A.M. No. P-02-1651 June 22, 2006 (Formerly OCA I.P.I. No. 00-1021-P)
ALEJANDRO ESTRADA, Complainant, vs. SOLEDAD S. ESCRITOR, Respondent.
PUNO, J.:
1. Herein Complainant, Alejandro Estrada, also a member of the court, wrote a letter-complaint to the judge of Branch 253, RTC Las Pinas to investigate rumors regarding Escritor although he was not in any way related to respondent, he deemed Escritor's live-in arrangement as immoral and damaging to the court's image and that she should not be allowed to remain employed.
2. Soledad Escritor, a court interpreter, entered the judiciary in 1999 already a widow,
her husband having died in 1998. She testified that she has been living with Luciano Quilapio, Jr., without the benefit of marriage for 25 years and they have a son. But as a member of the religious sect known as the Jehovah's Witnesses and the Watch Tower and Bible Tract Society, their conjugal arrangement is in conformity with their religious beliefs. In fact, after ten years of living together, they both executed on 28 July 1991 a "Declaration of Pledging Faithfulness," signed by 3 witnesses. Although at the time of their execution, Escritor's husband was still alive but with another woman. Quilapo was likewise married but separated in fact from his wife.
3. The investigating judge found Escritor's factual allegations credible as they were supported by testimonial (Gregorio Salazar, presiding minister of Jehova's witness) and documentary evidence (Declaration of Pledging Faithfulness.)
ISSUE:
Whether or not respondent's right to religious freedom should carve out an exception from the prevailing jurisprudence on illicit relations for which government employees are held administratively liable.
RULING:
YES. Freedom of religion is one of the fundamental rights enshrined in our Constitution. The law recognizes actions that are in accordance with religious beliefs. Escritor and Quilapo executed a Declaration of Pledging Faithfulness in conformity with her religion, Jehovah’s Witness. Their declaration was recognized by their congregation and was not considered immoral. Their pastor also testified as to the declaration that happened and was witnessed by other elders of the church. Escritor is not guilty of immoral conduct and her conjugal agreement with Quilapio is valid.
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The case is REMANDED to the Office of the Court Administrator. The Solicitor General is ordered to intervene in the case where it will be given the opportunity
(a) to examine the sincerity and centrality of respondent's claimed religious belief and practice;
(b) to present evidence on the state's "compelling interest" to override respondent's religious belief and practice; and
(c) to show that the means the state adopts in pursuing its interest is the least restrictive to respondent's religious freedom. The rehearing should be concluded thirty (30) days from the Office of the Court Administrator's receipt of this Decision.
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