The case of the ‘immoral’ witness

Printed in now defunct SunStar Manila
August 10, 2003

By Benjamin B. Pulta

THE case of a court worker who is a member of the Jehovah's Witness and who has been accused of immorality for living with a married man is fueling a serious debate in the Supreme Court (SC).

In a 218-page decision, Associate Justice Reynato S. Puno ordered the government to voice its position in the case even as it remanded the same to the Office of the Court Administrator (OCA) for rehearing its recommendation to suspend a court employee who is a member of the Jehovah's Witness for "gross and immoral conduct."

The accused, court interpreter Soledad Escritor, of Branch 253, of the Las Piñas regional trial court (RTC), claimed in her defense that her cohabitation with a married man is allowed by the Jehovah's Witness, the religious sect to which she and her live-in partner for 23 years, Luciano Quilapio, Jr., belong.

In remanding the case, the Court said the government should intervene in the matter to examine the sincerity and centrality of Escritor's claimed religious belief and practice; look into whether there is evidence on the state's compelling interest to override Escritor's religious belief and practice; and show that the means the state adopts in pursuing its interest is the least restrictive to Escritor's religious freedom.

A letter-complaint dated July 27, 2000, Alejandro Estrada, who is not related to any of the two, asked the presiding judge of the RTC to investigate rumors that the court employee was illegally cohabiting with Quilapio in violation of the revised Administrative Code's provisions against "Disgraceful and Immoral Conduct."

Escritor, who has a son with Quilapio, claims that they have an arrangement in conformity with their religious belief as members of the Jehovah's Witness having executed a "declaration of pledging faithfulness" in 1991 after ten years of living together.

The "declaration" is executed by Jehovah couple-members if they cannot secure approval from the civil authorities of their marital relationship because of legal impediments.

Escritor joined the judiciary in 1999, after her husband's death.

"The government must be heard on the issue as it has not been given an opportunity to discharge its burden of demonstrating that the state's compelling interest can override (Escritor's) religious belief and practice... The careful application of the test is indispensable as how we will decide the case will make a decisive difference in the life of Escritor, who stands not only before the Court but before her Jehovah God," the court said.

At least five magistrates had voted to impose sanctions on Escritor. One magistrate, Consuelo Ynares-Santiago, voted for suspension for at least six months and another, Antonio Carpio, claimed the actions constituted "conduct prejudicial to the best interest of the service."