Title
Estrada vs. Escritor
Case
A.M. No. P-02-1651
Decision Date
Jun 22, 2006
A court interpreter’s live-in arrangement, justified by her Jehovah’s Witnesses faith, was ruled protected under religious freedom, outweighing claims of immorality.

Case Digest (G.R. No. 160506)
Expanded Legal Reasoning Model

Facts:

  • Complaint and administrative charge
    • On July 27, 2000, Alejandro Estrada, likewise a court interpreter, filed a sworn‐letter complaint against Soledad S. Escritor, interpreter of Branch 253, RTC Las Piñas City, for living with a man not her husband and bearing a child from that live‐in arrangement.
    • Escritor was charged administratively with “disgraceful and immoral conduct” under Book V, Title I, Chapter VI, § 46(b)(5) of the Revised Administrative Code.
  • Respondent’s marital status and religious arrangement
    • Escritor, a widow since 1998, had lived with Luciano D. Quilapio, Jr.—who remained married to another woman—without civil marriage for over twenty years and had a son with him.
    • As a Jehovah’s Witness, she executed on July 28, 1991 a “Declaration of Pledging Faithfulness,” approved and recorded by her congregation, allowing abandoned spouses to form binding unions pending legal impediments; the impediment on her part ended in 1998 but Quilapio’s subsisting marriage kept the declaration in force.
  • Initial Supreme Court decision and remand
    • In Estrada v. Escritor (Aug 4, 2003), the Court held:
      • Philippine religion clauses rest on “benevolent neutrality” or accommodation.
      • Claims under the Free Exercise Clause should be judged by the “compelling state interest” (strict scrutiny) test.
    • The Court remanded to OCA to allow the State to:
      • Probe the sincerity and centrality of Escritor’s belief.
      • Present evidence of a more compelling state interest against exempting her conduct.
      • Show that the means chosen were the least restrictive.
  • Remand proceedings and evidence adduced
    • The OSG intervened, submitting:
      • A letter and notarized certification by the Watch Tower legal representative, confirming the sincerity of Escritor’s beliefs and the internal nature of the declaration.
    • The OSG argued the State’s interests in:
      • Protecting marriage and the family as basic social institutions (Constitution, Art II, § 12; Family Code, Art 149).
      • Preserving public morality and the integrity of the judiciary.
    • The OSG produced no evidence demonstrating a compelling interest or the least restrictive means of regulation.

Issues:

  • Does the Free Exercise Clause of the 1987 Constitution exempt Respondent from administrative liability for her live‐in arrangement sanctioned by her faith but condemned by civil and penal law?
  • Has the State shown a compelling interest—and used the least restrictive means—strong enough to override Respondent’s claim to religious freedom?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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