Profession of Faith
I, N., with firm faith believe and profess each and everything that is
contained in the Symbol of faith, namely:
I believe in one God, the Father, the A/mighty, maker of heaven
and earth, of all that is, seen and unseen. I believe in one Lord,
Jesus Christ, the only Son of God, eternally begotten of the
Father, God from God, Light from Light, true God from true God,
begotten not made, of one Being with the Father. Through him all things were
made. For us men and for our salvation, he came down from heaven: by the
power of the Holy Spirit he became incarnate of the Virgin Mary, and
became man. For our sake he was crucified under Pontius Pi/ate; he suffered
death and was buried. On the third day he rose again in accordance with
the Scriptures; he ascended into heaven and is seated at the right hand of the
Father. He will come again in glory to judge the living and the dead, and his
kingdom will have no end. I believe in the Holy Spirit, the Lord, the giver of
life, who proceed"'om the Father and the Son. With the Father and the
Son i ,8
is worshiped and glorified. He has spoken
through the Proprts. I believe in one holy catholic and apostolic
Church. I acknowledge one baptism for the forgiveness of sins. I look for
the resurrection of the dead, and the life of the world to come. Amen.
With firm faith, I also believe everything conta'lned in the W6fd of
God, WhEJthElt Wlitten or t'1tihdel:1 doWn In TrEldltlonl Whloh the OMUfCh,
either by a solemn judgem~nt or by tha ordinary and universal
Magistetium, sets forth to be believed as dlvin!!ly revealed.
I also firmly accept and hold each and everything definitively proposed
by the Church regarding teaching on faith and morals.
Moreover, I adhere with religious submission of will and intellect
to the teachings which either the Roman Pontiff or the College of Bishops
enunciate when they exercise their authentic Magisterium, even if they do not
intend to proclaim these teachings by a definitive act.
Oath of Fidelity on Assuming
an Office To Be Exercised in the Name of the Church
'"
(Fnrmula to be used by
members of the Christian faithful mentioned in canon 833, nn. 5-8).
I, N., in assuming the office of___, promise that in my words
and in my actions I shall always preserve communion with the Catholic Church.
With
great care and fidelity I shall carry out the duties incumbent on me toward the
Church, both universal and particular, in which, according to the provisions of
the law, I have been called to exercise my service.
In fulfilling the charge entrusted to me in the name of the
Church, I shall hold fast to the deposit of faith in its entirety; I
shall faithfully hand it on and explain it, and I shall avoid any teachings
contrary to it.
I shall follow and foster the common discipline of the entire Church
and I shall maintain the observance of all ecclesiastical laws,
especially those contained in the Code of Canon Law.
With Christian obedience I shall follow what the Bishops, as authentic
doctors and teachers of the faith, declare, or what they, as those who govern
the Church, establish.
I shall also faithfully assist the diocesan Bishops, so that the
apostolic activity, exercised in the name and by mandate of the Church, may be
carried out in communion with the Church.
So help me God, and God's HOly Gospels oh which I place my hand.
(VariatiollS in the fourth and fifth paragraphs of the
formulary. for use by those
members of the Christian faithful iIIdicated in can. 833. . n. 8),
I §hall foster the common discipline of the entire Church and I shall
insist on tha observance of all ecolesiastlcallaws, espeoielly those cont8ined in the
Code of Canon Law.
With Christian obedience I shall follow what the Bishops, as authentic
doctors and teachers of the faith, declare, or what they, 8SthOse who govern
the Church, establish. I shall also - with due regard for the character
and purpose of my institute - faithfully assist the dincesan Bishops, so that the
apostolic activity, exercised in the name and by mandate of the Church, may be
carried out in communion with the Church.
Teaching office of the Church
(Change and corrections in C. 750)
A. Canon 750 of the Code of Canon Law will now consist of two
paragraphs; the first will present the text of the existing canon; the
second will contain a new text. TIlUS, canon 750, in its complete form, will
read:
"Canon 750 § I. Those things are to be believed by divine and
catholic faith which are contained in
the word of God as it has been written or ,handed down
by tradition, that is, in the single deposit of faith entrusted to the Church,
and which are at the same time proposed as divinely revealed either by the
solemn Magisterium of the Church, or by its ordinary and universal Magisterium,
which in fact is . manifested by the common adherence of Christ's
faithful under the guidance of the sacred Magisterium.
All are therefore bound to avoid any contrary doctrines.
"§2. Furthermore, each and everything set forth definitively by
the Magisterium of the Church regarding teaching on faith and morals must be
firmly accepted and held; namely those things required for the holy keeping and
faithful exposition of the deposit of falUl; therefore, anyone who rejects
propositions which are to be held definitively sets himself against the teaching
of the Catholic Church."
Canon 13 71 of the Code of Canon Law, consequently, will receive an
appropriate reference to canon 750 §2, so that it will now read:
"Canon 1371 The following are to be punished with a just penalty:
" 1 It person who, apan: from the case mentioned in canon 1364 §
I, teaches a doctrine condemned by the Roman Pontiff, or by an Ecumenical
Council, or obstinately rejects the teachings mentioned in canon 750 § 2, or in
canon 752 and, when warned by the Apostolic See or by the Ordinary, does nOt
retract;
2", a person who in any other way does not obey the lawful command
or prohibition of the Apostolic See or the Ordinary or Superior and, after
being warned, persists in disobedience."
1The Teaching Office of the Church
1. Introduction:
The Ultimate teaching authority is God the Revealer and His Son Jesus
Christ. The role of any human mediator is to help others to know what God has
said and what his word means here and now. The Apostles and the apostolic men
were chosen by God as authorised witnesses to the Christ event. The teaching of
the Apostles was recognised as normative for the faith of the Christian
community. The Apostles entrusted the message to the Church and the faith of
the Church is normative for the faith of the individual who wish to belong to
it. In tbe Church, the bishops, successors of the Apostles are authorised
witnesses to preach and teach God's word.As Dei Verbum puts it The Bishops
(Magisterium) are not above the Word, but they serve it, teaching only what has
been handed on, listening to it devoutly, guarding it conscientiously, and
explaining it faithfully(DY.IO).The Magisterium of the Church has the following
duties to fulfil:
a) Pie audit: The
Magisterium's first duty is to listen to the word allow the word to take root
in the heart The 'Ecclesia
docens"(teaching
Church) must first of all an "Ecc1esia discerns"(listening neaming
Church)
b) Sancte custodit:
The- Magisterium has to interpret - the deposit of the faith authentically
and also to guard it with
dedication.
c) Fideliter e~: The
Magisterium has to expose and explain the Word. This is possible by listening
to the Word,
listening
to the Church and listening to the World.
The Teaching Office in 1983 Code:
Book 1lI of the 1983 Code tries to deal with the
Teaching Office of the Church in a broad way.The task of carrying out the
teaching office in the Church is not solely depending upon the hierarchy, but
also upon all the Christian faithful, because, they are partakers in the
p'roohetic office of Christ(c.204.1);thcy have the baptismal duty to
work tor the extension of the divine
message of salvation( c. 211) .
In this Book on "The Teaching Office of the Church", the
ordering of five titles signals ministerial priorities. The first one is
ministries of Divine word,namely, preaching and catechetics.The second one is
the missionary activity of the
. Church. The Church is essentially missionary and
this task belongs to every one of its members. The other three areas are
Catholic Education,Instruments of Social Communication and the Profession of
Faith.
