker.
A. Period

• It is considered the most common

punctation mark.

• It is one of the three terminal punctuation

mar ks. T og ether w i th the q u estio n a n d
exclamation marks.
 RULES: PERIOD

1. When used after a statement, command or request.

Example:
He is forbidden to run for office.

2. When used as an indirect question.

Example:
The judge asked if I have other witness.
 RULES: PERIOD

3. Used after initials and most abreviations although in

abbreviations of well-known organizations, periods are not
required.
Example:
p.m., C.O.D., Capt., J.B.L. Reyes
UN, YMCA, SC, SCRA

NOTE: That if an abbreviation comes at the end of the end

of the sentence, only one period is used.
 RULES: PERIOD

4. If no reply is expected to a request courteously made.

Example:
Will you please tell your client to stop calling me at
night.
B. Exclamation Point

• It is almost never used in formal legal writing.

The reason being is that the material may be
conveyed as highly subjective without being
persuasive.
C. Question Mark

• Generally, they are used to end a sentence

but there are instaey appear in the middle of
the statement such as to express uncertainty.
 RULES: QUESTION MARK

1. Direct questions end with the question mark.

Example:
Is there justice here?
NOTE: Indirect questions end with periods.
Example:
The Defendant asked if we filed the Motion for
Reconsideration.
 RULES: QUESTION MARK

2. Sentences in declaratory form but which have

interrogatory meaning.
Example:
You went to court yesterday?

3. Interrogatory tags after a decrlaratory sentence.

Example:
You are upset, aren’t you?
 RULES: QUESTION MARK
4. Multiple interrogatory endings in a sentence are each
followed by a question mark.
Example:
Whose duty is it that the lower court records are
transmitted to the Court of Appeals on time? the lower
court judge? his court staff? or the appellant?

5. After a questioning word or phrasee within a sentence.

Example:
She works (had worked?) for two Justices.
 RULES: QUESTION MARK

6. Question marks are also used to indicate uncertainty

about a word or fact that precedes it.
Example:
His birthday is on March(?) 17, 1963.
According to the Merriam-Webster Dictionary, a comma is a
punctuation mark, used especially as a mark of separation within the
sentence.1

The general uses of a comma:

• Single comma – used to separate words or clauses
• Double commas – used to set off words or clauses that interrupt
the normal order of the statement. Unless such word or clause
comes at the beginning or end of the sentence, a second comma
must be used.

1. Merriam-Webster. (n.d.). Comma. Merriam-Webster. Retrieved November 17, 2021, from https://www.me rriam-
webster.com/dictionary/comma

USAGE
1. For independent clauses.
RULES: COMMA
RULES EXAMPLES
Independent clauses contain Long compounds that do not
a subject and a predicate; it need a comma
c a n s t a n d o n i t s o w n a s a • The plaintiff wanted to
separate sentence implead Mrs. Janice Seroto
as defendant, and he
When joined by coordinating wanted the case heard
conjunctions such as for, and, before the city fiesta.
nor, but, yet, or, so, the
comma is placed before the Short compounds that do
conjunction. not need a comma.
• The defendant shouted
Commas are generally used and he banged the table.
in longer sentences. In short
c o mp o un d se nte n c es , the
comma is dispensed with.
 RULES: COMMA
USAGE RULES
2. For introductory element or A comma is used after a/an:
phrase • introductory elements
such as however,
fortunately, first, soon,
obviously;
• phrases such as being
blood relatives, in fact,
very soon; or
• a dependent clause, e.g., at
the time of the incident,
with the preparations all
geared up for a warm
welcome, speaking to the
defendant
EXAMPLES
a. Introductory participial
phrase
• Riding on the mountain bike, I
realized the beauty of the city’s
barangays.
b. Introductory prepositional
phrase
• On the advise of my counsel, I
ask you if we could have this
thing talked about.
c. Introductory infinitive phrase
• To give his children c ollege
education, the defendant
worked on double shifts.
d. Introductory adverb clause
• Although ailing, the defendant
managed to answer the
questions correctly.

USAGE
3. For Transitional words
Example of transitional words:
moreover, therefore, thus,
furthermore
4. Interrogatory Tags
RULES: COMMA
RULES EXAMPLES
If the transitional words • Therefore, we have decided to
appear in the beginning or in withdraw.
• My advice, thus, is to
midsentence, commas must
intervene
be used.
A. Interrogatory tags after a The judge is the Rotary president
declaratory statement are to of the district, isn’t he?
be separated by a comma, if
both the statement and the
question is the same person
or thing.
B. When the subjects of the I am planning to attend the IBP
National convention this year.
first statement and the
Aren’t you?
question are different, the two
sentences are expressed
separately.
 RULES: COMMA
USAGE RULES EXAMPLES
5. Coordinate adjectives Coordinate adjectives are two • The defendant chose to wear
or more adjectives that his most colorful, traditional
costume in court.
equally modify a noun. These
adjectives must be separated
by commas.
6. To avoid ambiguity A comma should be used to In 1991, 6,000 people perished in
separate words or figures to that Ormoc flood.
avoid being misunderstood.
 RULES: DOUBLE COMMAS
Double commas are used to set off words or clauses that
interrupt the normal order of the statement.

Double commas are used if such word or clause comes at

the middle of the sentence.
Examples:
● Double commas are not needed in: “Here are your

documents, Mr. Crucis.”

● Double commas are needed in: “Here are your

documents, Mr. Crucis, and be sure to read them all

tonight.”
 DOUBLE COMMAS ARE USED TO SET OFF:
USAGE
1. Parenthetic expressions
These are words or phrases that
give additional meaning but are
only incidental to the main
thought of the sentence.
2. Contrasting expressions
These are parenthetic
expressions introduced by not,
but not, but, although not,
though not usually, and the like.
RULES EXAMPLES
A. Double commas should be • Judges, just like any humans,
used if parenthetic may be tempted to overlook
facts out of pity.
expressions appear at the
middle of the sentence.
B. Legal citations within a • In Lu v. Manipon, 381 SCRA 788,
sentence are parentheticals registration is not equivalent
that must be set off by to title; it merely confirms but
does not confer ownership.
commas
Double commas are used if
the contrasting expression The plaintiff, but not his wife, is
predisposed to settle.
appears in the middle of the
sentence; otherwise, only one
comma is used.
 DOUBLE COMMAS ARE USED TO SET OFF:
USAGE
3. Appositives
An apposition or appositive is a
word or phrase placed beside
another to add to or explain the
first.
Exception: Single word
appositives are NOT set off with
commas. (e.g. My brother Nate
was here.)
4. Nonrestrictive elements
A nonrestrictive element is a
phrase that modifies part of the
sentences but which phrase is
not essential to the over-all
meaning of the sentence.
RULES EXAMPLES
A. Sometimes appositives are • Oryza sativa, more commonly
preceded by: such as, or, known as rice, is the
provinces’ chief product.
especially, particularly, most
notably, etc.
B. Appositive adjectives are • The bus, old and dilapidated,
likewise set off. still transports passangers
A. Nonrestrictive elements
are set off with commas; while The plaintiff, but not his wife, is
predisposed to settle.
restrictive or essential
phrases do not need commas.
B. To test whether the clause
is nonrestrictive or not – try
taking away the clause.
 DOUBLE COMMAS ARE USED TO SET OFF:
USAGE
5. Interrupting words or phrases
RULES EXAMPLES
• If the meaning changes or • Nonrestrictive clause: The
the sentence becomes less class, which meets at the 3rd
floor, has invited Prof. Betina.
understandable, the
information is restrictive. • Restrictive or essential
• Nonrestrictive phrases clause: The class that meets at
usually start with which, the 3rd floor, has invited Prof.
who, although, though. Betina.
• Restrictive or essential
phrases usually start with
that, when, because, before,
while, if.
A. If terms of direct addresses
such as sir, madam, my dear The proposal, Your Honor, aims
cousin, interrupt a sentence, to give housing to the landless.
they must be set off with
commas.
 DOUBLE COMMAS ARE USED TO SET OFF:
USAGE RULES
6. Quotation • Commas are used to set off
quotations, unless the
quotation is only one word.
• The comma precedes the
quotation mark.
• A colon may replace the
comma.
• A partial quotation that is
part of the sentence is not
set off by commas.
EXAMPLES
• “The laws,” said Cicero, “place
the safety of all before the
safety of individuals.”
• The witness screamed “stop!”
• The mediator said: “Your case
is given a 30-day extension.”
• The mediator said that he is
giving the parties a ”30-day
extension.”
A semicolon is not a colon at all. It has the force of a “strong
c omm a ” o r a “ w ea k p e ri o d, ” se p a ra ti n g p a rt s o f the
sentences, or joining sentences without need of a
conjunction.
 USAGE OF SEMICOLON
USAGE RULES
1. When a semicolon is a strong A semicolon separates
comma. portions of a sentence of
equal if the other parts are
divided by commas.
2. When a semicolon is a weak A. A semicolon joins two
period independent clauses without a
conjunction. A period may still
be used instead of the semicolon.
EXAMPLES
We have branches in Lipa City,
Batangas; Los Baños, Laguna;
and Dasmariñas, Cavite.
• Visitors visit; guests are
invited. or Visitors visit.
Guests are invited.

