0% found this document useful (0 votes)
4 views14 pages

A.M. No. 21-11-25-SC - Re - Proposed Rules On The Use of Gender-Fair Language in The Judiciary and Gender-Fair Courtroom Etiquette

The Supreme Court issued a resolution approving guidelines for the use of gender-fair language in the judiciary and courtroom etiquette to promote equality and eliminate gender bias. The guidelines emphasize the importance of using gender-neutral language, avoiding sexist terms, and ensuring that language does not trivialize or marginalize individuals based on gender or sexual orientation. These changes aim to create a more inclusive and respectful environment within the judicial system.

Uploaded by

Dats Sab
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
4 views14 pages

A.M. No. 21-11-25-SC - Re - Proposed Rules On The Use of Gender-Fair Language in The Judiciary and Gender-Fair Courtroom Etiquette

The Supreme Court issued a resolution approving guidelines for the use of gender-fair language in the judiciary and courtroom etiquette to promote equality and eliminate gender bias. The guidelines emphasize the importance of using gender-neutral language, avoiding sexist terms, and ensuring that language does not trivialize or marginalize individuals based on gender or sexual orientation. These changes aim to create a more inclusive and respectful environment within the judicial system.

Uploaded by

Dats Sab
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 14

February 15, 2022

EN BANC

A.M. No. 21-11-25-SC

RE: PROPOSED RULES ON THE USE OF GENDER-FAIR LANGUAGE IN THE JUDICIARY


AND GENDER-FAIR COURTROOM ETIQUETTE

NOTICE

Sirs/Mesdames :
Please take notice that the Court en banc issued a Resolution dated FEBRUARY 15, 2022,
which reads as follows:
"A.M. No. 21-11-25-SC (Re: Proposed Rules on the Use of Gender-Fair Language in the
Judiciary and Gender-Fair Courtroom Etiquette). — Acting on the Letter dated November 20, 2021
of Associate Justice Amy C. Lazaro-Javier, Chairperson, Committee on Gender Responsiveness in
the Judiciary, the Court Resolved to NOTE and APPROVE the attached 'Guidelines on the Use of
Gender-Fair Language in the Judiciary and Gender-Fair Courtroom Etiquette.'" (adv6)

By authority of the Court:

(SGD.) MARIFE M. LOMIBAO-CUEVAS


Clerk of Court

ATTACHMENTS
Guidelines on the Use of Gender-Fair Language in the Judiciary and Gender-Fair Courtroom
Etiquette
WHEREAS, Article II, Section 11 of the 1987 Constitution recognizes the policy of the State
to value the dignity of every human person and guarantee full respect for human rights;
WHEREAS, Article II, Section 14 of the 1987 Constitution recognizes the role of women in
nation-building, with the State mandate to ensure the fundamental equality of women and men
before the law;
WHEREAS, to attain such equality, Congress enacted Republic Act No. 7192, otherwise
known as "Women in Development and Nation Building Act," requiring all government departments
and agencies to review and revise all their regulations, circulars, issuances, and procedures to
remove gender bias;
WHEREAS, under Section 13 of Republic Act No. 9710, or "The Magna Carta for Women,"
gender-sensitive language shall be used at all times to further the avowed policy of abolishing the
unequal structures and practices that perpetuate discrimination and inequality in society;
WHEREAS, the Supreme Court issued Administrative Circular No. 82-2006 dated 19
September 2006 on the use of Gender-Fair Language in the Judiciary, adopting in toto Memorandum
Circular No. 12, S. 2005 of the Civil Service Commission entitled "Use of Non-Sexist Language in
All Official Documents, Communications and Issuances";
WHEREAS, the said Administrative Circular was further reiterated by the Supreme Court
through Memorandum Order No. 90-2021 on 24 September 2021;
WHEREAS, in Republic Act No. 11313, the State recognized the dignity of every human
person, and penalized various acts, including the use of words that ridicule on the basis of sex,
gender or sexual orientation, identify and/or expression such as sexist, homophobic, and transphobic
statements and slurs;
WHEREAS, the said Memorandum Circular must be expanded, reinforced, supplemented
and contextualized for wider and more nuanced adaptation and application in the Judiciary's multi-
faceted systems and processes;
NOW, THEREFORE, upon the recommendation of the Committee on Gender
Responsiveness in the Judiciary, the Court en banc RESOLVES TO ADOPT the "GUIDELINES
ON THE USE OF GENDER-FAIR LANGUAGE IN THE JUDICIARY AND GENDER-FAIR
COURTROOM ETIQUETTE."
Guidelines on the Use of Gender-Fair Language in the Judiciary
Language is the most widely used medium of communication, both written and oral. It
articulates consciousness (thoughts, feelings, needs), reflects culture (encodes and transmits cultural
meanings and values), and affects socialization (the absorption of cultural assumptions and biases
affects the younger society members' behavior and beliefs). 1 Hence, the need to recognize the
importance of transforming language from traditional usage to a more liberating one, that which is
gender-sensitive. 2
Sexist language "devalues members of one sex, almost invariably women, and thus fosters
gender inequality." 3 Indeed, it has been pointed out that "[t]he use of gendered generics can
communicate subtle sexism, distract, and create ambiguity." 4
Our courts are courts of evidence, and its power to take judicial notice of matters is limited. 5
Therefore, courts cannot and should not perpetuate gender stereotypes, which rest on unfounded
generalizations regarding the characteristics and roles of binary and non-binary genders, 6 but
indisputably influence the perspectives of the judges and litigants alike. This is evident with respect
to matters at issue before the courts, as well as in the language the courts employ in adjudication.
I. ELIMINATE language, written and spoken, that excludes or renders invisible
persons of another gender and/or people with diverse sexual orientation, gender identity and
expression, and sex characteristics (SOGIESC). 7
1. The use of the generic masculine.
STOP — using the generic term "man" and similar terms to subsume all of humanity.
START — using gender-neutral mass nouns such as people, person(s), human(s), human
being(s), humankind, humanity, the human race.
Examples:
Negligence is the omission to do something which a reasonable man would do. 8
Negligence is the omission to do something which a reasonable person would do.
Piracy is a crime not against any particular state but against all mankind. 9
Piracy is a crime not against any particular state but against all of humanity.
START — including women in a general statement about the human condition.
Example:
Man is naturally endowed with the faculties of understanding and free will. 10
Men and women are naturally endowed with the faculties of understanding and free will.
It was difficult to justify inequality in religious treatment by a new nation that severed its
political bonds with the English crown which violated the self-evident truth that all men are created
equal. 11
It was difficult to justify inequality in religious treatment by a new nation that severed its
political bonds with the English crown which violated the self-evident truth that all men and women
are created equal.
2. The unwarranted use of masculine pronouns.
STOP — using singular masculine pronouns unless the antecedent is unequivocally male.
START — using plural nouns to avoid using third person singular pronouns.
Examples:
A lawyer shall avoid testifying in behalf of his client. 12
Lawyers shall avoid testifying in behalf of their clients.
In protecting his home, the poorest and most humble citizen or subject may bid defiance to all
the powers of the State. 13
In protecting their homes, the poorest and most humble citizens or subjects may bid defiance
to all the powers of the State.
The judge, motu proprio or upon motion of the accused, is entitled to make his own
assessment of the evidence on record to determine whether there is probable cause. 14
Judges, motu proprio or upon motion of the accused, are entitled to make their own
assessment of the evidence on record to determine whether there is probable cause.
START using articles (a, an, the) as substitute for pronouns.
Examples:
Within 15 days from receipt of the appellant's memorandum, the appellee may file his
memorandum. 15
