Language of Law (Short Course)

Course Code: AB-M411

Credit Units: 3 Units

Course Description:

This short course aims to introduce students to the language of law, including its vocabulary,
syntax, and structure. Students will learn how to analyze and interpret basic legal documents,
digests court cases, and develop skills in legal writing and communication.

Course Outcomes:

By the end of the course, students should be able to:

● Identify and explain the vocabulary, syntax, and structure of basic legal language.
● Analyze and interpret basic legal documents, including contracts, cases decided by the
Supreme Court, and legal opinions.
● Develop skills in legal writing, including the ability to draft basic legal documents and
communicate legal concepts effectively.

Course Outline:

I. Introduction to Legal Language

● Definition of legal language

● Historical and cultural perspectives
● Role of language in legal contexts

II. Vocabulary of Legal Language

● Legal terminology and concepts

● Use of Latin phrases/Latin Maxims
● Basic technical terms in legal language

III. Syntax and Structure of Legal Language

● Sentence structure and punctuation

● Organization of basic legal documents
● Use of basic legal citations

IV. Analysis and Interpretation of Basic Legal Documents

● Basic contract language

 ● Basic legal opinion/Supreme Court Case language

V. Basic Legal Writing and Communication

● Drafting basic legal documents

Assesment:
Participation and Attendance (50%)
Short written assignment (50%)

References:

Baugh, L. S., & Cable, T. (2002). A history of the English language (Vol. 5). Routledge.

Black's Law Dictionary, 11th Edition (2019). Edited by Bryan A. Garner. Thomson Reuters.

Bryan A. Garner (2010). Legal Writing in Plain English: A Text with Exercises. University of
Chicago Press.

Crystal, D. (2001). Language and the Internet. Cambridge University Press.

Kebbi, A. (2014). Legal Language and Legal Writing. Saarbrücken: LAP LAMBERT Academic
Publishing.

Maksymskyi, A. (2019). The language of the law: The evolution of legal English. International
Journal of Language Studies, 13(4), 97-112.

Murray, C. (2019). The language of legal discourse. Routledge.

Thornton, B. (2018). Legal Writing in the Disciplines: A Guide to Legal Writing Mastery.
Wolters Kluwer Law & Business.

Wheeler, S. C., & Weinschneider, A. J. (2016). A legal writing handbook. Carolina Academic
Press.

Free Online References:

Legal English Online - This website offers free online courses in legal English, including legal
vocabulary, legal writing, and contract law.

Plain Language for Lawyers - This website provides resources and tips for legal writing in
plain English, including guidelines on grammar, punctuation, and formatting.

Law Library of Congress - The Law Library of Congress provides access to a wide range of
legal resources, including legal dictionaries, research guides, and databases.

OpenStax CNX - OpenStax CNX is a free online platform for sharing educational content. It
offers a range of resources on legal writing and communication.
Purdue Online Writing Lab (OWL) - The OWL provides resources and exercises for
improving writing skills, including legal writing.

The Legal Writing Institute - This non-profit organization offers resources and support for
legal writing instructors and students.

The National Clearinghouse for English Language Acquisition - The NCELA provides
resources and research on English language learning, including legal language and terminology.

Cornell Legal Information Institute - The Cornell Legal Information Institute provides free
access to a wide range of legal resources, including legal dictionaries, research guides, and
databases.
Handout 1: Introduction to Legal Language (March 25, 2023)

Definition of Legal Language:

Legal language refers to the specialized language used by a person engaged in the legal
profession. Law is a technical subject and it has its specific language and terminology. The
interpretation of law is carried out by means of a specific language called legal language.

It is characterized by its technicality, complexity, and precision, and it often includes specialized
terminology, Latin phrases, and jargon that may not be familiar to the general public.

Legal language serves to establish clarity and precision in legal contexts, ensuring that legal
concepts are accurately and efficiently communicated.

The scope and extent of legal language is very much wide, because the legal language deals with
the common man. There is a general conception regarding the legal language that a common man
cannot understand the legal language as it is a technical subject. Only the legal experts are able to
understand the technicality of legal language because they possess the skill to understand it.

In modern society there are two categories of people –

i) those who are affected by law and;

ii) those who deal with law (legal experts).

There are 5 dimensional communications in the field of law.

1. The first dimension is the law makers, then the judges who implement it and legal
advisers are the contributors in the communication of the provisions of the law.
2. The second dimension is the interaction which takes place between the judges and the
legal advisers. This can be formal or informal. In the courts exchange of views do occur
between the judges and the advocates.
3. The third dimension is informal advice or exchange of views between two or more
advocates in their office or the exchange of views among the legal experts. This kind of
communication is informal, however technical.
4. The language of the fourth dimension is simple. This type of communication takes place
between ordinary citizens and legal advisers.
 5. The last and fifth dimension of the communication exists upon ordinary citizens, which
are expressed in contracts, wills and information.

CHARACTERISTICS OF LEGAL LANGUAGE

Legal language is sometimes difficult to understand because of the usage of a large number of
difficult words and phrases. Legal Language employs a great deal of technical terminology
which is unfamiliar to the layman and most of these terms are derived from French and Latin.

