Estrada v. Escritor, A.M. No. P-02-1651, August 4, 2003

FACTS: On July 27, 2000, Alejandro Estrada filed a complaint with Judge Coijes  against court interpreter Soledad Escritor for living with a man not her husband and having a child with him despite of her being married to another man, and his live-in partner, Luciano Quilapio Jr, married to another woman. Escritor testified that she was already a widow when she entered the judiciary in 1999, and that her husband died in 1998. She admitted that she started living with Luciano Quilapio, Jr. without the benefit of marriage more than twenty years ago when her husband was still alive. She also admitted that she and Quilapio have a son. She also admitted that Quilapio was also married to another woman. But being members of the religious sect known as the Jehovah’s Witnesses and the Watch Tower and Bible Tract Society, they were able to contract a conjugal arrangement in conformity with their religious beliefs and has the approval of the elders in their congregation.  On July 28, 1991, they executed a "Declaration of Pledging Faithfulness." This Declaration may only be entered by parties who want to enter a marital relationship with a person belonging to the same religious sect, but cannot contract such due to legal impediments. However, witnesses from the congregation attested that an investigation will first be conducted by their members to check whether or not the parties contracting the Declaration are already separated from their spouses. In the case at bar, the congregation found out that Escritor is separated from her husband who has another woman, and Quilapio, also separated from his wife. Hence, they were qualified to execute the Declaration in conformity to their religious belief.

ISSUE: Whether or not Escritor is guilty of immoral conduct for living with a man not her husband

HELD: Pursuant to the Freedom of Religion clause of the Constitution, the law recognizes actions which are in accordance to religious beliefs. Escritor executed a Declaration of Pledging Faithfulness inconformity with her religion, Jehovah’s Witness. Escritor is not guilty of immoral conduct and her conjugal agreement with Quilapio is valid.