Sunday, February 3, 2013

When matter matters too much

Many legal phrases and terms are unique to the Philippines. In my previous post, I discussed why we use price certain instead of the straightforward certain price.

Here's another unique Philippine legal terminology from the Revised Penal Code. Instead of the codal, here's a scanned portion from Justice Regalado's Criminal Law Conspectus, page 463:


A reader will immediately sense something awkward with the phrase material matter. It conjures repeat again for the second twice.

Justice Regalado, on page 467, quotes the way the Supreme Court defines the phrase:


Black's Law dictionary has entries for material and  matter but none for the two words together. Black defines material and matter as:



Material and matter come from the same etymological origin. From the Online Etymology Dictionary we have these entries:


It seems that material matter is simply exaggerated emphasis. Matter, in regard to Article 183, is enough in itself without material describing it.

I could hear now Professor Felipe Belciña, had I brought this up in class, saying: "Wait until you get to the Supreme Court!".  I think I owe one to Prof. Belciña so here goes: "Your compendium in Criminal law II is good." Altho I am a non-theist, I say may you rest in peace.

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