B. If the independent clauses are

• The Court of Appeals granted
joined by transitional
appellant’s motion for
expressions such as indeed, that
extension of time to file his
is, for instance, thus, in fact, for
brief; as a result, he had more
example, therefore, however, time to research on
furthermore, as a result, at last, precedents.
at least, on the contrary, etc., a
semicolon may be placed before
the transitional word or phrase,
and put a comma after it.
A colon is the p unctuation o f antici patio n; i t m eans
something will follow.

Misuse of the colon:

The colon should not be used to separate the verb from the
object, e.g., “Our witnesses are: Eric, Ronald and Alfredo.” or
the preposition from its object, e.g., “We are going to look
for the documents in: the court, the notary public’s office,
and the Bureau of Archives.”

USAGE
1. Introducing long quotations
or any formal matter
USAGE OF COLON
RULES
A colon is used to introduce
block quotations, laws and
rules as well as set off the
speaker’s name in transcripts
of court proceedings.
EXAMPLES
• Laws: Section 6, Rule 1 of the
1997 Rules on Civil Procedure
mandates: These Rules shall be
liberally construed in order to
promote their objective of
securing a just, speedy, and
inexpensive disposition of ever
action and proceeding.
• Formal matter: The accused
stood, his head bent, and said:
“guilty”
• Transcript of court
proceedings: ATTY. PUDYOT:
Do you know defendant’s elder
brother?
 USAGE OF COLON
USAGE RULES
2. Introducing a series A colon is used to introduce a
series, summary and
elaboration. The clause
introducing them must be a
complete sentence in itself.
EXAMPLES
• Series: The Molina case
identified three elements to
establish psychological
incapacity: juridical
antecedence, gravity and
incurability.
• Summary: She and I could have
made a perfect couple save for
the absence of one thing:
marriage.
• Elaboration: My son’s final
grades jumped many points in
his major subjects: from 85 to
90 in Filipino, 86 to 92 in
English and 84 to 90 in Math.
When in doubt whether to hypenate a
compound term (a word coined from two or
more words), the rule is to look up the term in
the dictionary.
 RULES: HYPHEN

GENERAL RULE: compound words beginning with “land”

are written as one word.

Cross-examination, which is questioning an opposing or

hostile witness, is hyphenated while direct examination,
which is the initial questioning of a witness by the party (or
his lawyer) who the witness, is not.
 RULES: HYPHEN

● For compound modifiers or phrasal adjectives use the

hyphen only when the modifier precedes the noun being
modified.

EXAMPLE:
“My eager-to-please friend…” is hyphenated,
but
“My friend is eager to please…” is not.
 RULES: HYPHEN

● The hyphen is not used if the first term of a phrasal

adjective is an adverb (ends in “ly”), unless the phrase
consists of more than two words.