Introductorv
canons:
c.747#1: This canon is based on several texts of Vatican
II.(Cf.LG.9-17,31,34-36; see also c.204#1).The Church has the duty and the
right to proclaim the Gospel and this is inherent in its very nature and is
derived from Christ Himself.This right is independent of any earthly power.
c.747#2: The Church has the obligation and right not only for
the proclamation oftruth, but also of moral principles both for
the individuals and for the society. The Church also has the right to pass
judgements regarding ~damental rights;
:' 748: The
canon speaks about a dual obligation-to s«ck the truth and to embrace it when
it is found(I;>H.2). This right for freedom of conscience and religion is
affirmed by article 18 of the Universal Declaration of Human Rights approved
and proclaimed by the United Nations in 1948.
The second paragraph
is very relevant in today's context: no one is forced to embrace
Catholic faith against one's conscience. This principle is found in c.13 51 01
1917 Code. This reflects the teaching of the Church from earliest
centuries St.Augustine, Contra Litteras Petiliani- Patrologia latina 43, c.3
IS.
Pope Leo XllI
enc.lmmortale Dei(1.11.1885)
Pope Pius XII, address
to the Roman Rota(6.10.1946)
The teaching of the Church in recent times also speaks about the same
principle. Ipe John Paul 11 in his Encyclical "Redemptoris Missio"
clearly tells us the meaning of Religious Freedom( Ref. "Redemptoris
Missio", Nos.8,39) The latest post Synodal Apostolic Exhortation
"Ecclesia in Asia" insists on freedom of conscience (Ecclesis in
Asia, No.20)
c. 749 :This canon speaks about the Infallible authority.
of the Supreme P°l!tit;f. The
first paragraph is
based on Pastor Aeternus. ch.4. o~ Vatican CouncH I.(LG.25).Thc: second
paragraph is based on Dei Filius.ch.3. of
Vatican Council! (LG.25). lfifallibility'is manife$ted in three Ways:
I. Supreme Pontiff alone (c(;.330-341)
2. The Bishops as a
College tOgcther with the Suptdme Pontiff in an Ecumenical Council.
3. Ordinary and Universal Magisterium(Bishops all over
the world when they are'not in Council, but united together with the Supreme
Pontiff declare a doctrine concerning faith and morals) e.g."Tuas
Libenter" of Pius IX (1863); "Humane Vitae" of Paul VI.
~c. 750: This
canon speaks about the first categories of truths to be believed; these should
be believed by Divine and Catholic Faith"These truths should be:
a) part of the deposits
of faith-contained in the word of God either written or handed over by the
tradition of the Chure.h. b) proJX>sed for belief as divinely revealed
either by a solemn Magisterium of the Church( by Pope or by an Ecumenical
Council) or ~ry and universal Magisterium.
The faithful not only
believe what is formally proJX>sed to them, they must also avoid
any doctrine contrary to what is
divine and Catholic faith. .
c. 751: This canon speaks about three serious offences against
the faith and the Community of the Church:
a) Heresy:
Obstinate denial or doubt after baptism of a truth which should be
believed by divine and Catholic faith. Obstinate denial means persistence
in denial and in doubting.!n Heresy the matter which is denied or doubted
should be a truth which is to be believed by divine and catholic faith( c.
750)
b) Apostasy: Total
rejection oqhe Christian f:U.tb received after baptism.!t should be
a total rejection which takes place if
a person
formally jOined another sect which e.g.denied the divinity of Christ or totally
abandoned religion.
.c) Schism: Withdrawal
of submission !~tthe Supreme Pontiff or from communion with the
memberS ,of the Church.There
should be a real repudiation of authority, not a simple act of
disobedience.
The offences defined
in this canon carry with them some serious penalties and consequences(
Ref:cc.1364,194#1, 20;1044#1.20;1184#1,10)
c. 752: This canon
speaks about the authentic' Magisterium of the Pope and the college of Bishops.
When either teaches authentically, but not infallibly. the faithful are
required to give an internal assent. not just an e1tternal adherence.but
this does not call for an assent of faith.
c. 753: This canon
speaks about a further level of authentic teaching ofthe Magisterium. i.e., the
bishops teaching authority both as individuals and as members of Bishop's
Conference. When they teach authentically in cortununion with the head and the
bishops, the faithful arc bound to adhere to this with a religious submission
of mind.
'c.754:This canon covers yet a further level of response. All faithful
are obliged to observe the constitutions and decrees issued in doctrinal
matters by lawful ecclesiastical authority, particularly by the Pope and the
college of Bishops. Other less solemn pronouncements such as circular letters.
notifications. instructions should receive proportionate respect.
c.755: This canon
speaks about Ecumenical movement.(for further and detailed study, refer to the
Ecumenical Directory issued by the CBCI commission)
2. Mini!!tl")' of the Dhine Word
A.Ministry of the Divine Word: The Word of God is a broad concept in
Catholic Theology that refers to God's self communication to humanity
expressed in various forms. notably in Sacred Scripture, Tradition and
in the person of Christ himself. the Word Incarnate."The ministry of the
Word is the communication of the message of salvation ;it brings the gospclto
humanity"(General Catechetical Directory, 1971).Christ is the content and
object of the ministry of the Word.
I)Goal and Sources: (c.760)The objective of the
ministry of Divine Word is to present faithfully the mystery
ofChrist(ref.: CD no.12; "Catechesi Tradendae"(John Paul II) no.5.)
2)Various Means: (c.761)This canon treats about the means of
proclaiming Christian teaching. According to Dei Verbum, pastoral
preaching,catechetics as well as all forms of Christian instructions and the
liturgical homily which holds the pride of place-allthesc are different means
of the ministry of the Word. The General Catechetical Directory speaks about
the following forms:evangelization.catcchesis, liturgy and the science of
theology(Gen.Cat.Directory,n.19) ,
3) Participation in
the Ministry of Divine Word. The enHre Church has the innate duty and right to
preach the gospel to all nations(c.747.J)ln a profound sense the People
of God itselfisJhe ~i~_minister of the Word.
a. The Supreme
Authority: (c. 756.1) For the Universal Church the munus of preaching the
Gospel has been entrusted in
a special
way to the PODe and the Coll~e of Bishop-s'
b. Bishops(c.756.2)preaching
the Gospel is onc of the important duties of the
Bishop(cf.LG.21.2S;CD.12.
14 ;cc. 3
86, 763.771,773,775 .1, 7~0 )The munus of preaching can simultaneously be
fulfilled by several Bishops through
plenary
and provincial council$, Episcopal conferences and circular letters.
c. ~tcr5
and Dcacons(c.757) Priests are consecrated to preach the Gospel,shephcrd
the faithful and celebrate divine
worship,
and they announce the divine Word to all(LG.28)They arc exhorted to share: with
all humanity the word of
God(cf.Ordination
to Priests,NQ.14;PO.4.SC.35;cc .771.773.794.3)
Deacons have the faculty t~r~h(c.764);they serve
the people of God in the threefold ministry of
liturgy,word
and charity(LG.29)
d. ReI~ous(c.758) Religious
participate in the ministry of the Word through their consecration and
through their life
they give
testimony to the Gospel(c.678)
e. Lai-'!y(759)They
are deputed to this ministry by means of their baptism and confinuation
(cf.230,222.3.,230.l
2; 766.
