Estrada Vs

Estrada vs.
Escritor
AM P-02-1651, August 4, 2003 ISSUE:
FACTS: Whether or not respondent should be found guilty of the

administrative charge of “gross and immoral conduct” and be
Soledad Escritor is a court interpreter since 1999 in the RTC of Las penalized by the State for such conjugal arrangement.
Pinas City. Alejandro Estrada, the complainant, wrote to Judge Jose
F. Caoibes, presiding judge of Branch 253, RTC of Las Pinas City, HELD:
requesting for an investigation of rumors that Escritor has been
living with Luciano Quilapio Jr., a man not her husband, and had A distinction between public and secular morality and religious
eventually begotten a son. Escritor’s husband, who had lived with morality should be kept in mind. The jurisdiction of the Court
another woman, died a year before she entered into the judiciary. extends only to public and secular morality.
On the other hand, Quilapio is still legally married to another
woman. Estrada is not related to either Escritor or Quilapio and is The Court states that our Constitution adheres the benevolent
not a resident of Las Pinas but of Bacoor, Cavite. According to the neutrality approach that gives room for accommodation of religious
complainant, respondent should not be allowed to remain employed exercises as required by the Free Exercise Clause. This benevolent
in the judiciary for it will appear as if the court allows such act. neutrality could allow for accommodation of morality based on
religion, provided it does not offend compelling state interests.
Escritor is a member of the religious sect known as the Jehovah’s
Witnesses and the Watch Tower and Bible Tract Society where her
conjugal arrangement with Quilapio is in conformity with their The state’s interest is the preservation of the integrity of the
religious beliefs. After ten years of living together, she executed on judiciary by maintaining among its ranks a high standard of
July 28, 1991 a “Declaration of Pledging Faithfulness” which was morality and decency. “There is nothing in the OCA’s (Office of
approved by the congregation. Such declaration is effective when the Court Administrator) memorandum to the Court that
legal impediments render it impossible for a couple to legalize their demonstrates how this interest is so compelling that it should
union. Gregorio, Salazar, a member of the Jehovah’s Witnesses override respondent’s plea of religious freedom. Indeed, it is
since 1985 and has been a presiding minister since 1991, testified inappropriate for the complainant, a private person, to present
and explained the import of and procedures for executing the evidence on the compelling interest of the state. The burden of
declaration which was completely executed by Escritor and evidence should be discharged by the proper agency of the
Quilapio’s in Atimonan, Quezon and was signed by three witnesses government which is the Office of the Solicitor General”.
and recorded in Watch Tower Central Office.
In order to properly settle the case at bar, it is essential that the SILVERIO VS REPUBLIC
government be given an opportunity to demonstrate the compelling
state interest it seeks to uphold in opposing the respondent’s G.R. No. 174689 October 22 2007 [Change of name or sex]
position that her conjugal arrangement is not immoral and
punishable as it is within the scope of free exercise protection. The FACTS:
Rommel Jacinto Dantes Silverio having undergone a sex reassignment surgery,
Court could not prohibit and punish her conduct where the Free sought to have his first name changed from Rommel to Mely, and his sex from
Exercise Clause protects it, since this would be an unconstitutional male to female. Trial court granted his petition. CA, however, upon appeal filed
encroachment of her right to religious freedom. Furthermore, the by the Republic of the Philippines thru the OSG, reversed the trial court
court cannot simply take a passing look at respondent’s claim of decision, holding that there is no law allowing the change of entries of either
religious freedom but must also apply the “compelling state name or sex in the birth certificate by reason of sex alteration.
interest” test. ISSUE:
Whether or not Rommel's first name and sex be changed on the ground of sex
IN VIEW WHEREOF, the case is REMANDED to the Office of the reassignment.
Court Administrator. The Solicitor General is ordered to intervene
in the case where it will be given the opportunity (a) to examine the RULING: No. There is no law authorizes the change of entry as of sex and first
sincerity and centrality of respondent's claimed religious belief and name through the intervention of sex reassignment surgery. Article 376 of the
Civil Code as amended by RA 9048 (Clerical Error Law), together with Article
practice; (b) to present evidence on the state's "compelling interest" 412 of the same Code, change of name or sex in the birth certificate is allowed
to override respondent's religious belief and practice; and (c) to by the courts so long as clerical or typographical errors are involved.
show that the means the state adopts in pursuing its interest is the
least restrictive to respondent's religious freedom. The rehearing Changes sought by Silverio will have serious legal and public policy
should be concluded thirty (30) days from the Office of the Court consequences. To grant this petition filed by Silverio will greatly alter the laws
on marriage and family relations. Second, there will be major changes in statutes
Administrator's receipt of this Decision.
that underscore the public policy in relation to women.
AGUETE V. PHILIPPINE NATIONAL BANK stating that forgery was concluded without adequate proof. It also
found that the loan was used in the expansion of the family
G.R. No. 170166, [April 6, 2011] business.
DOCTRINE: Hence, this petition.
Where the husband contracts obligations on behalf of the family ISSUE:

business, the law presumes, and rightly so, that such obligation will
redound to the benefit of the conjugal partnership. How is the benefit to the family proven so as to render
the loan contracted by the husband binding upon
FACTS: the conjugal property?
Spouses Jose Ros and Estrella Aguete filed acomplaint for HELD:
annulment against PNB before the Court of First Instance of Rizal.
If the husband himself is the principal obligor in the contract, that
Jose Ros previously obtained a loan in the amount of P115,000.00 contract falls within the term “x x x x obligations for the benefit of
from PNB and as security, a real estate mortgage over a parcel of the conjugal partnership.”
land with TCT. No. T-9646 was executed. Upon maturity,
the loan remained unpaid and an extrajudicial foreclosure Here, no actual benefit may be proved. It is enough that
proceeding on the mortgaged property was instituted by PNB. the benefit to the family is apparent at the signing of the contract.
After the lapse of a year, the property was consolidated and Where the husband contracts obligations on behalf of the family
registered in the name of PNB. business, the law presumes, and rightly so, that such obligation will
redound to the benefit of the conjugal partnership.
Estrella Aguete, claiming she had no knowledge of the
said loan nor the mortgage constituted on the land which is part of Court denies the petition.
their conjugal property, contested the transactions and filed for an
annulment of the proceedings. She interposed in her defense that RATIO:
the signatures affixed on the documents were forged and that the
proceeds of the loan did not redound to the benefit of the family. Annulment of the contract will only be granted upon a finding that
the wife did not give her consent to the transaction. Even as Aguete
RTC ruled for the spouses, stating that Aguete may during their disavows the documents supposedly acknowledged before the
marriage and within ten years from the transaction mentioned, notary public, the document carries the evidentiary weight
may ask the court for an annulment of the case. On notice of appeal conferred upon it with respect to its due exececution. It has in its
by PNB, Court of Appeals reversed this ruling and found for PNB, favor the presumption of regularity which may only be rebutted by
evidence so clear, strong and convincing as to exclude
all controversy as to the falsity of the certificate.
Petitioners did not present any corroborating witness, such as a

handwriting expert, who could authoritatively declare that Aguete’s
signatures were really forged.
In her testimony, Aguete confirmed that Ros engaged in such

business, but claimed to be unaware whether it
prospered. Debts contracted by the husband for and in the exercise
of the industry or profession by which he contributes to the
support of the family cannot be deemed to be his exclusive and
private debts. It is immaterial, if in the end, his business or
profession fails or does not succeed, such may still be charged
against the conjugal property of the spouses.

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Estrada Vs

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Estrada vs.

FACTS: Whether or not respondent should be found guilty of the

DOCTRINE: Hence, this petition.

Where the husband contracts obligations on behalf of the family ISSUE:

Petitioners did not present any corroborating witness, such as a

In her testimony, Aguete confirmed that Ros engaged in such

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