ALEJANDRO ESTRADA, Complainant,

vs.
SOLEDAD S. ESCRITOR, Respondent.
A.M. No. P-02-1651 June 22, 2006
PUNO, J.:
While man is finite, he seeks
and subscribes to the Infinite.
Respondent Soledad Escritor
once again stands before the
Court invoking her religious
freedom and her Jehovah God in
a bid to save her family united
without the benefit of legal
marriage - and livelihood.
Estrada v Escritor A.M. No. P-02-1651
FACTS
Estrada v Escritor A.M. No. P-02-1651
FACTS
In a sworn-letter complaint dated July
27, 2000, complainant Alejandro Estrada
requested Judge Jose F. Caoibes Jr.,
presiding judge of Branch 253, Regional
Trial Court of Las Pias City, for an
investigation of respondent Soledad
Escritor, court interpreter in said court, for
living with a man not her husband, and
having borne a child within this live-in
arrangement.
Estrada v Escritor A.M. No. P-02-1651
Estrada believes that Escritor is
committing an immoral act that tarnishes
the image of the court, thus she should
not be allowed to remain employed
therein as it might appear that the court
condones her act. Consequently,
respondent was charged with committing
"disgraceful and immoral conduct under
Book V, Title I, Chapter VI, Sec. 46(b)(5)
of the Revised Administrative Code.
FACTS
Estrada v Escritor A.M. No. P-02-1651
Soledad Escritor
Luciano Quilapio, Jr.
Soledad Escritor
Soledad Escritor
FACTS



Declaration of Pledging Witnesses
Estrada v Escritor A.M. No. P-02-1651
FACTS
For Jehovahs Witnesses, the Declaration
of Pledging Witnesses allows members of the
congregation who have been abandoned by
their spouses to enter into marital relations.
The Declaration thus makes the resulting
union moral and binding within the
congregation all over the world except in
countries where divorce is allowed. As laid out
by the tenets of their faith, the Jehovahs
congregation requires that at the time the
declarations are executed, the couple cannot
secure the civil authorities approval of the
marital relationship because of legal
impediments.
Estrada v Escritor A.M. No. P-02-1651
FACTS
Only couples who have been baptized
and in good standing may execute the
Declaration, which requires the approval of
the elders of the congregation. As a matter of
practice, the marital status of the declarants
and their respective spouses commission of
adultery are investigated before the
declarations are executed. Escritor and
Quilapios declarations were executed in the
usual and approved form prescribed by the
Jehovahs Witnesses, approved by elders of
the congregation where the declarations were
executed, and recorded in the Watch Tower
Central Office.
Estrada v Escritor A.M. No. P-02-1651
FACTS


Moreover, the Jehovahs congregation
believes that once all legal impediments for
the couple are lifted, the validity of the
declarations ceases, and the couple should
legalize their union.
Estrada v Escritor A.M. No. P-02-1651
ISSUE
Estrada v Escritor A.M. No. P-02-1651
ISSUE


Whether or not respondent should be
found guilty of the administrative charge of
"gross and immoral conduct."

Estrada v Escritor A.M. No. P-02-1651
RULING
Estrada v Escritor A.M. No. P-02-1651


Our Constitution adheres to the
benevolent neutrality approach that gives
room for accommodation of religious
exercises as required by the Free Exercise
Clause.
RULING
Benevolent neutrality recognizes that
government must pursue its secular goals and
interests but at the same time strives to
uphold religious liberty to the greatest extent
possible within flexible constitutional limits.
It still remains to be seen if respondent is
entitled to such doctrine as the state has not
been afforded the chance to demonstrate the
compelling state interest of prohibiting the act
of respondent.
RULING
Thus, the Solicitor General in arguing
that respondent should be held
administratively liable as the arrangement she
had was "illegal per se because, by
universally recognized standards, it is
inherently or by its very nature bad, improper,
immoral and contrary to good conscience, he
failed to appreciate that benevolent neutrality
could allow for accommodation of morality
based on religion, provided it does not offend
compelling state interests.
RULING


In view whereof, the instant
administrative complaint is dismissed
RULING
APPLICATION
TO NATURAL
LAW
Estrada v Escritor A.M. No. P-02-1651


In this particular case and under these
distinct circumstances, respondent Escritors
conjugal arrangement cannot be penalized as
she has made out a case for exemption from
the law based on her fundamental right to
freedom of religion.
APPLICATION TO NATURAL LAW


The fact that the court recognizes that
state interests must be upheld in order that
freedoms - including religious freedom - may
be enjoyed, had given a significant change in
Escritors life as a member of her religion and
as a member of the society.

APPLICATION TO NATURAL LAW
In the area of religious exercise as a
preferred freedom, however, man stands
accountable to an authority higher than
the state, and so the state interest sought to
be upheld must be so compelling that its
violation will erode the very fabric of the state
that will also protect the freedom. In the
absence of a showing that such state interest
exists, man must be allowed to subscribe
to the Infinite.
APPLICATION TO NATURAL LAW

man stands
accountable to an authority higher than
the state



man must be allowed to subscribe
to the Infinite.
APPLICATION TO NATURAL LAW
Estrada v Escritor A.M. No. P-02-1651