PLAIN ENGLISH, PLEASE!

A Seminar-Workshop in Plain English

(How to Write Readable Documents)

Presented by:

RONEY JONE P. GANDEZA

Room 10 2F BBCCC Building
Assumption Road, Baguio City
Law Professor, University of the Cordilleras
[email protected]

__________________________________
Name of Participant

__________________________________
Agency

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Introduction The revised version--written in plain language--is
easier to read, but it goes against what we learned in
Do you think that: school--we had to reach a certain word count and
• making your writing complicated will impress your had to use flowery constructions to fill the extra
readers? spaces.

• using complex vocabulary and convoluted Writing is like any other skill--you can improve, but
sentence structures will make you look smart? you’ll have to dedicate yourself to it. The easier path
is to settle for being an average writer. It won’t be
• two or three words are better than one? easy. But once you become a skilful writer, your
• using jargon is desirable? rewards will be great.
• or, do you just want to use lots of words to fill up Plain English
that word count?
Plain English refers to writing that is clearly
If you answered “yes” to any of these questions then understandable by almost anyone. It is
you might be making your writing overly complex communication your audience can understand the
and so confusing to the reader. first time they read it. It has the following advantages:
There is a growing move to simplify the language • It is faster to write.
used in official and business documents because • It is faster to read.
many of these have become so convoluted that the • It is easier to understand.
intended message is lost. This move is known as the
campaign for plain English. Example 1
Reality Check This letter will serve to notify you of our receipt of your letter
outlining the terms of our agreement.
Writing well isn’t easy. Most people don’t write well-
-even college graduates who think they do. Most Plain English
doctors, accountants, engineers, nurses, and We have received your letter outlining our agreement.
professors--even lawyers, aren’t accomplished
writers. Example 2

Because of what we learned in school, most of us We are expecting that a tender of the money to you will be
ended up as average writers: wordy, artificial, often made in the near future prior to the time when the court will be
ungrammatical, and largely unreadable. able to determine and adjudicate the issues.

Our current reality is complex language--too many Plain English

complex writings and documents that are difficult, if We expect to pay you soon, even before the court rules.
not impossible, to understand.
Example 3
Consider this sentence
I, Juan dela Cruz, do hereby authorize my lawyer, Atty.
In spite of the fact that a large proportion of our Roney Jone P. Gandeza, to accept and receive on my behalf the
members are at this point in time of the opinion that amount of Fifty Thousand Pesos (P/50,000.00) as settlement
the co-op needs to hire additional employees, there money due to me from X Insurance Co. arising from the
is a serious danger that funding for these jobs will be vehicular accident which occurred on May 1, 2016 along
eliminated altogether in the not too distant future. Session Road, Baguio City.
Revised Plain English
Although many members believe that the co-op I authorize Atty. Roney Jone P. Gandeza to receive on my
needs more employees, funding for these jobs may behalf P/50,000.00 from X Insurance Company. This is
soon be eliminated. settlement money from the vehicular accident on May 1, 2016
along Session Road, Baguio City.
In short

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Who Benefits From Plain English passive voice are obscure and often raise more
questions than provide answers.
Plain English is intended for all writers whoever their
readers are. Writers wishing to communicate with the Think of it this way. If you’re active, you do things;
general reader need to produce material which largely if you’re passive, things are done to you. Its the same
consists of simple words and is written in relatively with subjects of sentences. In the active voice, the
short sentences. subject does something.
Writers who wish to communicate in their fields have The Committee dismissed the complaint.
to use complex vocabulary and sometimes complex
sentences to fit the needs of their subjects. But In the passive voice, something is done to the
readers have long complained that the difficulty with subject.
professional journals is not so much the subject The complaint was dismissed by the Committee.
matter--technical vocabulary--as the way it is
presented--the grammar, style and the use of familiar Keep this fail-safe test in mind
or long non-technical words.
If you see a be-verb (such as is, are, was, or were)
The Reader followed by a past tense verb, you have a passive-
voice construction.
Whether writing is clear and effective depends on the
intended reader. In general, a message is clear and • is dismissed
effective when it is written using words that are • are docketed
familiar to the intended reader and uses sentences of • was vacated
a reasonable length that the intended reader is able to • were reversed
understand. • been filed
• being affirmed
Principles of Plain English • be sanctioned
• am rewarded
Principle 1
Prefer the Active Voice Over the Passive Friendly reminder

A sentence’s voice indicates whether its subject acts In a passive sentence, the subject is not the doer. If
or is acted upon. When the subject does something the doer is mentioned at all, it is often buried in a
or acts, the verb is in the active voice. When the phrase beginning with by.
subject receives the action or is acted upon, the verb
is in the passive voice. Active voice makes it clear The accused was arrested by the police.
who has acted and who is responsible for what The police arrested the accused.
action. Active voice is important so that readers can The report was written by Pedro.
easily tell who did what action. Pedro wrote the report.
Government writing has long overused the passive Three directors were elected by the members.
voice. One of the hallmarks of bureaucratese is the use The members elected three directors.
of the passive voice. The lion was killed by the hunter.
The hunter killed the lion.
An active voice sentence follows a natural sentence
structure: doer-verb-receiver of action. He was looked after by his grandmother.
His grandmother looked after him.
Abe kicked the ball.
Passive voice reverses natural sentence structure.
The ball was kicked by Abe.
Principle 2
With the passive voice, sentences are usually longer Use Pronouns
and responsibility is not as clear. Sentences in the

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Pronouns can place readers in the writing and help The Committee finds that X falsified his loan application.
them relate better to the information without being
needlessly wordy. But this
We find that X falsified his loan application.
In 1982, the Allen-Bradley Company (now part of
Rockwell Automation) reviewed and revised the Not this
manuals for its programmable computers to include
plainer language. It is recommended that the budget be approved.

Original: But this

It is suggested that the wire should be connected to the terminal We recommend that the buget be approved.
by the engineer when the switch-box assembly is completed. Test of naturalness
Simplified: Here’s a good test of naturalness.: if you wouldn’t say
We suggest that you connect the wire to the terminal when you it, then don’t write it. You should probably try
finish assembling the switch-box. reading your prose aloud to see whether you’d
actually say it the way you’ve written it.
Calls to the company's phone center fell from more
than 50 a day to only two a month.
Principle 3
Original: Omit Needless Words and Phrases
The student applicant should submit an official copy of his or The more words we need to read to understand a
her transcript by January 15. sentence, the harder it is to grasp its meaning. This is
especially true when the extra words supply no extra
Simplified: meaning. You can reduce redundancy or long-
Submit an official copy of your transcript by January 15. windedness in your writing by:
An important characteristic of a natural, spoken style  replacing a phrase with a word that means the
of writing is the use of first-person and second- same thing;
person pronouns–especially we and you–as opposed  deleting words that have little or no meaning;
to third-party references such as mortgagor or vendee.
Readers are much more engaged by a text that speaks  deleting words that are implied by other words in
to them directly. the sentence; or
First: Replace a Phrase with a Word
The use of you or your in addressing the readers
reinforces the message that the documents are Not this
intended specifically for them in a way
Lawyers write in legalese because, in all likelihood, they did
that he, she and they cannot. More than any other
not learn the principles of plain English in law school.
single technique, using you pulls readers into the
writing and makes it relevant to them. But this
Not this Lawyers write in legalese because they probably did not learn
the principles of plain English in law school.
If the employee feels that an interview with the immediate
supervisor would be unsatisfactory, he or his representatives Not this
may, in the first instance, present his grievance to the manager.
I write in connection with your proposal for the installation of
But this a software program in our co-op to track our delinquent
accounts.
If you feel that your supervisor will not handle your case fairly,
you may go directly to the manager.
But this
Not this

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I write about your proposal for the installation of a software advance planning planning
program in our co-op to track our delinquent accounts. close proximity close
consensus of opinion opinion
Not this each individual person each person
In the event that the debtor fails to pay the loan, the mortgage final outcome outcome
must be foreclosed immediately. free gift gift
future plans plans
But this general public public
If the debtor fails to pay the loan, the mortgage must be invited guests guests
foreclosed immediately. join together join
major breakthrough breakthrough
Second: Delete words that have no meaning. my personal opinion my opinion
on a daily basis daily
Not this past experience experience
Wherefore, premises considered, judgment is hereby rendered as revert back revert
follows: first and foremost first
if and when if
But this numerous in number numerous
one and only one (or only)
Wherefore, judgment is rendered as follows:
first and foremost first
Not this if and when if
numerous in number numerous
Wherefore, premises considered, judgment is hereby rendered as one and only one (or only)
follows:
“The Fact That”
But this
Wherefore, judgment is rendered as follows: Consider this sentence: The fact that the defendant was
young may have influenced the court.
Not this
What meaning does “the fact that” add? Why not say:
I, Abe Cruz, of legal age, married, Filipino citizen, after The defendant’s youth may have influenced the court.
having been duly sworn to in accordance with law, hereby depose
and state: the fact that she had died
her death
Not this he was aware of the fact that
I, Abe Cruz, of legal age, married, Filipino, under oath, state he knew that
as follows: considering the fact that
Third: Delete words that are implied by other because
words in the sentence. despite the fact that
although, even though
When we write, we should make every word tell. We
shouldn’t use a statement that is true by necessity or because of the fact that
by virtue of its logical form or say the same thing because
twice in different words. notwithstanding the fact that
although, even though
The following are phrases in which every word does
not tell. They are redundant, repetitive, wordy, and Other examples of word-wasting idioms that you can
superfluous. Eliminate such phrases to tighten your eliminate with no loss of meaning are:
writing.
during the time that
Rather than Write during, while
added bonus bonus for the period of

5|Page
for subsequent to
after
insofar as...is concerned
omit it and start with the subject with reference to
about, concerning
the question as to whether
whether, the question whether
this is a topic that Principle 4
this topic Use Familiar Words
until such time as Sometimes we use unnecessarily complex words and
until phrases because we believe that legal documents
Avoid Compound Constructions should be formal and not too friendly. Using familiar
words doesn't mean you are “dumbing down” your
Compound constructions use two, three, or four content or making it less professional. It simply helps
words to do the work of one or two words. They keep your learners engaged with your content by not
suck the vigor from your writing. increasing their mental load too much. You should
always look for ways to avoid unnecessarily complex
at this point in time words.
now, at this point, at this time
Bear this simple truth in mind: unless your reader
by means of understands, you have accomplished nothing.
by
by reason of You would not lose your readers if you have given
because of him shorter sentence and fewer complex words.
There are millions of words in the English language.
by virtue of Bit did you know that only 500 of them account for
by, under 75 percent of all that is said in print? There is no
for the purpose of better way to clear, crisp writing style that short
to sentences and short words. Look at this list culled
from newspapers and office memoranda:
for the reason that
because Not this
in accordance with The storm will inundate low-lying areas in Metro Manila,
by, under particularly the areas along the Marikina River.
inasmuch as But this
since
The storm will flood low-lying areas in Metro Manila,
in connection with particularly the areas along the Marikina River.
with, about, concerning
Not this
in favor of
for Dissidents were incarcerated in underground pits.
in order to But this
to
Dissidents were jailed in underground pits.
in relation to Instead of
about, concerning Subsequent to the passage of the Resolution, it is
in the event that incumbent upon you to advise your department to
if comply with it.
prior to
before