Thus, the main characteristics of legal Language are as follows:

1. Sentences often have peculiar (unique) structures. The influence of French grammatical
structures is a contributory reason for this factor.
2. Punctuation is used sufficiently particularly in consequences and deeds. In modern legal
drafting punctuation is used to clarify the meaning of the words.
3. Foreign phrases are sometimes used instead of English phrases. Such as Inter alia is used
instead of among others.

4. Older words like here of, thereof, whereof are used in legal English primarily to avoid
repeating names or phrases. like the parties here too.
5. Modifiers such as the same, the said, the aforementioned etc. are very frequently used as
adjectives to determine the noun. For example – the said Mr. A.
6. Legal English contains some words such as employer and employee, lesser and lessee in
which the opposite nature of the relationship is indicated by the use of alternative
endings, such as -er, -or, -ee.

Historical and Cultural Perspectives:

The development of legal English is closely connected with the history of Great Britain. For
several centuries English remained the spoken language of the majority of the population, while
almost all writing was done in French or Latin.

During that period, legal English was influenced by Latin and French. Following the Norman
invasion of England in 1066, Anglo Norman France became the official language of England.
For the period of nearly 300 years, it was the language of legal proceedings. As a result many
words used in modern legal English are derived from Anglo Norman, such words are property,
chattel ,estate ,lease etc.

From 1066, Latin was the language of formal records and statutes. But it was not the language of
legal pleading or debate. The Statute of Pleading, which was enacted in France in 1356, stated
that all legal proceedings should be in English, but recorded in Latin.

The influence of Latin can be seen in the number of words and phrases such as Ad hoc, De facto,
Bonafide etc. which remain in current use in writing. English was adopted for different kinds of
legal documents at different times. Wills began to be written in English in about 1400. Statutes
were written in Latin until about 1300, in French until 1485, in English and French for a few
years and in English alone from 1489.

In the Philippines, the English-only policy dominates the legal domain, despite the fact that there
are at least 175 different languages in the country. As English remains the language of the
educated elite, many Filipinos who do not belong to this circle are unnecessarily marginalized by
this English-only policy. Whether or not they are proficient in the form of English expected in
courtrooms, these Filipinos participate in courtroom talk using whatever linguistic resources or
codes are available to them. Attempts by the government to introduce the national language in
the courts have had very limited success and prospects for using other Philippine languages
remain dim.

Role of Language in Legal Contexts:

Language plays a critical role in legal contexts, as it is the primary means of communication
between legal professionals and their clients, as well as between legal professionals themselves.
In order for legal language to effectively fulfill its role, it must be clear, precise, and
unambiguous. Legal language must also be able to convey complex legal concepts and ideas,
often in a way that is understandable to non-legal professionals.

Additionally, legal language must be able to adapt to changing legal and societal contexts. As
new laws are enacted and legal systems evolve, legal language must also evolve to reflect these
changes. Legal language must also be able to adapt to different cultural contexts, as legal
concepts and ideas may be interpreted differently across different societies and legal systems.

In conclusion, legal language is a highly specialized language used by legal professionals in the
context of the law. It has evolved over time and has been shaped by various historical and
cultural factors. Legal language plays a critical role in legal contexts, and it must be clear,
precise, and adaptable to changing legal and societal contexts.

Please identify and define key legal terminology and concepts within the documents

DEED OF ABSOLUTE SALE

KNOW BY ALL MEN BY THESE PRESENTS
This DEED OF ABSOLUTE SALE is made, executed and entered into by:
CINDE RELLA, Filipino, widow, of legal age and resident of Block 1 Lot 2,
Hermilinda Homes, Barangay Mansilingan, Bacolod City, Philippines, hereinafter
referred to as VENDOR;
-AND-
PRINCE CHARMING, Filipino, single, of legal age and resident of Block 2
Lot 3China Street Estanzia Subdivision, Barangay Mandalagan, Bacolod City,
Negros Occidental, Philippines, hereinafter referred to as VENDEE.
WITNESSETH;
WHEREAS, the VENDOR is the owner of certain parcels of land with all the improvements
existing thereon, situated at Barangay Vista Alegre, Bacolod City with Transfer Certificate of
Title No. 092-2015001306, specifically described as follows:
“A PARCEL OF LAND (LOT 31, BLOCK 10, PCS-06-002875, BEING
A CONS- SUBD. OF LOTS 1074-C-2-E-2, PSD-06-037972 & LOT
1074-C-2-F-1, PSD-06-037973), SITUATED IN THE BARANGAY OF
VISTA ALEGE, CITY OF BACOLOD, ISLAND OF NEGROS.
BOUNDED ON THE SE., ALONG LINE 1-2 BY LOT 32; ON THE
 SW. ALONG LINE 2-3 BY ROAD LOT 18; ON THE SW., & NW.
ALONG LINES 3-4-5 BY ROAD LOT 14; ON THE NE., ALONG LINE
5-1 BY LOT 29. BEGINNING AT A POINT MARKED "1" ON PLAN
BEING, S. 23-10 E., 2232.90 METERS FROM BBM # 32, CAD. 39,
BACOLOD CADASTRE, THENCE; S. 24-37 W., 13.44 M. TO PT. 2;
N. 60-56 W., 9.34 M. TO PI. 3; N. 18-10 W., 4.01 M. TO PT. 4; N, 24-38
E., 9.74 M. TO PT. 1; POINI OF BEGINNING. CONTAINING AN
AREA OF ONE HUNDRED FIFTY TWO (152) SQUARE METERS,
MORE OR LESS. ALL CORNERS REFERRED TO ARE INDICATED
ON PLAN AND ARE MARKED ON THE GROUND BY P.S. CYL.
CONC. MONS. 15 X 40 CM., BEARINGS TRUE, SURVEYED BY
ENGR. AND APPROVED ON AUGUST 6, 1997.”

