Sunday, August 23, 2015

Supply defects and curb evils

Some words used by lawyers are very counterintuitive. The first that comes to mind would be continuance.

A layman in court will be surprised to hear that his case will be postponed to sometime in the far future. But didn't he hear the judge say that he will grant a continuance?

While rereading Fr. Bernas' The 1987 Constitution of the Republic of the Philippines: A Commentary, 2009 Edition I noticed that I had made in the end page a reference to page 191 which turned out to be this:
Going by the ordinary meaning of "supply" you will find some kind of dissonance with the goal of curbing evil. Other decisions of the Supreme Court have this variation:

They are intended to supply defects, abridge superfluities and curb certain evils.

Might this be another word with different meaning among lawyers? But  Black Dictionary uses the ordinary meaning:

Even Pres. Marcos may have some misgiving with the word when he came up with PD 44:
WHEREAS, in order that the desired aims and objectives of the Dangerous Drugs Act can be effectivity and satisfactorily attained, it is imperative that the said law be modified so as to cure its defects and supply its deficiencies

The Rhode Island Code may provide the legal meaning of supply. This one is from Justia US Law
§ 33-23-15 Want of jurisdiction – Amendments to supply defects. – No order or decree of a probate court which may be appealed from, or in any collateral proceeding when the same shall not have been appealed from, shall be deemed to be invalid, or be quashed, for want of proper form, or for want of jurisdiction appearing upon the record, if the probate court had jurisdiction of the subject matter of the order or decree. The superior court having jurisdiction of the parties to a probate appeal may allow amendments to be made in the papers filed in the case, to supply any deficiency or correct errors therein, upon such terms as it may deem proper.
It seems that this meaning of supply as used by the Supreme Court has been used by courts long ago. Click here for one that dates back to March 28, 1786.

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