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Write Consider this
After the Resolution passes, you must tell your staff Going on leave is easy. The procedure requires an initial
to follow it. completion of Leave Form 1 followed, after this has been
processed by the HR Officer, by an approval that allows for
Instead of
Leave Form 2 to be completed after the affirmative response to
The board’s action will be detrimental to the co-op Leave Form 1 is received.
in the long run.
Revised
Write Going on leave is easy. Fill out Leave Form 1. Wait for its
The board’s action will be harmful (or damaging) to approval. Then use Leave Form 2.
the co-op in the long run. Another example
Rule of thumb I refer to the earlier notice served in respect of your account as
Use words that your readers are likely to understand. the arrears now amount to the sum shown above, you leave me
Base your choice of words on what will be clearer for with no alternative than to commence court action and details
your reader. of your account have been referred to our lawyer.
Revised
Principle 5 I refer to the earlier notice served regarding your account. As
Use Shorter Words the arrears now amount to the sum shown above, you leave me
Shorter words are easier to read than longer ones. no alternative but to begin court action. Details of your account
This is because it takes less time to move the eye over have been referred to our lawyer.
shorter words. Therefore, when the reader is Original
expected to read text without much effort, the writer
should prefer the shorter word to the longer one. It is important to note that you need to be very careful when
Text containing many long words is dense and modifying your source code.
reading such text is much harder than reading text
Simplified
that mainly contains shorter words.
Be careful when modifying your source code.
Example 1
We will endeavor to finish the report next week.
We will try to finish the report next week. Principle No. 7
Avoid Nominalizations
Example 2
Nominalizations are verbs used as nouns. They are
We need additional help. verbs converted to nouns that make one’s writing
We need more help. verbose. For instance, you can nominalize the verb
Example 3 imply by turning it into the noun implication.
Before going on leave, obtain the approval of your Faulty
leave application from the manager.
Before going on leave, get the approval of your leave application Abe will prepare a summary of the case.
from the manager. Concise
Abe will summarize the case.
Principle 6
Keep Your Sentences Short Faulty
With short sentences, the reader gets the whole thing Abe’s resignation caused a drop in the morale of the staff.
in one go. Easy to remember. Easy to understand.
More powerful communication. There is a natural Concise
pause after a sentence. This gives the reader space in Abe resignation demoralized the staff.
which to consider what is said.

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Faulty Reason for the rule
Abe gave a donation of a car to his friend. Sometimes you have to guess what a writer means
when they use negative sentences. You can
Concise understand positive statements more easily than
Abe donated a car to his friend. negative ones because they tell you what to do or
think, instead of telling you what not to do or think.
Other examples
Negative expressions are words with a negative
This is dependent on status. prefix. For instance, unclear, unhappy, and inadvisable.
This depends on status. Or they are clauses with a negative word, such
as no or not. Even words in positive form can express
An idea is produced by the exclusion of details.
a negative idea. For instance, hardly means not often, so
By excluding details, you produce an idea.
it meaning is negative.
Success is the result of hard work.
Success results from hard work. Positive expressions and ideas are much easier to
read because you need to make fewer steps to
There was a high incidence of recurrence. understand. To read a negative expression, you must
It recurred frequently. take two steps.
Scientists performed a test of the substance.  First you need to understand the positive.
Scientists tested the substance.  Then, mentally, you must negate it to produce the
We are instigating inquiries into the matter. negative.
We are inquiring into the matter. Having to take an extra mental step, you are more
They made a selection of the important books. likely to misunderstand. Even if this causes you only
They selected the important books. a moment hesitation, the flow of reading is broken.
For instance
Principle 8 The Chair said he would table an amendment opposing
Prefer the Positive to the Negative controversial proposals in the resolution, including
plans to scrap the requirement that a member must be
Avoid negative writing. Unless there is a specific below 70 years of age to be elected or appointed as
reason to caution the reader against something, it is officer of the co-op.
best to use positive language. Positive statements are
generally clearer and more concise. Not all negative Revised
words can be removed from writing but, by following The Chair said he would table an amendment
the guidelines below, writing can be more positive. opposing controversial proposals in the resolution.
But he supports the requirement that a member must
This rule does not mean that we should always use
positive words. It only means that we should think be below 70 years of age to be elected or appointed
as officer of the co-op.
carefully before using negative words.
Two meanings of NOT
Examples
The negative of some words means the opposite. For
The paperwork will not be ready until Monday. instance:
The paperwork will be ready Monday.
This isn’t correct.
This is wrong.
You did not complete the form.
But the negative of most words can mean
You will need to complete the form.
anything except the stated exception:
You are prohibited from entering.
You must have clearance to enter. She was not happy.
Stop sending letters to this address. She could be anything except happy. She could be
The correct address to send letters is... angry, sad, content, numb, etc. Only the writer or the
context can tell us what he really meant.

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 First
She was sad.
Does the ordinance apply only to people who work
Negative Words with Definite Meanings
in groups but not to individuals?
Words like never and nothing appear to be negative,
Second
but they have a definite meaning and are not vague.
Even if it does apply to individuals, doesn’t the
For instance:
phrasing imply that everyone gets a freebie (way
We never go there. out)? That is, only fireworks are forbidden, but if you
This clearly means we go there zero times. shoot off just one... (some would make it a big one).
Third
The police said there was nothing there.
She said "I have nothing to wear." What constitutes a violation? If you set off 30
fireworks in 30 minutes, how many times have you
In the first sentence above, the police violated the ordinance? Once or 30 times?
found nothing of interest to them. In the second
sentence, she probably has many things to wear, But if the ordinance says
but nothing she wants to wear. While nothing literally No person may set off a firework.
means zero things, its meaning is often clear enough
in other uses, as above. The phrasing avoids all the problems mentioned.
That’s the beauty of the singular. It’s true that you’ll
Negate the Negative to Make a Positive occasionally need the plural.
Example 1 For example
It is not easy to understand unclear writing. A dispute among employees may be resolved by the
It is easy to understand clear writing. Cooperative’s grievance committee.
Example 2
OR
The degree of misunderstanding in your writing is
The Cooperative agrees to destroy all archived documents
increased by your use of non-simple words.
stored in the stockroom.
The degree of understanding in your writing is increased by your
use of simple words. Rule of thumb
Readers understand your writing better when you use If you’re going to use a plural, however, double-
simple words. check it; make sure that it really is necessary.
Other examples
Principle 9 Plural
Prefer the Singular Over the Plural
Employees who have served the co-op for more than
You’ll find an age-old provision in laws and 25 years are qualified for promotions.
contracts:
Singular
The singular includes the plural; the plural includes the An employee who has served the co-op for more
singular. than 25 years is qualified for promotion.
Only the second part of the formulation has ever
really mattered. Plural
For example, if an ordinance says: The Human Resource Officer is responsible for
People may not set off fireworks within city limits. issuing all the clearances listed in this section.
The plural words people and fireworks create several Singular
problems. The Human Resource Officer is responsible for
issuing any clearance listed in this section.

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Plural With so many meanings of shall in legal documents,
what to do? The cure is to abstain from using shall.
If parties in disciplinary cases have not satisfied the
Don't use the word at all. Remove all ambiguity and
requisites for appeals, their appeals will be dismissed.
improve the language and tone of documents with
Singular this test:
If an appealing party in a disciplinary case has not
For every "shall" replace it with "must" (to
satisfied the requisites for an appeal, that party’s
impose an obligation or in creating a right), use
appeal will be dismissed.
“may” (to state a discretion to act), or use “will”
(to refer to a future action).
Principle 10
Delete Every Shall Example

Shall isn’t plain English. Chances are it’s not a part of The Board of Directors shall vote on the motion.
your everyday vocabulary, except in light-hearted If this creates an obligation
questions that begin, “Shall we...?”
The Board of Directors must vote on the motion.
Overuse and misuse has given shall a bad name. It has
If this creates a future action
been so abused for so long that its use is now an
addiction. Let's look at some examples in our The Board of Directors will vote on the motion.
policies. If this creates a discretion to act
In definition sections The Board of Directors may vote on the motion.
A leave of absence shall mean . . . . Better yet, use the present tense
In holiday clauses A regulation of continuing effect speaks as of the
The co-op shall not be obliged to make payment if time you apply it, not as of the time you draft it or
an employee. . . . when it becomes effective. You should draft
regulations in the present tense. By drafting in the
In the confidentiality of records section present tense, you avoid complicated and awkward
An employee's personnel record shall remain verb forms.
confidential unless . . . . Don't say
To give rights The fine for smoking shall be P/1,000.00.
The board of directors shall have the right to Say
formulate policy on . . . . The fine for smoking is P/1,000.00.
An employee shall have the right to . . . . Other examples
To give authority on something A leave of absence shall mean ....
The Election Committee shall have jurisdiction to A leave of absence means ....
resolve election-related disputes.... The co-op shall not be obliged. .…
To impose an obligation The co-op is not obliged .…
The co-op shall give notice .... An employee's personnel record shall remain
The co-op shall pay .... confidential unless ....
To state a future obligation An employee's personnel record remains confidential
unless .... OR
The handbook shall be printed and the cost shall be An employee's personnel record must remain
charged to .... confidential unless ....
The word shall has spread like a disease. Its improper The board of directors shall have the right to
use has so penetrated legal documents as to make formulate a policy on ....
them unreliable. The board of directors may a formulate policy on ....

10 | P a g e
An employee shall have the right to . . . . Principle 12
An employee has the right to . . . . Don’t Use Provisos
The Election Committee shall have jurisdiction to Provided that, providing, and provided however pop up in
resolve election-related disputes. . . . so many documents that they must be really precise
The Election Committee has jurisdiction to resolve legal words having well understood meanings. Right?
election-related disputes. . . .
Wrong. They are sloppy, antiquated, imprecise and
Rule of thumb sometimes ambiguous words. The origins of provided
If you take the trouble to think about alternatives to that go back to the 13th century when the words
shall you will find your documents become sharper provided that meant it is provided that this is our
because you have to think about the specific meaning agreement or it is provided that this is the law.
shall is intended to convey. Nowadays, the words are used variously to mean
 an exception
Principle 11  a condition, or
Avoid Triplets and Doublets  just another provision of the document.

The idea isn’t to say something in as many ways as In addition to making a sentence unreasonably long,
you can but to say it once as well as you can. To avoid a proviso can be problematic because the phrase
needless repetition, apply this rule: "provided that" can mean at least three different
things as mentioned above.
If one word swallows the meaning of the other
words, use that word alone. If two words are simply First: It can mean except
synonyms (convey and transport), choose the one that Don’t write
fits best in your context.
An emergency loan program is available to a regular
Doublet/Triplet employee, provided that the employee has not been
Contractor will perform the work in this agreement punished in the last six months.
in compliance with all applicable laws, rules, statutes, Write
ordinances, and codes.
An emergency loan program is available to a regular
Simplified employee, except an employee who has been
Contractor will perform the work in this agreement punished in the last six months.
in compliance with all applicable laws. Second: It can mean if.
Common doublets and triplets Don’t write
authorize and direct authorize Provided that the Employee meets the qualifications,
over and above over or above the Employee may participate in employee benefit
canceled and set aside canceled programs established by Employer.
power and authority power
do and perform perform Write
full force and effect full force If the Employee meets the qualifications, the
due and owing owing Employee may participate in employee benefit
true and correct correct programs established by Employer.
due and demandable due
Third: It can mean also.
if and when if
full and complete complete Don’t write
have and hold have Employer will pay Employee on the 1st and 15th of
name, constitute, appoint name/ appoint each month, provided that Employee is a full-time
by and between by employee; and provided further that Employee signs
her time sheet and delivers it to payroll by the 25th
and 10th of each month.

