JD Thesis 1 - Preliminary Review of Related Literature and Studies

1. Conduct an extensive review of literature and studies related to your topic.

2. Review of related literature and studies includes:

a. Primary Authority such as Constitutions, statutes, ordinances, regulations,
court opinions
b. Secondary Authority such as treatises, restatements of law, books, scholarly
journal articles, legal encyclopedias, law reviews, law dictionaries, annotations

3. Use the tabular form to help you organize your review of related literature and
studies.
 Source Key Features/Findings/Claims
Primary Authority The 1987 Section 5. No law shall be made
P h i l i p p i n e respecting an establishment of religion,
Constitution or prohibiting the free exercise thereof.
The free exercise and enjoyment of
religious profession and worship,
without discrimination or preference,
shall forever be allowed. No religious
test shall be required for the exercise of
civil or political rights.
Secondary Authority Sullivan, D. (1988). In 1981, 19 years after efforts to
Advancing the elaborate protections for religious
Freedom of freedom were formally begun in the
Religion or Belief United Nations, the Declaration on the
Through the UN Elimination of All Forms of Intolerance
Declaration on the and of Discrimination based religion of
Elimination of belief (the Declaration) was adopted by
R e l i g i o u s consensus.
Intolerance and
Discrimination.
American Journal
of International
Law, 82(3),
487-520. doi:
10.2307/2202962
Secondary Authority
Boyle, K. & Sheen, Religious freedom does not seem to
J., (1997). have won over the minds of people
Freedom of
everywhere. Each religion has a
Religion and Belief
tendency to consider that it is the sole
A World Report.
Page 16. Taylor & guardian of truth and is duty bound to
Francis e-Library. behave accordingly, an attitude which
Retrieved from is not always conducive to inter-
h t t p s : / / religious tolerance.
scholar.google.com
/ s c h o l a r ? What is more, each religion may be
cluster=875170510 tempted to fight against whatever it
9812436170&hl=tl defines as deviant either within its own
&as_sdt=2005&sci
faith or at its boundaries, which is
odt=0,5.
equally unlikely to encourage internal
religious tolerance.

crimes committed under the mantle of

religious freedom—especially those
perpetrated by or ascribed to groups
bedecked with religiosity—inevitably
provoke extreme reactions, resulting in
greater intolerance and discrimination
towards anything which does not
belong to the established order.
Secondary Authority Taylor, M. (2013). Congress cannot pass a law for the
Freedom From government of the Territory which shall
R e l i g i o n ? . prohibit the free exercise of religion.
Retrieved from
h t t p : / / Laws are made for the government of
www.christsbondse actions, and they cannot interfere with
rvants.org/ mere religious beliefs and opinions.
Mike_Taylor/wys-
Mike%20Freedom
%20From%20Relig
ion.Taylor.pdf.

Secondary Authority Cormelio, J. Religious freedom has been a key facet

(2013). Religious of its various Constitutions since the day
Freedom in the the Philippines became Asia's first
Philippines: from democratic republic in 1899. The
legalities to lived immediate religious context of the
experience: The Philippines, however, renders these
Review of Faith & provisions difficult to uphold
International consistently. The Catholic Church
A f f a i r s , 11 : 2 , remains influential to politics and policy
36-45, DOI: formulation, and at the same time the
10.1080/15570274. religious landscape is increasingly
2013.808036 diverse due to immigration. Past
academic discussion on religious
freedom in the Philippines has been
mainly among legal scholars. In the
future greater attention should be
focused on the subjective and everyday
experience of religious freedom.
Secondary Authority Ta n , L. Bishop Solito Toquiero from the
(2019).Some National Council of the Churches
religious leaders Philippines said the religious institution
back SOGIE bill. supports the SOGIE bill despite
CNN Philippines. backlash from some religious groups
Retrieved from that it goes against the teachings of the
h t t p s : / / Church.
cnnphilippines.com The SOGIE bill does not infringe on
/news/2019/9/4/ religious freedom. On the contrary, it
SOGIE-bill- represents what most religions
L G B T Q - advocate — human equality, human
discrimination- dignity, and human rights," Pastor
r e l i g i o u s - Kakay Pamaran said.
groups.html. Coalition of Concerned Families of the
Philippines expressed disapproval of
the "one-sided bill" because it allegedly
favors feelings over facts.
Cesar Buendia, who represented a
group of former LGBT members, said
the bill will discriminate against
Christians.
“SOGIE bill excessively discriminatory
against the majority of Filipinos. SOGIE
bill will make those of us who believe in
the Christian story second-class
citizens,” he said.
Radem Moralos, a Muslim from
Mindanao, said there are stories of
conversion therapy in Muslim
communities through forced marriages,
forced military training, and
harassment. He said the SOGIE bill will
address the problems Mindanaoan
queers face.
“The lives and human dignity of the
LGBT in Mindanao are far worse
compared to those in Luzon. The
SOGIE bill will protect them from
violence. The SOGIE bill will address
Secondary Authority ABS CBN News. Bills protecting the LGBT community
(2010). 'What from hate crimes and prejudice "imperils
happens to freedoms of speech and religion",
Christians like evangelist-turned-lawmaker Eddie
me?' Eddie Villanueva said
Villanueva says It imperils freedoms of speech and
SOGIE bill 'imperils religion... What happens to a Christian
freedom of like me and to the majority of people in
religion’. Retrieved this august chamber if we are to be
from https:// threatened with punishment every time
news.abs-cbn.com/ we share our Bible-based beliefs on
news/08/29/19/ matters of transgenders and
what-happens-to- homosexuals?" Villanueva,
christians-like-me- representative of CIBAC party-list, said
eddie-villanueva- in a privilege speech.
says-sogie-bill- Fundamental rights, he said, are
imperils-freedom- "already enshrined in our existing laws"
of-religion. and their violation of "will be penalized
accordingly."
"To enact another law that upholds one
sector's perceived rights over the rights
of other people who do not belong to
that sector is simply unfair, isn't it? In
fact, equally discriminatory, it will be a
law of preferential rights, a class
legislation," said Villanueva.
Secondary Authority B u s i n e s s M i r r o r.
(2019). ‘Is religious
freedom still
considered a
fundamental human
right?’. Retrieved
from https://
businessmirror.com.
ph/2019/09/08/is-
religious-freedom-
still-considered-a-
fundamental-human-
right/.
We can strengthen religious freedom
by reinvigorating our discussion of the
equal dignity of all human beings.
The ability to enjoy religious freedom
protects and strengthens other civil
and political rights. To illustrate this,
lets compare it to a tree, with religious
freedom as the root that needs to be
nourished for it to bear fruit and have
people enjoy it.
“Separation of religion and
governance is probably a very
complex issue,” he said. “But there’s
one thing we can focus on…that is
FORB: Freedom of Religion or Belief
is really the base for every society to
be able to live together. There is an
absolute essential dimension in any
country. FORB has to be ensured. It is
not complicated. It’s not complex.
It’s just essential.”
Our Constitution ensures and
mandates an unconditional tolerance
without regard to whether those who
seek to profess their faith belong to
the majority or to the minority. It is
emphatic in saying that the free
exercise and enjoyment of religious
profession and worship shall be
without discrimination or preference.
Secondary Authority Nickel, J. (2005). When we try to describe the meaning
Who needs freedom of freedom as a political norm, we
of religion?.
usually identify important areas of
H e i n o n l i n e .
liberty in which governments should
Retrieved from
h t t p s : / / eneter only with good reasons and
heinonline.org/HOL/ tread lightly when they do. We speak
LandingPage? freedom of expression, religion,
handle=hein.journal association, assembly, and movement.
s / This is the basic liberties approach to
ucollr76&div=29&id=
understanding liberty.
&page=. 76 U. Colo.
L. Rev. 941
Secondary Authority Dickson, B. (1995). A religion, first and foremost, is a
The United Nations collection of beliefs. As such it is an
and Freedom of
intensely personal matter, every
R e l i g i o n .
individual being able to decise for him
International and
Comparative Law or herself which set of beliefs to adopt.
Quarterly, 44(2), No law can force people to believe
327-357. doi: certain things, though it may well
10.1093/iclqaj/ provide incentives for them to think
44.2.327
along certain lines.
For most people, though, a religion is
much more than a set of beliefs, given
that they often feel the need to
translate their beliefs into actions.
Such actions can have repercussions
for other people, so it becomes
necessary for the law to specify which
of them can be permitted, and when.
On the contrary, for the sake of a
healthy, pluralistic society the law
should go out of its way to tolerate
diversity and non-conformity.

4. Prepare a topic outline of your review of related literature and studies.

Researcher: Lawrence Greghill R. Bravo

Approved Topic/Working Title:
Outline: