Use of Gender Fair Language

USE OF GENDER FAIR LANGUAGE
Relevant laws related to Use of Gender Fair

Language
• Article II, Section 11 of the 1987 Constitution
• Article II, Section 14 of the 1987 Constitution
• Republic Act No. 7192, otherwise known as "Women in Development
and Nation Building Act”
• Section 13 of Republic Act No. 9710, or "The Magna Carta for
Women“
• Administrative Circular No. 82-2006 dated 19 September 2006
• Memorandum Order No. 90-2021
• Republic Act No. 11313
GUIDELINES ON THE USE OF
GENDER-FAIR LANGUAGE IN
THE JUDICIARY
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).
1. The use of the generic masculine.
 use gender-neutral mass nouns such as people, person(s), human(s),
human being(s), humankind, humanity, the human race
Example
Negligence is the omission to do something which a reasonable man
would do. (BJDC Construction v. Lanuzo)
Piracy is a crime not against any particular state but against all
mankind. (People v. Lol-lo and Saraw)
include women in a general statement about the human condition.
Example:
Man is naturally endowed with the faculties of understanding and free
will. (People v. Madarang)
2. The unwarranted use of masculine pronouns
 use plural nouns to avoid using third person singular pronouns
Examples:
A lawyer shall avoid testifying in behalf of his client. (RULES OF COURT, rule
40, sec. 7(b))
 use 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. (CODE OF PROFESSIONAL RESPONSIBILITY, rule
12.08.)
3. The use of masculine terms for professions, occupations and roles
Use widely-used gender-neutral forms of professions, occupations and
roles
Example
Respondent is Chairman of the Philippine National Red Cross Board of
Governors. (Liban et al. v. Gordon)
 use gender-neutral terms that the law employs
Example
Complainant assumed office as Barangay Chairman in hold-
over capacity by operation of law. (Bogabong v. Hon. Balindong)
4. The use of sex-appropriated terms.
Use "spouses" for "wives," "family" for "wife and child," and similar
terms.
Example
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.
(Balleza v. Judge Astorga)
II. ELIMINATE language that trivializes or diminishes the
stature of persons of another gender and/or people with diverse
SOGIESC.
1. The use of diminutive feminine suffixes. (-ess, -ette, -trix, or -enne)
 use gender-neutral terms
Example:
There, they saw Annie Ferrer, a popular movie starlet. (Sison et al. v.
People )
2. The use of sex-linked modifiers.
 use gender-neutral forms of occupations and/or common
nouns.
Example:
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. (People v. Tayag)
3. The use of gender-linked modifiers.
 remove references to gender identity and/or expression when
Irrelevant
Example
Complainant often traveled to and from Japan as a gay entertainer
in said country. (Philippine National Bank v. Pike)
4. The use of outdated honorifics and forms of address.
Use Ms. instead of Mrs. when the woman's marital status is
irrelevant to the issues, or the woman's preferred form of address is
unknown.
Example:
Mrs. dela Cruz Ms. Dela Cruz
 use a married woman's name instead of her husband's
Example:
Mrs. Juan dela Cruz Ms. Maria Santos-dela Cruz
 use gender-neutral honorifics or terms.
Example:
Dra. Concepcion Reyes Dr. Concepcion Reyes
III. ELIMINATE language which disparages and
marginalizes persons of another gender and/or persons of
diverse SOGIESC.
1. The use of disparaging language.
Examples:
• She belongs to the weaker sex and any effort on her part to help
would amount to nothing but raw and reckless courage. (People v.
Danque)
• It is obvious the witness' curiosity and inquisitiveness as to what was
happening, the Filipino "usisero" trait, overcame the natural timidity
of the woman. (People v. Acob)
 use non-oppressive, modern terms
Examples:
• Carmen, a spinster, a retired pharmacist, and former professor, was
declared incompetent by judgment. (Cariiza v Court of Appeals )
• The negligence of petitioner's salesgirl is not excusable. (Cruz v. Ernest
Oppen, IncCruz v. Ernest Oppen, Inc.)
 use the term "woman" instead of unnecessary metaphors
Examples
• Nor does it prove that it was preceded by an unlawful aggression
attributed to a person of the weaker sex. (U.S. v. Idon)
2. Gender stereotypes.
use gender-fair terms
Example
• The policeman did not see the appellant knock the priest down.
(U.S. v. Samonte)
• Petitioner was employed as a flight stewardess of the respondent
company since 1947. (Northwest Airlines Employees Ass'n and Matue
v. Northwest Airlines, Inc.)
 conscientiously use language and terms commonly used to describe
specific SOGIESC.
Example:
Instead of discussing the problem (of not feeling any sexual excitement
and attraction toward her) with him candidly, she accused him of being
gay.
IV.ELIMINATE language that fosters
unequal gender relations.
1. Words and phrases which lack parallelism.
 adopt parallelism in word choices
Example
• They were married in the City of Manila and lived together as
• man and wife. (Barreto Gonzalez v. Gonzalez)
2. Calling attention to a person's sex.
 use gender-neutral terms
Example:
• Appellant, aged 20, was employed as a delivery boy. (People v. Cando
)
• It was done through her insistent request by reason of the fact that
she was on her way to motherhood. (People v. Pineda )
V. ELIMINATE sexist,language in quoted
rnaterial.
1. Sexist language in quoted material
 paraphrase the quote using non-sexist language
Example:
• "The law considers what would be reckless, blameworthy, or negligent
in the man of ordinary intelligence and prudence and determines
liability by that.“ (Picart v. Smith, Jr., )
• In Picart v. Smith, Jr., the Supreme Court ruled that liability for
negligence is anchored on the standard of diligence obsessed by a
person of ordinary intelligence and prudence.
• "Indeed, a man is king in his own house.“ (City Engineer of Baguio and
Hon. Domogan v..Baniqued)
• Indeed, it has been said, that a person is the ruler of one's own home.
City Engineer of Baguio and Hon. Domogan v..Baniqued)
 add sic in a direct quotation.
• "Despite the egalitarian commitment in the Declaration of
Independence that 'all men are created equal,' the framers of the
original Constitution of the United States omitted any constitutional
rule of equal protection.“ (Central Bank Employees Ass'n. v. Bangko
Sentral ng Pilipinas )
• "Despite the egalitarian commitment in the Declaration of
Independence that 'all men are created equal' [sic], the framers of
the original Constitution of the United States omitted any
constitutional rule of equal protection."
2. Distracting, pointless and gratuitous language which perpetuate stereotypes and double-meanings.
• Example:
•
• In People v. Amarela and Racho,64 the Supreme Court noted:
• "[Tioday, we simply cannot be stuck to the Maria Clara stereotype of a demure and reserved Filipino woman.
• We, should stay away from such mindset and accept the realities of a woman's dynamic role in society today;
she who has over the years transformed into a strong and confidently intelligent and beautiful person,
willing to fight for her rights.
• In this way, we can evaluate the testimony of a private complainant of rape without gender bias or cultural
misconception. It is important to weed out these unnecessary notions because an accused may be convicted
solely on the testimony of the victim, provided of course, that the testimony is credible, natural,
convincing, and consistent with human nature and the normal course of things. Thus, in order for us to
affirm a conviction for rape, we must believe beyond reasonable doubt the version of events narrated by
the victim."
WHY USE A NON-SEXIST LANGUAGE?
• Language is a very essential tool in communication.
• It promotes gender sensitivity
• It articulates consciousness
• It reflects culture
• It stem socialization.
Section 14, Article II of the 1987 Constitution
“State recognizes the role of women in nation-building, and shall
ensure the fundamental equality before the law of women and men."
Republic Act 9710, otherwise known as the
"Magna Carta of Women,"
• It reinforces the use of gender-sensitive language at all times.