WHEREAS, the VENDOR has offered to sell and the VENDEE has agreed to
buy the above-described parcels of land with all the improvements thereon for the total
price of ONE HUNDRED THOUSAND PESOS (P100,000.00);

NOW, THEREFORE, for and in consideration of the sum of ONE HUNDRED

THOUSAND PESOS (P100,000.00), Philippine currency, the said VENDOR does hereby sell,
transfer and convey, in a manner absolute and irrevocable, unto the VENDEE, their heirs and
assigns the real property above described together with all the improvements existing thereon,
free and clear of all liens and encumbrances ; and

The VENDOR does hereby accept this sale and binds herself to assume as she hereby
assumes the payment of the unpaid balance of the mortgage in indebtedness of the VENDEE and
does hereby further agree to be bound by the precise terms and conditions therein contained.

IN WITNESS WHEREOF, the VENDOR and the VENDEE have signed this deed on
__________________ at ______________, Negros Occidental, Philippines.

CINDE RELLA
VENDOR

PRINCE CHARMING
VENDEE

SIGNED IN THE PRESENCE OF:

_____________________________ _______________________________

ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
CITY OF __________________ ) S.S.
 BEFORE ME, a Notary Public for and in the __________, this ___________________,
personally appeared:

CINDE RELLA Philhealth ID with Number 03-175004573-4

PRINCE CHARMING Philhealth ID with Number 03-174005782-3

All known to me be the same person, who executed the foregoing instruments, and they hereby
acknowledged that the same is their true act and voluntary deed.

This instrument, consisting of two (2) pages, including the page of which this acknowledgment is
written, has been signed on the left margin of each and every page thereof by the concerned
parties and their witnesses, and sealed with my notarial seal.

WITNESS MY HAND AND SEAL on this _____________ at ___________________.

Doc. No. ____,

Page No. ____,
Book No. ____,
Series of 2023.

Handout 2: Vocabulary and Syntax of Legal Language (Apr 1, 2023)

Legal language is a specialized language used in legal contexts such as in courtrooms, legal
documents, and contracts. Legal language is often characterized by its technical vocabulary and
complex syntax and structure. Understanding legal vocabulary and syntax is essential for anyone
working in or studying the field of law.

Legal Vocabulary:

Legal vocabulary includes terms and phrases specific to the field of law. It is essential to
understand legal vocabulary to comprehend legal documents and proceedings. Some examples of
legal vocabulary include:

● Jurisdiction: The authority of a court to hear and decide legal cases.

● Habeas Corpus: A writ that requires a person under arrest to be brought before a court or
judge, especially to secure the person's release unless lawful grounds are shown for their
detention.
● Adjudication: The legal process of resolving a dispute or controversy.

Syntax and Structure:

Legal language is characterized by complex syntax and structure. Legal documents are often
written in a precise and formal style that follows strict rules of grammar and punctuation.
Understanding the syntax and structure of legal language is important for interpreting legal
documents and drafting legal documents accurately. Some examples of syntax and structure in
legal language include:

● Use of legal jargon

● Long, complex sentences
● Passive voice
● Use of legal precedents

In summary, legal language is a specialized language used in legal contexts that are characterized
by its technical vocabulary and complex syntax and structure. Understanding legal vocabulary
and syntax is essential for anyone working in or studying the field of law.

CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF LEASE is entered into this 2 nd day of January 2023 at Bacolod City, by
and between:
SNOW WHITE of legal age, Filipino, married to PRINCE CHARMING and a
resident of Nathan Road, Villa Celia Subdivision, Libertad Extension, Bacolod
City, Negros Occidental, hereinafter referred to as the LESSOR;
and
POCA HONTAS, of legal age, single, Filipino and a resident of Lot 12, Block 6,
Epsilon Street, Greensville I, Bacolod City, Negros Occidental, hereinafter
referred to as the LESSEE.

WITNESSETH
WHEREAS, the LESSOR is the registered owner of a building built on a parcel
of land located along P. Hernaez Extension, Bacolod City, as evidence by Transfer
Certificate of Title No. T-150075 of the Office of the Register of Deeds of the City of
Bacolod;
WHEREAS, the LESSEE has offered to lease the building and the lot mentioned
above under the terms and conditions hereinafter mentioned, and the LESSOR has
accepted such offer of the LESSEE;
NOW THEREFORE, in consideration of the premises and of the mutual
premises, covenants, stipulations hereinafter mentioned, the parties have agreed as
follows:
1. The LESSOR does hereby agree to lease and let unto the LESSEE, and the
LESSEE does hereby agree to take under lease from the LESSOR, the
building, the lot where the building is located, and including the surrounding
grounds mentioned in the first WHEREAS clause, under the terms,
covenants, and conditions hereinafter mentioned;
2. This CONTRACT OF LEASE shall commence on 02 January 2023 and shall
continue for ONE (1) calendar year or until 03 January 2024, renewable for
an additional of ONE (1) year thereafter upon mutual agreement by the
parties, provided the party seeking to renew this contract shall give a written
notice to the other party of such intention to renew THIRTY (30) days prior
to the expiration of this CONTRACT OF LEASE;

3. In the event that the LESSOR or LESSEE, does not intend to renew this
CONTRACT OF LEASE, the LESSEE shall be given a period of ONE (1)
month to vacate the leased premises;

4. In consideration of the occupancy of the building and the surrounding

grounds, the LESSEE shall pay the LESSOR, without necessity of demand, a
monthly rental fee of THIRTY FIVE THOSAND FOUR HUNDRED
THIRTY ONE AND 22/100 PESOS (Php 35, 431.22), payable every 15 th
and 30th of each month in equal parts to the LESSOR at the latter’s residence
or to any of their authorized representative.

