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Defining the Undefinable: (Record no. 9461)

MARC details
000 -LEADER
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001 - CONTROL NUMBER
control field 555579
003 - CONTROL NUMBER IDENTIFIER
control field OSt
005 - DATE AND TIME OF LATEST TRANSACTION
control field 20220506153429.0
006 - FIXED-LENGTH DATA ELEMENTS--ADDITIONAL MATERIAL CHARACTERISTICS
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007 - PHYSICAL DESCRIPTION FIXED FIELD--GENERAL INFORMATION
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008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
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022 ## - INTERNATIONAL STANDARD SERIAL NUMBER
International Standard Serial Number 0031-7721
040 ## - CATALOGING SOURCE
Transcribing agency UM Bansalan College LIC
082 ## - DEWEY DECIMAL CLASSIFICATION NUMBER
Classification number BPer. 340
Item number P538
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Hernandez Jr., Carlos S.
9 (RLIN) 14527
245 ## - TITLE STATEMENT
Title Defining the Undefinable:
Remainder of title Treating Atheism, Agnosticism, and Secular Humanism as Religion for Conscientious Objection, Tax Exemption, and Party-List Registration Purposes/
Statement of responsibility, etc. by Carlos S. Hernandez Jr.
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Place of publication, distribution, etc. Diliman, Quezon City, Philippines:
Name of publisher, distributor, etc. University of the Philippines College of Law
300 ## - PHYSICAL DESCRIPTION
Extent 79 pages
310 ## - CURRENT PUBLICATION FREQUENCY
Current publication frequency Quarterly
362 ## - DATES OF PUBLICATION AND/OR SEQUENTIAL DESIGNATION
Dates of publication and/or sequential designation February 2018
440 ## - SERIES STATEMENT/ADDED ENTRY--TITLE
Title Philippine Law Journal
Volume/sequential designation Vol.91, No.1(February 2018)
International Standard Serial Number 0031-7721
9 (RLIN) 14528
490 ## - SERIES STATEMENT
Volume/sequential designation Vol.91, No.1(February 2018)
International Standard Serial Number 0031-7721
520 ## - SUMMARY, ETC.
Summary, etc. Religion is undefined in the Constitution and in the statutes. Definitions of religion that can be found in cases decided by the Philippine Supreme Court, aside from being mere obiter dicta, are highly theistic. In Aglipay v. Ruiz, the Court defined religion as "a profession of faith to an active power that binds and elevates man to his Creator". In American Bible Society v. City of Manila, religion was defined as "having reference to one's views of his relations to His Creator and to the obligations they impose of reverence to His being and character, and obedience to His Will." <br/><br/>Mere reliance on these theistic definitions of religion would make the protection afforded by the Establishment and Free Exercise Clauses of the Constitution, inaccessible to those whose beliefs can hardly be characterized as theistic. The only way, then, for atheists, agnostics, and secular humanists (hereinafter collectively referred to as nonbelievers) to access the protection of the Religion Clauses is to have their beliefs in matters that deny, or are oblivious to, or that have nothing to do with the existence of God be considered religious as well. This would necessitate the expansion of the definition of religion to include the "beliefs" of those who reject the existence of a Supreme Being, those who are oblivious to the same, and those who have intense faith in something else. These beliefs have to be "sincerely held" and "meaningful" in compliance with the Seeger test. Only then would nonbelievers be able to invoke the Free Exercise Clause, and legitimately register conscientous objection to seek exemption from compliance with a legal duty. <br/><br/>This Note also proposes that atheism, agnosticism, and secular humanism be considered as religions for the purpose of real property tax exemption. Real properties used actually, directly, and exclusively for religious purpose are exempt from real property tax. Atheistic, agnostic, and secular humanist organizations in the Philippines would only be able to avail of this tax exemption if their use of their real properties were treated by the local governments as "religious". This note recommends the adoption of Judge Richard's Posner's formulation in Reed v. Great Lakes Companies of religion as "taking a position on divinity.; Adoption of this definition would be in conformity with the purpose of the Establishment Clause, which forbids state endorsement of a particular belief. The tax exemption should be available not only to those who believe in the existence of God but also to those who believe or in something else.<br/><br/>The necessary consequence of characterizing atheistic, agnostic, and secular humanist organizations as religious groups is that they become part of the religious sector. Since the religious sector is excluded from the party-list system, the Commission on Elections should deny registration of these organization's as party-list groups.
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element Religion
9 (RLIN) 14529
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Source of classification or shelving scheme Dewey Decimal Classification
Koha item type Bansalan Periodicals
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Current library Date acquired Total Checkouts Full call number Date last seen Price effective from Koha item type
    Dewey Decimal Classification   Not For Loan UM Bansalan College LIC 05/06/2022   BPer. 340 P538 05/06/2022 05/06/2022 Bansalan Periodicals