Plain English / Plain Language revisions:I used the pronoun “you” to directly address the user, and pronoun “we” to refer to the office.
I broke up the original one long paragraph into four short paragraphs.
I used a bulleted list for clarity.
Before
After
The Merit Test
Under PAO M.C. No. 18 series of 2002, a case shall be considered meritorious if an assessment of the law and evidence on hand discloses that the legal services of the office will assist or be in aid of or in the furtherance of justice, taking into consideration the interests of the party and those of the society. In such cases, the Public Attorney should agree to represent the party concerned. On the other hand, a case is deemed unmeritorious if it appears that it has no chance of success, or is intended merely to harass or injure the opposite party or to work oppression or wrong. In such situation, the Public Attorney must decline the handling of the case. A Public Attorney may represent an indigent client even if his cause of action is adverse to a public officer, government office, agency or instrumentality provided the case is meritorious. Caution should however be exercised that the office be not exposed to charges of harassment, unfairness or undue haste in the filing of suits. In criminal cases, the accused enjoys the constitutional presumption of innocence until the contrary is proven. Hence, cases of defendants in criminal actions are considered meritorious.
The Merit Test
We will assess your case based on the law and evidence. If our services will render justice to you and our society, we will handle your case.
As long as your case is meritorious, we will help you even if your opponent is a public officer, agency or instrumentality.
If you are the defendant in a criminal case and cannot afford a private lawyer, we will accept your case.
We will not, however, accept your case if:
it has no chances of winning in court, or
it will harass or injure the opposite party, or
it will cause oppression or wrong.
(Note: Based on PAO M.C. No. 18 series of 2002)
Plain English / Plain Language revisions:I used the pronoun “you” to directly address the user, and avoided legalese by using simple words.
Before
After
The Indigency Test
Pursuant to PAO MEMORANDUM CIRCULAR NO. 02 Series of 2010 dated January 27, 2010 and entitled as “AMENDING SECTIONS 3, 4, and 5, ARTICLE II OF MEMORANDUM CIRCULAR NO. 18, S. 2002 (Amended Standard Office Procedures in Extending Legal Assistance)” in relation to the provisions of Republic Act (RA) No. 9406 enacted by Congress and approved by Her Excellency President Gloria Macapagal-Arroyo on March 23, 2007 and its Implementing Rules and Regulations dated July 14, 2008, the Indigency Test set forth in Section 3, Article II, MC No. 18, S. 2002, is hereby amended to read as follows:
Indigency Test. – Taking into consideration recent surveys on the amount needed by an average Filipino family to (a) buy its “food consumption basket” and (b) pay for its household and personal expenses, the following applicant shall be considered as an indigent person:
1. If residing in Metro Manila, whose net income does not exceed Php14,000.00 a month;
2. If residing in other cities, whose net income does not exceed Php13,000.00 a month;
3. If residing in other places, whose net income does not exceed Php 12,000.00 a month.
The term “net income” as herein employed shall be understood to refer to the income of the litigant less statutory deductions.
Statutory deductions shall refer to withholding taxes, GSIS, SSS, Pag-Ibig, Health Insurance and Philhealth premiums as well as mandatory deductions.
For purposes of this Section, ownership of land shall not per se constitute a ground for disqualification of an applicant for free legal assistance in view of the ruling in Juan Enaje vs. Victorio Ramos, et al. (31 SCRA 141, G.R. No. L-22109, January 30, 1970) that the determinative factor for indigency is the income of the litigant and not his ownership of real property.
The Indigency Test
You are considered indigent:
If you are residing in Metro Manila, your net income does not exceed Php14,000.00 a month;
If you are residing in other cities, your net income does not exceed Php13,000.00 a month;
If you are residing in other places, your net income does not exceed Php 12,000.00 a month.
The term “net income” refers to your income less deductions like withholding taxes, GSIS, SSS, Pag-Ibig, Health Insurance, and Philhealth premiums, as well as mandatory deductions.
You are considered indigent even if you own real property.
[Based on PAO Memorandum Circular No. 02 Series of 2010 dated January 27, 2010 and entitled as “Amending Sections 3, 4, and 5, Article II of Memorandum Circular No. 18, S. 2002 (Amended Standard Office Procedures in Extending Legal Assistance)” in relation to Republic Act No. 9406]
Plain English revisions:I used the pronoun “you” to directly address the user.
I used pronoun “I” for the question heading.
I avoided legalese and jargon (like “jurisdiction”) by using equivalent, simple words.
Before
After
How to avail of services of the PAO
To ensure that only those qualified shall be extended free legal assistance, the applicant shall be required to execute an Affidavit of Indigency and to submit any of the following documents:
1. Latest Income Tax Return or pay slip or other proofs of income; or
2. Certificate of Indigency from the Department of Social Welfare and Development, its local District Office, or the Municipal Social Welfare and Development Office having jurisdiction over the residence of the applicant; or
3. Certificate of Indigency from the Barangay Chairman having jurisdiction over the residence of the applicant.
How can I avail of services of the PAO?