5. The LESSEE shall not make any alteration upon the leased premises without
the prior written consent of the LESSOR. Alterations made upon the leased
premises shall belong to the LESSOR, including as such permanent fixtures
and other improvements upon termination of this CONTRACT OF LEASE.

The LESSEE, after termination of this CONTRACT shall return the leased
premises to the LESSOR, to its original form and substance whatever that
has been altered or removed, without any obligation on the part of the
LESSOR.

The LESSEE agrees not to nail nor post nor permit anybody to nail or post
any signs or advertisement on the leased premises other than that permitted
by the LESSOR for the purpose of promoting the LESSEE’s place of
business, furthermore, the LESSEE is not authorized to spend or advance any
amount for any improvement in the leased premises or for any other purpose
in behalf of the LESSOR, nor can claim reimbursement for any expenses
incurred thereat;

6. The LESSEE shall not assign this CONTRACT OF LEASE nor sublet the
leased premises or any portion thereof without the prior written consent of
the LESSOR;

7. The leased premises shall be used by the LESSEE solely for bar and
restaurant purposes only, it being understood that the same shall not be used
as bodega, shop, shooting gallery, pinball machines, or for any illegal or
immoral purposes;

8. The LESSEE shall comply with all sanitary, City Ordinance, rules and
regulations, fire and police matters, whatsoever kind and nature directed
against or pertaining to the leased premises, and shall personally shoulder the
 expenses incidental thereto. Expenses for light and water shall be shouldered
by the LESSEE. All accounts for water and light shall be paid promptly;

9. The LESSOR or his agents may at all reasonable times enter upon the leased
premises to inspect and examine the condition of the said premises;

10. Should the LESSEE fail to fulfill any of his obligations under this
CONTRACT, the LESSOR may terminate this CONTRACT by giving
THIRTY (30) days notice to the LESSEE. The LESSEE shall within that
time vacate the leased premises and restore its possession to the LESSOR. It
is further agreed that should the LESSEE fail or refuse to vacate the leased
premises and restore its possession to the LESSOR after demand is made
therefore by the latter, the LESSEE shall pay the LESSOR by way of
liquidated damages the amount of FIFTY THOUSAND PESOS (Php 50,000)
for the LESSEE’s failure or refusal to restore possession of the leased
premises to the LESSOR, aside from the monthly rental due thereof,
attorney’s fees and other expenses;

11. It is further agreed that in the event the LESSEE fails to pay the monthly
rental as herein agreed, or fails to comply with any of the conditions
embodied in this CONTRACT OF LEASE, the LESSOR shall have the right
to hold or retain possession of all merchandise, rents and other obligations
which may be due the LESSEE;

12. In the event the LESSEE fails to pay the monthly rental as herein agreed and
the building has been left locked and the whereabouts of the LESSEE is
unknown to the LESSOR, the LESSEE hereby grant authority to the
LESSOR to consider the building and its grounds and the objects found
therein as abandoned by the LESSEE and to force open the leased premises
and occupy and/or lease the same to another party, in such case, the LESSOR
may dispose any of the merchandise, furniture and fixtures found therein in
the manner deemed best and to apply the proceeds thereof to the obligations
of the LESSEE, it being understood that the LESSEE waives any claim or
action for damages or loss of any articles in this connection. This provision is
hereby inserted to dispense with the delays and the expensive proceedings
which otherwise the LESSOR will have to undertake under the
circumstances;

13. This CONTRACT OF LEASE embodies all the conditions agreed upon
between the LESSOR and the LESSEE with respect to the leased premises
and it is hereby agreed that any modification of the terms and conditions
stipulated herein in order to be effective must be made in writing;

14. The LESSEE’s failure to comply with any of the terms and conditions of this
Contract which results to pre-termination, and if the LESSEE leaves the
leased premises without due notice, entitles the LESSOR to receive from the
LESSEE the monthly dues for the unexpired portion of the term of this
CONTRACT OF LEASE;
 All real property taxes/assessments on the leased premises shall be for the
account of the LESSOR;

15. In case of litigation, the party at fault shall pay for the attorney’s fees and all
other expenses incurred, and the parties hereto expressly submit themselves
to the jurisdiction of the appropriate courts in the City of Bacolod;

16. In the event that the parties are not able to renew this CONTACT OF LEASE
after the expiry thereof, it is understood that the rentals shall subsists on a
month-to-month basis;

17. In the event any provision of this Contract is held to be void, unlawful, or
otherwise unenforceable, that provision will be severed from the remainder
of the Contract and replaced and corrected automatically by a provision
containing terms as nearly like the void, unlawful or unenforceable provision
as possible, and this Contract, as so modified, will continue to be in full force
and effect.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this
____________________ at Bacolod City, Negros Occidental.

