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
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
EN BANC
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)
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:
forefather ancestor
statesmanship diplomacy
anchorman anchor
foremen supervisors
repairmen repairers
actress actor
comedienne comedian
executrix executor
heroine hero
hostess host
proprietress proprietor
usherette usher
bellman bellboy
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.
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.
6. See Bangkok General Guidance for Judges on Applying a Gender Perspective in Southeast Asia, Bangkok,
Thailand, 25 June 2016.
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.
11. Estrada v. Escritor, A.M. No. P-02-1651, 4 August 2003, 455 Phil. 411.
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.
16. Galman and Galman v. Hon. Pamaran, et al., G.R. Nos. 71208-09, 30 August 1985, 222 Phil. 588.
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.
21. Belgica, et al. v. Ochoa, G.R. No. 208566, 19 November 2013, 721 Phil, 416.
24. U.S. v. Vaquilar, G.R. Nos. 9741 and 9742, 13 March 1914, 27 Phil. 88.
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.
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.
36. People v. Danque, G.R. No. 107978, 19 November 1993, 298-A Phil. 23.
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.
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.
58. Almaiz v. Workmen's Compensation Comm'n and Province of Negros Occidental, G.R. No. L-42794, 31
August 1978, 174 Phil. 394.
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.
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.