776. 784-785,805.812)
1B.Preaching: Preaching is the
proclamation of the Word of God by which God's people are brought
together(c.762) and nurtured in their faith and life,for the glory of God and
salvation of mankind( c. 768)Evangelii Nuntiandi defines preaching as ~. the spoken
proclamation of the message Qf God. ..
1. Ministers of
preaching:
Bishops: (c. 763 )Bishops can preach everywhere even outside
their territorie.s, but they can be restricted by a local
bishop.!t
is a right for them.
Priests and
deacons: (c.764-765)They can preach
anywhere with at least presumed permission of the
rector of the Church. Deacons also share in the Bishop's function
ofprcaching.Il'ls not a right. but a
faculty granted to
the orcas:her.Therc are certain
restrictions:
i)~ Competent authonty can restrict or re~ove this
grant.
ii) Particular legislation may require
a permission.
iii) The Rector of a Church can refuse
pennission.
iv) A priest or deacon may not exercise
the faculty to preach when this will be to a religious
community.
- Lavocrsons: (c.766)Lay-"pctSons ean
be admitted to preach in a church or oratory. This is a
permission. Dot a
faculty
granted(cf.Communicationes,15(l983).The Rector of a church can grant this
pennission, if necessity
requires
it, if usefulness argues for it, and in that case it can not pe a homily .'
( ref.: Studia
Canonica, 1994 pp.35-36; also directives of the CBCI)
2. FOffilS
oforeaching:Before the 1983 Code. four forms of preaching were treated
:Evangelization,catechising,
preaching
and homily. Now two forms are included in the 1983 Code: h~iIy and other
forms of~reaching.
Homilv(c.767; SC.52):
Homily is part of the Liturgy. The homily. therefore. is an integral
part of the Liturgy of the Word at Mass. (Note that the tenn "sermon"
refers to a talk on a religious subject, whereas "homily"
refers specifically to the explanation and application of Sacred Scripture.) For
good reason then "The Constitution on the Sacred Liturgy"
asserted, "The homily, therefore. is to be highly esteemed as part of the
liturgy itself. In fact, at those Masses whieh are celebrated on Sundays and
holy days of obligation, with the people assisting, it should not be omitred
except for a 'serious reason" (No. 52). According to the
"Generai instruction on the Roman Missal" (1970) which provides the norms
for the offering of Mass, a homily is to be given on Sundays and holy days of
obligation at Masses celebrated with people. A homily is also recommended
for daily Masses or other Masses with a congrcgation, especially during
Advent, Lent and Easter sc;":on. (Cf. No. 42.)
However, in thc aftcrmath of the liturgical renewal, the Holy Sce saw
the need to clarify certain norms and frankly to correct some abuses.
particularly that of someone other than a priest delivering a homily during
Mass. The Sacred Congregation for Divine Worship issued its "Third
Instruction on the Correct Implementation of the Constitution on the Sacred
Liturgy" (1970) and clearly asserted, "The homily is the task of
the priest." Ten years later, the same congregation, now named The
Sacred Congregation for Sacraments and Divine Worship, repeated the
regulation: "The Homily is to be given by the priest or deacon" (No.
3). These principles havc been incorporated into the Code of Canon Law, again
asserting the duty of the priest (or deacon) to preach the homily during
Mass but also restricting the privilege to him alone (Canon 767). Note
that lay persons may preach if necessary in certain circumstances or under
special conditions outside the context
of Mass (Canon 166);
however, during the celebration of Mass, the privilege and duty of
preaching remainS with the priest
alone.
Most recently, in 1997, eight Vatican offices issued an instruction
entitled "Some Questions Regarding Collaboration of Non ordained Faithful
in Priests' Sacred Ministry." Here again, the point is clearly made:
"The homily, therefore, dutjng the cclcbration of the Holy Euchari~t, must
be reserved to the sacred minister, priest or deacon, to the
exclusion of the Don ordained faithful, even if these sHould have responsibilities
as 'pastoral assistants' or catechists in whatever ~ of community
or group. This exclusion is not based on the preaching ability of sacred
ministers nor their theological preparation. but on that function which
is reserved to them in virtue of having received the SaCrament of Holy
Orders." (Cr. Article 3,)
"
"In
his homily, the priest has the opportunity to explain the mysteries of the
faith and their relevance for today's life, He should exhort the people to live
the fullness of the gospel message, presenting Christian moral principles and
their application. A good homily should involve the explanation of the Sacred Scriptures,
the catechesis of Christian doctrine and the exhortation to live the
faith. Consequently, the priest must not shy away from his duty to chalfenge
his people to embrace the word of God
iridtOlive an authentic Christian life. (Cf. No. 52.)
Diocesan Bishop cannot dispense from the prescription
in c.767.1 which reserves the homily to a priest or deacons(ref.: Reply of the
Ponl. Commission for the authentic interpretation of Code,29 .4.1987; AAS,79(
1987)p.1249).
3 .Cootent
ofpreaching(c.768)ihc contents of preaching is not only include Ood's glory
and human sttlvation, but
also the social tcacl!!ng
ollltuman and family life, sociaJ and temporal matter* also can be
used as content. (ReCThe Priest and the Third Christian Millennium ",
Congregation for the Clergy,Cb.2,2)
4. b.1mro.m:i~te
accoptmodation (c. 769) Preaching should be adopted according to the situation
of the {!C01'le in
the Modern world (G5.4).To preach to the people in their own language
is very impOrtant. 5. Parish Missions(c.770) Retreats or missions in the
parishes should conducted frequently. 6. Special nceds(c.771)Special care
and concern should be given to those who are not able to ben~t from ordinary
pastoral care. These are: Those who lack ordinary pastoral
care, those who are not baptised, hose who have fallen
away from
religion and those who do not profess their faith.
7.
Further Norms(c.772)The diocesan bishop has the duty to oversee the
ministry of preaching(c.386.I)Radio and
TV cover
a wider area than the diocese and Christian teaching on these media is subject
to norms laid by the
appropriate
Bishops Conference.
C. Catechetical Formation:
Catechesis is that form of the ministry of the word directed to those
who have been evangelized, that is, who have heard the gospel and responded in
faith. "Catechesis is an education of children, young people and
adults in the)iilllt which includes especially the tcaching of Christian
doctrine imparted, generally speaking, in an organic and
systematic way, with a view to initiating the hearers into the fullness of
Christian life" (John Paul 11, Catechesi Tradendae,16.1O.1979, no.18).The
purpose to develop in belie"crs a living, explicit and active faith,
enli~'htened by doctrine(cf.CD.no.14)Catechetical instruction aims at rendering
that faith live~y, explicit and operative. In other words, it is the local
community's effort to make disciples out of believers, to nurture them in
Christian living, and help them develop and mature in faith. The entire COil:
'1Unity is responsible for this ongoing process, especially those charged with
pastoral leadership and parents in regard to their own children(cc.773-774)
The bishop is to
facili(fJte and oversee the catechetical effort in the diocese making sure
that guidelines and materials are avail'able and that catechists are properly
trained.(cc.775,780)
The parish priest has a ~9ntr~rdinllting responsibility to
provide for the catechcllcal formation of adults, young people
. and children in the parish. For assislanco in
this complex task, he can call upon other clerics, religiOus, catechists and
other
lay persons. all ofwho!n atc admonl.hed to be Bcn~rous with their
hclp(c.776)
There are special types of catechesis entrusted to the parish pricst(
c. 777) :
I. Catcchesis given at
the time of the cclcbrati9D nf 'Dcmmcttts. In this regard follow the
principles given in cc 8' 1,10631064
2.Childrcn should be
prepared for first confession. first communion, and confirmation
3.Further catechesis for children afti~fircf
communion. ' ...