You must execute an Affidavit of Indigency and submit any of the following documents:
Latest Income Tax Return, or pay slip, or other proofs of income; or
Certificate of Indigency from the Department of Social Welfare and Development, its local District Office, or
the Municipal Social Welfare and Development Office of the place where you live; or
Certificate of Indigency from the Chairman of the barangay where you live.
Related posts (Before and After revisions of selected government communications):
Notice to Depositors of Banco Filipino and Schedule of Depositors Forum (original version)
Depositors with accounts of P5,000 and below, who have no outstanding loans and whose addresses are updated in the Bank’s records, need not file deposit insurance claims.
PDIC will send payment in the form of postal money order (PMO) directly to depositors with valid accounts of P5,000 and below through registered mail. PMOs may be encashed in more than 1,400 postal offices and more than 300 Land Bank branches nationwide.
Depositors with accounts above P5,000; and depositors with P5,000 and below, who have outstanding loans and whose addresses are not updated in the Bank’s records are required to file deposit insurance claims. Claim Forms will be distributed during Depositors Forums to be conducted nationwide.
Only depositors with accounts above P5,000; and depositors with P5,000 and below, who have outstanding loans and whose addresses are not updated in the Bank’s records need to attend the Depositors Forum. Those with P5,000 and below, who have no outstanding loans and whose addresses are updated in the Bank’s records, need not attend the Depositors Forum.
Plain Language revisions using an If/Then table
If your account is …
then ...
above P5,000
1. you need to attend the Depositors Forum; and
2. you must file a deposit insurance claim.
Note: Claim Forms will be distributed during the Depositors Forums to be conducted nationwide; see the schedule below.
If your account is ...
and
then ...
P5,000 and below
you have no outstanding loan; and
your address is updated in the Bank’s records
you do not need to attend the Depositors Forum;
you do not need to file a deposit insurance claim; and
we will send to you by registered mail the payment in postal money order (PMO);
you can encash the PMO in more than 1,400 postal offices and more than 300 Land Bank branches nationwide.
Text only Plain English revisions (using headings, active voice, pronouns “I” in the question heading and “you” to directly address the user, and vertical lists for clarity)
Who does not need to file a deposit insurance claim?
You do not need to file a claim if your account is P5,000 and below, and:
you have no outstanding loans, and
your address is updated in the Bank’s records.
We will send you by registered mail the payment in postal money order (PMO). You can encash the PMO in more than 1,400 postal offices and more than 300 Land Bank branches nationwide.
Who needs to file a deposit insurance claim and to attend the Depositors Forum?
You need to file a claim and attend the forum if:
your account is above P5,000; or
your account is P5,000 and below, you have an outstanding loan, and your address is not updated in the Bank’s records.
Where can I get a Claim Form?
You may get the form:
during the Depositors Forum;
from the branch where you maintained your account; or
from the PDIC website, www.pdic.gov.ph.
Related posts (Before and After revisions of selected government communications):
Plain English revision: I used the pronoun “you” to directly address the user.
Before
After
Who are entitled to the benefits and privileges granted under RA 9994?
All Filipino residents who are 60 years old and above are entitled to the benefits and privileges granted RA 9994. It may cover elderly “dual citizens” who can prove Filipino citizenship and at least 6 months residency in the Philippines.
Who are entitled to the benefits and privileges granted under RA 9994?
If you are a Filipino resident 60 years old and above, you are entitled to the benefits and privileges under RA 9994.
If you are a “dual citizen,” you must also prove (1) your Filipino citizenship and (2) at least six months residency in the Philippines.
Plain English revision: I used a vertical list to break up the paragraph and to make things clearer.
Before
After
Who are entitled to the benefits and privileges granted under RA 9994?
All Filipino residents who are 60 years old and above are entitled to the benefits and privileges granted RA 9994. It may cover elderly “dual citizens” who can prove Filipino citizenship and at least 6 months residency in the Philippines.
Who are entitled to the benefits and privileges granted under RA 9994?
If you are a Filipino resident 60 years old and above, you are entitled to the benefits and privileges under RA 9994.
If you are a “dual citizen,” you must also prove:
(1) your Filipino citizenship, and
(2) at least six months residency in the Philippines.
Plain English revisions: I used the pronoun “I” in the question heading. Instead of “availing” or “utilizing,” I used the short, simple word “use.” I deleted the word “preclude.” I turned the verbose paragraph into a one-word answer.
Before
After
Does availing of the 20% senior citizens discount on hospitalization or medical services preclude utilizing PHILHEALTH benefits at the same time?