Within 15 days from receipt of the appellant's memorandum, the appellee may file a
memorandum.
Merely testifying does not render the witness immune from prosecution notwithstanding his
invocation of the right against self-incrimination. 16
Merely testifying does not render the witness immune from prosecution notwithstanding an
invocation of the right against self-incrimination.
3. The use of masculine terms for professions, occupations and roles.
STOP — using terms ending in "-man" to refer to functions that may be performed by
individuals of either sex.
START — using widely-used gender-neutral forms of professions, occupations and roles.
Examples:
Respondent is Chairman of the Philippine National Red Cross Board of Governors. 17
Respondent is Chairperson of the Philippine National Red Cross Board of Governors.
The concept of piercing the veil of corporate fiction is a mystique to many people, especially
the layman. 18
The concept of piercing the veil of corporate fiction is a mystique to many people, especially
the layperson.
Petitioners being of age and businessmen of experience, it must be presumed that they acted
with due care. 19
Petitioners being of age and business owners of experience, it must be presumed that they
acted with due care.
CONTINUE using gender-neutral terms that the law employs.
Examples:
Complainant assumed office as Barangay Chairman in hold-over capacity by operation of law.
20
Complainant assumed office as Punong Barangay in hold-over capacity by operation of law.
The pork barrel process commenced with local government councils, civil groups, and
individuals appealing to Congressmen or Senators for projects. 21
The pork barrel process commenced with local government councils, civil groups, and
individuals appealing to Members of the House of Representatives or Senators for projects.
Considering that Ester was only fourteen-years old and a newly employed housemaid, while
Reylan Gimena a seventeen-year old houseboy, they were easily intimidated and cowed into
submission by accused-appellant. 22
Considering that Ester was only fourteen-years old and a newly employed kasambahay, while
Reylan Gimena a seventeen-year old kasambahay, they were easily intimidated and cowed into
submission by accused-appellant.
4. The use of sex-appropriated terms.
STOP — using terms as though they apply to adult males only, or are appropriated to a
particular sex.
START — using "spouses" for "wives," "family" for "wife and child," and similar terms.
Examples:
No judge or judicial officer shall sit in any case in which he, or his wife or child, is
pecuniarily interested as heir, legatee, creditor or otherwise. 23
No judge or judicial officer shall sit in any case in which such judge, or his or her spouse or
child, is pecuniarily interested as heir, legatee, creditor or otherwise.
It is not at all unnatural for a murderer, caught in the act of killing his wife and child, to fly
into a passion and strike promiscuously at those who attempt to capture him. 24
It is not at all unnatural for a murderer, caught in the act of killing his or her family, to fly into
a passion and strike promiscuously at those who attempt to capture him.
II. ELIMINATE language that trivializes or diminishes the stature of persons of
another gender and/or people with diverse SOGIESC. 25
1. The use of diminutive feminine suffixes.
STOP — using feminine suffixes such as -ess, -ette, -trix, or -enne, which make unnecessary
reference to the person's sex and suggest triviality, unimportance, or inferiority of women occupying
such a position.
START — using gender-neutral terms.
Examples:
There, they saw Annie Ferrer, a popular movie starlet. 26
There, they saw Annie Ferrer, a popular movie actor.
Said items refer to certain expenses for transportation and subsistence incurred by the
executrix. 27
Said items refer to certain expenses for transportation and subsistence incurred by the
executor.
She would have dressed herself up as she was in a smart usherette uniform to avoid any
suspicion that she was the victim of a forced copulation. 28
She would have dressed herself up as she was in a smart usher's uniform to avoid any
suspicion that she was the victim of a forced copulation.
2. The use of sex-linked modifiers.
STOP — using gratuitous and patronizing sex-linked adjectives and modifiers.
START — using gender-neutral forms of occupations and/or common nouns.
Examples:
Appellant pleaded to the lady doctor to do all she can to save the child. 29
Appellant pleaded to the physician to do all she can to save the child.
The respondent female lawyer actually cohabited with, bore the children of, and contracted a
foreign marriage with a man whose previous marriage was still subsisting. 30
The respondent lawyer actually cohabited with, bore the children of, and contracted a foreign
marriage with a man whose previous marriage was still subsisting.
Accused-appellant told her male secretary to prepare and sign a receipt for them. 31
Accused-appellant told her secretary to prepare and sign a receipt for them.
3. The use of gender-linked modifiers.
STOP — using gender-linked adjectives and modifiers that carry disrespectful, if not
pejorative, connotations.
START — removing references to gender identity and/or expression when irrelevant.
Examples:
Complainant often traveled to and from Japan as a gay entertainer in said country. 32
Complainant often traveled to and from Japan as an entertainer in said country.
His family watched the amateur singing contest and the gay beauty pageant at the fiesta in
their barangay. 33
His family watched the amateur singing contest and the local beauty pageant at the fiesta in
their barangay.
Appellant asserts that the hymenal laceration could have been caused by complainant's
lesbian lover prior to the medical examination. 34
Appellant asserts that the hymenal laceration could have been caused by complainant's lover
prior to the medical examination.
4. The use of outdated honorifics and forms of address.
STOP — using honorifics that obscure women, trivialize their achievements, etc.
START — using Ms. instead of Mrs. when the woman's marital status is irrelevant to the
issues, or the woman's preferred form of address is unknown.
Example:

