Whether ... or not? Whatever.

This post was long in coming because I was busy adding my two-centavos worth to a blog featuring my former workplace. See here.

When I first studied law a long, long time ago in another universe I always found it jarring to read portions of jurisprudence which go this way:

(1) "Whether or not the right to recover upon the civil liability of an accused arising from the crime, may be waived;
(2) "Whether or not such waiver may be made in behalf of the minor heirs by their mother, who is not their judicial guardian;
(3) "Whether or not the waiver in favor of the Mindanao Bus Company, as employer of the appellant, wipes out his personal civil liability for the crime, and
(4) "Whether or not liability to subsidiary imprisonment "attaches in case of insolvency and failure of the accused to pay the indemnity awarded in the judgment.

I learned and have always used "whether or not" to mean "regardless".

My favorite ponente then was Fred Ruiz Castro. Here's how he opened one ponencia:

The vital issue in this case is whether the dismissal of the eight (8) respondent employees by the petitioner Republic Bank (hereinafter referred to as the Bank) constituted an unfair labor practice within the meaning and intendment of the Industrial Peace Act (Republic Act 875). The Court of Industrial Relations (CIR) found it did and its decision is now on appeal before us. The Bank maintains that the discharge was for cause. (Republic Bank vs. CIR, GR. No. L-20303, Sep. 27, 1967)

Other ponentes like Isagani Cruz, my favorite when I went back to law school, starts his ponencia this way:

 The sole issue raised in this case is whether or not the private respondent has a cause of action against the petitioners for their encashment and payment to another person of certain crossed checks issued in her favor. (Associated Bank vs. CA, GR. No. 89802, May 7, 1992)

The Grammarphobia Blog says either is correct:

Whether … or not?
MARCH 21ST, 2013
Q: When you use “whether,” do you need “or not”? I find “whether” being used alone for “if,” and I wonder what is correct.
A: In the phrase “whether or not,” the “or not” is often optional. When the choice is up to you, you can generally use either “whether” or “if.”
But you definitely need “or not” when you mean “regardless of whether,” as in, “I’m out of here whether you like it or not!”

I still prefer the plain "whether" unless I mean "regardless". And Bryan Gardner is on my side.
Here's the usage from his The Redbook, A Manual on Legal Style, Third Edition:

And from Garner's Dictionary of Legal Usage, Third Edition:

References: