Rights-Based Approach to Legislative Drafting (Topic: Form and Style) July 14, 2026 Speaker Belmonte Hall, South Wing Annex Atty. Sonny C. Gianan II OIC-SLSO III, Legislative Research Service Reference and Research Bureau
Presentation Outline USE OF LANGUAGE - Clarity, Brevity, Consistency, Voice, Tense, Singular and Plural, Capitalization, Numbers, Abbreviation or Acronyms, Positive Expression, Gender Specific and Person First Respectful Language ARRANGEMENT OF BILLS - Structure of Bills in General, Section Heading, Text, Subsection, Paragraph and Clause AMENDMENTS - Amendments and Renumbering or Relettering 01 02 03
Bill Drafting Style Bill drafting style is crucial in the legislative process as it determines how well a bill can be understood, interpreted, and implemented. A clear and precise style can help ensure that the intent of the legislation is accurately conveyed and that potential ambiguities or inconsistencies are minimized.
The quality of the legislative product depends not only upon the substance of laws but upon their form and style. Inaccurate or careless drafting may produce bad laws or even invalidate a measure entirely. It is essential to legislators, administrators, courts, and the public that bills and resolutions be written in a clear, correct, and unambiguous style
Writing of the Bill FORM As to form, the bill must have the basic requirements: an explanatory note, an enacting clause and the body of the bill which consists of sections, subsections and paragraphs that are properly numbered. STYLE As to style, the bill or resolution must be written in a language that is clear, concise and easily understood; the grammar and syntax are correct; the different provisions are arranged in proper sequence or divided properly into sections, subsections, and paragraphs. There is also a need to designate subtitles, article or chapters for the bill to be easily understood. SUBSTANCE As to substance, the provisions needed to attain the objective of the bill must be present. For example, if the proposal is for the creation of an agency, are the functions and powers provided? Is it to be governed by a board or a president? Are the saving clause and repealing clause necessary, or are the safeguards or penalty adequate, or are all provisions pertinent and necessary to the entire bill?
Essentials of Good Bill Drafting CLARITY Ensuring clarity in bill drafting involves using clear and precise language to convey the intended meaning of the legislation without ambiguity or confusion, making it easier for all stakeholders to understand and apply the law correctly. BREVITY Striving for brevity in bill drafting entails using concise and to- the-point language to express legislative provisions efficiently, avoiding unnecessary complexity or verbosity to streamline the reading and interpretation of the law. CONSISTENCY Maintaining consistency in bill drafting involves using uniform language, terminology, and formatting throughout the legislation to create a cohesive and harmonized document, reducing the risk of contradictions, confusion, or misinterpretation in its application.
CLARITY • Select words and phrases carefully to attain clarity and precision of meaning. Use plain and unambiguous words, because laws are read by non-attorneys and non- specialists, and they should be easily understood. Avoid ambiguous, indefinite, or superfluous words and phrases. • Draft short sections. It is easy to understand and amend. • Express only one thought in every sentence. • Break up complex and compound sentences into two or more sentences.
UNCLEAR SENTENCE "Businesses with over fifty (50) employees will be subject to the new rules starting next year." CLEAR SENTENCE "The new regulations will come into effect on January 1, 2026, and apply to all businesses with more than fifty (50) employees."
UNCLEAR VERSION "ON THE DAY OF THE SABBATH, BETWEEN THE HOURS OF 8 O'CLOCK IN THE MORNING AND 6 O'CLOCK IN THE EVENING, IT IS PROHIBITED TO LEAVE A VEHICLE STATIONARY IN THE DESIGNATED AREAS." CLEAR VERSION "No parking on Sundays from 8 a.m. to 6 p.m.."
BREVITY • Use short, simple sentences that convey the intended meaning • Write concisely, but do not substitute brevity for accuracy or clarity. • Do not use words or phrases that are longer or more complicated than necessary to express an idea. • Avoid redundancies that impede comprehension.
ORIGINAL DRAFT SEC. 4. Scope and Application. – This Act shall apply to all aspects of the operation of motorcycles used as a common carrier for the transportation of passengers or goods, which shall include parcels and mail. This Act shall not apply to motorcycles directly owned by persons, whether natural or juridical, and used exclusively in the line of business for the delivery of goods and other services. IMPROVED DRAFT SEC. 4. Scope and Application. – This Act shall apply to motorcycles operating as common carriers and exclude motorcycles that are used exclusively in the line of business of natural or juridical persons.
• Avoid excessive use of dependent clauses, compound sentences, or other complex sentence structures. • Omit needless language. If the word has the same meaning as a phrase, use the word.
Don’t Write Write at such time as when in the event that if is able to can in the interest of for is authorized to may in accordance with pursuant to, under
CONSISTENCY • Do not use the same word or phrase to convey a different meaning. • Do not use different languages to convey the same meaning. (For instance, if the drafter uses “employee” in one section, “worker” should not be used in another section for the sake of variety. • In the arrangement of provisions, place together sections containing similar materials.
Maintain parallelism in structure. For example, if a list of “the following duties” begins with gerunds (receiving, reviewing, issuing, etc.) do not shift to nouns (maintenance, licensure, etc.) or infinitives (to maintain, to license, etc.)
DO NOT WRITE: The department shall collect fees for: (1) renewing a license; (2) amending a license; and (3) an inspection of a license holder’s premises. WRITE: The department shall collect fees for: (1) renewing a license; (2) amending a license; and (3) inspecting a license holder’s premises.
Voice Active Voice As much as possible, always use the active voice in a sentence. A sentence is in the active voice when the subject does the verb. The use of the active voice automatically locates the principal actor – the person or entity who has the power, privilege, or duty – as the subject of the sentence, logically followed by the mandate imposed.
Example: Write The board shall appoint a director. Do not write A director shall be appointed by the board.
Active Voice: SEC. 18. Skills Training, Assessment and Certification. – To ensure productivity and assure quality services, the DOLE, through the Technical Education and Skills Development Authority (TESDA), shall facilitate access of domestic workers to efficient training, assessment and certification based on a duly promulgated training regulation. Republic Act No. 10361, otherwise known as the “Domestic Workers Act” or “Batas Kasambahay.”
Passive Voice As a general rule, avoid the use of the passive voice. A sentence is in the passive voice when the subject is not the doer of the verb. Use the passive voice only if the context makes clear who has to do the action.
Passive voice are sentences with verbs be, is, are, was, were, has been, have been, and had been followed by words that end in -ed, -t, or -en. Examples: must be arithmetically averaged is taken are taught have been reduced —
Tense Use the present tense. A statute is regarded as speaking in the present. The use of “shall” in imposing a duty or prohibition does not indicate the future tense. Even if an action is required on a specified future date, the form of expression is not in the future tense.
Avoid inserting words such as “current” or “existing” unless you also include the necessary temporal reference. Example: Do not use: An existing facility is exempt from licensure. Use: A facility existing on January 1, 1991 (or “on the effective date of this section”) is exempt from licensure.
Singular or Plural Prefer the singular to the plural. The singular is simpler and clearer than the plural. This will avoid the question of whether the plural applies to each member of the class or the class as a whole.
Example: "A possibility of reverter is subject to limitations in the document that creates it." IS PREFERABLE TO "Possibilities of reverter are subject to limitations in the documents that create them."
If it is necessary to use the plural, change to the singular, wherever desirable. Example: SEC. 32. Option to Retire. - Government employees who have rendered at least 20 years of service have the option to retire. An employee who opts to retire is entitled to avail of the benefits provided under the law.
Capitalization Capitalize the words “Act” or “State’” and the official names of government agencies, local government units, courts, official documents, title of laws, names of monuments, schools, colleges, universities, etc. when used in a bill.
Examples: Office of the President Province of Nueva Ecija City of Manila Ilocos Region Regional Trial Court Certificate of Live Birth Property Registration Decree Rizal Monument
Do not capitalize a common noun element when used in the plural with two or more proper names. Examples: Daet and Labo municipalities Cebu and Bohol provinces Bicol and Central Visayas regions
Numbers Cardinal numbers should ordinarily be expressed in words followed by a numeral enclosed in parentheses. As a general rule, most numbers in the body of the proposed legislation, including sums of money, should be written rather than indicated by numerals. Common exceptions to the general rule are dates, formulas and numbers used in tables.