11 | P a g e
Write But these rationales don’t extend very far. There’s no
good reason why modern documents should contain
Employer will pay Employee on the 1st and 15th of
word-numeral doublets.
each month if the Employee is a full-time employee;
and the Employee also signs her time sheet and Rule on use of word-numeral
delivers it to payroll by the 25th and 10th of each
To maximize readability, spell out the numbers one
month. to ten. For 11 and above, use numerals. Compare
Ambiguity in provisos just how many characters you save by writing 73 as
opposed to seventy-three.
Here is an example of two different uses of a proviso
in one clause: Exceptions
A married female employee shall, upon her written request First:
providing at least two weeks advance notice, be granted
If a passage contains some numbers below 11 and
maternity leave, providing, however, that if her ability to carry
some above -- and the things being counted all
out her normal work assignments becomes limited . . . .
belong to the same category or type -- use numerals
The first providing is used as a condition on the consistently.
employee obtaining maternity leave. The providing
Example
however looks like it is an exception. In fact it is quite
a separate matter because it permits the employer, Although we ordered 25 computers, we received only
unilaterally, to place the employee on maternity leave 2.
in certain circumstances – it has nothing to do with But
the employee’s right to maternity leave. The first
three lines could be rewritten as: We received our 25 computers over a seven- week
period.
... the Employer must grant a pregnant employee maternity
leave if she gives the Employer at least 2 weeks written notice Second:
... For peso amounts in millions and billions, use a
Here is another provided that example combination of numerals plus words for round
numbers (P/3 million) and numerals for other
Provided that the efficiency of . . . shall not in any way be numbers (P/3,050,128.00).
disrupted . . . time off work without pay may be granted . . .
for the following purposes . . . Third:
This Provided that is used as a condition. It can be For percentage, use numerals with a percent sign:
replaced with "If". 12%, 9%.
If a document does not make clear which meaning a Fourth:
provided that, provided however, or providing has, a dispute Spell out a number that begins a sentence.
can lead to litigation. So don’t use it.
Example
Principle 13 Seventy-three passengers died in the accident.
Use Numerals, Not Words,
To Denote Amounts. Avoid Principle 14
Word-Numeral Doublets Never Use “And/Or”
The practice of word numeral doublets proliferated A former Justice of the Supreme Court of Canada
in the days of carbon copies. When you have five or once said this about "and/or."
six carbons, the typewriter’s impressions for digits
often weren’t legible on the last couple copies. "And/or" seems to be used by writers whose main concern is
Hence, the doubling helped ensure that all the to appear erudite. In my opinion, quite the opposite impression
carbons were legible. is created. Use of this conjunction which is not a conjunction is
repugnant to the spirit of the language, English or French.”

12 | P a g e
Not only is the expression repugnant--it is this subparagraph? Unconsciously, we may reach all
ambiguous. It has caused litigation. The words "and" those conclusions and more.
and "or" have quite different meanings. You might
Rule of thumb
think that "and/or" means A or B, or both. But
several courts in the United States say "and/or" Use ordinary English words: in this agreement may be
means the court can choose either "and" or "or", two extra words, but it’s more precise.
whichever the justice of the situation requires. Instead of:
What would you make of this clause: The parties herein...
Sick leave means the period of time a permanent employee is Write:
absent from work with full pay because of sickness and/or
injury. The parties in this agreement....
Is the "and" in this clause necessary at all? But if every Hereafter
word used in a document is to be given a meaning, from now on; to some time in the future
what meaning does and have?
The contract is effective hereafter.
The weight of authority is against the use of
“and/or” primarily for two reasons: The contract is effective from now on. OR
The contract is effective May 1 next year.
 its use can result in uncertainty; and
 it is not a real word. Hereby
The better rule is never use “and/or” altogether. It by this means; as a result of this
can often be replaced by and or or with no loss in The parties hereby declare…
meaning. Where it seems needed, try or . . . or both. The parties declare by this contract…
Bad Herein
Take a sleeping pill and/or a warm drink. in this document or matter
Better The terms referred to herein relate to…
Take a sleeping pill or a warm drink, or both. The terms referred to in this document relate to....
Hereinafter
Principle 15 later referred to in this matter or document
Banish the Here-, There-
....hereinafter referred to as the Company
and Where- Words
.....later referred to as the Company
Words like hereof, thereof and whereof are not used often
Hereinabove
in ordinary English. Yet they appear frequently in
legal documents. They are generally used to avoid previously in this document or matter
repetition of names of things in the document. The products hereinabove described...
Instead of The products previously described...
The parties hereto have agreed as follows.... Hereof
Write of this matter or document
The parties to this contract agree as follows.....
The parties hereof...
Old-style drafters say they stick to their ways of using
here and there words for reasons of precision. They like
The parties in this agreement...
the here and there words apparently unaware of the Heretofore
ambiguities they’re creating.
before now
The problem with the here and there words is that we
The parties have had no business dealings
do not know what they mean. In this agreement? In
heretofore...
this section? In this subsection? In this paragraph? In

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The parties have had no business dealings before now... Reference is made in par. 5 of the contract dated 1
May 1999. The parties thereof agreed….
Hereunder
Reference is made in par. 5 of the contract dated 1 May 1999.
later referred to in this matter or document The parties in the contract agreed....
The exemptions referred to hereunder.... Thereon
The exemptions later referred to...
on or following from the thing just mentioned
Herewith
The machine rests on a wooden block. There is a
with this letter place thereon a metal bracket…
I enclose herewith the plan.... The machine rests on a wooden block. There is a place on a
I enclose with this letter the plan.... metal bracket…

Thereof Thereto
of the thing just mentioned to that place or to that matter or document

The parties thereof…. The parties thereto...

The parties to the contract… The parties to the contract....
Thereafter Therefor [not to be confused with ‘therefore’]
after that time for that
The goods shall be transported to Cebu. Thereafter, The equipment shall be delivered on 13 May 2003. The
they shall be stored in a warehouse. Company agrees to pay therefor the sum of P/150,000.
The goods shall be transported to Cebu. After that time, they The equipment shall be delivered on 13 May 2003. The Company
agrees to pay for that P/150,000.
shall be stored in a warehouse.
Thereat Thereupon
immediately or shortly after that
at that place; on account of or after that
Delivery shall take place on 13 May 2003. Thereupon the
Thereat, payments shall cease. equipment shall be stored in the Company’s warehouse.
After that, payments shall cease. Delivery will take place on 13 May 2003. Shortly after that, the
Thereby equipment must be stored in the Company’s warehouse.