Mrs. dela Cruz Ms. Dela Cruz

START — using a married woman's name instead of her husband's.


Example:

Mrs. Juan dela Cruz Ms. Maria Santos-dela Cruz

START — using gender-neutral honorifics or terms.

Dra. Concepcion Reyes Dr. Concepcion Reyes

Dear Sir Dear Editor, Dear Manager, Dear Colleague

III. ELIMINATE language which disparages and marginalizes persons of another


gender and/or persons of diverse SOGIESC. 35
1. The use of disparaging language.
STOP — perpetuating unfounded generalizations.
Examples:
She belongs to the weaker sex and any effort on her part to help would amount to nothing but
raw and reckless courage. 36
It is obvious the witness' curiosity and inquisitiveness as to what was happening, the Filipino
"usisero" trait, overcame the natural timidity of the woman. 37
Until the time comes when Ladlad is able to justify that having mixed sexual orientations and
transgender identities is beneficial to the nation, its application for accreditation under the party-list
system will remain just that. 38
STOP — using antiquated terms.
START — using non-oppressive, modern terms.
Examples:
Carmen, a spinster, a retired pharmacist, and former professor, was declared incompetent by
judgment. 39
Carmen, unmarried, a retired pharmacist, and former professor, was declared incompetent by
judgment.
It attacked Fat's testimony as full of motherhood statements. 40
It attacked Fat's testimony as full of vague platitudes.
The negligence of petitioner's salesgirl is not excusable. 41
The negligence of petitioner's sales employee is not excusable.
START — using the term "woman" instead of unnecessary metaphors.
Examples:
Nor does it prove that it was preceded by an unlawful aggression attributed to a person of the
weaker sex. 42
Nor does it prove that it was preceded by an unlawful aggression by the woman.
2. Gender stereotypes.
STOP — using terms with sexist assumptions that the occupant has a particular sex or are
demonstrable only by a certain sex.
START — using gender-fair terms.
Examples:
The rules of sports do not consider exceptions; it exacts obedience to the rules to promote and
develop a keen sense of fairness in the field of competition and in the spirit of sportsmanship. 43
The rules of sports do not consider exceptions; it exacts obedience to the rules to promote and
develop a keen sense of fairness in the field of competition and in the spirit of fair play.
The policeman did not see the appellant knock the priest down. 44
The police officer did not see the appellant knock the priest down.
Petitioner was employed as a flight stewardess of the respondent company since 1947. 45
Petitioner was employed as a flight attendant of the respondent company since 1947.
Soon after, male nurse Armando came to render assistance. 46
Soon after, nurse Armando came to render assistance.
Defendants have impliedly admitted the truth of plaintiff's allegations relative to the unwritten
'gentleman's agreement' which the former had failed to observe. 47
Defendants have impliedly admitted the truth of plaintiff's allegations relative to the unwritten
agreement which the former had failed to observe.
STOP — using imprecise terms to identify non-binary SOGIESC.
START — conscientiously using language and terms commonly used to describe specific
SOGIESC. 48
Instead of discussing the problem (of not feeling any sexual excitement and attraction toward
her) with him candidly, she accused him of being gay. 49
Instead of discussing the problem (of not feeling any sexual excitement and attraction toward
her) with him candidly, she accused him of being a homosexual.
If immoral thoughts could be penalized, COMELEC would have its hands full of
disqualification cases against both the "straights" and the "gays." 50
If immoral thoughts could be penalized, COMELEC would have its hands full of
disqualification cases against all sexual orientations.
IV. ELIMINATE language that fosters unequal gender relations. 51
1. Words and phrases which lack parallelism.
STOP — treating the sexes with lack of parallelism.
START — adopting parallelism in word choices.
Examples:
They were married in the City of Manila and lived together as man and wife. 52
They were married in the City of Manila and lived together as husband and wife.
For this failure he had to withdraw from the dance, unable to endure his shame before the
crowd of young men and girls. 53
For this failure he had to withdraw from the dance, unable to endure his shame before the
crowd of young men and women.
2. Calling attention to a person's sex.
STOP — using terms that call attention to a person's sex when not relevant for
communication.
START — using gender-neutral terms.
Example:
Appellant, aged 20, was employed as a delivery boy. 54
Appellant, aged 20, was employed as a deliverer.
It was done through her insistent request by reason of the fact that she was on her way to
motherhood. 55
It was done through her insistent request by reason of the fact that she was on her way to
parenthood.
Their high regard for their chastity and womanly virtues, would not permit complainant to
accept the offer of love, much less allow it to be the cause of her defilement. 56
Their high regard for their chastity and virtues, would not permit complainant to accept the
offer of love, much less allow it to be the cause of her defilement.
