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    Estrada vs. Escritor Case Digest Estrada vs. Escritor A.M. P-02-1651 August 4, 2003 Facts

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    Migs Gayares
    Escritor, a court interpreter and member of the Jehovah's Witnesses religious sect, has been living with and has a child with Luciano Quilapo Jr. for 20 years without being formally married. A complaint was filed against Escritor for "disgraceful and immoral conduct". Escritor asserted that her conjugal arrangement was allowed by her religion after she was widowed and had executed a "Declaration of Pledging Faithfulness" with Quilapo. While the state has a legitimate interest in enforcing laws of general application, it failed to demonstrate that penalizing Escritor was the least restrictive means of furthering its interest. Given her religious beliefs and practices, Escritor cannot

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    Estrada vs. Escritor Case Digest Estrada vs. Escritor A.M. P-02-1651 August 4, 2003 Facts

    Uploaded by

    Migs Gayares
    71 views1 page
    Escritor, a court interpreter and member of the Jehovah's Witnesses religious sect, has been living with and has a child with Luciano Quilapo Jr. for 20 years without being formally married. A complaint was filed against Escritor for "disgraceful and immoral conduct". Escritor asserted that her conjugal arrangement was allowed by her religion after she was widowed and had executed a "Declaration of Pledging Faithfulness" with Quilapo. While the state has a legitimate interest in enforcing laws of general application, it failed to demonstrate that penalizing Escritor was the least restrictive means of furthering its interest. Given her religious beliefs and practices, Escritor cannot

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    Estrada v Escritor

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    Escritor, a court interpreter and member of the Jehovah's Witnesses religious sect, has been living with and has a child with Luciano Quilapo Jr. for 20 years without being formally married. A complaint was filed against Escritor for "disgraceful and immoral conduct". Escritor asserted that her conjugal arrangement was allowed by her religion after she was widowed and had executed a "Declaration of Pledging Faithfulness" with Quilapo. While the state has a legitimate interest in enforcing laws of general application, it failed to demonstrate that penalizing Escritor was the least restrictive means of furthering its interest. Given her religious beliefs and practices, Escritor cannot

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    71 views1 page

    Estrada vs. Escritor Case Digest Estrada vs. Escritor A.M. P-02-1651 August 4, 2003 Facts

    Uploaded by

    Migs Gayares
    Escritor, a court interpreter and member of the Jehovah's Witnesses religious sect, has been living with and has a child with Luciano Quilapo Jr. for 20 years without being formally married. A complaint was filed against Escritor for "disgraceful and immoral conduct". Escritor asserted that her conjugal arrangement was allowed by her religion after she was widowed and had executed a "Declaration of Pledging Faithfulness" with Quilapo. While the state has a legitimate interest in enforcing laws of general application, it failed to demonstrate that penalizing Escritor was the least restrictive means of furthering its interest. Given her religious beliefs and practices, Escritor cannot

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Estrada vs.

    Escritor Case Digest Clause, provided that it does not offend compelling
    Estrada vs. Escritor  state interests.
    A.M. P-02-1651 August 4, 2003 
    The OSG must then demonstrate that the state has
    Facts:  used the least intrusive means possible so that the
     Alejandro Estrada, complainant, wrote to free exercise clause is not infringed any more than
    Judge Caoibes Jr. requesting for an necessary to achieve the legitimate goal of the state.
    investigation of rumors that respondent
    Soledad Escritor, court interpreter of Las In this case, with no iota of evidence offered, the
    Piñas, is living with a man not her husband. records are bereft of even a feeble attempt to show
     Judge Caoibes referred the letter to that the state adopted the least intrusive means.
    Escritor, who stated, “There is no truth as to With the Solicitor General utterly failing to prove this
    the veracity of the allegation” and element of the test, and under these distinct
    challenged Estrada, “to appear in the open circumstances, Escritor cannot be penalized. 
    and prove his allegation in the proper
    court”. The Constitution itself mandates the Court to make
     Judge Caoibes set a preliminary conference exemptions in cases involving criminal laws of general
    and Escritor move for inhibition to avoid application, and under these distinct circumstances,
    bias and suspicion in hearing her case. such conjugal arrangement cannot be penalized for
     In the conference, Estrada confirmed that there is a case for exemption from the law based on
    he filed a letter-complaint for “disgraceful the fundamental right to freedom of religion.
    and immoral conduct” under the Revised
    Administrative Code against Escritor for In the area of religious exercise as a preferred
    that his frequent visit in the Hall of Justice freedom, man stands accountable to an authority
    in Las Piñas learned Escritor is cohabiting higher than the state.
    with another man not his husband. 
     Escritor testified that when she entered Benevolent neutrality protects religious realities,
    judiciary in 1999, she was already a widow tradition and established practice with a flexible
    since 1998. reading of the principle; it provides accommodation.
     She admitted that she’s been living with
    Luciano Quilapo Jr. without the benefit of
    marriage for 20 years and that they have a
    son.
     Escritor asserted that as a member of the
    religious sect known as Jehovah’s
    Witnesses, and having executed a
    “Declaration of Pledging Faithfulness”
    (which allows members of the congregation
    who have been abandoned by their spouses
    to enter into marital relations) jointly with
    Quilapo after ten years of living together,
    her conjugal arrangement is in conformity
    with her religious beliefs and has the
    approval of the congregation, therefore not
    constituting disgraceful and immoral
    conduct. 

    Issue: 
    Whether or not Escritor is administratively liable for
    disgraceful and immoral conduct. 

    Ruling: 
    NO - Escritor cannot be penalized.

    The Constitution adheres to the benevolent neutrality


    approach that gives room for accommodation of
    religious exercises as required by the Free Exercise

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