by that means; as a result of that Whereabouts

The parties thereby agree.... the place where someone or something is
As a result, the parties agree.... The Company shall be kept informed as to the
Therein whereabouts of the products.
The Company shall be kept informed as to the place where the
in that place, document or respect products are.
The parties shall refer to the contract dated 1 May Whereat
1999. It is agreed therein that.…
The parties must refer to the contract dated 1 May 1999. It is at which
agreed in the contract that.… The seller attempted to charge extra interest on late
payment, whereat the buyer objected.
Thereinafter The seller attempted to charge extra interest on late payment,
at which the buyer objected.
later referred to in that matter or document
Whereby
...thereinafter, it is agreed that…
...later referred to in the agreement, the parties agreed that… by which
Thereof The contract dated 1 May 1999, whereby the
Company agreed to purchase the products.
of the thing just mentioned

14 | P a g e
The contract dated 1 May 19999, by which the Company Once the defendant receives the notice, the defendant must
agreed to purchase the products. acknowledge it.
Wherefore On the word SUCH
as a result of which “Such” is inherently ambiguous. To the educated
non-lawyer, it means “of that kind.” To the lawyer, it
The buyer breached the contract, wherefore the seller
means “the very one just mentioned.” “Such” can
suffered damage.
The buyer breached the contract, as a result of which the seller oftentimes be replaced by “the.”
suffered damage. For example
Wherein If the court issues such order.....
If the court issues the order.....
in which; in which place or respect
Once the defendant receives such the notice, the
The contract dated 1 May 1999, wherein it is stated
defendant must acknowledge it.
that…
Once the defendant receives the notice, the defendant must
The contract dated 1 May 1999, in which it is stated that…
acknowledge it.
Whereupon On the word SAID
immediately after which “Said” is a crutch word that lends awkwardness, not
The sum of P/150,000 shall be paid by the buyer to precision.
the seller on 13 May 2003, whereupon the buyer’s There is no need to say
liability to the seller shall be discharged.
The sum of P/150,000 shall be paid by the buyer to the seller ...to the Chairperson of said Cooperative....
on 13 May 2003, after which the buyer’s liability to the seller Just say
shall be discharged.
...to the Chairperson of the Cooperative.....
Principle 16 Don’t say
Kill the Words Sme, Said, and Such
The said witness saw the said defendant run the light.
On the word SAME
Simply say
Many lawyers use “same” as a pronoun because they
think they are being precise. Use “IT” instead of The witness saw the defendant run the light.
“SAME” (“IT” is not less precise).
For example
Once the defendant receives such notice, the
defendant shall acknowledge the same.

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APPENDICES

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APPENDIX A TRADITIONAL LEGALESE CONTRACT

AGREEMENT FOR BUILDING A HOUSE

KNOW ALL MEN BY THESE PRESENTS:

This AGREEMENT, made and entered into this 2nd day of May, 2014, between:

ABE CRUZ, of legal age, married, Filipino citizen, and a resident Barangay Imelda, Naguilian, La Union,
hereinafter referred to as the OWNER

-and-

REY MENDEZ, of legal age, married, Filipino citizen, and a resident of Rainbow Hills Subdivision, Fairview,
Baguio City, hereinafter referred to as the BUILDER

WITNESSETH:

That the BUILDER, for valuable consideration hereinafter mentioned, do agree with the OWNER that the
said BUILDER will erect, build, and finish, in a good, sound, substantial, and workmanlike manner, and within
a period of three calendar months following the date hereof, a concrete house on a certain piece or parcel of
land situated in 41 Matipuno St., Hillside, Baguio City, according to the plans and specifications prepared by
Engr. Armand Gapuz hereunto annexed and made as an integral part hereof.

That the OWNER do agree to pay or cause to be paid unto the said BUILDER the sum of Six Million Pesos
(P/6,000,000), in the following manner, to wit; Two Million Pesos (P/2,000,000) as soon as the foundation of
the said house shall be laid; Three Million Pesos (P/3,000,000) when the concrete work of the said house shall
be carried up and covered in, and One Million Pesos (P/1,000,000), being the remainder thereof, in full payment
of and for building the said house, when the same shall be completed inside and out fit for occupation, subject
to the acceptance of Engr. Armand Gapuz.

That the BUILDER and OWNER do further to agree to perform for each other, with all convenient speed,
this building agreement, in penalty of Fifty Thousand Pesos (P/50,000) for each individual week or a portion
thereof, of the true performance of the erecting, building and finishing, in a good, sound, substantial, and
workmanlike manner the aforesaid house, or failure to pay, or failure to pay part thereof, for building the said
house.

IN WITNESS WHEREOF, the parties hereto have hereunto affixed their signatures this 2ND day of May 2014
in Baguio City, Philippines.

ABE CRUZ
Owner

REY MENDEZ
Builder

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APPENDIX B PLAIN ENGLISH STYLE CONTRACT

CONTRACT FOR BUILDING A HOUSE

DATE
May 2, 2014
PARTIES
Owner: ABE CRUZ
Builder: REY MENDEZ
TERMS AND CONDITIONS

1. Rey Mendez agrees to build a house for Abe Cruz by August 2, 1994.
2. The house will be built to the specifications of the attached plan.
3. Abe Cruz agrees to pay Rey Mendez P/6 million for building the house in three installments:
P/2 million when the foundations have been laid.
P/3 million when the brick work is completed and the house is covered in.
P/1 million when the house is completed to a standard which is acceptable to Armand Gapuz.
4. If Abe Cruz does not pay any instalment within one week from the day it is due, a penalty will be
incurred. The penalty is incurred every week an instalment remains unpaid. The penalty is P/50,000
per week of unpaid instalment.
5. If Rey Mendez does not complete the house within one week from August 2, 2014, a penalty will
be incurred. The penalty is incurred every week the house is not completed. The penalty is also
P/50,000 per week.

Signed on May 2, 2014.

ABE CRUZ
Owner

REY MENDEZ
Builder

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APPENDIX C PROMISSORY NOTE IN PLAIN ENGLISH

PROMISSORY NOTE
PARTIES
This Promissory Note, dated January 5, 2014, is between Jose Ligot (borrower) and XYZ Multi-Purpose
Cooperative (lender).
In this note, the words I, Me, Mine and My refer to the borrower. The words You, Your, and Yours refer to
the lender.
LOAN AMOUNT
To repay my loan, I promise to pay you Php120,000.00. I’ll pay this sum in 12 uninterrupted monthly
installments of Php10,000.00 each. Payments will be due on the 15th of each month, starting from the date the
loan is made.

