ALEJANDRO ESTRADA vs. SOLEDAD S.

ESCRITOR
A.M. No. P-02-1651. August 4, 2003.

FACTS:
Soledad S. Escritor, a court interpreter, admittedly while still married to another, cohabited to
Luciano Quilapio, Jr. since 1980, who was himself married to another. Escritor and Quilapio had a
nineteen-year old son. Alejandro Estrada, the private complainant herein, was not personally
related to Escritor nor did he personally know her. However, he wanted the Court to declare the
relationship of Escritor with Quilapio as immoral in consonance with the pertinent provision of the
Administrative Code. In her defense, Escritor contended that under the rules of the Jehovah's
Witnesses, a religious sect of whom she is a member, the act of signing a Declaration Pledging
Faithfulness, is sufficient to legitimize a union which would otherwise be classified as adulterous
and bigamous. Escritor and Quilapio's declarations are recorded in the Watch Tower Central office.
They were executed in the usual and approved form prescribed by the Watch Tower Bible and
Tract Society which was lifted from the article, "Maintaining Marriage in Honor Before God and
Men," in the March 15, 1977 issue of the Watch Tower magazine, entitled The Watchtower.
Escritor alleged that in compliance with the foregoing rules, she and her partner signed the
Declaration Pledging Faithfulness in 1991, and by virtue of such act, they are for all purposes,
regarded as husband and wife by the religious denomination of which they are devout adherents.
Although in 1998 Escritor was widowed, thereby lifting the legal impediment to marry on her part,
her mate is still not capacitated to remarry. Thus, their declarations remain valid. Once all legal
impediments for both are lifted, the couple can already register their marriage with the civil
authorities and the validity of the declarations ceases. The elders in the congregations can then
solemnize their marriage as authorized by Philippine law. In sum, therefore, 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'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.

HELD:
While Escritor's cohabitation with Quilapio conforms to the religious beliefs of the Jehovah's
Witnesses, the cohabitation violates Article 334 of the Revised Penal Code. The State cannot
interfere with the religious beliefs of the Jehovah's Witnesses, in the same way that the Jehovah's
Witnesses cannot interfere with the State's prohibition on concubinage. The free exercise of
religion protects practices based on religious grounds provided such practices do not violate
existing laws enacted in the reasonable exercise of the State's police power. Under the Revised
Administrative Code of 1987, one of the grounds for disciplinary action is "conduct prejudicial to the
best interest of the service." The penalty for a first offense is suspension of six months and one
day to one year. A second offense is punishable with dismissal from the service. Escritor, however,
deserves the same compassionate treatment accorded to a similarly situated court employee in De
Dios v. Alejo if Escritor should end her unlawful relationship with Quilapio. In De Dios, the Court, in
deciding not to dismiss an employee because he finally terminated his cohabitation with another
woman Given the circumstances, it would deem unduly harsh to penalize Escritor for cohabiting for
the last 23 years with a man she believes is her husband and she knows is the father of her son.
No third party has claimed or suffered injury because of their cohabitation. On the contrary,
suspending or even dismissing her for her continued cohabitation would only work hardship on her
family. Accordingly, respondent Soledad S. Escritor is suspended for six months and one day
without pay for conduct prejudicial to the best interest of the service. However, the suspension
shall be lifted immediately upon Escritor's manifestation to this Court that she has ceased
cohabiting with Luciano D. Quilapio, Jr. Moreover, respondent Escritor is warned that her continued
cohabitation with Quilapio, during or after her suspension and while Quilapio's marriage with his
legal wife still subsists, shall merit the penalty of dismissal from the service.