Example: “The order shall take effect fifteen (15) days after publication.” “Any person who violates Section 8 of this Act shall be punished with a fine of not less than Ten thousand pesos (P10,000.00).”
Example: fifty(50) barangays ten percent (10%) of the population six (6) feet, not six feet (6’) ten (10) inches, not ten inches (10”)
Ordinal numbers should be expressed in words without any numeric representation in parentheses. In appropriations, it is correct to use both the written and numerical forms in tandem. Express sums of money amounts in words followed by a numeric representation.
Example: Write Do not write “…on third reading.” “..on 3rd reading.” “Twentieth Congress” “20th Congress” “First Regular Session” “1st Regular Session”
Abbreviation or Acronym Upon initial reference in the bill, or as part of the enumeration in the definition of terms, write the name of the entity in full and enclose its abbreviation or acronym in parentheses immediately after. Use only the abbreviation or acronym in subsequent references. Example : The National Council on Disability Affairs (NCDA) xxx. The NCDA is xxx.
In general, preference should be given to using generic terms instead of abbreviations or acronyms that are not well known. A generic term is usually easily understood, but an artificial system of encoded initials often contributes more to confusion than to clarity. Example: Western Visayas State University, hereinafter referred to as the “University,” xxx. (Use the generic term University instead of WVSU)
Objectionable Words Avoid the use of legal jargon or legalese (sometimes called “gobbledygook”) such as “herein,” “therefrom,” “same,” “said,” “thereof,” “thereunder,” “forthwith,” and many others. Example: Tenant hereby further agrees to use said premises as a dwelling and for no other use, to pay the rent herein reserved when same is due…
Avoid the use of two or more words that mean the same thing (redundant phrases). acknowledge and confess breaking and entering full force and effect deem and consider keep and maintain sole and exclusive null and void
Avoid pairs of words, one of which includes the other. It is suggested that the broader or narrower term be used as the substance requires. all and every any and all authorize and direct by and between desire and require from and after may have access to and examine request and demand shall have and may exercise (the power)
Positive Expression Avoid the use of negative statements. Affirmative statements are more forceful and direct. State affirmatively, when possible, even negative ideas. Negative statements do not assert; they only deny and are often ambiguous. Negative Statement He did not carry out his responsibility. Affirmative Statement He abdicated (relinquished, renounced) his responsibility.
Negative Statement He did not fulfill his duty. Affirmative Statement He failed in his duty.
Gender-Specific Language Avoid or minimize the use of gender-based (“he” or “she” and “his” or “her”) personal pronouns. Use a pronoun only if its antecedent is unmistakable and its use is gender-neutral.
Repeat the noun rather than use a pronoun unless the antecedent is a series of nouns. If the pronoun could refer to more than one person or object in a sentence, repeat the name of the person or object to avoid the ambiguity.
Do not write: After the Administrator appoints a Deputy Administrator, he or she shall supervise the……… (Who does the supervising? The Administrator or the Deputy? If the latter is intended, then:) Write: After the Administrator appoints a Deputy Administrator, the Deputy Administrator shall supervise the…
Substitute a noun for the pronoun If he applies, it shall be considered. If [he] THE INDIVIDUAL applies, it shall be considered. Each person listed shall be eligible. He shall also be entitled to all ancillary benefits. Each person listed shall be eligible. [He] SUCH PERSON shall also be entitled to all ancillary benefits.
Use an article such as “the,” “a,” “an” or “that” to replace the personal pronoun. Example: An applicant must include with the (rather than “his”) application….
Use a possessive noun. Example: The comptroller shall issue an annual report and the comptroller’s (rather that “his”) recommendations….
If the proposed law is intended to apply to persons of both sexes, it is best to use gender-neutral terms, such as "applicant," "licensee," or "person" in bill drafting.
Person First Respectful Language Avoid using certain terms and phrases that the legislature has found “demeaning and has created an invisible barrier to inclusion as equal community members” and to instead use other preferred terms and phrases or variations of those terms and phrases. Examples: persons with disabilities persons with mental illness persons deprived of liberty
Structure of Bills • The bill may contain any number of sections and provisions, so long as they all relate to the single subject expressed in the title. • Longer and more comprehensive bills may be divided into several parts and sections numbered in a single sequence throughout the bill. • General provisions should precede special ones. • The general rule should precede an exception.
