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ANSWER: No, She Is Not Guilty of Immorality On The Ground That Being A Member of Jehovah's Witnesses

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A court interpreter in the trial court was found to be living-in with a separated man without the benefit of

marriage, but the arrangement had the blessing of her religion, which was Jehovahs Witnesses. Charged with
immorality and threatened with dismissal, she pleads religious freedom.
Is the court interpreter guilty of immorality, which warrants dismissal from service in the judiciary?
ANSWER: No, she is not guilty of immorality on the ground that being a member of Jehovahs Witnesses,
she is guaranteed the free exercise of her religion which includes an arrangement to live-in with a separate man
without the benefit of marriage, an arrangement which is allowed by the Jehovahs Witnesses.
In Estrada v. Escritor (A.M. No. P-02-1651, 4 August 2003 and 22 June 2006), the Supreme Court, through
then Senior Associate Justice and now Chief Justice Reynato S. Puno, held that in this particular case and under these
distinct circumstances, respondent Soledad Escritors conjugal arrangement cannot be penalized as she had made out
a case for exemption from the law based on her fundamental right to freedom of religion. The Court recognized that
state interests must be upheld in order that freedoms 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 compelling state interest exists, man must be
allowed to subscribe to the Infinite. The administrative complaint against Soledad Escritor was thus dismissed.
In the case at bar, the constitutional guarantee of the freedom of religion clause under Section 5 of Article III
and under the Supreme Court ruling in Estrada v. Escritor renders the court interpreter not guilty of immorality,
being a member of Jehovahs Witnesses.

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