Wednesday, July 05, 2006

SC upholds religion-sanctioned ‘conjugal arrangements’ sans marriage

MalayaJ
June 23, 2006UNE 23, 2006

By Evangeline de Vera

IN WHAT is seen as a landmark decision, the Supreme Court has given individuals the green light to enter into "conjugal arrangements" sans marriage if their religion allows it.

Ruling 9-5, with one justice taking no part, the high court dismissed a complaint against Soledad Escritor, a court interpreter and member of the Jehovah’s Witnesses and the Watch Tower and Bible Tract Society, who was accused of "disgraceful and immoral act" for living in with a Luciano Quilapio Jr. and for having borne a child by him.

In the 63-page decision penned by Associate Justice Reynato Puno, the high court gave credence to Escritor’s defense that her "conjugal arrangement" with Quilapio is sanctioned by their congregation and religious beliefs.

The SC said that in the eyes of Escritor’s church, "there is nothing immoral about the conjugal arrangement between Escritor and Quilapio and they remain members in good standing in the congregation."

"The court recognizes that state interest must be upheld in order that freedoms – including religious freedom – may be enjoyed," the SC ruled.

The five justices who dissented (Chief Justice Artemio Panganiban and Justices Antonio Carpio, Consuelo Ynares Santiago, Conchita Caprio Morales, Romeo Callejo) warned the ruling could open the floodgates for people to use religion as an excuse to enter into illegal and immoral conjugal unions.

"The majority opinion will make every religion a separate republic, making religion a haven for criminal conduct that otherwise would be punishable under the laws of the land. Today concubinage, tomorrow bigamy will enjoy protection from criminal sanction under the new doctrine foisted by the majority opinion," said Carpio in an 18-page dissenting opinion.

Citing US jurisprudence, he said the sweeping decision would "make the professed doctrines of religious belief superior to the law of the land" and in effect, "permit every citizen to become a law unto himself."

"This case is about a religious cover for an obviously criminal act," the dissent said.

In a separate opinion, Ynares-Santiago sought the suspension of Escritor for six months for her "disgraceful" conduct in court.

"The exacting standards of ethics and morality imposed upon court judges and court employees are required to maintain the people’s faith in the court as a dispenser of justice, and whose image is mirrored by their actuations," she said.

"The high degree of moral uprightness that is demanded of employees of the government entails many sacrifices that are peculiar to the civil service," she added.

The decision upheld Escritor’s right to the conjugal union as it chose to adhere to the "benevolent neutrality approach in the Constitution that gives room for accommodation of religious exercises as required by the Free Exercise Clause."

"Thus, we find that in this particular case and under these distinct circumstances, respondent Escritor’s conjugal arrangement cannot be penalized as she has made out a case for exemption from the law based on her fundamental right to freedom of religion," the court said.

Escritor and Quilapio on July 28, 1991 executed a "Declaration of Pledging Faithfulness," which "allows members of the congregation who have been abandoned by their spouses to enter into marital relations."

Escritor said the union was approved by the "elders of the congregation" after confirming that her husband had left her.

The complaint was filed on July 27, 2000 by Alejandro Estrada before a Las Piñas court, claiming that such union constitutes an "immoral act that tarnished the image of the court."

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