Estrada v.

Escritor
FACTS:
The respondent, Estrada, is a court interpreter in the Regional Trial Court (RTC) of
Las Pinas City. Complainant Estrada wrote to the judge of the same RTC and requested
for an investigation of rumors that respondent Escritor is living with a man not her
husband and that they allegedly have a child of eighteen to twenty years old.
Estrada is not personally related either to Escritor or her partner nor is he a
resident of Las Pinas City. Nevertheless, he filed the charge against Escritor as he
believes she is committing an immoral act that tarnishes the image of the court and
should not be allowed to remain employed as it might appear that the court condones
her act.
Escritor testified that she was already a widow when she entered the court in 1999
because her husband died in 1998. She admitted that the rumors were true but claims
that her conjugal arrangement is permitted by her religion (Jehovah’s Witnesses and
Watch Tower and Bible Tract Society). She adds that she executed on July 28, 1991 a
“Declaration of Pledging Faithfulness” under the approval of their congregation.
Such declaration is effective when legal impediments render it impossible for a
couple to legalize their union.

ISSUE:
Whether or Not the State could penalize respondent for such conjugal arrangement.

RULING:
No. Escritor is exercising her right to freedom of religion, one of the fundamental
rights of our constitution, and could therefore not be penalized by the state.
Religious freedom, although not unlimited, is a fundamental personal right and
liberty and has a preferred position in the hierarchy of values. It is only where
unavoidably necessary to prevent an immediate and grave danger to the security and
welfare of the community that infringement of religious freedom may be justified, and
only to the smallest extent necessary.