SNOW WHITE married to PRINCE CHARMING

LESSOR

POCA HONTAS
LESSEE

SIGNED IN THE PRESENCE OF:

____________________________________ ____________________________________
Signature over printed name Signature over printed name

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )

_______________ ) S.S.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - x

Before me, Notary Public this ________________________ at _______________________,

Negros Occidental, Philippines, personally appeared with the following as proof of identification:
SNOW WHITE TIN ID NO. 112-233-445-000
PRINCE CHARMING TIN ID NO. 987-654-321-000
POCA HONTAS TIN ID NO. 123-456-789-000

All known to me to be the same persons who executed the foregoing instrument and they acknowledged
to me that the same is their free act and deed and that of the company they represents.
 This instrument consists of FOUR (4) pages, including this page on which the Acknowledgment
is written, signed by the parties and their instrumental witnesses on each and every page thereof, refers to
the Contract of Lease.
WITNESS MY HAND SEAL on the date and at the place above-written.
Doc. No.: ____________;
Page No.: ____________;
Book No.: ____________;
Series of 2023.

Handout 3: Analysis and Interpretation of Basic Legal Documents (April 15, 2023)
Analysis and interpretation of basic legal documents is a critical skill for anyone studying or
working in the field of law. Legal documents are often complex and can contain technical
language and legal jargon, making them difficult to understand without proper training. In this
lesson, we will explore the steps involved in analyzing and interpreting basic legal documents.

Types of Legal Documents:

There are many different types of legal documents, each with its own purpose and format. Some
common types of legal documents include:

● Contracts
● Wills and trusts
● Court pleadings and motions
● Agreements and releases
● Deeds and mortgages
● Employment documents

Steps in Analyzing Legal Documents:

The process of analyzing a legal document involves several steps, including:

1. Identifying the purpose of the document

2. Reading and understanding the language used in the document
3. Identifying the parties involved
4. Identifying the obligations and rights of each party
5. Identifying any conditions or limitations
6. Identifying any consequences for breach of the agreement
7. Identifying any legal remedies available

Interpreting Legal Documents:

Interpreting a legal document involves making sense of the information contained within the
document. This can be a challenging task as legal documents can be complex and contain
technical language. Some strategies for interpreting legal documents include:

1. Breaking down the document into sections or clauses

2. Identifying any legal definitions or terms used in the document
3. Identifying any legal precedents or case law that may apply
4. Seeking advice from legal professionals or experts in the field

Writing Summaries of Legal Documents:

Writing a summary of a legal document is an important skill for anyone working in the legal
field. A legal document summary should include:

1. A brief introduction to the document

2. The purpose of the document
3. The parties involved
4. The key obligations and rights of each party
5. Any conditions or limitations
6. Consequences for breach of the agreement
7. Legal remedies available

Writing Case Digests

Case Digests should include:
1. Facts of the Case (all relevant facts of the Case, what is the decision in the lower court,
appellate court and Supreme Court).
2. Issues that are subject of the case.
3. Ruling in each of the issues mentioned.

Republic of the Philippines

SUPREME COURT
Manila

SECOND DIVISION

G.R. No. 119190 January 16, 1997

CHI MING TSOI, petitioner,

vs.
COURT OF APPEALS and GINA LAO-TSOI, respondents.

TORRES, JR., J.:

Man has not invented a reliable compass by which to steer a marriage in its journey over
troubled waters. Laws are seemingly inadequate. Over time, much reliance has been
placed in the works of the unseen hand of Him who created all things.

Who is to blame when a marriage fails?

This case was originally commenced by a distraught wife against her uncaring husband in
the Regional Trial Court of Quezon City (Branch 89) which decreed the annulment of the
marriage on the ground of psychological incapacity. Petitioner appealed the decision of
the trial court to respondent Court of Appeals (CA-G.R. CV No. 42758) which affirmed
the Trial Court's decision November 29, 1994 and correspondingly denied the motion for
reconsideration in a resolution dated February 14, 1995.
The statement of the case and of the facts made by the trial court and reproduced by the
Court of Appeals1 its decision are as follows:

From the evidence adduced, the following acts were preponderantly established:

Sometime on May 22, 1988, the plaintiff married the defendant at the Manila Cathedral, .
. . Intramuros Manila, as evidenced by their Marriage Contract. (Exh. "A")

After the celebration of their marriage and wedding reception at the South Villa, Makati,
they went and proceeded to the house of defendant's mother.

There, they slept together on the same bed in the same room for the first night of their
married life.

It is the version of the plaintiff, that contrary to her expectations, that as newlyweds they
were supposed to enjoy making love, or having sexual intercourse, with each other, the
defendant just went to bed, slept on one side thereof, then turned his back and went to
sleep . There was no sexual intercourse between them during the first night. The same
thing happened on the second, third and fourth nights.

In an effort to have their honeymoon in a private place where they can enjoy together
during their first week as husband and wife, they went to Baguio City. But, they did so
together with her mother, an uncle, his mother and his nephew. They were all invited by
the defendant to join them. [T]hey stayed in Baguio City for four (4) days. But, during
this period, there was no sexual intercourse between them, since the defendant avoided
her by taking a long walk during siesta time or by just sleeping on a rocking chair located
at the living room. They slept together in the same room and on the same bed since May
22, 1988 until March 15, 1989. But during this period, there was no attempt of sexual
intercourse between them. [S]he claims, that she did not: even see her husband's private
parts nor did he see hers.