4.Catechesis for
handicapped c~ ~nd adults. The General. Catechetical Directory says: "This
task may not be relegated to a secondary or subsidiary place...CcifeChesis must
offer these the possibility of living the life of faith in keeping with their
state"
5.Catechesis for
adults and young people
Religious arc to see to it that catechetical formation is given to
those served by their churches, schools and missions and other apostolates (c.
778)
5~3. Missionary Activity of the Church:
TIll., Church is m!ssionarv by its very nature.. and
evangelization is a fundamental duty of the people of God. Therefore
every onc of the Christian faithful has a role in the missionary effort. Each of
them has "the obligation and the right to strive so that the divine
message of salvation may more and more reach an people of all times and
all places"(c.211)
a. Missionary activity: Missionary activity means spreading the
kingdom of God and preparing the way for his coming, more specificaIJy
the mission "Ad Gentes" has the objective: 'to found Christian
communities and develop churches to their full maturity' (Redemptoris
Missio,no.48)It aims at imphmting the church wh...;rc it has not yet taken
root. It means
. sending heralds
of the gospel among peoples who have not heard it, until young churches
are fully established and able to mount
their own evangelizatio~ efforts(c.786)
The Pope and the coIJege of Bishops direct and
coordinate the church's missionary effort. Individual bishops share the concern
for this missionary work and they are to foster it in their dioceses
(cc.782,791)Those bishops in mission territories are to supervise and
coordinate the activity of missionaries in their
dioceses(c.790.Religious men and women because of their consecration to
the church, are to engage in missionary activity(c.783)
b. Missionaries: Missionaries are those who are sent to engage
in missionary work; they may be native or foreign, presbyters, deacons,
religious or lay persons( c. 784 )Missionarics strive to establish sincere
dialogue with non-Christians by means of their words and the witness of
their lives; they try to open ways for them to come to an understanding of
the gospel. They teach the truths of the faith to those who seem
ready to accept the gospel message so that they can be baptized, if and when
they request it (c.187)
c. Catechists: Catcchists are lay persons well instructed and
known to be good Christians, who assist missionaries by teaching the gospel,
leading liturgical celebrations and promoting works of charity(c.785)
The Church's Magisterium, when It speaks of catcchists "in
mission lands", treats the subject as an important one and gives space to
it. The Encyclical "Redemptoris Missio", 'for instance, describes
catcchists as "specialized workers, direct witnesses, indispensable
evangelizers, who represent the basic strength of Christian communities,
especially in the young Churches". The Code of Canon Law has a
canon on catcchists involved in strictly missionary activity and describes them
as "lay members of Christ's faithful who have received proper
formation and are outstanding in their living of the Christian life.
Under the direction of missionaries, they are to present the Gospel
teaching and engage in liturgical worship and in works of charity".
This description of the catechist corresponds with that of the
CEP in its 1970 Plenary Assembly: "The catcchist is a lay person specially
appointed by the Church, in accordance with local needs, to make Christ known,
loved and followed by those who do not yet know Him and by the faithful
themselves".
To the catechist, as indeed to other members of the
faithful, may be entrusted, in accordance with the canonical norms, certain
functions of the sacred ministry which do not require the character of
Holy Orders. The execution of these functions, when a pries! is not
available, does not mak~ a pastor of the catechist, inasmuch as he or
she derives legitimation directly from the official permission granted by the
Pastors. However, we may recall a clarification made in the past by the CEP
itself: in his or her ordinary activity, "the catechist is not a simple
substitute for the priest, but is, by right, a witness of Christ in the
community". (cf. Guide for Catechists, Congregation for Evangelization of
Peoples,03.l2. 1993, no.3)
d Catcchumcns: Those who show a willingness
to embrace Christian faith arc to be enrolLed in the catechumenate.The
catechumens are initiated into the mystel1' of salvatiolt and
introduced to the life and apostolate of the People of God.(c.788).Because
of the specials way in which catechumens are linked with the Church,
they may be given blessings(c.l_170) and churc~ funeral rites(c.1183.1);
on the other hand, if they wish to marry ~tholics, they remain bound
by the impedirnent of disparity ~and need to be
dispenscd(c. 1086.1)
P e. The
Catcchumerrultc: The catcchumenate is not a mere e""",ilion of
dogmatic tndhs and norms of moratity, but a
~. period of formation io the whole Chri,tian life through which the catcchumcns
should he properly initiated into the
mystery
of salvation by a successive sacred rites.
f. Neophytes: Neophytes are those who have been baptized recently.
After baptism. the new Christians continiJe to grow in their understanding
of the gospel truths and their own Christian duties; they come to love Christ
and his church(c.789)
4. Catholic Education
Education should aim
at " the fonnation of the whole person so that all may attain their eternal
destiny and at the same time promote the common good of the society"
(c.795). The same canon tells us that education should help the children in
such a way that "their physical, moral and intellectual talents may
develop in a hannonious manner, so that they may attain a greater scnsc of
responsibility and a right use of freedom and be fonned to take an active part
in social life. to
The purpose of Catholic education is embedded in its
spiritual, sacred. religious and Cathnlic MQfS. Any commitment to Catholic
education has its origin in the command of Jesus that the good news IS preached to everyone.
The Catholic Church has always regarded
educ.ation as onc of the main ways in whicfi the good news ot
Jesus is proclaimed and spread. The Church has the du and the right to
educate people, because of its divinely given mission to help them attain the
fullness oftheir Christian lives. The hurch seeks io'vindicate its right
againsi sometimes~hoSti1e governments.
Parish priests have t~e responsibility to sce that
all of the faithful can enjoy some fonn of Catholic education.(794.2)The
duty of the parish priests in their parochial ministry to do all in their power
tpo provide for a Catholic education corresponds to the right of the faithful
to Christian education" which genuinely teaches them to strive for the
maturity oC the human person and at the same time to know and live the
mystery of salvation( c.2 17)They may make such provision in different ways
according to the local circumstances; e.g., they could set up their own Church
funded schools.
a.
Schools
The Catholic school is, therefore, a significant
evangelizing in11uence for the Church. The Catholic school is committed thus to
the development of the whole person, since in Christ, the perfect human being,
all human values find fulfillment and unity. Herein lies the specifically
Catholic character of the school. Its duty to cultivate human values in their
own legitimate right in accordance with its particular mission to serve all
people has its origin in the figure of Christ.