SECTION 21. Closure and Opening of Roads. GENERAL RULE: (a) A local government unit may, pursuant to an ordinance, permanently or temporarily close or open any local road, alley, park, or square falling within its jurisdiction. EXCEPTION: Provided, however, That in case of permanent closure, such ordinance must be approved by at least two-thirds (2/3) of all the members of the sanggunian, and when necessary, an adequate substitute for the public facility that is subject to closure shall be provided.
Provisions dealing with the same subject should be grouped. In structuring a bill, normally: • General provisions precede special provisions; • More important provisions precede less important provisions; • Permanent provisions precede temporary provisions; and • Technical or housekeeping provisions appear last.
• Provisions should appear in the order of their importance, beginning with the most important. • Arrange individual sections in a logical order to make the proposed statute as readable and easy to use as possible. • Avoid arranging a bill in such a way that a provision makes no sense until a subsequent provision is read.
Section Structure Topical or Section heading or caption briefly states the topic of each section and guides the reader through the various parts of the bill. It is generally placed after the section or article number. Example: “SEC. 148. National Consumer Affairs Council. – To improve the management, coordination and effectiveness of consumer programs, a National Consumer Affairs Council is hereby created, hereinafter referred to as the “Council”. (Republic Act No. 7394 otherwise known as the “Consumer Act of the Philippines)
Use phrases, rather than sentences, as topical or section heading. Example: SEC. 21. General Safety Standards. -
Designation of Parts of Section 1. Use (a), (b), (c), etc. for subdivisions of a section (called “subsections”). 2. Use (1), (2), (3), etc. for subdivision of a subsection (called “paragraphs”). 3. Use (A), (B), (C), etc. for subdivisions of a paragraph (called “subparagraphs”). 4. Use (i), (ii), (iii), etc. to designate additional breakdown, if necessary, otherwise, avoid further subdivision whenever possible.
Example : SEC. 444. The Chief Executive; Powers, Duties, Functions, and Compensation. – (a) The municipal mayor, as the chief executive of the municipal government, shall exercise such power and perform such duties and functions as provided by this Code and other laws. (b) For efficient, effective and economic governance, the purpose of which is the general welfare of the municipality and its inhabitants pursuant to Section 16 of this Code, the municipal mayor shall:
(1) Exercise general supervision and control over all programs, projects, services, and activities of the municipal government and in this connection shall: (A) Determine the guidelines of municipal policies and be responsible to the Sangguniang Bayan for the program of government; (Republic Act No. 7160, otherwise known as the Local Government Code of 1991)
Amendatory Bills In drafting amendatory provisions, the drafter must understand the differences between: (a) Plain text (b) Bracketed (stricken) text (c) Capitalized and bold (underscored) text
i. Plain text is the existing law that is not being changed. ii. Capitalized and bold (underscored) text is the new matter being added to an existing Act. iii. Bracketed (stricken) text is the existing matter that is being deleted.
In amendatory bills, include in the title the description of the statute to be amended particularly its number and the short title. Example: AN ACT PROVIDING FOR THE PAYMENT OF HAZARD PAY TO ALL LAW ENFORCEMENT PERSONNEL, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9234, OTHERWISE KNOWN AS THE “HAZARD PAY ACT OF 2009”
In the absence of a short title, the long title of the statute can be included, as long as the statute sought to be amended can be identified with a reasonable degree of certainty. Example: AN ACT PROVIDING FOR THE PAYMENT OF HAZARD PAY TO ALL LAW ENFORCEMENT PERSONNEL, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9234, ENTITLED “AN ACT PROVIDING FOR THE PAYMENT OF HAZARD PAY TO LAW ENFORCEMENT PERSONNEL”
• In drafting amendments to an existing law, look for the current or latest version of the statute in case there were amendments to the original law. • In an amendatory bill, the entire Act or chapter need not be set forth at length but the entire section being amended must be set out, not just the particular subsection or subdivision affected. • When amending existing statutes, new material always follows the stricken material for which it is being substituted. Do not reverse the order.
