AFOS, JAN ALDRIN E.

CONSTITUTIONAL LAW - II

Estrada V. Escritor: Dissent

In dismissing the administrative complaint against Escritor, the majority opinion

effectively condones and blatantly gives her unlawful cohabitation with Quilapio a
hint of legitimacy while in the eyes of the law, Quilapio remains married to his legal
wife. This condonation in fact somewhat justifies the violation by Escritor and
Quilapio of Articles 334 and 349 of the Revised Penal Code on concubinage and
bigamy.

The compelling interest test as discussed in the case of Sherbert v. Vener in which
the decision dismissing the complaint against Escritor was grounded upon, has long
been abandoned and is not applicable on the foregoing circumstances. In fact, . in the
Employment v. Smith cases, the U.S. Supreme Court set aside the balancing test for
religious minorities laid down in Sherbert. Instead, the U.S. Supreme Court ruled
categorically in the Smith cases that the guarantee of religious liberty as embodied in
the Free Exercise Clause does not require the grant of exemptions from generally
applicable laws to individuals whose religious practice conflict with those laws. Thus,
the use of freedom of religion to justify the dismissal of this case is erroneous and
constitutes as a blatant disrespect to our existing laws and not to mention to the
sanctity of marriage which the Constitution recognizes as an inviolable social
institution.

Escritors defense that her act is in conformity with her religious belief gives the
criminal offense undue credence and would give rise to future conflicts involving
other similar circumstances thus reducing the potency and effectivity of our laws.

Therefore, I do not agree with this decision because my frailty has and will
always will be with the law.