No, a senior citizens discount on hospitalization and/or medical services can be availed of separately. Thus, PHILHEALTH coverage can still be utilized on top of the 20% senior citizens discount.
Can I use the 20% senior citizens discount on hospitalization or medical services and my PHILHEALTH benefits at the same time?
Yes.
Plain English revisions: I used the pronouns “I” in the question heading and “you”to address the user. I avoided legalese like “owing to the limitation,” and used a vertical list for clarity. I edited the redundant phrases “duly authorized representative” and “a document specifically authorizing the representative.” I used “But” instead of “However” to start the last sentence (original sentence used 30 plus words while the edited sentence uses ten words only).
Before
After
Can bedridden or incapacitated senior citizens avail of discounted purchases through a representative?
Yes, but senior citizens can send their duly authorized representative to purchase their medicines and grocery items only. However, the representative must carry the senior citizen’s OSCA ID, the senior citizen’s purchase booklet, a document specifically authorizing the representative, and a doctor’s prescription when necessary.
However, discounted food purchases cannot be by proxy or through a representative owing to the limitation that it should be for the exclusive use and enjoyment, or “personal consumption” of the senior citizen only.
If I am bedridden or incapacitated, can I make discounted purchases through my representative?
Yes, you can send your representative to buy medicines and grocery items. Your representative must present your:
senior citizen’s OSCA ID;
purchase booklet;
letter of authorization, and
doctor’s prescription when purchasing medicines.
But you cannot make discounted food purchases through your representative.
Related posts (Before and After revisions of selected government communications):
Plain English revisions: using pronouns “I” for the user in the question heading and “you” to directly address the reader; an If/Then table; legalese like “heretofore” is replaced by the simpler word “previously”; and other revisions in the text.
Educational Benefits How can I avail of the benefits?
If you are one of the persons listed below:
and
then ...
(1) Veteran of the Philippine revolution against Spain and the Philippine-American War;
(2) Veteran of the Philippine Army or of any recognized or deserving guerrilla organization that participated in the resistance movement or in the liberation drive during World War II from December 8, 1941 to December 2, 1945;
(3) Veteran of the Philippine Expeditionary Forces to Korea (PEFTOK) during the period from September 15, 1950 to May 31, 1955;
(4) Veterans of the Philippine Civic Action Group or Philippine contingent in Vietnam (PHILCAG) during the period from August 31, 1964 to December 1969.
(5) The unmarried spouse of a deceased veteran; or
(6)
(a) A direct descendant of a veteran who renounces the benefit in your favor;
(b) or a direct descendant of the deceased veteran, and the surviving spouse of the veteran or your legal guardian applies for the benefit in your favor.
Note: Only one descendant can avail of the benefits.
you have not previously enjoyed educational benefits under the laws of the Philippines or the United States,
upon certification of the Administrator, you may be admitted to any school, college, university or institution authorized by the Government.
Related posts (Before and After revisions of selected government communications):
(Note: I conduct seminar-workshops for schools, organizations, government offices, and private companies that want to train their staff in Plain English / Plain Language. Please email me at gtgalacio@yahoo.com or text 0927-798-3138 for details.)
Since the late 1970’s and early 1980’s, various private groups (like the Plain English Campaign in the UK) and national governments (like Australia) have been pushing for and implementing “Plain Language” programs. Also referred to as “Plain English” or “Plain Writing,” plain language programs seek to make laws and regulations clear so that can find what they need, understand what they read, and use it to fulfill their needs.
Definitions of Plain English / Plain Language
[1] By Professor Robert Eagleson ( Sydney, Australia)
“Plain English is clear, straightforward expression, using only as many words as are necessary. It is language that avoids obscurity, inflated vocabulary and convoluted sentence construction. It is not baby talk, nor is it a simplified version of the English language.
“Writers of plain English let their audience concentrate on the message instead of being distracted by complicated language. They make sure that their audience understands the message easily.”
[2] By Martin Cutts, author of “The Plain English Guide” (1995)
“Plain English is the writing and setting out of essential information in a way that gives a co-operative, motivated person a good chance of understanding the document at first reading, and in the same sense that the writer meant it to be understood.”