The Congregation for Catholic Education in a document given on
7.4.1988, clearly spells out some guidelines for Catholic schools .In that
documents it explains the purpose of catholic schools:
"The Catholic school has had a clear identity, not only as a
presence of the Church in society, but also as a genuine and proper instrument
of the Church. It is a place of evangelization, of authen!ic 8oostOlate and
of pastoral action - not through
complementary or parallel or extracurricular activity, but of its very Dature:Rs
work of educating the Christian
person. The words of the present Holy Father make this abundantly clear:
"the Catholic school is not a marginal or secondary clement in the
pastoral mission of the bishop. Its function is not merely to be an instrument
with which to combat the education given in a State school" (no.33)
"The Catholic school finds its true justification
in the mission of the Church; it is based on an educational philosophy in which
faith, culture and life are brought into hannony. Through it, the local Church
evangelizes, educates, and contributes to the fonnation of a healthy and
morally sound life-style among its members. The Holy Father affinns that
"the need for the Catholic school becomes evidently clear when we consider
what it contributes to the development oC the mission of the People of
God, to the dialogue between Church and the human community. to the
safeguarding of freedom of conscience...". Above all, according to the
Holy Father, the Catholic school helps in achieving a double objective:
"of its nature it guides men and
women to human and Christian perfection. and at the same time
helps them to become mature in their fa.ith.
For those who believe
in Christ, these are tWo facets of a single reality" (n.34)
7Catholic parents have the right
and duty to choose those means, in their local circumstances, which best
promote the Catholic education of their children. Parents should send their
children to those schools which provide for their childr~n's Catholic
education. If they cannot do this, they are bound to ensure the proper
Catholic education of their children outside the school. Wherc, despite all the
efforts that have been made to provide a Catholic school, no suitable school is
available, parents should seek help from the parish clergy and catcchists to
assist them in their duty to their children.
"
For the Catholic teacher, teaching is far
more than a iob. It is a m~ a calling from God If the Caf"olic
school is meant to share in the spreading of the gospel message,
then the Catholic teacher is a minister of the gospel. This ministry is taking
place in a prevalent cultural milieu where secular values do not always support
gospel values. The Catholic teac;her is called to teach in such a way that
students and all who are part of the Catholic school community are influenced
by the values proclaimed and lived by J~~: Pope Paul VI reminds us in
his encyclical letter on the evangelization of peoples, I~'vangeli
Nuntiandi:
As professional educators in the Catholic school. teachers are called
to be securely rooted in the Catholic tradition. They are encour.lged to grow
in the understanding of the meaning and purpose of Catholic schools. Throughout
the Catholic Teacher Education Program and throughout the PI\:-service
Religious Education Course. teachers preparing to teach in Catholic sehools arc
provided with an opportunity to be involved in on-going faith development. In
this way, they can grow in their own knowledge of the Catholic faith,
and be beUer prepared to accompany
students on thCII Journey of faith.
b.
Catholic Universities and Institutes
The Church. in its
exercise of its teaching office. claims the right to found and operate
insatitutions of higer leaming(c.807)The Bishops' Conferences arc to sec to the
establishment and distribution ofsucb schools in their
tcrritorics(c.809)Sisbops arc to to provide for the establishment of faculties
or chairs of theology in catholic universities(c.811)Bishops are alsq, to
provide for the pastoral care of college students by means of parishes or other
forms of campus ministry(c.813)
On August 15, 1990,
Pope John Paul 11 issued an apostolic constitution on Catholic higher education
entitled E'( corde Ecclesiae. The Apostolic Constitution described the
identity and mission of Catholic collc,"'s and universities and provided
General Norms to help fulfill its vision.
Catholic universities give proof of being rigorously serious as a
member of the international community of knowledge and expresses its Catholic
identity through an explicit link with the Church, at both local and universal
levels - an identity which marks concretely the life, the services and the
programs of the university community. In this way, by its very existence, the
Catholic university achieves its aim of guaranteeing, in institutional form, a
Christian presence in the university world This relationship is clarified
through dialogue that includes faculty of all disciplines, students, staff,
academic and other administrative officers, trostees, and sponsoring religious
communities of the educational institutions, all of whom share responsibility
for the character of Catholic higher education. The bishop and his
collaborators in the local Church are integra1 parties in this dialogue. The
Catholic university is related to the local and universal ecclesial
communitt'"as well as to the broader society and the higher education
academy. In this document we are directing special attention to the
relationship between universities and Church authorities. Ex corde Ecc/esJae
provides one of the ecclesiological principles to address this specific
relationship.
Bishops have a particular responsibility to promote Catholic
Universities, and especially to promote and assist in the preservation and
strengthening of their Catholic identity, including the protection of
their Catholic identity in relation to civil authorities~This will be achieved more
effectively if close personal and pastoral relationships exist between
University and Church authorities, characterized by mutual trust, close and
(,of/sistent ('ooperation and continuing dialogue. Even though they do not
enter directly. into the internal
Fgovcrnmcnt of
the Univcrsity. Bishops "should be secn not as cxtcrnal agents but as
participants in the life of the Catholic University."
Catholic identity lies at the heart of Ex corde Ecclesiae. Catholic
universities, in addition to their academic commitments to secular goals and
programs. should excel in theological education, prayer and liturgy, and
works of chari1Y~These rcligious activities. however. do not alonc make
a university "Catholic." There are four Wstinctivc characteristics
that are essential for Catholic identity:
1. Christian inspiration i~ individuals and the university
community;
2. Reflection and
research on human knowled~c in the light of the Catholic faith;
--
"'"
3. Fidelity to the
ChrWmO-IDessage in conformity with the Magisterium of the Church;
~.
Institutional commitrn~nUo the service of others
-'-
Catholic universities cherish their Catholic tradition and, in many
cases, the special charisms ofthe religious communities that founded them.
Catholic universities enjoy institutional autonomy: as academic institutions
their governance "is and remains internal to the institution." In
order to maintain and safeguard their freelychosen Catholic identity, it is
important for Catholic universities to set out clearly in their official
documentation their Catholic character and to implement in practical terms
their commitment to the essential elcments of Catholic identity, including the
following:
.Commitment to
be faithful to the teachings of the Catholic Church;
.Commitment to Catholic ideals. principles and attitudes
in carrying out research, teaching and all other university activities,
including activities of officially-recognized student and faculty
organizations and associations. and with due regard for academic freedom and
the conscience of every individual;
.Commitment to ~erve
others. particulprly the poor. underprivileged and vulnerable members of
society;
.Commitment of witness of ,he Catholic faith by
Catholic administrators and teachers, especially those teaching-the theological
disciplines. ana acknowledgment and respect on the part of non-Catholic
teachers and administrators of the university's Catholic identity and mission;
.Commitment to
provide courses for students on Catholic moral and religious principles
and their application to critical areas
such as human life and other issues
of social justice;
.Commitment to
cnrc pastorally for tl1(; ~ludcnts. faculty, adl1unistration and staff;
.Commitmcnt to provide pcr!>onul sotvices (health
care. counsclina and guidance) to students. as wen as administration and
facolty. in col1fOrtfiity With the ChUrCh's ethical iil1d religious tCachh'g
and dircciiv~s.
Catholic universities should make every effort to
enhance their communion with the hierarchy so that through this special relationship they may assist each
other to accomplish the mission to which they are mutually committed. In
a secular world the strong Catholic identity of our institutes of higher
learning is invaluable in witnessing to the relationship of tntth and reason.
the call of the revealed Word, and the
.9authentic meaning of human life. "The present
age is in urgent need of this kind of disinterested service: namely of
proclaiming the meaning of truth. that fundamental value without which freedom,
justice and human dignity are extinguished.
c.
Ecclesiastical Universities and faculties
Ecclesiastical
universities and Faculties are generally subject to the CongreWltion for
Catholic Educatiol). The
Congregation erects them
,01 approves of those which have bee" erected by others artd
ratitie8 their statutes. Unless the Holy Sec has erected or approved a
university or faculty it cannot clalin ecclesiaStical status even if in
tllct it tcaches and studics the sacred sciences.
Only a university or
faculty established or approved by the Apostolic See may confer academic
degrees which bave canonical effects in the Church( c. 817)Candidates for
certain offices in the Church must have canonical academic
degrees, e.g. seminary professors(c.253.
1),Bishops(c.378. 1.5), Vicars general ~nd Episcopal
vicars( c.4 78. I ),ecclesiastical judges( c. 1421.3 ),promoters of
justice and defenders of bond(c.143S) )
5. Instruments of Social Communication
Pastors of the Church are required to make an ample use of the means of
social communication described in Vatican II as the "press, the
cinema, radio. television and others of like nature"(lM no. I )It
is a clear imperative based on the right which . belongs to the
Church
Special mention should be made regarding publication of books. The
canons impose on Church leaders a duty of general vigilance over publications
and other media of communications, in order to preserve the integrity
offaith an~ morals of the faithful. Certain publications are very closely
related to the Church's own teaching and worship and such publications
require permission or approval. Permission is usually expressed by the word
"Imprimatur" and it carries with it an implicit declaration that the
work contains no doctrinal or moral error. Approval seems to involve more tban
permission. rather an acknowledgement at least in general terms of the positive
worth of the work.. The following pUblications need permission or approval by
the ecclesiastical authority:
I.Books of sacred
Scriptures (The Holy See or Conference of Bishops must approve.c.825) 2.Liturgical ~missals: rituals, breviaries)and
prayer books (c.826)
3.Catechisms(c.827.1)
4.Text bOOkS on the theological
disciplines for use in schools (c.827.2)
5.Publications
displayed or distributed bY churches (c.827.4)
6.Collection of
decrees or official acts of a church authority, like a council or synod or
cbapter (c.828)
6. Profession of Faith
The Profession of
faith is not that demanded of all the faithful or that is made irt the course
of the UM'I.Y; It is a Sl*ial profession called for by law from those who arc W
tinting certain offices or po$itions.
those required to mn~c the profession of
faith are:
l.Participants in
councils and synod.
2.Cardinals
3.BiShOps and their equivalents
4.Diocesan
Administrator
5. Vicars-general, Episco~~icars,
and Judi.£ial Vicars
6.Parish priests,
.Seminary Rectors and professors and .Candidates for diaconate
7.CathoTIC-university Rectors anoTeachers oftheolog,v ,---
8. Superiors of
Religiouscommunities
Persons listed in nos. 1 ' -4 are obliged to make the Profession of
Faith according the new formula. Persons listed in nos. 5-8 arc obliged to make
the Oath of office according to the New formula.
Temporal Goods
Preliminary ~otions: (c.1498 of 1917) Temporalll,oods are conside,;;,}
fe b- all those nonsupemawral tLinw. \,hich possess an economic value.
19 i 7 C09~' TIlls coo- in ThG 6lh part of the Book
"De Rebus" speaks abOl! (cfn 10[' 'Soods as means the Church uses to
achieve its specific spiritual goal.
Vat~an lL Vatican documents contain precious in sights
concerning temp or, llSoods ot the Church: I.Temporal goods are at the service
of all human beings (GS.69)
2.The church's
supernatural mission is realised through temporal goods (GS. 43, 76) TIle
Church claims that it is legitimate to possess temporal goods, because temporal
goods are needed:
a) for the
organisation of divine wors.bip;
b) for the dignified support
of the clergy;
c) for the upkeep of the
works of ap°S!°late and ~t) (PO 17)
1983 Code: TIle
New Code sf'eaks of temporal goods in Book V, which is the shortest of all
books containing only 57 canons. There are other canonS in the Code which are
related to temporal goods: Cc. 634-640;
121-123:282;319;325-326;492;494,510.4;531 ;537.540;551;616.1;668;702;848;945
958;1181.
Principles goveming the Administration of Temporal Goods:
We could state in general that the canons relating to temporal goods
give us numerous fundamental principles that help administrators not only to
acquire goods justly, but also to administer them in an appropriate manner for
the mission of the Church. The following principles are worth mentioning:
1. The principle of
trust: Administrators of church goods are entrusted as stewards with the
goods of
the church,
not as owners.
2. Respect
for the intentions of the donors: C.1267.3 spells out the principle clearly:
"The offerings
given by
the faithful for a defirite purpose can b~applied only for that same
purpose". The same
principle is repeated in other c:'t]l)n::..
<.-.::.1284.2.4,1292.1,1299.2,1300,1310.
3. Respect for accountability and appropriate reporting mechanisms.
4. Recognizing the
necessity of seeking advise (and consent) before entering into major
transactions. 5. Respect for the application of proper or particular law.
6. .R~ect for
secular legislation applicable in the territory.
Values underlying the current legislation:
The code also insists
on certain values that govern the acquisition and administration of temporal
goods. The important values are:
l.Respol1sibilitv
of thp. r»;thnll-ior the works of the
Church. All the members of the Church are responsible for its operations. One
of the basic obligations incumbent on all Catholics is that of providing for
the needs of the Church and promoting social justice (c.222)
2. Presumption in
favour of works.C.1267.I offers a presumption that underlies a very
important value regarding temporal goods. It states that unless the contrary is
clear, offerings made to superiors or
2administrators of any ecclesiastical juridic person even
a private one are presumed to have been made to the juridic person itself Such
could apply tQ..parish priests who receive gifts from their parishioners,
to adminisuators of
hospitals, houses of education and to all other persons in a position of
responsibility. One of the reasons for these norms is to help overcome any
temptation to greed. 3.Limiting the number of appeals. One import~nt value that
we find in the current legislation is a
desire not to impose undue burdens on the
faithful. While it is obvious that the faithful have the right
----------------- "'--'. .~
and also the obligation to contribute to the works
of the ch\lrch, abusive pressure in asking for further
donations could easily tum the people away. For this reason, the
norms of c.1265 should be carefully applied evervwhere.
-I Assuming obligations for the future. The code also gives certain
directions regarding investment and provision for the futureCl274 is a model in
this regard. It provides for the establishment of three funds: one for the SllppOlt
'of the c~y who serve the diocese, one for adequate so~ecurity for the
clergy and one TO enable the bishop to fulfill his obligations toward other
persons who serve the Church and to meet t~e various needs of the diocese.
2.
Introductol'Y Canons: The introductory canons speak
about the right of the Church to acquire temporal goods. i. It is an inherent
right. ii. It is a right to acquir.e, retain,_administer and alienate
(transfer) goods iii. It is a right for certain ends.
C.1254 I: The Church
has inherent right. (cf. c. 1495.2 of 1917)
('.1254 2: Principal
objectives in relation to temporal goods.
( . I 255 Subjects
who have the canonical capacity to acquire goods:
a)
Universal Church or Apostolic See (c.361); b) Particular Churches (c.368)
c)
Publiciuridicalpersons (c.116) d) Private juridical persons (c.116)
Subjects, which have
the ownership of temporal goods (cf. c. 1499.2 of 1917;cc.1259; 1273)
The meaning of
Ecclesiastical goods (cc. 1255)
Church signifies a
juridical person.
