Alejandro Estrada filed a complaint for immorality against Soledad Escritor, a lady court interpreter of the Regional Trial Court of Las Piñas City, Branch 253.

The Court Administrator recommended the suspension of Soledad for six months and one day without pay with a warning that repetition of the same offense will be dealt with more severely in accordance with the Civil Service Rules.

The Supreme Court before deciding the case on the merits in a previous decision remanded the case to the Court Administrator with a directive to the Solicitor General to inquire into the truth of the religious doctrine of the Jehovah's Witnesses to which Soledad is a member.

Soledad admitted that she began cohabiting with a married man, Luciano D. Quilapio when her husband was still alive and continued to do so after her husband's death.

She gave birth to a son who is now 20 years of age.

Soledad presented a document entitled, "Declaration of Faithfulness" she executed stating among others, that she pledged to the marital relationship with Luciano D. Quilapio, her live-in partner in accordance with the tenets of her church.

In support of her allegation, Soledad presented Gregoria Salazar, a former presiding minister of the congregation of the witnesses of the Jehovah who affirmed the execution of the document as pledged in accordance with the doctrine of said church, citing a passage from Matthew, 5:32 of the Bible.

Salvador Reyes, a District Minister of the Congregation affirmed the testimony of Gregoria Salazar.

The Jehovah's Witnesses Congregation requires that at the time the declaration are executed the couple cannot secure the approval of the civil authority of the marital relationship.

Soledad asserted that their conjugal arrangement is in conformity with their religious beliefs and has the approval of her congregation. In fact, after 10 years of living together, Soledad executed on July 28, 1981, a "Declaration of Faithfulness" which in part provides: "I will continue to seek the means to obtain legal recognition of this relationship by the civil authorities and if at any future time a change in circumstances make this possible, I promise to legalize this union."

The Supreme Court, in a majority opinion, ruled that Soledad's conjugal arrangement cannot be penalized as she has made out a case of exemption from the law on her fundamental right to freedom of religion. The Court recognizes that state interests must be upheld in order that freedom - including religious freedom - may be enjoyed.

In the area of religious exercise as a preferred freedom, however, man stands accountable to an authority higher than the state, and so the state interest sought to be upheld must be so compelling that its violation will erode the very fabric of the state that will also protect the freedom. In the absence of a showing that such state interest exists, man must be allowed to subscribe to the Infinite. (Estrada vs. Escritor, 492 SCRA 1-125 (2006).

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