If you don’t know

these things at this

time, it’s too late.
Language Proficiency
Allan Chester Nadate

Juris Doctor (2018, expected); BSN (2012)

President, UP Law Debate and Moot Court Union
Editor, Philippine Law Journal (2014-2015)
Mooter, 2016 Philip Jessup Int’l Law Moot
13th Asia-Pacific Int’l Humanitarian Law Moot
2014 Nat’l Moot Ct. Competition on Int’l Humanitarian Law
Legal Researcher, HealthJustice Philippines
 Language Proficiency
The ability of an individual to speak or perform in
an acquired language.
 Language Proficiency
Objectives:
1. Construct coherent sentences following the proper
grammar and syntax. (S)
2. Identify rules on sentence construction, basic parts
of speech, and common pitfalls. (K).
3. Appreciate the importance of language proficiency in
the legal profession in the long-run. (A)
 Lecture Outline

1. Law and Language

2. “Elements of Language”
3. Grammar and Syntax
4. Spelling and Orthography
5. Tropes, Idioms, and Terms of Art
Law and Language
 “Law is the
intersection of
language and
power.”
 Law and Language

• “Wovon man nicht sprechen kann, darüber

muss man schweigen.” (What one cannot
speak of, one must leave over to silence.)
– LUDWIG WITTGENSTEIN, TRACTACUS LOGICO-
PHILOSOPHICUS (1921), at preposition 7
 Law and Language

• “The problem of the normativity of law is

the problem of explaining the use of
normative language in describing the law
or legal situations.”
– JOSEPH RAZ, PRACTICAL REASON AND NORMS 170 (2d
ed., 1990
 English and Law

• CONST. art. XIV, § 6

• Language of the “law,” i.e., Republic Acts,
administrative issuances
• Language of the courts
– Lavadia v. de Mendoza, 72 Phil. 196 (1941)
– People v. Aguilar, 82 Phil. 122 (1948)
– People v. Vinuya, 302 SCRA 305 (1999)
 English and Law

• The legal profession is primarily a reading

and writing exercise.
– Pleadings, legal memoranda, briefs
– Constitution, laws, cases
– RH cases (Imbong v. Ochoa) – 700 pp.
• The mastery of the English language is
paramount.
• It will help you pass the UP LAE.
“Elements of Language”
 Parts of Speech
• Noun
• Verb • Pronoun
• Adjective • Preposition
• Adverb • Conjunction
• Interjection
 Noun
• “Fear is universal. It is a primeval emotion
that is embedded deep within the human
psyche. Fear knows no caste or creed. …
Fear, like death, is the inexorable
equalizer, gripping at the heart of mankind
from generation to generation.”
– Ramon Quintin Allado, Fear, 1(2) PHIL. L. REGISTER 11, 11
(2017)
 Noun
• “Fear is universal. It is a primeval emotion
that is embedded deep within the human
psyche. Fear knows no caste or creed. …
Fear, like death, is the inexorable
equalizer, gripping at the heart of mankind
from generation to generation.”
– Ramon Quintin Allado, Fear, 1(2) PHIL. L. REGISTER 11, 11
(2017)
 Noun
• Subject/object
• Proper/common nouns
• Countable/uncountable nouns
• Collective nouns
• Pluralization
• Possessive
 Noun
• Subject/object (predicate)

Subject – the person or thing about whom the statement

is made; traditionally controls the verb in the clause
Object – the entity that is acted upon by the subject

Why important?
Verb inflection. Identification of clauses.
Verbs: Transitive verbs require the presence of an object;
intransitive verbs block the appearance of an object.
 Noun
• Subject/object

Subject – the person or thing about whom the

statement is made; traditionally controls the verb
in the clause
Object – the entity that is acted upon by the subject
 Subject
• “Fear is universal. It is a primeval emotion
that is embedded deep within the human
psyche. Fear knows no caste or creed. …
Fear, like death, is the inexorable
equalizer, gripping at the heart of mankind
from generation to generation.”
– Ramon Quintin Allado, Fear, 1(2) PHIL. L. REGISTER 11, 11
(2017)
 Noun
• Proper/common noun

Proper – represents unique entities

Object – represents class of entities

Why important? Reference.

 Noun
• Countable/uncountable (mass) noun

Countable– can be modified by a numeral

Uncountable/mass– represents class of entities

Why important? Verb inflection. Quantificational

determiners (e.g., every, each, several).
Classifiers (e.g., pieces of evidence, cups of
water)
 Noun
• Collective noun

Collection of things taken as a whole.

Why important? Verb inflection (may be

inflicted in the singular or plural):
• "A committee was appointed to consider this
subject." (singular)
• "The committee were unable to agree." (plural)
 Noun
• Concrete/abstract nouns

Concrete – physical entities observable by

the senses, e.g., a law book
Abstract – ideas or concepts, e.g., the law
 Noun Phrase
• “[W]ith his credo that the death penalty
amounts to a fair or just retribution, the
possibility of the death sentence returning
to court fallos is becoming less and less
remote.”
– Allan Chester Nadate, The Death Penalty and the Value of
Human Life, 1(2) PHIL. L. REGISTER 47, 47 (2017)
 Noun Phrase
• “[W]ith his credo that the death penalty
amounts to a fair or just retribution, the
possibility of the death sentence returning
to court fallos is becoming less and less
remote.”
– Allan Chester Nadate, The Death Penalty and the Value of
Human Life, 1(2) PHIL. L. REGISTER 47, 47 (2017)
 Noun Phrase
• Noun phrases can be identified by the
possibility of pronoun substitution:
a. This sentence contains two noun phrases.
b. It contains them.
a. The subject noun phrase that is present in this
sentence is long.
b. It is long.
a. Noun phrases can be embedded in other noun phrases.
b. They can be embedded in them.
 
Why important? Verb inflection.
 Noun Phrase
• “The case before the Court is not a
delegation of legislative power. It is simply a
delegation of ascertainment of facts upon
which enforcement and administration of the
increase rate under the law is contingent.”
– ABAKADA Guro Party List v. Ermita, G.R. No. 168056, September
1, 2005

• “It is not that. It is simply this.”

 Pronoun
• “What if I told him he was the one who
was accused and he was also presumed
to know the law, even if it was written in a
foreign language and legalese… would he
not expectedly feel bewildered or even a
bit rebellious?”
– Gian Carlo Velasco, Reflections on Philippine Forensic
Linguistics, 1(2) PHIL. L. REGISTER 48, 49 (2017)
 Pronoun
• “What if I told him he was the one who
was accused and he was also presumed
to know the law, even if it was written in a
foreign language and legalese… would he
not expectedly feel bewildered or even a
bit rebellious?”
– Gian Carlo Velasco, Reflections on Philippine Forensic
Linguistics, 1(2) PHIL. L. REGISTER 48, 49 (2017)
 Pronoun
• Personal
• Reflexive/reciprocal
• Possessive
• Demonstrative – this, that, those
• Relative – who, whom, what, which, that
• Interrogative – who, whom, whose
• Indefinite
 Pronoun
• Personal
• First person – speaker (I, we)
• Second person – person addressed (you)
• Third person – third parties (he, she, they, it)
• Singular v. plural
• Gender
• Nominative (subject) v. oblique (object)
– I, you, he, she, it, we, they
– me, you, him, her, it, us, them
 Pronoun
• Reflexive/reciprocal
• I — myself
• you — yourself/yourselves
• he — himself
• she — herself
• one — oneself
• it — itself
• we — ourselves
• they — themselves
• Intensive – adds emphasis (“I did it myself.”)
 Pronoun
• Possessive
• I, you, he, she, it, we, they
• My, yours, his, her, its, our, their (possessive
adjectives)
• Mine, yours, his, hers, its, ours, theirs
 Pronoun
• Indefinite – non-specific objects

A singular pronoun takes a singular verb. Also,

any personal pronoun should also agree (in
number and gender):
Each of the players has a doctor.
I met two girls. One has given me her phone number.
Similarly, plural pronouns need plural agreement:
Many have expressed their views.
 Pronoun
• Indefinite – usually singular

– Singular – no one, nobody, everyone,

everybody, someone, somebody, anyone,
anybody, one, nothing, everything,
something, anything
– Dual – neither (S), both (P), either (S)
– Plural - others
– Singular or plural (none, all, some, any)
 Pronoun
• Relative – who or whom?

Substitute “he/him” or “she/her”: If it's either “he” or “she,”

then it's “who;” if it's “him” or “her,” then it's “whom.”

– We wondered (who/whom) the book was about.

This sentence contains two clauses: we
wondered and who/whom the book was about. We are
interested in the second clause because it contains
the who/whom. The book was about him.
Therefore, whom is correct.
 Verb
• “After the Supreme Court affirmed his
conviction and denied staying his lethal
injection, after then-President Joseph
Estrada ordered the removal of a hotline to
his office to obviate any expectation of a
reprieve...”
– Allan Chester Nadate, The Death Penalty and the Value of
Human Life, 1(2) PHIL. L. REGISTER 47, 47 (2017)
 Verb
• “After the Supreme Court affirmed his
conviction and denied staying his lethal
injection, after then-President Joseph
Estrada ordered the removal of a hotline to
his office to obviate any expectation of a
reprieve...”
– Allan Chester Nadate, The Death Penalty and the Value of
Human Life, 1(2) PHIL. L. REGISTER 47, 47 (2017)
 Verb
• Conveys action, occurrence (become,
happen), or state of being (be, exist, stand)
• Tenses (past, present, future, conditional)
• Intransitive – no direct object (The student
passed.)
• Transitive – followed by a noun/noun phrase
(The student read the book.)
Verb
 Subjunctive Mood
• Expresses various states of unreality
(wish, emotion, possibility, judgment, etc.)
• Does not describe known objective facts
• Contra indicative (statement of fact)
– Affects verb infliction:
– “I suggest that you be careful.”
– “It is important that she stay by your side.”
 Subjunctive Mood
• The subjunctive is usually used with verbs
like desire, ask, and require, where
whatever is desired or asked or required
may not actually be done.
– Maya insisted that the student seek the aid of
a tutor.
– It was proposed by the gunman that the
victim remain lying on the ground.
 Subjunctive Mood
• Conditional sentences can also use the
subjunctive.
– If there were a quiz tomorrow, I would study
tonight.
 Subjunctive Mood
• It is recommended that he uses the
subjunctive properly.
• It is recommended that he use the
subjunctive properly.

• It is vital that I am at my best at all times.

• It is vital that I be at my best at all times.
 Adverb
• “Originally living in a state of fear,
humankind forged a social contract and
surrendered all or part of its individual
freedoms to a sovereign/monarch.”
– Ramon Quintin Allado, Fear, 1(2) PHIL. L. REGISTER 11, 11
(2017)
 Adverb
• “Originally living in a state of fear,
humankind forged a social contract and
surrendered all or part of its individual
freedoms to a sovereign/monarch.”
– Ramon Quintin Allado, Fear, 1(2) PHIL. L. REGISTER 11, 11
(2017)
 Adjective
• “Their views betrays a decadent naiveté.
In the hands of a rapacious President,
knowledge of the law … sinks into the
chief instrument of despotism,
perpetuating the abasement of the people
under the guise of some sonorous but
empty catchphrase.”
– Gian Carlo Velasco, Idolizing Marcos: Notes on the Legal History
of Strongman Rule in the Philippines, 1(2) PHIL. L. REGISTER
8, 10 (2017)
 Adjective
• “Their views betrays a decadent naiveté.
In the hands of a rapacious President,
knowledge of the law … sinks into the
chief instrument of despotism,
perpetuating the abasement of the people
under the guise of some sonorous but
empty catchphrase.”
– Gian Carlo Velasco, Idolizing Marcos: Notes on the Legal History
of Strongman Rule in the Philippines, 1(2) PHIL. L. REGISTER
8, 10 (2017)
 Prepositions
• “Txxx.”
– Gian Carlo Velasco, Idolizing Marcos: Notes on the Legal History
of Strongman Rule in the Philippines, 1(2) PHIL. L. REGISTER
8, 10 (2017)
 Prepositions
• Expresses spatial or temporal relations
 Conjunctions
• “xxx.”
– Gian Carlo Velasco, Idolizing Marcos: Notes on the Legal History
of Strongman Rule in the Philippines, 1(2) PHIL. L. REGISTER
8, 10 (2017)
 Conjunctions
• Expresses spatial or temporal relations
Punctuation Marks
Punctuation Marks
Grammar and Syntax
 Grammar
• Governs the composition of clauses,
phrases, and words
• Grammatical categories
– Tense
– Number
– Gender
 Syntax
• Governs the structure of sentences,
specifically word order
• Sequence of subject, verb, object
 Syntax
• Sentence Clause Structure
– Simple sentences
– Compound sentences – at least two
independent clauses
– Complex – with dependent clause
• relative clause (functions as adjective)
• Let him who has been deceived complain.
– Incomplete sentences (sentence fragment)
Spelling and Orthography
 Spelling
• Study the commonly misspelled words
• Etymology
• British v. American spelling
• Suffix, prefix use
Tropes, Idioms, and
Terms of Art
“Grammatical
Aberrations”
 Tropes
• Use of figurative language (deviating from
their proper meanings or definitions) for
artistic effect
• Figures of speech
– Alliteration
– Metaphor
– Simile
– Hyperbole
 Idioms
• Phrase or fixed expression that has a
figurative, or sometimes literal, meaning
• Formulaic language – fixed in form (also
includes expletives and proverbs)
• fall by the wayside
• fall flat on one’s face
• fall through the cracks
 Jargon or Terms of Art
• Language in particular context and may
not be well understood outside it
• Used in a particular trade, profession, or
academic field
• E.g., legalese, “academiotics”
 Legalese
• “Contested in this petition for certiorari under Rule 64, in
relation to Rule 65 of the Rules of Court, is the May 21,
2014 Resolution 1 of the Commission on Elections En
Banc in SPA No. 13-306 (DC), which affirmed the
September 26, 2013 Resolution 2 of the COMELEC First
Division granting the petition for disqualification filed by
private respondent … against petitioner.”
– Ejercito v. COMELEC, G.R. No. 212398, Nov. 25, 2014
 Tips
• Time management
– Marking v. shading
– Moving on and letting go
• “Meal planning”
– Low sodium/salt
– High flight diet: Low residue/high protein
– Eating during the exam allowed
 See you in
Malcolm Hall!
 At UP Law
• Join orgs.
– Philippine Law Journal
– UP LDMU
– Philippine Law Register
– Law Student Government
• Be good to each other.
– “A rising tide raises all ships.”