Resolution dated 15 February 2022 in A.M. No. 21-11-25-SC (Re: Proposed Rules on the Use of Gender-Fair Language in the Judiciary and Gender-Fair Courtroom Etiquette)

September 21, 2022

OCA CIRCULAR NO. 55A-2022

 

Pursuant to the Resolution dated 15 February 2022 in A.M. No. 21-11-25-SC(Re: Proposed Rules on the Use of Gender-Fair Language in the Judiciary and Gender-Fair Courtroom Etiquette), the Court En Banc resolved to APPROVE the "Guidelines on the Use of Gender-Fair Language in the Judiciary and Gender-Fair Courtroom Etiquette."

Preliminarily, the Guidelines recognize the importance of transforming language from traditional usage to a more liberating one that is gender-sensitive. It underscores that sexist language devalues members of one sex, almost invariably women, and thus fosters gender inequality. Considering that our courts are courts of evidence, and its power to take judicial notice of matters is limited, these Guidelines provide that courts cannot and should not perpetuate gender stereotypes, which rest on unfounded generalizations regarding the characteristics and roles of binary and non-binary genders, but indisputably influence the perspectives of judges and litigants alike.

The salient features of the guidelines are summarized as follows:

I. Use of Gender-Fair Language

1. 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);

2. Eliminate language that trivializes or diminishes the stature of persons of another gender and/or people with diverse SOGIESC;

3. Eliminate language which disparages and marginalizes persons of another gender and/or persons of diverse SOGIESC;

4. Eliminate language that fosters unequal gender relations; and

5. Eliminate sexist language in quoted material.

II. List of Gender-Fair Terms

This provides for the use of gender-fair/gender-neutral terms such as human being/human, spokesperson, and diplomats/political leaders, instead of using outdated terms like man, spokesman/spokeswoman, and statesmen.

III. Use of Gender-Fair Courtroom Etiquette

1. Address all lawyers neutrally as "counsel" or "attorney";

2. Address all non-lawyer litigants, witnesses, and other court users as "Mister," "Mrs.," or "Miss," "Sir," or "Ma'am" as appropriate;

3. When addressing minors, refrain from using words like "little boy," "little girl," "hijo/ijo," or "hija/ija." Instead, use their first names or nicknames, if known, to put them at ease and to avoid the diminutive references;

4. Refrain from any act or proceeding that will demean, embarrass, humiliate, or degrade any party by reason of gender;

5. Refrain from perpetuating gender stereotypes;

6. Avoid comment on or insinuations related to physical appearance that may draw unwanted attention to one's gender; and

7. Justices, judges, court personnel, and litigants are all responsible in observing gender-fair language and etiquette in the courts. Gender insensitive acts or omissions committed in one's presence should be courteously but discreetly corrected in the most respectful manner.

Examples of the above-stated basic features and etiquettes are provided for in the full text of the guidelines, appended hereto as Annex "A" for ready reference.

This Circular amends OCA Circular No. 55-2022 dated 15 March 2022.

For the guidance and strict compliance of all concerned.

(SGD.) RAUL B. VILLANUEVACourt Administrator

ANNEX A

A.M. No. 21-11-25-SC