UNIVERSITY OF THE CORDILLERAS

COLLEGE OF LAW
Legal writing
1-A
(by Atty. Humilde)
PUNCTUATION
The writer who neglects punctuation, or mispunctuates, is liable to be misunderstood.
- Edgar Allan Poe
I.

CONCEPT

Punctuations are visual aids to help the reader better understand a written material. They guide the reader to the writers intent and meaning. In
oral communication, gestures, word stress, and intonation serve as punctuations to help the listener better understand what the speaker is saying.
As in gestures, one must not punctuate beyond what is necessary. Good punctuation does not call attention to itself.
II.

RULES

A.

PERIOD The period is the most common punctuation mark. It is one of the three terminal punctuation marks (i.e. generally used to end a
sentence), together with the question and exclamation marks.
1.

A period is used after a statement, command, or request.

You are forbidden to spit in public.

2.

A period, not a question mark, is used in an indirect question.

The judged asked if I have other witnesses.

3.

Period is used after initials and most abbreviations. However, periods are not required in the abbreviations of well-known organizations.
p.m., C.O.D., Capt., J.B.L. Reust
UN, YMCA, SC, SCRA

4.

If an abbreviation with a period comes at the end of the sentence, only one period is used.

5.

If a request or command is courteously phrased as a question, a period, and not a question mark, must be used. This rule is particularly
true if no reply is expected.
Would you be so kind as to convey my greeting to your sister.
Will you please tell your client to stop calling me at night.

B.

EXCLAMATION POINT Exclamation marks are almost never used in formal legal writing. As these marks suggest intense emotions, a
formal legal writer is cautioned against using them. Otherwise, the material will appear highly subjective without being persuasive.

C.

QUESTION MARK Question marks are among the three terminal punctuation marks. There are instances, however, when they appear in
the middle of a statement such as to express uncertainty.
1.

Direct questions end with the question mark.

Is there justice here? (direct question = question mark)
The defendant asked if we paid the mediation fees. (indirect question = period)

2.

Sentences in declaratory form but which have interrogatory meaning end with a question mark (reason: it is the sense, not the form that
counts)
You submitted your Memorandum yesterday?
Note: In like manner, sentences in question form but which are courteously phrased requests do not end with question marks but with
periods.

3.

Interrogatory tags after a declaratory sentence end with question marks.

You are lying, arent you?

4.

Multiple interrogatory endings in a single sentence are each followed by a question mark. The beginning letter following a multiple
ending is not capitalized.
Whose duty is it that lower court records are transmitted to the Court of Appeals on time? the lower court judge? his court
staff? or the appellant?

D.

COMMA Generally, there are two uses of the comma: the single comma is used to separate while the double commas are used to set off
clauses that interrupt the normal order of the statement. For most, the comma is the most troublesome punctuation mark. Its overuse or
underuse has caused more mischief in law than the other punctuation marks combined. Proper use of the comma is thus important to help the
reader get through the material the way it was intended and avoid misreading the sentences.

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SINGLE COMMAS
1.

Independent clauses
When independent clauses (i.e. contains a subject and predicate; it can stand on its own) are joined by a coordinating conjunction (and,
or, for, nor, yet, so, but), the comma is placed before the conjunction. These conjoined clauses form a compound sentence. The
comma is generally used in longer sentences. But in short compound sentences, the comma is dispensed with.
Long compound (needs a comma) The plaintiff wanted to implead Ms. Santos as defendant, and he wanted the case
heard before the city fiesta.
Short compound (does not need a comma) The defendant shouted and hit the table.
a)

A compound sentence (i.e. consists of two independent sentences) must be distinguished from a simple sentence with a
compound predicate (i.e. one subject with two or more predicates).
Compound sentence (needs a comma) The law students had elected their Chancellor, and they will party at The Century
Hotel tonight.
Simple sentence with compound predicate (does not need a comma) The law students had elected their Chancellor and
will party at The Century Hotel tonight.

b)

Another way to join independent clauses is with the semicolon. This way, one need not use the conjunction.
The mediator talked with the plaintiff in the morning; in the afternoon, he spoke with the defendant.

2.

Introductory element or phrase

A comma is used after an introductory element or phrase. This may be a word (however, fortunately, first, soon, obviously), a phrase
(being blood relatives, in fact, very soon), or a dependent clause (at the time of the incident, with the preparations all geared up for a
warm welcome, speaking to the defendant).
After eating his breakfast in a nearby cafeteria, the judge proceeded to his chambers.
a)

Introductory participial phrase

Riding on the mountain bike, I realized the beauty of the citys barangays.

b)

Introductory prepositional phrase

On the advice of my counsel, I ask you if we could talk about this thing.

c)

Introductory infinitive phrase

To give his children college education, the defendant worked on double shifts.

d)

Introductory adverb phrase

Although ailing, the defendant managed to answer the questions correctly.
In this statement, no comma is needed since the infinitive is the subject to the sentence: To give his children college
education is the defendants lifelong dream.
If the introductory phrase is very short (not more than three words), the writer is given the discretion whether to use the
comma or not. Either is acceptable. One may or may not place a comma depending on how one wants his sentence to
sound.
Very soon the defendant will rest his case. or
Very soon, the defendant will rest his case.

3.

Transitional words
If transitional words (moreover, therefore, thus, furthermore, etc.) appear at the beginning or in the middle of the sentence, commas
must be used.
The evidence of the defendant is convincing, therefore, we have decided to withdraw.
My advice, thus, is to intervene.

4.

Interrogatory tags
Interrogatory tags after a declaratory statement are separated by a comma. This is particularly true when the subject of both the
statement and the question is the same person or thing.
The judge is the Rotary President of the district, isnt he?
But when the subjects of the first statement and the question are different, the two sentences are expressed separately.
I am planning to attend the IBP National Convention this year. Arent you?

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5.

Coordinate adjectives
Coordinate adjectives are two or more adjectives that equally modify a noun. These adjectives must be separated by commas.
The defendant chose to wear his most colorful, traditional outfit in court.

6.

To avoid ambiguity
Use a comma to separate words or figures to avoid being misunderstood.
In 1991, 6,000 people perished in that Ormoc flood.

DOUBLE COMMAS
Double commas set off words or clauses that interrupt the normal order of the sentence. Unless such word or clause comes at the beginning
or end of the sentence, a second comma must be used.
Here are your documents, Mr. Bond.
Here are your documents, Mr. Bond, and be sure to read them all tonight.
Double commas are used to set off:
1.

Parenthetical expressions
These are words or phrases that give additional meaning but are only incidental to the main thought of the sentence. If parenthetic
expressions appear in the middle of the sentence, double commas are used.
Judges, just like any human, may be tempted to overlook facts out of pity.
Mario Cruz, Ph.D., is our guest speaker.
Also, legal citations within a sentence are parentheticals that must be set off by commas.
In Lu v. Manipon, 381 SCRA 788, registration is not equivalent to title. It merely confirms but does not confer ownership.

2.

Contrasting expressions
Double commas are used if the contrasting expression (i.e. introduced by not, but not, but, although, not, though, not usually, etc.)
appears in the middle of the sentence. Otherwise, only one comma is used (i.e. when these expressions appear in the beginning or
end).
The plaintiff, but not his wife, is predisposed to settle.

3.

Appositives
An apposition or appositive is a word or phrase placed beside another to add to or explain the first. Usually, appositives are preceded
by such as, or, especially, particularly, etc.
Jose, Marios older brother, is here.
Oryza Sativa, more commonly known as rice, is the chief product of the province.
Appositive adjectives are likewise set off.
The bus, old and dilapidated, still transports passengers.
However, single word appositives are not set off with commas.
My brother Nate was here.

4.

Nonrestrictive elements
A nonrestrictive element is a phrase that modifies part of the sentence but which phrase is not essential to the overall meaning of the
sentence. Nonrestrictive elements are set off with commas, while restrictive or essential phrases do not need commas.
The class, which meets at the seventh floor, has invited Professor Cruz.
(Nonrestrictive phrases usually start with which, who, although, though)
The class that meets at the seventh floor has invited Professor Cruz.
(Restrictive or essential phrases usually start with that, when, because, before, while, if)
To test whether the clause is nonrestrictive or not, try taking away the clause. If the meaning changes or the sentence becomes less
understandable, the information is restrictive. Hence, no comma is used. Otherwise, the clause may be set off by commas.

5.

Interrupting words or phrases

If terms of direct address (e.g. sir, madam, my dear) interrupt a sentence, they must be set off with commas.
The proposal, Your Honor, aims to give housing to the landless.

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6.

Quotation
Commas are used to set off quotations, unless the quotation is only one word. Note that the comma precedes the quotation mark.
Your case, the mediator informed, is given a 30-day extension.
The mediator said, Your case is given a 30-day extension.
But a partial quotation that is part of the sentence is not set off by commas.
The mediator said that he is giving the parties a 30-day extension. #

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