EXAMPLE:
“He went to a highly ranked school…” is not hyphenated,
but
“He went to a not-so-highly ranked school…” is.
 RULES: HYPHEN

● Foreign legal phrases are not hyphenated

EXAMPLE:
“My associate took in the case pro bono publico.”
“It was a quid pro quo deal”

● The following prefixes are usually hyphenated: all-, ex-,

quasi-, self-
EXAMPLE:
all-encompassing, ex-president, quasi-judicial, self-serving
 RULES: HYPHEN

● The following prefixes are usually not hyphenated: pro,

anti, inter, intra, re, de, non, para, semi, super.
Exception: the hyphen is used to avoid ambiguity, or
if the second element is capitalized

EXAMPLE:
reassemble, reassert, reaccuse
antilabor, antismoking, antiforeign
 RULES: HYPHEN
EXCEPTION:
Hyphenate to avoid doubling letters, or having two
successive vowels:
Example: anti-oxidizer, anti-erosion

Hyphenate to avoid ambiguity:

Example:
re-count – repetition of a count
recount – to narrate an event
re-cover – to cover again
recover – to regain after losing (e.g. health, property)
 RULES: HYPHEN

EXCEPTION:
Second element is capitalized, e.g. a proper noun, or noun
phrase, retain the hyphen:

Example: anti-Sandinistas, anti-Aristotelian, anti-free trade,

pre-Hispanic
 RULES: HYPHEN
● Two-word and spelled-out numbers from 21 to 99 are
hyphenated even though they are part of a larger number.
Example: twenty-one, six hundred forty-two

● Spelled out fraction is hyphenated.

Example: one-third, one-thirty-second

● The suspensive hyphen is used when two (or more)

hyphenated words share a common element.
Example: Write a 300- to 500-word essay on justice.
 RULES: HYPHEN

● If the modifier precedes the noun, use the hyphen.

Otherwise (e.g. the compound words appear after the
noun), the hyphen is not used.
Example: The long-anticipated decision was received.
The decision received was long anticipated.

● For line breaks (e.g. breaking the word at the end of the
line) use the hyphen.
Example: It is always good for couples to fight for their
marriage and not resort to easy separation.
 RULES: HYPHEN

Note: Do not divide a word in a page break, or break if each

part would have only less than three letters. Also, avoid
hyphenating at the end of more than two consecutive lines.
It has two main uses: (1) To indicate a
possessive case and (2) the omission of a
letter or figure.
It is also used to form the plural of letters,
numbers, abbreviations or words (used as
such without reference to the meaning).
 RULES: APOSTROPHE
● Add ‘s to singular nouns, even if the base word ends in s or
ss. The same rule is applied in proper nouns.

EXAMPLE:
plaintiff’s, witness’s, Tomas’s, Perez’s

EXCEPTION: For classical or biblical names ending in s, add

an apostrophe only, e.g. Amos’, Jesus’, Narcissus’

Certain virtues take on an apostrophe only to form the

possessive, e.g. for righteousness’ sake, for conscience’ sake
 RULES: APOSTROPHE

● Plural nouns that end in s or z, add apostrophe only.

Otherwise, add ‘s.

EXAMPLE:
defendants’, witnesses’, Reyese’s, children’s, brethren’s
 RULES: APOSTROPHE
● The apostrophe is not used for pronoun possessives such as
its, his, hers, theirs, ours, yours, or whose.
NOTE: “its” is not the same as “it’s”. The latter is the
contraction of “it is.”

● Joint or individual ownership. If joint ownership is meant,

the possessive is formed by putting an apostrophe after the
name of the last owner. If individual ownership is meant,
the apostrophe is used after each owner.
EXAMPLE:
John’s and Myla’s lot. (each owning separate lots)
John and Myla’s lots. (both own the lots together)
 RULES: APOSTROPHE

● For compound expressions, the possessive is formed by

putting the apostrophe after the last word.
EXAMPLE: The bride-to-be’s necklace.
 TO PLURALIZE LETTERS, SINGLE-DIGIT NUMBERS,
UNCAPITALIZED ABBREVIATIONS AND SYMBOLS
USAGE EXAMPLES
When letters or words (used as they are and not 1. Cross your t’s and dot your i’s.
for their meaning) are pluralized, the apostrophe 2. He writes his “leyte’s” uncapitalized.
is used.