[3] International Plain Language Working Group (Clarity International, PLAIN, and Center for Plain Language)
“A communication is in plain language if it meets the needs of its audience - by using language, structure, and design so clearly and effectively that the audience has the best possible chance of readily finding what they need, understanding it, and using it.” (Clarity Number 64, November 2010)
Countries that have adopted Plain Language programs
Plain Language programs are not limited to the English language. For examples, Sweden has its Plain Swedish program (Klarspak), Canada has a plain language program in French for Quebec lawyers, and Mexico has “Lenguaje ciudadano.” Since the 1980's, numerous countries have adopted plain language programs to better serve their citizens. These are:
US (Plain Writing Act of 2010; Section 1311, subsection 3, paragraph B of Patient Protection and Affordable Care Act of 2010, the use of plain language in health plans)
Australia (Victoria Law Reform Commission, 1980’s; Corporations Law Simplification Program and the Tax Law Improvement Project, 1990’s)
UK (Inland Revenue’s Tax Law Rewrite 1996: Capital Allowances Act 2001, Income Tax (Earnings and Pensions) Act 2003, Income Tax - Trading and Other Income - Act 2005)
Singapore (In 1996, the Board of Legal Education introduced plain English into the Postgraduate Practice Law Course, a 5-month full time course that culminates in written examinations. The PLC is compulsory for admission to the bar in Singapore; Legal Writing Programme, National University of Singapore, 2001)
Malaysia (CICC Model Terms of Construction Contracts for Sub-Contract Works, 2007)
Chile (“Ley Facil” program of the National Library of Congress, 2005)
Spain (“Modernizacion del Lenguaje Juridico” 2009)
October 13: International Plain Language Day
International Plain Language Day (IPLD) takes place on October 13. People and organizations will be hosting events online, in offices and on the streets to mark their support for putting readers first in communication by using plain language. You can read more about the various grassroots activities planned on the IPLD Facebook page. (Source: Pikestaff 52, a publication of Plain Language Commission)
Benefits of Plain Language for government offices
In the US, the Office of Management and Budget implements the Plain Writing law. In its final guidelines, the OMB states that plain language:
improves public understanding of government communications;
saves money and increase efficiency;
reduces the need for the public to seek clarification from agency staff;
improves public understanding of agency requirements and thereby assist the public in complying with them;
reduces resources spent on enforcement;
improves public understanding of agency forms and applications and thereby assist the public in completing them; and
reduces the number of errors that are made and thus the amount of time and effort that the agency and the public need to devote to correcting those errors.
Many companies have switched to plain English because it’s a good business decision.
Companies that communicate successfully with their investors form stronger relationships with them. These companies save the costs of explaining legalese and dealing with confused and sometimes angry investors.
Plain English versions are easier to read electronically than legalese.
The SEC also explains that using Plain English benefits everyone:
Investors will be more likely to understand what they are buying and to make informed judgments.
Brokers and investment advisers can make better recommendations to their clients if they understand documents easily.
Lawyers reviewing plain English documents catch and correct mistakes more easily.
Warren Buffett, world’s richest man in 2008, endorses Plain English
Buffett is an American investor, industrialist and philanthropist. He was ranked as the world’s richest person in 2008 and is the second richest person in the world as of 2011. In the preface to the “SEC Plain English Handbook” mentioned above, he endorses the use of Plain Language:
This handbook, and Chairman Levitt’s whole drive to encourage “plain English” in disclosure documents, are good news for me. For more than forty years, I’ve studied the documents that public companies file. Too often, I’ve been unable to decipher just what is being said or, worse yet, had to conclude that nothing was being said.If corporate lawyers and their clients follow the advice in this handbook, my life is going to become much easier.
There are several possible explanations as to why I and others sometimes stumble over an accounting note or indenture description. Maybe we simply don’t have the technical knowledge to grasp what the writer wishes to convey. Or perhaps the writer doesn’t understand what he or she is talking about. In some cases, moreover, I suspect that a less-than-scrupulous issuer doesn’t want us to understand a subject it feels legally obligated to touch upon.
Perhaps the most common problem, however, is that a well-intentioned and informed writer simply fails to get the message across to an intelligent, interested reader. In that case, stilted jargon and complex constructions are usually the villains.
This handbook tells you how to free yourself of those impediments to effective communication. Write as this handbook instructs you and you will be amazed at how much smarter your readers will think you have become.
Perhaps the most common problem, however, is that a well-intentioned and informed writer simply fails to get the message across to an intelligent, interested reader. In that case, stilted jargon and complex constructions are usually the villains.
This handbook tells you how to free yourself of those impediments to effective communication. Write as this handbook instructs you and you will be amazed at how much smarter your readers will think you have become.
Write with a specific person in mind. When writing Berkshire Hathaway’s annual report, I pretend that I’m talking to my sisters. I have no trouble picturing them: Though highly intelligent, they are not experts in accounting or finance. They will understand plain English, but jargon may puzzle them. My goal is simply to give them the information I would wish them to supply me if our positions were reversed.
To succeed, I don’t need to be Shakespeare; I must, though, have a sincere desire to inform.
Measurable benefits of using Plain Language in private businesses and government offices
Based on interviews with 10,000+ consumers in 7 countries, the Simplicity Index evaluated the simplicity of 500+ brands. Conclusion: Simplicity pays.(Download PDF)
[2] What is the impact of simplicity on businesses, on customer, and on employees?
On businesses: Higher customer loyalty
On customers: Greater willingness to pay (for simpler experiences, people would pay up to 5.9% more)
On employees: Increased employee motivation (companies that articulate a purpose simply and make it a central purpose for employees foster innovation.)
“Plain Language: Writing for Dollars, Writing to Please”
Prof. Joseph Kimble, Cooley College of Law, Michigan, USA, is a world-recognized authority on Plain Language. He is also the president of Clarity International, a worldwide organization of lawyers and other individuals committed to the use of Plain Language. His classic study is “Plain Language: Writing for Dollars, Writing to Please” published in The Scribes Journal of Legal Writing, 1997. In the study, Prof. Kimble cited testimonials from officials at trade associations (American Council of Life Insurance, American Gas Association) and at businesses (Shell Oil, Target Stores, Pfizer, Sentry Insurance, Bank of America, General Motors) on the benefits of Plain Language:
Plain Language streamlines procedures and paperwork, makes it easier to train staff, and increases staff productivity and morale.
It reduces confusion, complaints, and claims, and it improves customer satisfaction.
It increases sales and raises the company’s standing in the marketplace.
In his study, Prof. Kimble cited several examples of the economic benefits of using Plain Language:
The US Navy estimated plain English could save it between $250–$300 million every year.
General Electric saved $275,000 by redrafting manuals into plain English.
The US Department of Veterans Affairs saved $40,000 redrafting one standard letter into plain English.
Federal Express, in revising its operations manuals, saved the company $400,000 in the first year.
Alberta Agriculture, Food, and Rural Development, in revising its forms, saved $3.5 million.
Customers in three surveys of standard letters from banks unanimously preferred the plain English versions.
British Telecom cut customer queries by 25 percent by using plain English.
The Royal Mail (British postal service) saved £500,000 in nine months by redesigning one form in plain English.
A UK Government Plain English initiative saved £9 million in printing costs.
“How Plain English Works for Business: Twelve Case Studies” by the Office of Consumer Affairs, U.S. Department of Commerce
This March 1984 study reveals how some companies benefited by simplifying their consumer documents. Their use of plain English improved their corporate image and competitive position, as well as streamlined their procedures, eliminated unnecessary forms, and reduced customer complaints. These companies and their Plain English documents or programs are:
Citibank, N. A. (simplified promissory note)
Home Owners Warranty Corporation
J. C. Penny Company, Inc. (consumer information guide)
Pfizer, Inc. (healthcare education program)
Roche Laboratories/Hoffman-LaRoche Inc. (medication education)
Shell Oil Company (“Come to Shell” information campaign)
Target Stores
Aetna Life & Casualty (Plain English programs)
American Council of Life Insurance (understandable life and health insurance policies)
Insurance Information Institute (consumer information brochures)
Sentry Insurance
St. Paul Fire and Marine Insurance Company
Former US Vice-President Al Gore: “Plain Language is a civil right.”
Health literacy and Plain Language
What is health literacy?
The Patient Protection and Affordable Care Act of 2010, Title V, defines health literacy as the degree to which an individual has the capacity to obtain, communicate, process, and understand basic health information and services to make appropriate health decisions. Health literacy is the use of a wide range of skills that improve the ability of people to act on information in order to live healthier lives. These skills include reading, writing, listening, speaking, numeracy, and critical analysis, as well as communication and interaction skills. Health literacy allows the public and personnel working in all health-related contexts to find, understand, evaluate, communicate, and use information. (Calgary Charter on Health Literacy, 2008)
Connection between health literacy and plain language
[1] Plain language is a strategy for making written and oral information easier to understand. It is one important tool for improving health literacy. (Quick Guide to Health Literacy)
Low health literacy is a major challenge confronting American and international health organizations. Research in the past decade has documented the prevalence of limited literacy and limited health literacy skills among adults worldwide. This creates a major policy challenge: how to create text-based health information - a common method of health communication - that is accessible to the public. Plain language is a logical, flexible response. While touted by American, Canadian, and European health policy makers, adoption and promotion of plain language standards and skills in health-focused organizations have lagged. Most text-based health information continues to be too hard for most adults to read. Barriers to more rapid diffusion of plain language are reflected in a set of myths perpetuated by critics. These myths are identified and refuted. While plain language is only one of many broad-based solutions needed to address low health literacy, the benefits to everyone demand increased use by health organizations.
[1] Plain Language means clear and effective communication - the opposite of legalese - and it has a long literary tradition. It does not mean baby talk or dumbing down the language.
[2] Plain Language and precision are complementary goals, not antagonists.
[3] Plain Language is not subverted by the need to use technical terms or terms of art.
[4] Plain Language is not just about vocabulary. Rather, it involves all the techniques for clear communication:
planning the document;
designing it;
writing clear sentences;
using plain words; and
testing the document whenever possible on typical readers.