V. ELIMINATE sexist, language in quoted material. 57
1. Sexist language in quoted material.
STOP — quoting unfair conclusions about the sexes and retaining sexist language.
Example:
"We cannot but express the considered view of this Court that the fair sex is as much entitled
to this grant of benefits not alone by reason of the frailty and fragility of their bodies and
faculties but also, if not more, because in the fullness of their endowments and physical
qualities which must be protected and preserved in fact and in law, they hold the survival of
mankind and the continuity of all human endeavors and institutions." 58
START — paraphrasing the quote using non-sexist language.
Example:
"The law considers what would be reckless, blameworthy, or negligent in the man of ordinary
intelligence and prudence and determines liability by that." 59
In Picart v. Smith, Jr., the Supreme Court ruled that liability for negligence is anchored on the
standard of diligence observed by a person of ordinary intelligence and prudence.
"Indeed, a man is king in his own house." 60
Indeed, it has been said, that a person is the ruler of one's own home. [City Engineer of
Baguio and Hon. Domogan v. Baniqued, G.R. No. 150270, 26 November 2008, 592 Phil. 348.]
START — adding sic in a direct quotation.
Example:
"Despite the egalitarian commitment in the Declaration of Independence that 'all men are
created equal,' the framers of the original Constitution of the United States omitted any
constitutional rule of equal protection." 62
"Despite the egalitarian commitment in the Declaration of Independence that 'all men are
created equal' [sic], the framers of the original Constitution of the United States omitted any
constitutional rule of equal protection."
START — partially quoting the material and rephrasing the sexist part.
Example:
"The law considers what would be reckless, blameworthy, or negligent in the man of ordinary
intelligence and prudence and determines liability by that." [Picart v. Smith, Jr., G.R. No. L-
12219, 15 March 1918]
"The law considers what would be reckless, blameworthy, or negligent in the [person] of
ordinary intelligence and prudence and determines liability by that." [Picart v. Smith, Jr., G.R.
No. L-12219, 15 March 1918]
CONTINUE — attributing the material to the original author or source.
2. Distracting, pointless and gratuitous language which perpetuate stereotypes and
double-meanings.
STOP — using gratuitous metaphors that distract, trivialize, and demean.
Example:
"In a manner of speaking, bombardment of the drawbridge is invasion enough even if the
troops do not succeed in entering the castle." 63
CONTINUE — adhering to the abandonment of stereotypes in jurisprudence.
Example:
In People v. Amarela and Racho, 64 the Supreme Court noted:
"[T]oday, we simply cannot be stuck to the Maria Clara stereotype of a demure and reserved
Filipino woman. We, should stay away from such mindset and accept the realities of a
woman's dynamic role in society today; she who has over the years transformed into a strong
and confidently intelligent and beautiful person, willing to fight for her rights.
In this way, we can evaluate the testimony of a private complainant of rape without gender
bias or cultural misconception. It is important to weed out these unnecessary notions because
an accused may be convicted solely on the testimony of the victim, provided of course, that
the testimony is credible, natural, convincing, and consistent with human nature and the
normal course of things. Thus, in order for us to affirm a conviction for rape, we must believe
beyond reasonable doubt the version of events narrated by the victim."
In Falcis III v. Civil Registrar General, 65 the Supreme Court observed:
"In the realm of the social sciences, a great number of 20th-century psychoanalysts
unfortunately viewed homosexuality as something pathological. This influenced the field of
American psychiatry in the mid-20th century that when the American Psychological
Association published the first edition of the Diagnostic and Statistical Manual in 1952, 'it
listed all the conditions psychiatrists then considered to be a mental disorder. DSM-I classified
'homosexuality' as a 'sociopathic personality disturbance.'
It was not until the research of biologist Alfred Kinsey and other scientists challenged the
orthodoxy that homosexuality was delisted as a mental disorder in the next iteration of the
Diagnostic and Statistical Manual x x x.
However, the official removal of homosexuality from the Diagnostic and Statistical Manual as
a mental disorder was not the last word on the subject. Homosexuality was still considered a
'disorder,' and it was not until several years later that all traces of what was mistakenly thought
to be a 'disease' would be completely removed from the manual x x x.
Homosexuality was officially removed from the Diagnostic and Statistical Manual in 1986. x
x x.
The American Psychological Association's revision marked the 'beginning of the end of
organized medicine's official participation in the social stigmatization of homosexuality' as
similar movements also followed. In 1990, the World Health Organization removed
homosexuality per se from the International Classification of Diseases."
List of Gender-Fair Terms 66