Because of this, they submitted themselves for medical examinations to Dr. Eufemio
Macalalag, a urologist at the Chinese General Hospital, on January 20, 1989.

The results of their physical examinations were that she is healthy, normal and still a
virgin, while that of her husband's examination was kept confidential up to this time.
While no medicine was prescribed for her, the doctor prescribed medications for her
husband which was also kept confidential. No treatment was given to her. For her
husband, he was asked by the doctor to return but he never did.

The plaintiff claims, that the defendant is impotent, a closet homosexual as he did not
show his penis. She said, that she had observed the defendant using an eyebrow pencil
and sometimes the cleansing cream of his mother. And that, according to her, the
defendant married her, a Filipino citizen, to acquire or maintain his residency status here
in the country and to publicly maintain the appearance of a normal man.

The plaintiff is not willing to reconcile with her husband.

On the other hand, it is the claim of the defendant that if their marriage shall be annulled
by reason of psychological incapacity, the fault lies with his wife.
But, he said that he does not want his marriage with his wife annulled for several reasons,
viz: (1) that he loves her very much; (2) that he has no defect on his part and he is
physically and psychologically capable; and, (3) since the relationship is still very young
and if there is any differences between the two of them, it can still be reconciled and that,
according to him, if either one of them has some incapabilities, there is no certainty that
this will not be cured. He further claims, that if there is any defect, it can be cured by the
intervention of medical technology or science.

The defendant admitted that since their marriage on May 22, 1988, until their separation
on March 15, 1989, there was no sexual contact between them. But, the reason for this,
according to the defendant, was that everytime he wants to have sexual intercourse with
his wife, she always avoided him and whenever he caresses her private parts, she always
removed his hands. The defendant claims, that he forced his wife to have sex with him
only once but he did not continue because she was shaking and she did not like it. So he
stopped.

There are two (2) reasons, according to the defendant , why the plaintiff filed this case
against him, and these are: (1) that she is afraid that she will be forced to return the pieces
of jewelry of his mother, and, (2) that her husband, the defendant, will consummate their
marriage.

The defendant insisted that their marriage will remain valid because they are still very
young and there is still a chance to overcome their differences.

The defendant submitted himself to a physical examination. His penis was examined by
Dr. Sergio Alteza, Jr., for the purpose of finding out whether he is impotent . As a result
thereof, Dr. Alteza submitted his Doctor's Medical Report. (Exh. "2"). It is stated there,
that there is no evidence of impotency (Exh. "2-B"), and he is capable of erection. (Exh.
"2-C")

The doctor said, that he asked the defendant to masturbate to find out whether or not he
has an erection and he found out that from the original size of two (2) inches, or five (5)
centimeters, the penis of the defendant lengthened by one (1) inch and one centimeter.
Dr. Alteza said, that the defendant had only a soft erection which is why his penis is not
in its full length. But, still is capable of further erection, in that with his soft erection, the
defendant is capable of having sexual intercourse with a woman.

In open Court, the Trial Prosecutor manifested that there is no collusion between the
parties and that the evidence is not fabricated."2

After trial, the court rendered judgment, the dispositive portion of which reads:

ACCORDINGLY, judgment is hereby rendered declaring as VOID the marriage entered

into by the plaintiff with the defendant on May 22, 1988 at the Manila Cathedral, Basilica
of the Immaculate Conception, Intramuros, Manila, before the Rt. Rev. Msgr. Melencio
de Vera. Without costs. Let a copy of this decision be furnished the Local Civil Registrar
of Quezon City. Let another copy be furnished the Local Civil Registrar of Manila.

SO ORDERED.
On appeal, the Court of Appeals affirmed the trial court's decision.

Hence, the instant petition.

Petitioner alleges that the respondent Court of Appeals erred:

in affirming the conclusions of the lower court that there was no sexual intercourse
between the parties without making any findings of fact.

II

in holding that the refusal of private respondent to have sexual communion with
petitioner is a psychological incapacity inasmuch as proof thereof is totally absent.

III

in holding that the alleged refusal of both the petitioner and the private respondent to
have sex with each other constitutes psychological incapacity of both.

IV

in affirming the annulment of the marriage between the parties decreed by the lower court
without fully satisfying itself that there was no collusion between them.

We find the petition to be bereft of merit.

Petitioner contends that being the plaintiff in Civil Case No. Q-89-3141, private
respondent has the burden of proving the allegations in her complaint; that since there
was no independent evidence to prove the alleged non-coitus between the parties, there
remains no other basis for the court's conclusion except the admission of petitioner; that
public policy should aid acts intended to validate marriage and should retard acts
intended to invalidate them; that the conclusion drawn by the trial court on the
admissions and confessions of the parties in their pleadings and in the course of the trial
is misplaced since it could have been a product of collusion; and that in actions for
annulment of marriage, the material facts alleged in the complaint shall always be
proved.3

Section 1, Rule 19 of the Rules of Court reads:

Section 1. Judgment on the pleadings. — Where an answer fails to tender an issue, or

otherwise admits the material allegations of the adverse party's pleading, the court may,
on motion of that party, direct judgment on such pleading. But in actions for annulment
of marriage or for legal separation the material facts alleged in the complaint shall always
be proved.