Plain Language is not simplistic and does not “dumb down” the writer and reader
[1] Plain language does not tend to come naturally to the author of any work and the legislative drafter is no exception.
[2] Only the clearest thinkers and writers can absorb the most complicated subject-matters and present information in a way which is accessible to a wide audience.
[3] The end product may look easy to write - the reality is that it is much more difficult to simplify than to complicate when writing about a complex topic.
[4] Skill and time are both essential if writing is to be made clearer.
US SEC clarifications and description of Plain English As stated above, the US SEC has been implementing a Plain English program since 1998. In its handbook, the SEC explains what Plain English is all about:
[1] Plain English writing does not mean deleting complex information to make the document easier to understand. For investors to make informed decisions, disclosure documents must impart complex information.
[2] Using plain English assures the orderly and clear presentation of complex information so that investors have the best possible chance of understanding it.
[3] Plain English means analyzing and deciding what information investors need to make informed decisions, before words, sentences, or paragraphs are considered.
[4] A plain English document uses words economically and at a level the audience can understand.
[5] Sentence structure is tight.
[6] Tone is welcoming and direct.
[7] Design is visually appealing. [8] A plain English document is easy to read and looks like it’s meant to be read.
Plain Language initiatives in the Philippines (updated as of October 4, 2013)
SEC. 20. Use of Plain Language. - Every government agency shall endeavor to use plain language in their communications orders, compliance, requirements or instructions issued to implement the provisions of this Act. The government agencies shall translate key information into major Filipino languages and present them in popular form and means.
(1) To carry out the provision of this Act, the Civil Service Commission (CSC) is designated to issue guidelines on the use of plain language to suit the needs of the requesting party;
(2) The CSC shall provide the necessary training to employees of each government agency in using plain language in public documents;
(3) All departments, agencies and instrumentalities of the national government, including government-owned or controlled corporations, local government units and state colleges and universities shall designate an official responsible for implementing the plain language; and
(4) Website contents, including, but not limited to financial data, notices and other technical and legal documents, of government agencies must also be written in plain language to ensure that these information are easy to read, understand and use.
Senate Bill No. 1859 Plain Language Act "An Act To Enhance Citizen Access To Government Information And Services By Establishing That Government Documents Issued To The Public Must Be Written Clearly And In Plain Language" filed by Sen. Miriam Defensor-Santiago
Status: None of these bills got past the Committee level.
[2] Minor initiatives
A. House Bill No. 5219 "The Wireless Telephone Consumer Protection Act of 2011" filed by Reps. Diosdado Macapagal Arroyo and Gloria Macapagal Arroyo. Section 10 provides that "wireless telephone service providers must provide bills that are clearly organized describe in plain language the products and services for which charges are imposed, and that conform to format standards established by the Commission." Problems: No guidelines on what is "plain language" and no penalty for non-compliance.
B. Securities and Exchange Commission
1. "Sales and Marketing Guidelines for Derivatives," from SEC document titled "New Rules on the Registration of Long-Term Commercial Papers." The guidelines state that banks must adopt suitability statements that use "simple and plain language" and use "concise and clear messages."
"A prospectus must be worded in plain language which is understandable by an ordinary person." (3, B)
"All information that is required to be included in the prospectus shall be clearly understandable without the need to refer to SEC Form 12-1 or to the general rules and regulations. The goal of registration (disclosure for the benefit of investors) involves, among other things, the use of language that can be understood by the person to whom it is addressed. Failure to use language that is clear and understandable to the investor may defeat the purpose of the prospectus." (I, v)
"The Client Agreement shall be in a language understood by the client. The registered persons who deal directly with clients shall explain to the client the contents of the agreement." (3, B Client Agreement)
Problems: The SEC documents do not provide standards for what constitutes "plain language" or "clear and understandable language." No penalties are provided for non-compliance.
C. Bangko Sentral ng Pilipinas Circular No. 702, Series of 2010 (unfair credit card debt collection practices and their sanctions). The circular provides that credit card billings must be printed in plain language. Problems: No guidelines on what constitutes "plain language" and no penalty for non-compliance.
D. Supreme Court wallsheets for civil cases and criminal cases. Problem: The wallsheets are intended for the public but they still contain a lot of jargon and legalese. For example, "single sala court." But the wallsheets are a step in the right direction.
Section 3. Duty of drawee; rules of evidence. - It shall be the duty of the drawee of any check, when refusing to pay the same to the holder thereof upon presentment, to cause to be written, printed, or stamped in plain language thereon, or attached thereto, the reason for drawee's dishonor or refusal to pay the same:
Enacted in 1979, BP 22 is the most violated criminal offense in the Philippines. The Supreme Court has ruled numerous times on BP 22's provisions. But these rulings have never clarified the term "plain language" in Section 3.