Here’s the breakdown of the finance charges on my loan:

a. Retention fee (capital build up) : 2% of the loan

b. Service fee : 2% of the loan
c. Mutual Aid Fund : Php100
d. Interest : 1.5% per month
If I delay more than 10 days in paying an installment, I promise to pay a late charge (penalty) of 5% of the
overdue installment.
LOAN SECURITY
To protect you if I default on this note, I give to you by way of chattel mortgage my motor vehicle described
as follows:
a. Make : Toyota
b. Type : Altis
c. Mode : 2012
d. Engine Number : AO-XY-12345689101223
e. Chassis Number : RA-12-0XY887890
f. Plate Number : AEU 649
DEFAULT
I’ll be in default if I don’t pay an installment on time. If this happens, you can then demand immediate payment
of the balance of this note. You will also have other legal rights, for instance, the right to repossess, sell, and
apply the motor vehicle mortgaged to you to the payments under this note.
IRREGULAR PAYMENTS
You can accept late payments or partial payments without losing any of your rights under this note.
DELAY IN ENFORCEMENT
You can delay enforcing any of your rights under this note without losing them.
COLLECTION COSTS

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If I’m in default under this note and you demand full payment, I agree to pay you interest on the
unpaid balance at the rate of 1% per month. If you have to sue me, I also agree to pay your attorney’s
fees equal to 15% of the amount due, and court costs. But if I defend and the court decides I am right,
I understand that you will pay my reasonable attorney’s fees and the court costs.
CO-MAKERS

If I’m signing this note as a co-maker, I agree to be equally responsible with the borrower. You don’t
have to notify me that this note hasn’t been paid. You can change the terms of payment and release
any security without notifying or releasing me from responsibility on this note.
INFORMATION SHARING
I authorize BBCCC to submit and disclose my basic credit data to the Credit Information Corporation (CIC).
I acknowledge that if BBCCC submits my basic credit data to CIC, the CIC may share the credit data with other
lenders authorized by the CIC and with credit reporting agencies duly accredited by the CIC.

Name of Borrower

Signed: ___________________

COPY RECEIVED

I, the borrower, acknowledge that I received a copy of this note.

Signatures Addresses

Borrower:
Co-maker:
Co-maker:
Co-maker:
_____________________________________________________________________________

NOTICE: If something should happen and you can’t pay on time, please call 074-4427771 and look
for Jose A. Ramos, our Loan Officer, or look for George D. Pascua, our General Manager.

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APPENDIX D DACION EN PAGO IN PLAIN ENGLISH

DEED OF ASSIGNMENT OF REAL

ESTATE IN PAYMENT OF DEBT

This Deed of Assignment of Real Estate in Payment of Debt is between Jose Ligot (Assignor) and XYZ Multi-Purpose
Cooperative (Assignee). In this deed, the words I, Me, Mine and My refer to the assignor. The words You, Your, and
Yours refer to the assignee.

LOAN OBLIGATION

I earlier signed a promissory note acknowledging my loan from you in the sum of Php1.2 million. In the same promissory
note, I promised to pay my loan in 36 uninterrupted monthly installments starting on February 15, 2014.

TERMS AND CONDITIONS

a. In full payment of my loan, I assign to you my three-hectare farmland in Casilagan, Bayombong, Nueva Vizcaya
described as follows:

(technical description of property)

The property is registered in my name under Transfer Certificate of Title No. T-12345 of the Land Registry of
Nueva Vizcaya.

b. As assignee, you accept this assignment in full payment of my loan. I therefore authorize the Register of Deeds of
Nueva Vizcaya to transfer the title of my above-described property in your name as its new owner.

c. All taxes and charges, including capital gains tax, documentary stamp tax, registration fees, and transfer taxes related
to this assignment are for my account as assignor.

You and I have signed this agreement this 5th day of January, 2014 in Bayombong, Nueva Vizcaya.

JOSE LIGOT
Borrower

XYZ MULTI-PURPOSE COOPERATIVE

Lender

Represented by:

GEORGE E. RAMOS
Manager

Witnesses: ____________________________ ____________________________

(Acknowledgment omitted)

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APPENDIX E FRIENDLY COLLECTION LETTER IN PLAIN ENGLISH

NAME OF CO-OP
Address
City, ZIP Code

May 5, 2017

MR. JAIME RIMANDO

23 Calderon Street, Quezon Hill
Baguio City

Dear Mr. Rimando:

Just a reminder that we haven’t received your monthly loan amortization of Php5,350.00 for April.
Please pay it until the 15th to avoid additional charges which will be added to your account balance
after its due date. Please give me a call at 0908-1234-567 to discuss this matter. I know that you can
work this out.

Truly yours,

JOSE ANDAYA
Loans Officer

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APPENDIX F INFORMAL COLLECTION LETTER

NAME OF CO-OP
Address
City, ZIP Code

October 25, 2017

MR. ISAURO BELARMINO

21 Custodio Street, Fairview
Baguio City

Dear Mr. Belarmino:

Your loan is now past due. Please give me a call to see if we can work out a payment plan on your
loan balance to avoid a collection case. We don’t want to go that far, and am sure that you, too, don’t
want us to do that.

Perhaps if we talk, we can arrange an alternate payment schedule. Please call by Friday so we can get
this settled. I’m confident that we can work this out.

Truly yours,

ARNEL DIMAGIBA
Manager

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APPENDIX G FINAL NOTICE BEFORE LEGAL PROCEEDINGS

NAME OF CO-OP
Address
Province/City, ZIP Code

May 5, 2017

JOSE MARI L. RILLORTA

123 City Camp Alley
Baguio City 2700

Dear Mr. Rillorta:

We have repeatedly requested payment of your long overdue loan in the amount of Php150,000.00.

Unless we receive payment in full the above amount within seven days from the date you receive this
letter, we will have no alternative but to refer your account to our lawyer for collection. This will result
in you being liable for higher costs.

Very truly yours,

RAMON E. BARCELONA
Manager

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APPENDIX H “BEFORE” VERSION OF A RESOLUTION

NAME OF CO-OP
Address
Province/City, ZIP Code

A RESOLUTION
APPROVING THE PURCHASE OF
PREFERRED SHARES OF STOCKS FROM
DYNAMICS, RESEARCH, INC.

Resolution No. 2015-16, s. 2016

Whereas, on March 18, 2015, the Board of Directors approved a resolution directing the Ad Hoc
Committee on Investments “to look for business opportunities that would allow the co-op to earn
an income from its savings;”
Whereas, on October 5, 2015, the Chair of the Investments Committee entered into a letter of intent
with Dynamic Research, Inc., a company developing global-positioning-satellite technologies, to
purchase preferred stock representing a 20% ownership interest in Dynamic; and
Whereas, the Board of Directors has investigated Dynamic’s operations, technologies and corporate
governance and has not uncovered any information to indicate that the co-op should not
consummate this transaction;
NOW, THEREFORE, it is resolved, that the co-op’s execution of the letter of intent be, and it hereby
is, ratified;
RESOLVED FURTHER, that the Chair of the Investments Committee be, and hereby is, authorized
and directed to enter into and to perform the co-op’s obligations under the Preferred Stock Purchase
Agreement between the co-op and Dynamic substantially in the form attached hereto as Appendix A;
and
RESOLVED FURTHERMORE, that the Chair of the Committee be, and hereby is, authorized to
execute and deliver on behalf of the co-op all such documents, certificates, or instruments, to perform
on behalf of the Cooperative all such further actions, and to direct the Chair of the Committee to
request Metro Bank, Baguio Branch, to issue a manager’s check or any instrument equivalent thereto
for the payment of the price of the preferred stocks herein mentioned.

APPROVED this 17th day of January, 2015.

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APPENDIX I “AFTER” VERSION OF A RESOLUTION

NAME OF CO-OP
Address
Province/City, ZIP Code

A RESOLUTION APPROVING THE PURCHASE

OF PREFERRED SHARES OF STOCKS FROM
DYNAMICS, RESEARCH, INC.

Resolution No. 2015-16, s. 2016

On March 18, 2015, the Board of Directors approved a resolution directing the Ad Hoc
Committee on Investments “to look for business opportunities that would allow the Cooperative to
earn an income from its savings.”

On October 5, 2015, the Chair of the Investments Committee entered into a letter of intent
with Dynamic Research, Inc., a company developing global-positioning-satellite technologies, to
purchase preferred stock representing a 35% ownership interest in Dynamic.
The Board of Directors has investigated Dynamic’s operations, technologies and corporate
governance and has not uncovered any information to indicate that the co-op should not consummate
the transaction.
The Board of Directors therefore:

1. ratifies the Letter of Intent signed by the Chair of the Ad Committee on Investments;
2. directs the Chair of the Investments Committee to sign and enter into and perform the co-op’s
obligations under the Preferred Stock Purchase Agreement between the co-op and Dynamic; and
3. directs the Chair of the Investments Committee to request Metro Bank, Baguio Branch, to issue
a manager’s check or any equivalent instrument for the payment to Dynamic of the preferred
stocks.

APPROVED this 17th day of January, 2015.

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APPENDIX J PLAIN ENGLISH RESOLUTION 1

NAME OF CO-OP
Address
Province/City, ZIP Code

A RESOLUTION
AUTHORIZING THE OPENING OF A SAVINGS
ACCOUNT WITH BANCO DE ORO, SOLANO BRANCH

Resolution No. 12-018, Series of 2018

On motion duly seconded, the Board of Directors:

1. designates Banco de Oro, Solano Branch, as the official co-op depository bank in which co-op
funds are to be deposited and there kept in the name of the co-op; and

2. directs that all withdrawals, checks, or drafts drawn against the Banco De Oro account must
bear the signature of Ramon S. Verceles, Chair of the Board of Directors, and the signature of either
of the following:
Maria Conchita de Castro : Treasurer
Jose L. Zapata : Manager

Solano, Nueva Vizcaya, January 5, 2018.

Certified correct:

CRISTINA D. AMANSEC

Noted by:

RAMON S. VERCELES

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APPENDIX K PLAIN ENGLISH RESOLUTION 2

NAME OF CO-OP
Address
Province/City, ZIP Code

A RESOLUTION AUTHORIZING THE

TREASURER TO BORROW MONEY

Resolution No. 13-018, Series of 2018

On motion duly seconded, the Board of Directors directs the Treasurer, Bea Gazmen to:

1. borrow up to Php5 million from the Land Bank of the Philippines, Santiago City Branch;
2. secure the loan by mortgaging the co-op’s five-hectare property in Bagabag, Nueva Vizcaya,
under TCT No. T-12345;
3. immediately deposit the proceeds of the loan to the co-op’s account with Banco de Oro, Solano
Branch for the board’s proper disposition; and
4. report to the Board of Directors within 15 days from the approval of the loan application.

Solano, Nueva Vizcaya, January 5, 2018.

Certified correct:

CRISTINA D. AMANSEC

Noted by:

RAMON S. VERCELES

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APPENDIX L PLAIN ENGLISH RESOLUTION 3

NAME OF CO-OP
Address
Province/City, ZIP Code

A RESOLUTION AUTHORIZING THE GENERAL

MANAGER TO PURCHASE PROPERTY

Resolution No. 14-018, Series of 2018

On motion duly seconded, the Board of Directors authorizes the General Manager, Antonio R.
de Lara, to purchase, in the name of the co-op, any property which the co-op is authorized to acquire
under the law at a price not exceeding Php1 million and on terms and conditions as he deems fit.

Solano, Nueva Vizcaya, January 5, 2018.

Certified correct:

CRISTINA D. AMANSEC

Noted by:

RAMON S. VERCELES

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