The foregoing provision pertains to a judgment on the pleadings. What said provision
seeks to prevent is annulment of marriage without trial. The assailed decision was not
based on such a judgment on the pleadings. When private respondent testified under oath
before the trial court and was cross-examined by oath before the trial court and was
cross-examined by the adverse party, she thereby presented evidence in form of a
testimony. After such evidence was presented, it be came incumbent upon petitioner to
present his side. He admitted that since their marriage on May 22, 1988, until their
separation on March 15, 1989, there was no sexual intercourse between them.

To prevent collusion between the parties is the reason why, as stated by the petitioner, the
Civil Code provides that no judgment annulling a marriage shall be promulgated upon a
stipulation of facts or by confession of judgment (Arts. 88 and 101[par. 2]) and the Rules
of Court prohibit such annulment without trial (Sec. 1, Rule 19).

The case has reached this Court because petitioner does not want their marriage to be
annulled. This only shows that there is no collusion between the parties. When petitioner
admitted that he and his wife (private respondent) have never had sexual contact with
each other, he must have been only telling the truth. We are reproducing the relevant
portion of the challenged resolution denying petitioner's Motion for Reconsideration,
penned with magisterial lucidity by Associate Justice Minerva Gonzaga-Reyes, viz:

The judgment of the trial court which was affirmed by this Court is not based on a
stipulation of facts. The issue of whether or not the appellant is psychologically
incapacitated to discharge a basic marital obligation was resolved upon a review of both
the documentary and testimonial evidence on record. Appellant admitted that he did not
have sexual relations with his wife after almost ten months of cohabitation, and it appears
that he is not suffering from any physical disability. Such abnormal reluctance or
unwillingness to consummate his marriage is strongly indicative of a serious personality
disorder which to the mind of this Court clearly demonstrates an 'utter insensitivity or
inability to give meaning and significance to the marriage' within the meaning of Article
36 of the Family Code (See Santos vs. Court of Appeals, G.R. No. 112019, January 4,
1995).4

Petitioner further contends that respondent court erred in holding that the alleged refusal
of both the petitioner and the private respondent to have sex with each other constitutes
psychological incapacity of both. He points out as error the failure of the trial court to
make "a categorical finding about the alleged psychological incapacity and an in-depth
analysis of the reasons for such refusal which may not be necessarily due to
physchological disorders" because there might have been other reasons, — i.e., physical
disorders, such as aches, pains or other discomforts, — why private respondent would not
want to have sexual intercourse from May 22, 1988 to March 15, 1989, in a short span of
10 months.

First, it must be stated that neither the trial court nor the respondent court made a finding
on who between petitioner and private respondent refuses to have sexual contact with the
other. The fact remains, however, that there has never been coitus between them. At any
rate, since the action to declare the marriage void may be filed by either party, i.e., even
the psychologically incapacitated, the question of who refuses to have sex with the other
becomes immaterial.

Petitioner claims that there is no independent evidence on record to show that any of the
parties is suffering from phychological incapacity. Petitioner also claims that he wanted
to have sex with private respondent; that the reason for private respondent's refusal may
not be psychological but physical disorder as stated above.
We do not agree. Assuming it to be so, petitioner could have discussed with private
respondent or asked her what is ailing her, and why she balks and avoids him everytime
he wanted to have sexual intercourse with her. He never did. At least, there is nothing in
the record to show that he had tried to find out or discover what the problem with his wife
could be. What he presented in evidence is his doctor's Medical Report that there is no
evidence of his impotency and he is capable of erection.5 Since it is petitioner's claim that
the reason is not psychological but perhaps physical disorder on the part of private
respondent, it became incumbent upon him to prove such a claim.

If a spouse, although physically capable but simply refuses to perform his or her essential
marriage obligations, and the refusal is senseless and constant, Catholic marriage
tribunals attribute the causes to psychological incapacity than to stubborn refusal.
Senseless and protracted refusal is equivalent to psychological incapacity. Thus, the
prolonged refusal of a spouse to have sexual intercourse with his or her spouse is
considered a sign of psychological incapacity.6

Evidently, one of the essential marital obligations under the Family Code is "To procreate
children based on the universal principle that procreation of children through sexual
cooperation is the basic end of marriage." Constant non- fulfillment of this obligation will
finally destroy the integrity or wholeness of the marriage. In the case at bar, the senseless
and protracted refusal of one of the parties to fulfill the above marital obligation is
equivalent to psychological incapacity.

As aptly stated by the respondent court,

An examination of the evidence convinces Us that the husband's plea that the wife did not
want carnal intercourse with him does not inspire belief. Since he was not physically
impotent, but he refrained from sexual intercourse during the entire time (from May 22,
1988 to March 15, 1989) that he occupied the same bed with his wife, purely out of
symphaty for her feelings, he deserves to be doubted for not having asserted his right
seven though she balked (Tompkins vs. Tompkins, 111 Atl. 599, cited in I Paras, Civil
Code, at p. 330). Besides, if it were true that it is the wife was suffering from incapacity,
the fact that defendant did not go to court and seek the declaration of nullity weakens his
claim. This case was instituted by the wife whose normal expectations of her marriage
were frustrated by her husband's inadequacy. Considering the innate modesty of the
Filipino woman, it is hard to believe that she would expose her private life to public
scrutiny and fabricate testimony against her husband if it were not necessary to put her
life in order and put to rest her marital status.