B. Numerous Supreme Court decisions use the term "plain language" but the term is merely a synonym for "plain meaning." The most interesting case I found is "Bermudez vs. CFI of Tayabas" decided in 1917. Back in the early 1900s, the Philippines was an American colony and American jurists served in its Supreme Court. Justice Moreland, in his concurring and dissenting opinion, lamented:
"Is this not plain language? Is it not direct language? Is it not strong language? Is it not conclusive language? Yet does the court follow it?"
Plain English / Plain Language revisions: “Before and after” comparisons of selected government communications
I will be posting in this blog my Plain Language revisions of selected government communications. By showing “before and after” comparisons, I hope that our lawmakers and owners of private businesses will realize the benefits of implementing a Plain Language program.
Plain English / Plain Language lecture-seminars I also conduct seminar-workshops for government offices or private companies that want to train their staff in Plain English. Please email me at gtgalacio@yahoo.com or text 0927-798-3138 for details.
Writing science in plain English by Dr. Lynn Dicks, Conservation Science Group, Department of Zoology, University of Cambridge (30-minute Youtube
video)
Scientific Writing: Clarity, Conciseness, and Cohesion (from Duke University)
Plain Language in Science: Signs of Intelligible Life in the Scientific Community? (Science Editor, Nov - Dec 2001, Vol 24 No 6)
Online resources on Plain English / Plain Language by Google
Garner on Language and Writing, by Bryan A. Garner, editor of Black’s Law Dictionary, 749 pages (copyright by American Bar Association) Topics include learning to write, style, persuasion, contractual and legislative drafting, grammar, lexicography, writing in law school, writing in law practice, judicial writing, and all the literature relating to these diverse subjects.
Plain Language Medical Dictionary The Plain Language Medical Dictionary widget is a project of the University of Michigan Taubman Health Sciences Library as part of the Michigan Health Literacy Awareness project.
Kinds of pleadings (Rules 6, 7 and 8 of the Rules of Court)
1. Complaint - the written statement of a plaintiff’s cause of action; the names and residences of the plaintiff and defendant must be stated in the complaint.
2. Answer - specific denials of allegations of the complaint, or a statement of new facts preventing recovery by the plaintiff
3. Counterclaim - any claim which a defending party may have against an opposing party (this may either be compulsory or permissive)
4. Crossclaim - a claim by one party against a co-party arising out of a transaction or occurrence that is the subject matter of the original suit, or of a counterclaim
5. Reply - a denial of new matters stated in the answer (if no reply is filed, the new matters are deemed controverted)
6. Third party complaint - a claim filed by the defendant with the permission of the court against a person who is not a party in the lawsuit (called the “third party defendant”) for contribution, indemnity, subrogation, etc.
Kinds of motions (Rules 6, 7 and 8 of the Rules of Court)
1. Motion for bill of particulars - a request by a party for a clearer and more specific statement of allegations made by the opposing party, to enable him to prepare his responsive pleading or to prepare for trial. It must point out defects complained of and the details desired.
2. Motion to dismiss - a move by the defendant to dismiss the suit against him based on grounds like the lack of jurisdiction, no cause of action, etc.
3. Motion for intervention - made by a person who has a legal interest:
(a) in the matter in litigation;
(b) in the success of either party;
(c) an interest against both; or
(d) who will be adversely affected by distribution or disposition of property in the custody of the court or an officer thereof.
4. Motion for judgment on the pleadings - made by the plaintiff for the court to render a decision based solely on the pleadings because the defendant’s answer does not deny the allegations in the complaint, except damages (this is not allowed for legal separation or annulment cases).
5. Motion for summary judgment - made by any party for the court to render a decision based on the pleadings (complaint, answer, etc), affidavits, stipulations, and admissions, in cases like recovery of debts, etc.
Notes:
1. Personal service of the pleading or motion is preferred. If it is either filed or served through registered mail, it must contain an explanation why personal service was not resorted to (Rule 13, Section 11).
2. Service of a motion on an adverse party should generally be done as to ensure its receipt at least three days before the hearing. Motion day generally is Friday; some courts schedule hearings on any day. If you are a new lawyer, always ask the court staff if the court has a specific motion day.
3. Based on the “omnibus motion rule”, a motion shall include all objections then available; if not included, they are deemed waived, except lack of jurisdiction over the subject matter, litis pendentia, res judicata, and prescription.
4. In a motion to reset a hearing (after the pre-trial conference), the proper fee must be paid.
5. Motions for postponements due to illness of a party or counsel must be accompanied by affidavits or sworn certification.
6. Trial lawyers sometimes say “talo sa motions, panalo sa kaso.” The proceedings in a court case can sometimes be like a roller coaster ride. In one hearing, there may be good results (the judge grants the motion, or the presentation of a witness goes well). But in another hearing, the results may be the opposite. This is one reason why lawyers are not allowed by the ethics of the profession to guarantee to the client the successful outcome of a case.