('.1256:
C.1l57. C. 1258
3. Acquisition of Goods: The Church acquires goods in the same manner
as any other person. Thus the Church can purshil~~ goods, receive goods,
contribution and bequests.
C'.1259: The Church -
universal Church, Apostolic ~ee, Public juridical pc:rson (cf .c.
1258)
TIl~ ways to
acgtIire te..!Im.9..L~oods as the law provides i. Free~win donatign (c.1268)
ii. Taxation (c 1263); iii. Collection (c.1265); iv. Pres9ription (c.1268);
v. In'-,;om~m e2dsting goods (c.127,
1724); vi. Purchases:
r
CI260
Church's right to require from the faithful (cfcc. 2J2;1254)
C, 1261.1: The faithful have right
t.su~ive rlonation: a) inter...vivos; b) mortis causa c) dowry;
the civil
- .
law
should be followed.
C.1261.2 : The
faithful should glYe support.
C.1263 Taxes (ordinary
and extra ordinary)
C, 1264 Provincial
Bishops' meeting and administrative taxes.
4. Administration of Goods: TIlt: administration of temporal goods
should comprise the following functions:
a) The preservatiol1..8)ld
improvement of the goods or assets, b) The natural or artifi_cial
produC!Lon of fruits or income derived from such property or temporalities
and c) The application to the fruits or
income to
the proper objectives' --
3I. Acts of Administration: The code mentions three kinds of acts of
administration:',
..
A. Ordin<!.!Y.E-dministration:
Ordinary administration could be described as the normal transaction or
business
by the canonical stewards of a public juridical person. It is generally
considered to include
such
acts as: - .
a) The collection and bankin&...2Lrnoney acquired in acquired in
approved ways; b) The collection of deb~om creditors; c) 111e collection of
aIlliual income JIQm stocks, shares, or bonds; d) Buying and selling what is
required for daily maintenance; e) Repair of damages done to real estate; f)
The administration of money and goods belonging to the juridical person; g) The
acceptance of donation; h) Certain minor leases. Ordinary administration would
include acts normally done at fixed interval such as monthly,
quarterlv or annually. They are the action tat any presid~t or
chief executive officer wou Id have authority to do or to delegate without
seeking permission from a higher authority.
B.
A_g.~_QL~(lministration_QfMajQr Importance:.The Code speaks of the financial situation of the diocese
as a criterion to determine acts of major importance. l11Us in a diocese of two
million Catholics something might be considered ordinary, while a diocese of
five thousand Catholics, the same acts or expenditure would be quite
extraordinary. The amount of money invol ved is the criterion not the process
of transaction. To carry out an act of major importance, the diocesan bishop
needs the advice
of the diocesan
finance councilJc.492) and the college~onsulters. (c.1277) Accordmg to the
general principle of law (c.127) the bishop is not bound by the advice given
by the members of these bodies, but he should not act contrary to it, when
there is a consensus.
cI;~raQrdin<lIy'_Ad1l1ini~tration:
Extraordinary administration refers
to all that are not included in the concept of ordinary administration. For
extraordinary administration, the permission of the higher authority is
required. Examples would include all acts of alienation, acceptance or refusal
of major gifts, purchase of land, construction of new building, extensive
repairs of old buildings, initial investment of capital, other
expenditures of an amount over a certain limit. Establishment of a school
or hospital is usually
considered an act of extraordinary administration because of its nature of
imponance. In an
e:\..'traordinary act of administration, the diocesan bishop needs the consent
of the diocesan finance council and the college of consult~rs (c.
1277). In such instances, he may not act without their consent, but is not
bQund to~ct even if the consent is given. The Bishops' Conference is to
determine the acts to be decided as extraordinary administration. In India,
according to the C.C.B.!. decision, an act of administration of the diocesan
bishop involving expenditure of RsA, 00.000/- or more is to be
considered and act of extraordinary administration. Donations of bequests'
which have recurring long-term obligations (of over 20years) are also to be
considered acts of extraordinary administration. (Bomnay, 1993)
1I.The Administrator of Goods: The
Roman Pontiff is th~supreme administrator and steward of all Church
property (c, 1255) In the case of a diocese, the diocesan bishQp is the
administrator and in a Religious 1nstit~lte, the Major Superior is the
administrator. They have to supervise the administration of Church
property, which belongs to the public juridical persons subject them, and they
have to issue regulations governing the administration of property. (c.1276)
The parish priest is the administrator of
ecclesiastical goods of the parish and he shouki see to it that goods
are administered according to cC.1281-88 (c.532). Where separate juridical
persons are involved, the lower juridical person is responsible to the higher
juridical person. Thus, a parish priest, as administrator of a parish, is
accountable to the bishop and the bishop to the Holy See. In a religious
institute the superior of a canonically instituted house is accountable to
supreme moderator (major superior) anq the supreme moderator is accountable to
the bishop if a dio~esan institute and the Holy See if a pontifical institute.
Canon law provides that before administrators lU1dertake their duties, they
must ta~e an oath that they
4will properly perform their oftlce (c.I283) hl addition they should
draw up an inventorx.sf.fu1movable goods and precious movable goods (c.
1283.2l.
Ill. The Standard of a Good Administrator ("Good
Householder"):
Canon law establishes
the standard of a good householder for the responsibilities of an
administrator. It lists nine specific duties of administrators. (c. 1284.2)
I.They should be vigilant
so that the property entrusted to their care is not lost or damaged, and in
as much as may be necessary, tIwy shoals take out insurance policies.
2.They should see to
it that the ownership of ecclesiastical goods is safeguarded in civilly
valid ~s. 3.They should observe the regulation~of civilla~and canon
law, as well as the regulations imposed by a founder of donor or by legitimate
authority and they should take care that the Church will not suffer due to
non-observance of civil law.
4.They should collect income accurately and
distribute it llrn.Rerly.
5.They should pay loan
iQ!e@s.t.on time.
6.They should
profitably invest excessive income over expenditure.
7.11ley should keep
well-ordered accounts o~iP-ts and ex~diture.
8.They should prepare
an annual account of their administration, which includes statem~ts of
assets and liabilities and income and expenses.
9.They should keep in
good order in the archives the documents tIlat establish the right of
the church or tile juridical person to its goods. ill addition, c.I284.3
recommends that the administrator draw up
an annual budget. .
IV.lnyalid Acts of Administration: The only action that is made tnvalid by the universal law is when an
administrator goes beyond tJle limit and manner of ordinary administration
without tht? written permission of the ordinary (c. U81.1) If and an
administrator should perfOlm an invalid act, the juridicaf person is
only liable for the action to the extent it benefited.
V. Accountabilitv: Administrators are accountable to two types of persons
according to c.1287:
a) They have to give
account of their stewan!ship to tile ordinary who is to forward it to
the financial council for review. B) Administrators are to give account to the
faithful concerning goods ti1ey have provided for tile Church.
VI. Duties
Re~arding: Employees: Administrators
have to observe rhe teaching of the Church and the civil law regarding contracts
of employment. 111ey have to sec to iT that employees receive, a just
~~yJ1ich is sufficient for their needs and the needs oftheirdepencbnts. (c.1286)
5.Contracts and Alienation: The third section regarding tile temporal
goods of the Church in Book V confirms the canonisation of civil law and spells
out the solem!:lries required for the eventual alienation of Church goods,
specifying the object and conditions I"ceded for both the validity and
liceity of alienation.
