The Manila Times

How onerous legalese imperils public welfare

- BY ASANGAN T. MADALE JOSE A. CARILLO PARAMISULI AMING PHOTO COURTESY OF atTwitte

IN the uproar over the 12 evidently onerous provisions found in the water supply agreements signed in 1997 by the Philippine government with Maynilad Water Services Inc. and Manila Water Co. Inc., these two concession­aires both claimed it was the government itself that imposed those provisions. This doesn’t speak well of the entities involved, particular­ly the regulatory agency handling water supply privatizat­ion, fueling speculatio­ns of graft and prompting itself to editoriali­ze that “the government should hire better lawyers moving forward.”

This being an English- usage column, I won’t dwell on the particular­s of this controvers­ial issue, but just bring back this very interestin­g question by a Forum

Marawi

State University­City: For Paramisuli

hindrance to top the 2017 Social Worker Board Exam.

A native of Tawi-tawi, Suli went to study at the Mindanao State University-Marawi.

She recalled how they felt their buildings shake when the bombings began on May 23, 2017, which signalled the start of the Battle of Marawi, also known as the Siege of Marawi.

Suli said they were in their dormitorie­s reviewing for the exam when the clashes began. It felt like a nightmare, but they continued studying while they waited for the morning to come so they could escape the city. to understand? Is this a lawyer’s standard procedure so only he can interpret and make money out of

In my reply, I explained that legal documents and contracts use

for communicat­ing with fellow lawyers and related practition­ers.

Suli took the exam just two weeks after she graduated cum laude. She was also the valedictor­ian of the College of Public Administra­tion

- ment of Social Work’s Leadership Award.

The war survivor topped the July 2017 Social Workers Board Exam with a rating of 86.00 percent.

Suli shared how empowering it was to achieve success despite the circumstan­ces they encountere­d. She said,

able to achieve a goal that I have set for myself. It feels so satisfying that after all the uncertaint­y brought about by the current circumstan­ces — lack of time, stress and other factors — I

Suli shared her inspiring story

Legalese presumes that the audience is adequately knowledgea­ble with legal concepts, so it’s often too wordy for comfort and beyond the understand­ing and comprehens­ion of laypeople.

Of course it’s too harsh to say that lawyers make legalese their SOP so only they can interpret documents or contracts and make money from them. I think the fol

lawyer-blogger WiseGeek (a pen

- yers are careful when drafting legal documents to say precisely what they mean, even if the meaning is only apparent to other lawyers. Some of the word use may appear unusual to people who aren’t familiar with the law, as ordinary words can have a different

But more revealing, I think, is this insight about legalese by lawyerblog­ger SoMeLaw Thoughts

deep, dark secret about lawyers — we see risk everywhere. I can look at a picture of a man on a sidewalk and come up with a dozen potential lawsuits without batting an eye. And that’s before this hypothetic­al man crosses the hypothetic­al street. We lawyers spend years reading the most ludicrous cases you can imagine that involve chain reactions of people jumping onto moving trains, dropping bundles

concussive wave that tips over a large scale injuring a woman nearby ( actual,

Paramisuli ‘Suli’ Aming took the Social Worker Board Exam just two weeks after she graduated cum laude. famous case). It’s our job to see the worst potential outcome and help our clients avoid it... So when a client comes to an attorney and says, ‘Hey, can you draft up some terms for my business so that we’re protected from lawsuits?’ then the lawyer’s mind starts spinning like a rickety traveling carnival ride that was

Among Filipino lawyers, I don’t think it’s now standard practice to deliberate­ly make contracts and documents wordy, roundabout and confusing. I believe their legalese is largely the outcome of decades of overzealou­s, overprecis­e and overbearin­g formulatio­n, implementa­tion, interpreta­tion and applicatio­n of the law. So, I believe that the

it be possible to make the English of their contracts and legal docu

That would be such a desirable

NATIONAL scientist (NS) Edgardo Gomez, founder-director of the University of the Philippine­s’ Marine Science Institute (UPMSI), died at

deep sadness the demise of our beloved founder, who establishe­d

country and was instrument­al in making the Philippine­s leader in

The post cited Gomez as a visionary academic leader, honest and dedicated public servant and a great mentor.

UPM

SI is a worldclass res e a r c h a n d teaching institutio­n in marine science, and is an internatio­nally renowned center of excellence for national

initiative­s,

National scientist Edgardo Gomez.

- searcher, scientist, conservati­on advocate and mentor in invertebra­te biology and ecology, giant clam culture and restoratio­n, and coral reef assessment and conservati­on. He was also recognized for his outstandin­g contributi­ons and researches on marine ecosystems which became the bases for management of and the conservati­on programs for the country’s marine

statement.

- vation initiative­s, such as the Global Reefs and Risk Analysis, Global Coral Reef Monitoring Network, and the Internatio­nal Coral Reef Action, were launched through his pioneering research. developmen­t. In recent years, in fact, a major movement has been growing in North America and the

and simple English not only in contracts and legal documents but also in court litigation and in legislatio­n, the better for laypeople to understand, appreciate and follow the law.

Let’s hope then that henceforth, plain and forthright English and not onerous legalese will mark the government’s renegotiat­ed contracts with Maynilad and Manila Water and with all its other major suppliers as well.

Next: Pronouns as subject complement take the subjective form

VisitJoseC­arillo’sEnglishFo­rum, steer the - ment of damage to coral reefs that led to the widespread concern over the status of coral reefs.

Gomez was able to -

was his contributi­ons in the baseline mapping of the Philippine­s to handle the highly contested

the groundwork for the Archipelag­ic Studies Program that the UP System

He served as a member of the American Associatio­n for the Advancemen­t of Science, Western Society of Naturalist, World Maricultur­e Society, National Research Council of the Philippine­s, and the Internatio­nal Society for Reef Studies.

He was awarded the Global 500 Roll of Honor by the

United Nations Environmen­t Program in 1989, the Outstandin­g Filipino in Science (Marine Biology) by the Philippine Jaycee Senate in 1992, Outstandin­g Science Administra­tor

- dential Lingkod Bayan Award by the Philippine Civil Service Commission in 2000, among others.

He was elected as a member of the National Academy of Science and Technology Philippine­s in 1993 and was proclaimed as National

Gomez was born on Nov. 7, 1938.

La Salle University (1962), Master of Science in Biology in St. Mary’s University Minnesota (1967) and

Biology in University of California

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