7. Compared to civil cases, there are a lesser number of pleadings in criminal and labor cases. This is why some lawyers prefer handling only criminal or labor cases.
The RA 9262 “psychological violence” case filed by Katrina against Hayden was dismissed yesterday by Judge Rodolfo Bonifacio of Branch 159 of the Regional Trial Court of Pasig City. Let’s take a look at some of the legal issues involved:
What is a “Demurrer to Evidence”?
The Pasig City RTC granted the “Demurrer to Evidence” filed by Hayden’s lawyer. In brief, a “demurrer to evidence” is a motion to dismiss the case for lack of sufficient evidence to convict the accused. This is governed by Section 23, Rule 119 of the Rules on Criminal Procedure. The said section states:
SEC. 23. Demurrer to evidence.—After the prosecution rests its case, the court may dismiss the action on the ground of insufficiency of evidence (1) on its own initiative after giving the prosecution the opportunity to be heard or (2) upon demurrer to evidence filed by the accused with or without leave of court.
If the court denies the demurrer to evidence filed with leave of court, the accused may adduce evidence in his defense. When the demurrer to evidence is filed without leave of court, the accused waives the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution.
The motion for leave of court to file demurrer to evidence shall specifically state its grounds and shall be filed within a non-extendible period of five (5) days after the prosecution rests its case. The prosecution may oppose the motion within a non-extendible period of five (5) days from its receipt.
If leave of court is granted, the accused shall file the demurrer to evidence within a non-extendible period of ten (10) days from notice. The prosecution may oppose the demurrer to evidence within a similar period from its receipt.
The order denying the motion for leave of court to file demurrer to evidence or the demurrer itself shall not be reviewable by appeal or by certiorari before judgment.
Procedure in filing a demurrer to evidence
The defense lawyer must ask the express leave (permission) of the court before filing a “Demurrer to Evidence.” The procedure is:
After the prosecution has formally rested its case, the defense lawyer, in open court, requests the express permission of the judge to file a demurrer. Once the judge gives such permission, the defense lawyer will within the period time approved by the judge file the demurrer. Copy of the demurrer must be furnished to the prosecution (the fiscal and/or the private prosecutor) which may submit its comments or opposition to the demurrer.
Or, the defense lawyer can submit to the court a “Motion to file demurrer to evidence with express leave of court”. Attached to such motion is the demurrer to evidence.
What happens if f the demurrer to evidence is denied?
If the judge denies the demurrer, then the trial continues and the defense must present its evidence.
What happens if the demurer to evidence is granted?What is “double jeopardy”?
If the judge grants the demurrer, then the case is dismissed (in other words, the accused is declared not guilty). No motion for reconsideration or appeal to a higher court is allowed since this would violate the Constitutional prohibition against “double jeopardy”. This term simply means that an accused who has been tried and found not guilty of a crime by a court of competent jurisdiction cannot be held for trial again for the same offense. (You might recall the 1999 movie starring Ashley Judd and Tommy Lee Jones about a woman accused of murdering her husband; the movie revolved around the issue of double jeopardy.)
Why does our Constitution provide that an accused cannot be placed in double jeopardy? Well, without such provision, an accused can be brought to trial again and again and again, ad infinitum. The only exception in the history of the Philippines is the Aquino-Galman double murder case; despite the acquittal of the accused, the Supreme Court allowed the retrial because of the connivance between the judge and the defense.
Could Hayden been forced to testify by the prosecution? Could the defense refuse to present him as a witness for himself?
As I stated above, if the court denied the demurrer, the trial would continue and the defense must present its evidence.
1. Could Hayden been forced, either by the judge or by the prosecution, to take the witness stand? No, because our Constitution provides that a person cannot be compelled to testify against himself.
2. Could the defense refuse to present Hayden to testify on his behalf? Yes. This is provided under Section 1 of Rule 115. The refusal of the accused to take the witness stand cannot be taken against him. No inference of guilt can be drawn for his refusal to testify.
Note: One news story, reporting on the dismissal of the case, stated in its lead that “Hayden Kho is now a free man.” This is totally inaccurate in view of the Constitutional provision on the presumption of innocence of the accused. Any person accused of a crime is presumed innocent until and unless the State has proven his guilt beyond reasonable doubt.
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Marital infidelity: causes, consequences and conclusions; Mediation not allowed in domestic violence cases (with apologies to Pia Guanio); Why marriages fail: He said, She said; Transformers: Why do persistent suitors become passive husbands? How to save your marriage alone; All about women; Why do men think the things they think, say the things they say, and do the things they do? Surviving marital infidelity; Legal lessons from Willie Revillame and Liz Amoro; Marriage: The Ultimate Fighting Championship; Boundaries in marriage; and other articles.
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