The plural of single-digit numbers written in 1. We must walk in 2’s. (Better: We must
figures is formed by adding ‘s walk in twos.)
2. Segregate the bills by 50s.
3. That was done in the 1970s.
Uncapitalized abbreviations are pluralized with ‘s. 1. He has a string of PhDs, yet remains
The plural of a capitalized abbreviation is formed humble.
by adding an s without an apostrophe. 2. Bring your cd’s to the picnic.
 CONTRACTIONS AND ABBREVIATIONS
USAGE EXAMPLES
The apostrophe stands for omitted letters in Aren’t, isn’t, can’t, wouldn’t, Dep’t, Nat’l,
contractions and abbreviations. Ass’n

Generally, however, contractions convey

informality and shoud not be used in formal legal
writing, though such restriction is not as rigidly
enforced today.

A conversational law review article may be

allowed to contract words to covey a friendly,
informal tone.
The apostrophe marks the elision of letters, or ‘round (for around), o’er (for over), ‘63 (for
numbers in a date where the century referred to 1963)
is understood.

Note: the apostrophe should not be confused with

the prime sign, e.g., 5’ to indicate feet.
The parenthesis (pl. “parentheses) is either or both upright curves
used to set off a useful but non-essential word or phrase in a
sentence. The parentheses tone down the segregated material. If
the writer intends to highlight the phrase, the long dahes are used.

EXAMPLE:
The witness (pale and shaking) was grilled during the cross-
examination.
The witness – pale and shaking – was grilled during the cross-
examination.
 RULES: PARENTHESIS
USAGE EXAMPLES
In parenthetical matters giving extra information The Philippines (1946) and India (1947),
or comments use the parentheses. gained independence a year after the other.
To indicate an abbreviated reference to a long P e t e r M e e h a n a n d N a t e D a v i d
name, parentheses are used. (“defendants”) filed their answer.

Note: The use by some writers of “hereinafter

referred to as” (defendants) is unnecessary and
may be shortened to “defendants.”
Parentheses are used to set off numbers or letters His children are (1) Aeneas James, (2)
enumerating subparts of a statement. Anthony Lawrence, and (3) Ariston David.
Quotation marks may be double (“ 0”) or single (‘ 0’). Periods and
commas are placed inside the quotation marks. Other punctuations
(e.g., colon, semi colon, question mark, exclamation point) are
placed outside, unless the question mark and exclamation point are
part of the quoted material.
 RULES: QUOTATION MARKS

Only short quotations (under 50 words) are enclosed by

quotation marks. Those with 50 words or more do not use
quotation marks; instead, they are written as block quotes,
are single spaced and given special left and right indentions.
EXAMPLE:
 RULES: QUOTATION MARKS
USAGE EXAMPLES
In nested quo tations (quotati on/s within a D a g H a m m a r s k j o l d s a i d : “ y o u r
quotation), alternate between the double and responsibility is a ‘to –:’ you can never save
single quotations. yourself by a ‘not to --.’”
If a word or phrase is referred to as such (without Emily Dickinson referred to the grave as
going to is meaning) in a sentence, it may be her “little cottage.”
quoted or italicized.
Emily Dickson referred to the grave as her
little cottage.
Words used ironically or with a different shade of His “wife” will soon arrive.
meaning are set off by quotations.

Quotation marks set off a nickname if written Marianito “Rianing” Ramos

between the first and last names.
Brackets enclose the writer’s own comments into an otherwise
verbatim quotation, indicate his own words substituting original
words in a quotation, or any other insertions, deletions or changes
within quotations.
 RULES: BRACKET
USAGE EXAMPLES
Edito rial c omme nt - B rac kets ar e us ed to Emerson said that “love is the adamantean
i n d i c a t e o n e ’ s p e r s o n a l c o m m e n t s i n a n [an extremely hard substance] shield
otherwise word-for-word quotation. which makes blow ridiculous.”
Substitution or omission of a letter/word (to Thomas a Kempis’ words had lingered:
agree in tense, number or gender with rest of the “[D]o you seek rest? You were only created
sentence. to labor”

NOTE: If a letter is not capitalized in the original Note: Why do you seek rest? You were only
but must now be capitalized, that letter must be created to labor.”
bracketed. Do not italicize brackets.
The bracketed matter may likewise indicate “The review placed [Margaret Mitchell’s
additional information, including the translation Pulitzer Prize-winning story] Gone With
or clarification of a data quoted. the Wind at the ‘pinnacle of Hollywood
moviemaking.’”

