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UNIVERSITY OF THE CORDILLERAS

COLLEGE OF LAW

Legal English I
PUNCTUATION
The writer who neglects punctuation, or mispunctuates,
is liable to be misunderstood.
- Edgar Allan Poe
I. CONCEPT
Punctuations are visual aids to help the reader better understand a written
material. They guide the reader to the writers intent and meaning. In oral
communication, gestures, word stress, and intonation serve as punctuations to
help the listener better understand what the speaker is saying. As in gestures,
one must not punctuate beyond what is necessary. Good punctuation does not
call attention to itself.

II. RULES
A. PERIOD The period is the most common punctuation mark. It is one of the
three terminal punctuation marks (i.e. generally used to end a sentence),
together with the question and exclamation marks.
1. A period is used after a statement, command, or request.
You are forbidden to spit in public.
2. A period, not a question mark, is used in an indirect question.
The judged asked if I have other witnesses.
3. Period is used after initials and most abbreviations. However, periods are
not required in the abbreviations of well-known organizations.
p.m., C.O.D., Capt., J.B.L. Reust
UN, YMCA, SC, SCRA
4. If an abbreviation with a period comes at the end of the sentence, only
one period is used.
5. If a request or command is courteously phrased as a question, a period,
and not a question mark, must be used. This rule is particularly true if no
reply is expected.
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Would you be so kind as to convey my greeting to your sister.


Will you please tell your client to stop calling me at night.

B. EXCLAMATION POINT Exclamation marks are almost never used in


formal legal writing. As these marks suggest intense emotions, a formal legal
writer is cautioned against using them. Otherwise, the material will appear
highly subjective without being persuasive.

C. QUESTION MARK Question marks are among the three terminal


punctuation marks. There are instances, however, when they appear in the
middle of a statement such as to express uncertainty.
1. Direct questions end with the question mark.
Is there justice here? (direct question = question mark)
The defendant asked if we paid the mediation fees.
question = period)

(indirect

2. Sentences in declaratory form but which have interrogatory meaning end


with a question mark (reason: it is the sense, not the form that counts)
You submitted your Memorandum yesterday?
Note:
In like manner, sentences in question form but which are
courteously phrased requests do not end with question marks but with
periods.
3. Interrogatory tags after a declaratory sentence end with question marks.
You are lying, arent you?
4. Multiple interrogatory endings in a single sentence are each followed by a
question mark. The beginning letter following a multiple ending is not
capitalized.
Whose duty is it that lower court records are transmitted to the
Court of Appeals on time? the lower court judge? his court staff?
or the appellant?

D. COMMA Generally, there are two uses of the comma: the single comma is
used to separate while the double commas are used to set off clauses that
interrupt the normal order of the statement. For most, the comma is the most
troublesome punctuation mark. Its overuse or underuse has caused more
mischief in law than the other punctuation marks combined. Proper use of
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the comma is thus important to help the reader get through the material the
way it was intended and avoid misreading the sentences.
SINGLE COMMAS
1. Independent clauses
When independent clauses (i.e. contains a subject and predicate; it can
stand on its own) are joined by a coordinating conjunction (and, or, for,
nor, yet, so, but), the comma is placed before the conjunction. These
conjoined clauses form a compound sentence. The comma is generally
used in longer sentences. But in short compound sentences, the comma
is dispensed with.
Long compound (needs a comma) The plaintiff wanted to implead
Ms. Santos as defendant, and he wanted the case heard before the
city fiesta.
Short compound (does not need a comma) The defendant
shouted and hit the table.
a) A compound sentence (i.e. consists of two independent sentences)
must be distinguished from a simple sentence with a compound
predicate (i.e. one subject with two or more predicates).
Compound sentence (needs a comma) The law students had
elected their Chancellor, and they will party at The Century Hotel
tonight.
Simple sentence with compound predicate (does not need a
comma) The law students had elected their Chancellor and will
party at The Century Hotel tonight.
b) Another way to join independent clauses is with the semicolon. This
way, one need not use the conjunction.
The mediator talked with the plaintiff in the morning; in the
afternoon, he spoke with the defendant.
2. Introductory element or phrase
A comma is used after an introductory element or phrase. This may be a
word (however, fortunately, first, soon, obviously), a phrase (being blood
relatives, in fact, very soon), or a dependent clause (at the time of the
incident, with the preparations all geared up for a warm welcome,
speaking to the defendant).

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After eating his breakfast in a nearby cafeteria, the judge


proceeded to his chambers.
a) Introductory participial phrase
Riding on the mountain bike, I realized the beauty of the citys
barangays.
b) Introductory prepositional phrase
On the advice of my counsel, I ask you if we could talk about this
thing.
c) Introductory infinitive phrase
To give his children college education, the defendant worked on
double shifts.
d) Introductory adverb phrase
Although ailing, the defendant managed to answer the questions
correctly.
In this statement, no comma is needed since the infinitive is the subject to
the sentence: To give his children college education is the defendants
lifelong dream.
If the introductory phrase is very short (not more than three words), the
writer is given the discretion whether to use the comma or not. Either is
acceptable. One may or may not place a comma depending on how one
wants his sentence to sound.
Very soon the defendant will rest his case. or
Very soon, the defendant will rest his case.
3. Transitional words
If transitional words (moreover, therefore, thus, furthermore, etc.) appear
at the beginning or in the middle of the sentence, commas must be used.
The evidence of the defendant is convincing, therefore, we have
decided to withdraw.
My advice, thus, is to intervene.