Outdated terms Gender-fair/Gender-neutral

man human being, human

mankind, men humanity, humankind, people, men and women

forefather ancestor

layman layperson, non-professional

manhood adulthood, maturity

manning staffing, working, operating

one-man show one-person show, solo exhibition

founding fathers founders

manpower human resources, staff, personnel, labor force

statesmanship diplomacy

man-made handmade, manufactured, artificial, synthetic, of human


construction, of human origin

anchorman anchor

businessman, businesswoman business executive, manager, business owner, retailer

cameraman camera operator, cinematographer

congressman, congresswoman Representative, Member of the House of Representatives,


legislator

craftsman artisan, craftspersons

firemen fire fighters

fishermen fisher, fisherfolk

foremen supervisors

lineman line installer, line repairer

pressmen members of the press

policemen, policewomen police officers

repairmen repairers

salesman, saleslady, salesgirl salesperson, sales representative, sales employee

spokesman, spokeswoman spokesperson

statesmen diplomats, political leaders


watchmen guards

weathermen weather reporter, weather anchor, meteorologist

actress actor

comedienne comedian

executrix executor

heroine hero

hostess host

proprietress proprietor

usherette usher

career woman professional

house husband, housewife homemaker

maid household helper, kasambahay

busboy waiters' assistant

chambermaids hotel staff

fatherhood, motherhood parenthood

cowboy, cowgirl ranch hand

bellman bellboy

clergyman member of the clergy, minister, rabbi, priest, pastor, etc.

mailman, postman mail carrier, letter carrier

fathers (religious) priests

cleaning woman, cleaning lady cleaner

stewardess, steward flight attendant, cabin attendant

waiter, waitress waitstaff

brotherhood solidarity, human fellowship, human kinship

fraternal twins non-identical twins

gentleman's agreement honorable agreement, unwritten agreement

landlord, landlady owner, proprietor, lessor

to man to staff, to operate, to run

manholes utility holes, sewer holes

manpower workforce, employees, personnel, human resources

man-made disaster human-induced disaster

man-made climate change anthropogenic climate crisis

Mother Nature nature


Mother Earth earth, planet earth

motherland, fatherland country of origin, domicile

mother tongue native language

mothering parenting, childrearing, childcare

noblemen nobility, aristocrats

no-man's land uninhabited land, terra nullius, neutral zone

caveman cave dweller

prehistoric man prehistoric human being

workmen's compensation worker's compensation

yes-man supporter, avid follower

young man, young woman youth, adolescent, teenager

Gender-Fair Courtroom Etiquette


1. Address all lawyers neutrally as "counsel" or "attorney."
Refrain from referring to female lawyers as "lady" or "female" counsel or male lawyers as
"gentleman" or "male" counsel. Instead, use their surnames after the word "Atty." (ex., Atty. Santos)
or just use "Counsel."
Refer to the Public Prosecutor and Public Attorney by name (ex., Prosecutor Paz, Public
Attorney Ramos). Refrain from referring to the Public Prosecutor or Public Attorney as "Madam
Fiscal" or "Mister Fiscal," or "the Lady Public Attorney" or "the Gentleman Public Attorney."
In making inquiries, use a question that applies to everyone, such as, "Will all attorneys
please identify themselves to the court?"
2. Address all non-lawyer litigants, witnesses, and other court users as "Mister," "Mrs.,"
or "Miss," "Sir" or "Ma'am" as appropriate.
Refrain from referring to litigants as "Madam Plaintiff" or "Mister Plaintiff," but just
"Plaintiff" or just refer to them by name (ex., Mr. Santos, Miss Dantes).
Refrain from referring to witnesses as "Mister Witness" or "Madam Witness." Instead, use
their name (ex., Mr. Cruz, Mrs. De Leon).
3. When addressing minors, refrain from using words like "little boy," "little girl,"
"hijo/iho," "hija/iha." Instead, use their first names or nicknames, if known, to put them at ease and
to avoid the diminutive references.
4. Refrain from any act or proceeding that will demean, embarrass, humiliate, or degrade
any party by reason of gender.
For example, in conducting arraignment in criminal cases, if the Information contains
allegations that would expose either the offended party or the accused to ridicule or debasement
related to their gender, the public should be excluded and the reading of the Information should be
done only in the presence of the parties and their respective counsel, unless the reading of the
Information is waived.
Similarly, reception of testimonial evidence that might invite gender-revilement or gender-
bias, or has a tendency of exposing any party to embarrassment or degradation by reason of gender,
should be restricted to the parties and their counsel.
5. Refrain from perpetuating gender stereotypes.
For example, do not make one counsel go first with her cross-examination because she is
female, saying "ladies first." Or do not make a male court attendee stand up to give up his seat for a
female court attendee by saying "lalaki ka naman."
Comments, jokes, and remarks with sexual content, or jokes and remarks that insinuate
gender stereotypes, should not be tolerated in the courtroom setting. For example, remarking that a
lawyer appears to be more organized because she is a woman is unacceptable.
6. Avoid comments on or insinuations related to physical appearance that may draw
unwanted attention to one's gender.
For example, calling attention to a lawyer's pregnancy while she is conducting business may
affect how others perceive her.
7. Justices, judges, court personnel, and litigants are all responsible in observing gender-
fair language and etiquette in the courts. Gender insensitive acts or omissions committed in one's
presence should be courteously but discreetly corrected in the most respectful manner.