~.Contra~1?..:. A contract is
a promise enforceable by law. Technically" contract IS a promise or set of
promises for the breach of which the law gives a remedy or for tile
p.:rfoffilance of which the law in someway recognizes as a duty The Church
accepts tile applicable ci vii law of contracts in regard to matters that are
subject to the Church (c.1290). Church law focuses more on the requirements to
make certain contracts such as tIIOse involving alienation, acts of
extraordinary administration or those subject to the regulation of the ordinary
of the statutes of a juridic person, thus leaving the remainder of the law
applicable to contracts is civil domain.
Canon 1290 provides
three exceptions to the general mle of following the civil law:
i. Civil law contracts cannot
b.e.contrary to divine law.
ii. Civil law contracts cannot be contrary
to Canon law.
5It makes and exception to the civil law contracts in regard to c.1547,
which provides for proof of evidence in all cases. Thus,in a contractual
dispute brought to a Church tribunal, if the civil law required a contract to
be in writing, a Church tribunal would admit evidence of the terms of contract
by oral testimony.
B.Alienation: .Alienation or
conveyance in the strict sense is any act by which tlm right of ownership of
ecclesiastical property is transferred to another. In a broad sense it is any
act by which the use of the right or the right itself of ownership is or could
be diminished, restricted, or endangered.
l.Tansactions sub~ct to the canons goveming alienation:
a) Sale or transfer
oftitle to property;
b) Spending fixed or
stable capital set aside for a specific purpose;
c) TIle leasing of property
as detennined by the Conference of Bishops (c.l297);
cl) Property given to
the Cburch by reason of a vow or precious objects of artistic or historical
significance
(c.1292.2)
e) Changing
organisation structure so that canonical responsibilities towards Church
property cannot be
exercised; f) Guaranteeing a debt; g) Borrowing money, if the debt
results in an obligation imposed of the property of the juridical person.
Borrowing on general credit without offering property, as security
is not alienation.
11) Transfer of
property from one juridical person to another. If a religious institute
transfers property to a
diocese
the canons goveming alienation 30ply. If the property is transferred from one
province to
another within the same institute then it is not alienation. 2.Actions
not subiect to.the canons governi1]q; alienation: a) Spending free capital;
if money, goods or investments are not immobilized, they are free to be used
for
the legitimate purposes of a juridical person. b) Restructuring and transferring
titles to assets c) Receiving mortgaging properly as a gift. cl) Exchange of
goods of a different category. If exchange of real estate for real estate of
for securities of
the same value, it is not alienation.
e) Sale or transfer of title in special cases:
i) If land or property
is no longer being used for church purposes and is being heavily taxed or
retaining ownership of land is lessening the credibility of the Church in
regard to social justice, it is not considered alienation to sell or transfer
the title.
ii) If a juridical person determines it must withdraw from a particular
apostolic work because continued deficits jeopardize the financial situation of
the whole juridical persons, it is not alienation. If land or building which
are part of the stable patrimony of a juridical person are sold and the
proceeds are used for another similar purpose such as new construction or
placed in reserve fund, it is
regarded as conversion of capital assets from one form to
another.
f) Lending money:
g) Purchase or sale of
equipment and fumiture.
Ill.
3.ProceeQ!,!res to_pe followed in Alienation: Whenever the value of the Church property exceeds the
amount set by law (c.1291) alienation of the property may only occur with the
permission of the competent authority. This amount is to be determined by the
Conference of the Bishops for its region except in the case of religious
institutes and societies of apostolic life, which have the amount set by the
Holy See. (c.l292.l;638.3;741.1) The CCBI establishes thatthe approved
minirnurn sum for the alienation of ecclesiastical goods is Rs.l,OO,OOO/- and
the approved maximum sum is RS.l 0,00,0001.
a) The permission of the competent authority is to be
followed. In Diocese (parish, diocese itself, or the diocesan jurudic person, religious institutes of diocesan right
and autonomous monasteries)
Cases between the nrinimum aud the maximum amount set
by the Conference of Bishops:
- Amount lower than
the minimum amount require no pennission;
-
Amounts over the minimum but less than
the maximum require the permission of the diocesan bishop who must have the
consent of the finance council and the college 2f consulters. Diocesan
religious institutes should have first the written pernussion ofdii competent
superior and con sent of the council. ii) Amount over the maximum amount
require the permission of the diocesan bishop, the consent of the
finance council and the college of consulters, and the permission of
the Holy See.
For Religious institutes and Societies of Apostolic Life, no permission
is required for amount less than maximum amount established by the Holy See
unless the proper laws of the Institutes or Societies establish limits. Amounts
in excess of the maximum amount established by the Holy See require the written
permission of the competent superior with the consent of the council and the
permission of the Holy See.
6b) When a request is
made to alienate property, which is divisible, such as a tract of land divided
into
parts, the
request must state if the parts have already been alienated (c.] 292.3).
c) Those who give
advice or consent to an alienation are to e informed about the economic
condition of
the
juridical person and about previous alienation. (c. ]293.4)
d) To alienate goods
above the minimum amount, there must be a just reason, such as urgent necessity
evident
advantage, of a religious, charitable or other important pastoral reason.
(c.1293 .1.1)
e) A Written
estimate by experts (at least two) is needed. (1293.1.2)
f) Property is
not to be alienated at a price less than the amount given iil the estimate
(c.c.1294.1). If the
property
is in the nature of a donation or gift, then exception to this norm is
possible.
g) Money
received from alienation must be invested for the belle fit of the church of
used for the specific
purpose
intended for the proceeds of the alienation (c.1294.2)
h) Church property should not be leased or sold to be ddministrators
or their relatives (c.]298) C.1296 addresses the consequences of an
alienation which is valid in civilla\v but which has not
followed
the canonical requirements for alienation. Some of the canonical
requirements are necessary for validity. (cc.1291,1292.2,1293.3), while others
for liceity. Canon 1377 provides that anyone who alienates church property without
the proper permission is to be punished wi!h just penalty.
6. Pious Dispositions and Pious Foundations:
a) Pious Dispositions (c.1299-1302)
This section speaks of pious bequests and pious causes. They are typically the
same as of 1917 code, only the classification is new. The ordinary of a
religious or members of a society of apostolic life who have received goods in
tmst is more clearly spelled 011. (c.1302.3)
b) Pious foundations (c.1303-1310) Regarding pious foundations there is a
new featl..e: in addition to nonautonomous foundation, autonomous
foundations are now also admitted, nank y',
UlOse erected as juridical persons (c.1303).Regarding non-autonomous
foundations, the code does nut speak of their erection "in perpetuum"
(permanent c.1303 .1.2). We should also point out the prescriptic.l1 which says
that once the time has elapsed for which a non-autonomous foundation had been
erected rhe goods of the foundation that are subject to the jurisdiction of the
diocesan bishop go to the diocesan in:-.iitute for the support of the clergy
(cc.1303.2) Other canons spell out the conditions for accepting and investing
money 9cc.1304 1307) Canons
1308-10 set down the norms on authorities competent to modify in anyway the
burdens and
conditions regarding the celebrations of Masses, or at any rate, the
fulfillment of the pious bequests of.ae.tA£ people.
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