We are not impressed by defendant's claim that what the evidence proved is the
unwillingness or lack of intention to perform the sexual act, which is not phychological
incapacity, and which can be achieved "through proper motivation." After almost ten
months of cohabitation, the admission that the husband is reluctant or unwilling to
perform the sexual act with his wife whom he professes to love very dearly, and who has
not posed any insurmountable resistance to his alleged approaches, is indicative of a
hopeless situation, and of a serious personality disorder that constitutes psychological
incapacity to discharge the basic marital covenants within the contemplation of the
Family Code.7

While the law provides that the husband and the wife are obliged to live together, observe
mutual love, respect and fidelity (Art. 68, Family Code), the sanction therefor is actually
 the "spontaneous, mutual affection between husband and wife and not any legal mandate
or court order" (Cuaderno vs. Cuaderno 120 Phil. 1298). Love is useless unless it is
shared with another. Indeed, no man is an island, the cruelest act of a partner in marriage
is to say "I could not have cared less." This is so because an ungiven self is an unfulfilled
self. The egoist has nothing but himself. In the natural order, it is sexual intimacy which
brings spouses wholeness and oneness. Sexual intimacy is a gift and a participation in the
mystery of creation. It is a function which enlivens the hope of procreation and ensures
the continuation of family relations.

It appears that there is absence of empathy between petitioner and private respondent.
That is — a shared feeling which between husband and wife must be experienced not
only by having spontaneous sexual intimacy but a deep sense of spiritual communion.
Marital union is a two-way process. An expressive interest in each other's feelings at a
time it is needed by the other can go a long way in deepening the marital relationship.
Marriage is definitely not for children but for two consenting adults who view the
relationship with love amor gignit amorem, respect, sacrifice and a continuing
commitment to compromise, conscious of its value as a sublime social institution.

This Court, finding the gravity of the failed relationship in which the parties found
themselves trapped in its mire of unfulfilled vows and unconsummated marital
obligations, can do no less but sustain the studied judgment of respondent appellate court.

IN VIEW OF THE FOREGOING PREMISES , the assailed decision of the Court of

Appeals dated November 29, 1994 is hereby AFFIRMED in all respects and the petition
is hereby DENIED for lack of merit.

SO ORDERED.

Regalado, Romero, Puno and Mendoza, JJ., concur.

Footnotes
1 Thirteenth Division: Minerva Gonzaga-Reyes, J., ponente, Eduardo G. Montenegro and
Antonio P. Solano, JJ., concurring.
2 Rollo, pp. 20-24.
3 Ibid.
4 Rollo, p. 34.
5 Exhs. "2", "2-B" and "2-C".
6 Psychological Incapacity, G.T. Veloso, p. 20, cited in The Family Code of the
Philippines Annotated, Pineda, 1989 ed., p. 51.
7 Decision, pp. 11-12; Rollo, pp. 30-31.

In summary, analyzing and interpreting basic legal documents is an essential skill for anyone
studying or working in the field of law. By understanding the steps involved in analyzing legal
documents, interpreting the information contained within them, and writing effective summaries
of legal documents, students can develop the necessary skills to succeed in the legal profession.
 Handout 4: Basic Legal Writing and Communication (April 29, 2023)

Basic Legal Writing:

Legal writing refers to the style of writing used in legal documents and communication. It is a
unique form of writing that requires a particular set of skills and techniques. Legal writing is
formal and precise, with clear and concise language, proper grammar and punctuation, and
appropriate formatting. Effective legal writing is essential in the legal field as it helps to ensure
clarity, accuracy, and persuasion.

Legal writing can take various forms, including letters, memos, briefs, motions, and contracts.
Each of these documents serves a specific purpose, and the style of writing used can vary
depending on the intended audience and the desired outcome. For example, a letter to a client
will have a different tone and style than a brief submitted to a court.

To be successful in legal writing, it is crucial to have a thorough understanding of legal

terminology, principles, and procedures. This knowledge enables writers to present legal
arguments and analyses in a clear and concise manner. Additionally, effective legal writing
requires the ability to organize and present information logically and persuasively.

Basic Legal Communication:

Effective communication is a critical aspect of the legal profession. Legal communication

involves interacting with clients, colleagues, opposing counsel, and the court. Communication in
the legal field can take various forms, such as written communication, verbal communication,
and nonverbal communication.

In legal communication, it is essential to use clear and concise language that is easy to
understand. Legal jargon and complex terminology can be confusing and may result in
misunderstandings. As such, it is crucial to tailor communication to the intended audience and
avoid using technical language unless necessary.

In addition to clear language, legal communication requires active listening and the ability to ask
relevant questions. Lawyers and legal professionals must be able to listen attentively to their
clients and colleagues to gain a thorough understanding of their needs and goals.

Nonverbal communication also plays a role in legal communication. Body language, such as
facial expressions and gestures, can convey a range of emotions and attitudes. Legal
professionals must be aware of their nonverbal cues and be able to read and interpret the
nonverbal cues of others accurately.

In conclusion, effective legal writing and communication are crucial skills for lawyers and legal
professionals. Mastering these skills requires a thorough understanding of legal principles,
terminology, and procedures, as well as the ability to communicate clearly, concisely, and
persuasively.