Footnotes

1. THELMA B. KINTANAR, ed., GENDER-FAIR LANGUAGE: A PRIMER, University Center for Women's
Studies, University of the Philippines (1998), at 5.

2. Civil Service Comm'n Memorandum Circular No. 12, s. 2005, dated 19 September 2006.

3. KINTANAR, supra note 1, at 5.

4. Leslie M. Rose, The Supreme Court and Gender-Neutral Language: Setting the Standard or Lagging
Behind?, 17 DUKE J. GENDER LAW & POL. 81 (2010), at 94.

5. RULES OF COURT, rule 129, secs. 1 and 2.

6. See Bangkok General Guidance for Judges on Applying a Gender Perspective in Southeast Asia, Bangkok,
Thailand, 25 June 2016.

7. See KINTANAR, supra note 1, at 5.

8. BJDC Construction v. Lanuzo, et al., G.R. No. 161151, 24 March 2014, citing Layugan v. Intermediate
Appellate Court, G.R. No. L-73998, 14 November 1988.

9. People v. Lol-lo and Saraw, G.R. No. 17958, 27 February 1922.

10. People v. Madarang, G.R. No. 132319, 12 May 2000.

11. Estrada v. Escritor, A.M. No. P-02-1651, 4 August 2003, 455 Phil. 411.

12. RULES OF COURT, rule 40, sec. 7 (b).

13. City Engineer of Baguio and Hon. Domogan v. Baniqued, G.R. No. 150270, 26 November 2008, 592 Phil.
348.

14. Reyes v. Ombudsman, G.R. Nos. 212593-94, 15 Mach 2016, 783 Phil. 304.

15. CODE OF PROFESSIONAL RESPONSIBILITY, rule 12.08.

16. Galman and Galman v. Hon. Pamaran, et al., G.R. Nos. 71208-09, 30 August 1985, 222 Phil. 588.

17. Liban, et al. v. Gordon, G.R. No. 175352, 18 January 2011.

18. Philippine Veterans Investment Development Corp. v. Court of Appeals and Borres, G.R. No. 85266, 30
January 1990, 260 Phil. 724.