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4. Interrogatory tags
Interrogatory tags after a declaratory statement are separated by a
comma. This is particularly true when the subject of both the statement
and the question is the same person or thing.
The judge is the Rotary President of the district, isnt he?
But when the subjects of the first statement and the question are different,
the two sentences are expressed separately.
I am planning to attend the IBP National Convention this year.
Arent you?
5. Coordinate adjectives
Coordinate adjectives are two or more adjectives that equally modify a
noun. These adjectives must be separated by commas.
The defendant chose to wear his most colorful, traditional outfit in
court.
6. To avoid ambiguity
Use a comma to separate words or figures to avoid being misunderstood.
In 1991, 6,000 people perished in that Ormoc flood.

DOUBLE COMMAS
Double commas set off words or clauses that interrupt the normal order of the
sentence. Unless such word or clause comes at the beginning or end of the
sentence, a second comma must be used.
Here are your documents, Mr. Bond.
Here are your documents, Mr. Bond, and be sure to read them all
tonight.
Double commas are used to set off:
1. Parenthetical expressions
These are words or phrases that give additional meaning but are only
incidental to the main thought of the sentence. If parenthetic expressions
appear in the middle of the sentence, double commas are used.

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Judges, just like any human, may be tempted to overlook facts out
of pity.
Mario Cruz, Ph.D., is our guest speaker.
Also, legal citations within a sentence are parentheticals that must be set
off by commas.
In Lu v. Manipon, 381 SCRA 788, registration is not equivalent to
title. It merely confirms but does not confer ownership.
2. Contrasting expressions
Double commas are used if the contrasting expression (i.e. introduced by
not, but not, but, although, not, though, not usually, etc.) appears in the
middle of the sentence. Otherwise, only one comma is used (i.e. when
these expressions appear in the beginning or end).
The plaintiff, but not his wife, is predisposed to settle.
3. Appositives
An apposition or appositive is a word or phrase placed beside another to
add to or explain the first. Usually, appositives are preceded by such as,
or, especially, particularly, etc.
Jose, Marios older brother, is here.
Oryza Sativa, more commonly known as rice, is the chief product of
the province.
Appositive adjectives are likewise set off.
The bus, old and dilapidated, still transports passengers.
However, single word appositives are not set off with commas.
My brother Nate was here.
4. Nonrestrictive elements
A nonrestrictive element is a phrase that modifies part of the sentence but
which phrase is not essential to the overall meaning of the sentence.
Nonrestrictive elements are set off with commas, while restrictive or
essential phrases do not need commas.
The class, which meets at the seventh floor, has invited Professor
Cruz.

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(Nonrestrictive phrases usually start with which, who, although,


though)
The class that meets at the seventh floor has invited Professor
Cruz.
(Restrictive or essential phrases usually start with that, when,
because, before, while, if)
To test whether the clause is nonrestrictive or not, try taking away the
clause.
If the meaning changes or the sentence becomes less
understandable, the information is restrictive. Hence, no comma is used.
Otherwise, the clause may be set off by commas.
5. Interrupting words or phrases
If terms of direct address (e.g. sir, madam, my dear) interrupt a sentence,
they must be set off with commas.
The proposal, Your Honor, aims to give housing to the landless.
6. Quotation
Commas are used to set off quotations, unless the quotation is only one
word. Note that the comma precedes the quotation mark.
Your case, the mediator informed, is given a 30-day extension.
The mediator said, Your case is given a 30-day extension.
But a partial quotation that is part of the sentence is not set off by
commas.
The mediator said that he is giving the parties a 30-day extension.

E. SEMICOLON A semicolon is not a colon at all. It has the force of a strong


comma or weak period, separating the parts of the sentences, or joining
sentences without need of a conjunction.
1. Strong comma
As strong comma, a semicolon separates portions of a sentence of equal
rank if the other parts are divided by commas.
We have branches in Lipa City, Batangas; Los Baos, Laguna; and
Dasmarias, Cavite.

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2. Weak period
A semicolon joins two independent clauses without a conjunction.
Nevertheless, a period may be used instead of the semicolon.
Visitors visit; guests are invited. or
Visitors visit. Guests are invited.
If the independent clauses are joined by transitional expressions (e.g.
indeed, that is, for instance, thus, in fact, for example, therefore, however,
furthermore, as a result, at last, at least, on the contrary, etc.), a semicolon
may be placed before the transitional word or phrase, and put a comma
after it.
The Court of Appeals granted appellants motion for extension of
time to file his brief; as a result, he had more time to research on
precedents.

F. COLON This is the punctuation mark of anticipation. It means something


will follow.
1. Introducing long quotations or any formal matter
The colon is used to introduce block quotations, laws and rules as well as
set off the speakers name in transcripts of court proceedings.
Section 6, Rule 1 of the 1997 Rules on Civil Procedure mandates:
These Rules shall be liberally construed in order to promote
their objective of securing a just, speedy, and inexpensive
disposition of every action and proceeding.
The accused stood, his head bent, and said: guilty.
Atty. Cruz: Do you know defendants elder brother?
2. Introducing a series
A colon is used to introduce a series, summary and elaboration. The
clause introducing them must be a complete sentence in itself.
The Molina case identified three elements to establish
psychological incapacity: juridical antecedence, gravity and
incurability.

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She and I could have made a perfect couple save for the absence
of one thing: marriage.
My sons final grades jumped many points in his major subjects:
from 85 to 90 in Filipino, 86 to 92 in English, and 84 to 90 in Math.
Misuse of the colon: The colon should not be used to separate the verb
from the object, or the preposition from its object
Our witnesses are: Eric, Ronald, and Alfredo.
We are going to look for the documents in: the court, the notary
publics office, and the Bureau of Archives. #

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