Estrada v. Escritor involved a complaint filed against a court interpreter, Escritor, for living with a man not her husband and having a child with him. Escritor admitted to the relationship but claimed it was allowed by her religion, Jehovah's Witnesses. The Court held Escritor not liable for grossly immoral conduct, recognizing her right to religious freedom. However, it remanded the case to allow the government to demonstrate a compelling state interest that could override Escritor's religious beliefs and practices. Benevolent neutrality requires accommodating religious morality unless it offends compelling state interests, which the government had not yet shown in this case.
Estrada v. Escritor involved a complaint filed against a court interpreter, Escritor, for living with a man not her husband and having a child with him. Escritor admitted to the relationship but claimed it was allowed by her religion, Jehovah's Witnesses. The Court held Escritor not liable for grossly immoral conduct, recognizing her right to religious freedom. However, it remanded the case to allow the government to demonstrate a compelling state interest that could override Escritor's religious beliefs and practices. Benevolent neutrality requires accommodating religious morality unless it offends compelling state interests, which the government had not yet shown in this case.
Estrada v. Escritor involved a complaint filed against a court interpreter, Escritor, for living with a man not her husband and having a child with him. Escritor admitted to the relationship but claimed it was allowed by her religion, Jehovah's Witnesses. The Court held Escritor not liable for grossly immoral conduct, recognizing her right to religious freedom. However, it remanded the case to allow the government to demonstrate a compelling state interest that could override Escritor's religious beliefs and practices. Benevolent neutrality requires accommodating religious morality unless it offends compelling state interests, which the government had not yet shown in this case.
Estrada v. Escritor involved a complaint filed against a court interpreter, Escritor, for living with a man not her husband and having a child with him. Escritor admitted to the relationship but claimed it was allowed by her religion, Jehovah's Witnesses. The Court held Escritor not liable for grossly immoral conduct, recognizing her right to religious freedom. However, it remanded the case to allow the government to demonstrate a compelling state interest that could override Escritor's religious beliefs and practices. Benevolent neutrality requires accommodating religious morality unless it offends compelling state interests, which the government had not yet shown in this case.
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ESTRADA VS ESCRITOR A.M. No.
P-02-1651, August 4, 2003
FACTS: Complainant Alejandro Estrada wrote to Judge Jose F. Caoibes, Jr., requesting for an investigation of rumors that respondent Soledad Escritor, court interpreter, is living with a man not her husband. They allegedly have a child of eighteen to twenty years old. Estrada is not personally related either to Escritor or her partner. Nevertheless, he filed the charge against Escritor as he believes that she 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. Respondent Escritor testified that when she entered the judiciary in 1999, she was already a widow, her husband having died in 1998. She admitted that she has been living with Luciano Quilapio, Jr. without the benefit of marriage for twenty years and that 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, she executed on July 28, 1991 a "Declaration of Pledging Faithfulness," insofar as the congregation is concerned, there is nothing immoral about the conjugal arrangement between Escritor and Quilapio and they remain members in good standing in the congregation. ISSUE: Whether or not respondent should be found guilty of the administrative charge of "gross and immoral conduct." HELD: 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. Thus, although the morality contemplated by laws is secular, benevolent neutrality could allow for accommodation of morality based on religion, provided it does not offend compelling state interests. It still remains to be seen if respondent is entitled to such doctrine as the state has not been afforded the chance has demonstrate the compelling state interest of prohibiting the act of respondent, thus the case is remanded to the RTC.
Benevolent neutrality is inconsistent with the Free Exercise Clause as far as it
prohibits such exercise given a compelling state interest. It is the respondents
stance that the respondents conjugal arrangement is not immoral and punishable as it comes within the scope of free exercise protection. Should the Court prohibit and punish her conduct where it is protected by the Free Exercise Clause, the Courts action would be an unconstitutional encroachment of her right to religious freedom. The Court cannot therefore simply take a passing look at respondents claim of religious freedom, but must instead apply the compelling state interest test. The government must be heard on the issue as it has not been given an opportunity to discharge its burden of demonstrating the states compelling interest which can override respondents religious belief and practice.
Estrada v. Escritor Digest
Estrada v. Escritor A.M.No. P-02-1651, August 4, 2003 Puno, J.: Facts: 1. Respondent is the Court interpreter of RTC Branch 253 in Las Pinas City. The complainant Estrada requested for an investigation of respondent for living with a man not her husband while she was still legally married and having borne a child within this live-in arrangement. Estrada believed that Escritor is committing a grossly immoral act which tarnishes the image of the judiciary, thus she should not be allowed to remain employed therein as it might appear that the court condones her act. 2. Respondent admitted she started living with Luciano Quilapio, Jr. more than 20 years ago when her husband was still alive but living with another woman. She likewise admitted having a son with Quilapio but denies any liability for alleged grossly immoral conduct because, 1) She is a member of the Jehovahs Witnesses and the Watch Tower Society, 2) That the conjugal arrangement was in conformity with their religious beliefs, and 3) That the conjugal arrangement with Quilapio has the approval of her congregation. 3. Escritor likewise claimed that she had executed a Declaration of Pledging Faithfulness' in accordance with her religion which allows members of the Jehovahs witnesses 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. Held: Escritor was therefore held not administratively liable for grossly immoral conduct. Escritors conjugal arrangement cannot be penalized as she has made out a case for exemption from the law based on her fundamental right to religion. The Court recognizes that state interests must be upheld in order that freedomsincluding religious freedom may be enjoyed.
In the area of religious exercise as 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 the state interest exists, man must be allowed to subscribe to the Infinite.