Civil Service Commission (CSC) issued
Memorandum Circular No. 12, series of 2005
It encourages the use of non-sexist language in all official documents,

communications and issuances
HOW CAN GOVERNMENT OFFICIALS AND
EMPLOYEES EMPLOY NON-SEXIST LANGUAGE
IN THEIR COMMUNICATIONS?
EMPLOYING NON-SEXIST LANGUAGE IN OFFICIAL
COMMUNICATION
Eliminate the generic use of HE, HIS, or HIM unless the antecedent is
obviously a male
a. using plural nouns
TRADITIONAL SUGGESTION
The lawyer uses his brief to guide him. The lawyers use their briefs to guide them.
b. deleting he, his, and him altogether, rewording if necessary

The architect uses his blueprint to guide him. The architect uses a blueprint as a guide.
c. substituting
TRADITIONAL
articles (a, an. the) for his, using who instead of he
SUGGESTION
The writer should know his readers well. The writer should know the readers well.
d. using one, we, or you

As one grows older, he becomes more reflective. As one grows older, one becomes more reflective.
e. using the passive voice

The manager must submit his proposal today. The proposal must be submitted by the manager today.
2. Eliminate the generic use of MAN. Instead, use PEOPLE, PERSON(S),
HUMAN(S), HUMAN BEING(S), HUMANKIND, HUMANITY, and THE
HUMAN RACE.
ordinary man ordinary people
mankind, humanity
the brotherhood of man the human family
3. Eliminate sexism in symbolic representations of gender in words, sentences, and texts
by:
a. taking the context of the word, analyzing its meaning, and eliminating sexism
in the concept
feelings of brotherhood feelings of kinship
feelings of fraternity solidarity
the founding fathers the founders, the founding leaders
the Father of Relativity Theory the Founder of Relativity Theory,
the Initiator of Relativity Theory
b. finding precise words to delineate the thing itself from supposedly sex-linked characteristics
Titanic was a great ship, but she now rests at the Titanic was a great ship, but it now rests at the bottom
bottom of the sea. of the sea.
"Don't let Mother Nature rip you o ! She's out to kill "Don't let Nature rip you off! It's out to kill your car's
your car's new finish... Stop her..." finish... Stop it..."
4. Eliminate sexual stereotyping of roles by:
a. using the same term for both genders when it comes to profession or employment
salesman sales agent

stewardess flight attendant
b. treating men and women in a parallel manner

I now pronounce you man and wife. I now pronounce you husband and wife.
c. avoiding language that reinforces stereotyping images

a man's job a big job
the director's girl Friday the director's assistant

working mothers wage-earning mothers
spinsters or old maids unmarried women
5. Eliminate sexism when addressing persons formally by:
a. using Ms. instead of Mrs.

Mrs. dela Cruz Ms. dela Cruz
b. using a married woman's first name instead of her husband’s

Mrs. Juan dela Cruz Ms. Maria Santos-dela Cruz
c. using the corresponding titles for females

Dra. Concepcion Reyes Dr. Concepcion Reyes
d. using the title of the job or group in letters to unknown persons

Dear Sir Dear Editor, Dear Credit Manager,
Dear Colleague
KINDS OF SEXIST LANGUAGE
1. Language that excludes women or renders them invisible

2. Language that trivializes women or diminishes their stature
3. Language which disparages and marginalizes women (or persons of
another gender), such as: salesgirls, ladies, fair sex, weaker sex, little
woman, the better half, girl Friday, housewives, busboys, minority
women, maids, servants, etc.
4. Language that fosters unequal gender relations
5. Gender polarization of meanings in the use of adjectives
6. Lexical gap: In the English language, there is an absence or lack of words that refers to
women's experience.
There is "patronage" but no "matronage.“
7. Hidden assumptions: Compare the following statements:

Example:
Men can care for children just as well as women. (acceptable)
Women can care for children just as well as men. (strange or bizarre)
8. Metaphors which reflect a male-centered view of the world or portray women as objects

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USE OF GENDER FAIR LANGUAGE

Relevant laws related to Use of Gender Fair

• It reinforces the use of gender-sensitive language at all times.

It encourages the use of non-sexist language in all official documents,

b. deleting he, his, and him altogether, rewording if necessary

d. using one, we, or you

e. using the passive voice

salesman sales agent

b. treating men and women in a parallel manner

c. avoiding language that reinforces stereotyping images

a man's job a big job

the director's girl Friday the director's assistant

a. using Ms. instead of Mrs.

b. using a married woman's first name instead of her husband’s

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

c. using the corresponding titles for females

Dra. Concepcion Reyes Dr. Concepcion Reyes

d. using the title of the job or group in letters to unknown persons

1. Language that excludes women or renders them invisible

There is "patronage" but no "matronage.“

7. Hidden assumptions: Compare the following statements:

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