Estrada vs Escritur

AM P-02-1651 | August 4, 2003

J. Puno

Facts:
Complainant Alejandro Estrada wrote to Judge Caoibes, Jr., requesting for an
investigation of rumors that respondent, court interpreter in said court, 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 and should not be allowed to remain employed.
Respondent Escritor testified that when she entered the judiciary, she was already a widow, her
husband having died. 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 a “Declaration of Pledging Faithfulness.”

Issue:
Should respondent be found guilty of the administrative charge of “gross and immoral
conduct” and be penalized by the State for such conjugal arrangement?

Held:
No, The case was remanded to the Office of the Court Administrator so that the
government would have the opportunity to demonstrate the compelling state interest it seeks
to uphold in opposing Escritor’s position that her conjugal arrangement is not immoral and
punishable as it comes within the scope of free exercise protection.