There should be a separate section of the bill for each existing statute section to be amended, and each of these sections should begin with an amending clause. This facilitates later integration of the bill into the statutes. Example:: SECTION 1. Section 1 of Republic Act No. 11519 is amended to read as follows: “SECTION 1. Extension of the Availability of Appropriations. – The appropriations authorized under Republic Act No. 11494 or the “Bayanihan to Recover as One Act” which includes, among others, the automatic appropriations of new programs, projects, and activities
pursuant to Section 4 thereof, shall be available for release, obligation and disbursement until [June 30, 2021] DECEMBER 31, 2021: Provided, That the appropriations sourced from reprogrammed, reallocated or realigned savings in Republic Act No. 11465 or the 2020 GAA for programs and projects for COVID-19 interventions shall be valid for release, obligation, and disbursement in accordance with the provisions of the 2020 GAA: Provided, further, That the use of such appropriations shall continue to be governed by the provisions of Section 4 of the Bayanihan to recover as One Act. The special and general provisions of the 2020 GAA shall be suppletory thereto provided it is not inconsistent with the said provision.”
“The balances of fund transfers between agencies, instrumentalities and government-owned and - controlled corporations which, while obligated, remain unused, unutilized, unexpended, and undisbursed as of [June 30, 2021] DECEMBER 31, 2021 shall revert to the unappropriated surplus of the General Fund.” “x x x.”
SEC. 2. Section 4 of the same Act is hereby amended to read as follows: “SEC. 4. Applicability to Local Government Units (LGUs) and the Government Financial Institutions (GFIs). – The fund releases to the LGUs, and GFIs for programs, projects and activities enumerated in Section 10 of the Bayanihan to Recover as One Act shall be valid for release, obligation, and disbursement until [June 30, 2021] DECEMBER 31, 2021, except for the balances of the fund releases to the LGUs and GFIs sourced from savings in the 2020 GAA which shall be governed by the applicable provisions of the 2020 GAA.”
• Avoid renumbering sections and subsections of existing law whenever possible. • If sections or subsections are renumbered, then references within the same and other Acts must be changed. If they are not changed, the statutes are wrong. Moreover, previous citations in court decisions, administrative rules, journal articles, and other documents are then misleading.
Insertion of new sections into a bill by amendment usually requires renumbering of other sections in the bill. Avoid extensive amendments to a lengthy bill by assigning the new section numbers like “SEC. 5-A” and “SEC. 5-B”.
SECTION 1. A new section denominated as Section 148-B is inserted after Section 148- A of the National Internal Revenue Code, as amended, to read as follows: “SEC. 148-B. – POWER GENERATION PLANTS. – THERE SHALL BE LEVIED, ASSESSED, AND COLLECTED AN EXCISE TAX OF ONE PESO (P1.00) PER KILOWATT OF POWER PRODUCED BY POWER GENERATION PLANTS THAT UTILIZE FOSSIL FUELS OR NON-RENEWABLE ENERGY SOURCES SUCH AS COAL, NATURAL GAS AND OIL-BASED MATERIAL, INCLUDING COMBINED CYCLE, DIESEL, GAS TURBINE AND OIL THERMAL. THE SECRETARY OF FINANCE IS AUTHORIZED TO ADJUST THE COST OF EXCISE TAX UNDER THIS SECTION BASED ON THE RECOMMENDATION OF THE ENERGY REGULATORY COMMISSION.
Conclusion: Key Takeaways • Good legislative drafting balances form, style, and substance to produce laws that are clear, effective, and enforceable. • Clarity, brevity, and consistency are the foundations of effective bill drafting and help prevent ambiguity and misinterpretation. • Proper organization and structure make bills easier to read, understand, implement, and amend. • Use precise, inclusive, and respectful language that reflects legislative intent and promotes legal certainty. • Always draft with the end user in mind—legislators, implementing agencies, courts, and ultimately, the Filipino people. Remember: Good legislation is not measured by how complex it is, but by how clearly it communicates the law and how effectively it serves the public.
Thank You!