“It’s a case of occasio facit furem

[opportunity makes the thief.]”
 RULES: BRACKET
USAGE EXAMPLES
Sic, which is Latin for “thus,” is inserted in In her diary she scribbled in bird-like
brackets directly after a quoted word to show that scratches: “Truth [sic] shall set you free.”
the material is quoted literally, and that in the
o p in i o n o f t h e p e r s o n q u o t i n g t h e w o r d / s
immediately preceding the “[sic]” is erroneous or
doubtful.
Phonetic alphabets and symbols are bracketed “The Spanish vowel [u] sounds like the [u]
when written in a sentence. in rule.”
Ellipsis and eclipse, have the same Greek rot
word LEIPEIN meaning LEAVE. These are
marks as “…” or “***”.

NOTE: The dots are also used to indicate a

pr otr a cted p au se i n a d ia lo gu e w hi le the
asterisks are still used today to mark deleted
parts.
 RULES: ELLIPSIS

● In Legal writing is to use only ellipsis dots.

● Three ellipsis dots indicate the omission of one or more
words in a quotation.
● Four dots (three ellipsis dots and a period) are used if the
omission occurs at the end of the sentence.
 RULES: ELLIPSIS
Example:

1. Leo Tolstoy once asked: “[Is] there any book of the law so
clear to each man as that written in his heart?”

Full quotation reads;

“Where is there any book of the law so clear to each man
as that written in his heart?”

2. “I… feel I am, ah…entitled…to the property”

Also called “STAR”. It is used to indicate
footnotes, references or omissions. The note
indicated by an asterisk is usually placed at the
bottom margin of a document.
Also called the SOLIDUS or DIAGONA. Is that
diagonal stroke indicating “or” options.

Example:
1. It is all right to wear shoes/slippers in class
2. Vic and/or Willi may withdraw from this
account.
 RULES: VIRGULE
The virgule is also used in the following:

● Fractions (e.g., 2/3)

● Dates (e.g., 4/24/07)
● To indicating breaks when poems are written
continuously (e.g., The grave my little cottage is / Where,
keeping house for thee / I make my parlor orderly /And
lay the marble tea.)
● When per is used (e.g., (90 km./hr.)
● In abbreviations (e.g., N/A)
The dash may be:

A. LONG (em-dash)
Indicate a sudden break in a sentence — to amplify,
define, explain or summarize the matters before the
dashshort (the en-dash).
They often substitute the colon, as such as to
introduce a list, or set off oppositives.

NOTE: Dashes are less formal than the colon

 RULES: EM-DASH

Examples:

1. The truth — that’s what I wanted to hear from you.

2. My favorite fruits are tropical — mangoes, papayas and
pineapples.

NOTE: appearing in pairs, em dashes substitute for

commas and parenthesis.
 RULES: EM-DASH

Em dashes are strong and emphatic punctuations, they

should be used sparingly.

Example:
He broke down — unexpectedly — while testifying.
B. SHORT(en-dash)

The en or short dash looks like a hypen, and means

through or up to.

Example:
2003-2007, Monday-Saturday
• It symbolizes and and short-cuts the word.
• It is not used in formal writing, except as part of
corporate naming style when they wants itself to be
known using the punctuation.
(e.g., American Telephone & Telegraph Co.)
• In case of government agencies the word is used.
(e.g., Department of Public Works and Highways)
• When the ampersand is used instead of the comma in
the last two items in a series the comma is not used.
(e.g., the law firm of Flores, Palmera & Go.)