19. Spouses Rigor v. Consolidated Orix Leasing and Finance Corp., G.R. No. 136423, 20 August 2002.

20. Bogabong v. Hon. Balindong, A.M. No. RTJ-18-2537, 14 August 2019.

21. Belgica, et al. v. Ochoa, G.R. No. 208566, 19 November 2013, 721 Phil, 416.

22. People v. Siao, G.R. No. 126021, 3 March 2000.


23. Balleza v. Judge Astorga, A.M. No. 202-MJ, 30 April 1976, 162 Phil. 575.

24. U.S. v. Vaquilar, G.R. Nos. 9741 and 9742, 13 March 1914, 27 Phil. 88.

25. See KINTANAR, supra note 1, at 10.

26. Sison, et at. v. People and Court of Appeals, G.R. Nos. 108280-83, 16 November 1995.

27. In Re: Estate of Reyes v. Reyes de Ilano, G.R. No. 42092, 28 October 1936, 63 Phil. 629.

28. People v. Talaro, G.R. No. L-40436, 25 May 1984, 214 Phil. 371.

29. People v. Tayag, G.R. No. 134362, 27 February 2002.

30. Concerned Employee v. Mayor, A.M. No. P-02-1564, 23 November 2004, 486 Phil. 51.

31. People v. Coral, G.R. Nos. 97849-54, 1 March 1994, 300 Phil. 527.

32. Philippine National Bank v. Pike, G.R. No. 157845, 20 September 2005, 507 Phil. 322.

33. People v. Gregorio and Osorio, G.R. No. 153781, 24 September 2003, 458 Phil. 687.

34. People v. XXX, G.R. No. 236562, 22 September 2020.

35. KINTANAR, supra note 1, at 11.

36. People v. Danque, G.R. No. 107978, 19 November 1993, 298-A Phil. 23.

37. People v. Acob, et al., G.R. No. 114382, 20 July 1995.

38. Ang Ladlad LGBT Party v. COMELEC, G.R. No. 190582, 8 April 2010, 632 Phil. 32, quoting Separate Op.
of public respondent COMELEC.

39. Cañiza v. Court of Appeals, et al., G.R. No. 110427, 24 February 1997, 335 Phil. 1107.

40. Republic v. Ng, G.R. No. 182449, 6 March 2013, 705 Phil. 556.

41. Cruz v. Ernest Oppen, Inc., et al., G.R. No. L-23861, 17 February 1968, 130 Phil. 600.

42. U.S. v. Idon, G.R. No. 4519, 7 August 1908, 11 Phil. 64.

43. Philippine Soap Box Derby, Inc. v. Court of Appeals, et al., G.R. No. 108115, 27 October 1995.

44. U.S. v. Samonte, G.R. No. 5649, 6 September 1910, 16 Phil. 516.

45. Northwest Airlines Employees Ass'n and Matue v. Northwest Airlines, Inc. and Court of Industrial
Relations, G.R. No. L-24592, 29 May 1970, 144 Phil. 243.

46. Spouses Ong v. Metropolitan Water District, G.R. No. L-7664, 29 August 1958, 104 Phil. 397.

47. Arrieta v. Malayan Sawmill Co., et al., G.R. No. L-24140, 31 July 1968.

48. See United Nations International Organization for Migration, SOGIESC Full Glossary of Terms (as of Nov
2020), at https://www.iom.int/sites/g/files/tmzbdl486/files/documents/IOM-SOGIESC-Glossary-of-
Terms.pdf.

49. Lontoc-Cruz v. Cruz, G.R. No. 201988, 11 October 2017, 820 Phil. 62.

50. Ang Ladlad LGBT Party v. Comm'n on Elections, G.R. No. 190582, 8 April 2010, 632 Phil. 32.

51. KINTANAR, supra note 1, at 12.

52. Barreto Gonzalez v. Gonzalez, G.R. No. 37048, 7 March 1933, 58 Phil. 67.

53. People v. Dedal, et al., G.R. No. L-1687, 2 December 1948, 82 Phil. 203.

54. People v. Cando, et al., G.R. No. 128114, 25 October 2000, 398 Phil, 225.
55. People v. Pineda, et al., G.R. No. 35753, 26 March 1932, 56 Phil. 688.

56. People v. Beso, Jr., G.R. No. 44033, 30 September 1982, 202 Phil. 618.

57. KINTANAR, supra note 1, at 22.

58. Almaiz v. Workmen's Compensation Comm'n and Province of Negros Occidental, G.R. No. L-42794, 31
August 1978, 174 Phil. 394.

59. Picart v. Smith, Jr., G.R. No. L-12219, 15 March 1918.

60. City Engineer of Baguio and Hon. Domogan v. Baniqued, G.R. No. 150270, 26 November 2008, 592 Phil.
348.

61. Note from the Publisher: Copied verbatim from the official document. Footnote text and footnote reference
are missing.

62. Central Bank Employees Ass'n. v. Bangko Sentral ng Pilipinas and Executive Secretary, G.R. No. 148208,
15 December 2004.

63. People v. Salinas, G.R. No. 107204, 6 May 1994.

64. G.R. No. 225642-43, 17 January 2018. (citation omitted)

65. G.R. No. 217910, 3 September 2019.

66. Substantially culled from Thelma B. Kintanar, ed., GENDER-FAIR LANGUAGE: A PRIMER, University
Center for Women's Studies, University of the Philippines (1998); and United Nations Economic and
Social Commission for Western Asia, Gender-Sensitive Language Guidelines, at
https://www.unescwa.org/sites/default/files/services/doc/guidelines_gender-sensitive_language_e-a.pdf.

You might also like