Monday, July 28, 2014

THE CANONICAL CASE FOR MONSIGNOR JAMES BENAVENTE, PASTOR.


Summary

  • The cathedral is both the episcopal seat of the diocese and a parish.
  • The Archbishop is the pastor of the diocese not the parish of Agana. 
  • Msgr. James was assigned to the cathedral as its rector.
  • Canon law does not allow a rector to be assigned to a parish.
  • Therefore, Msgr. James is not the Cathedral's rector but its de facto pastor. 
  • Msgr. James has all the canonical protections of a pastor. 
  • The Archbishop's dismissal of Msgr. James, pastor, was in violation of canon law. 
  • Msgr. James is still the de facto pastor of the Cathedral parish. 


The Dulce Nombre de Maria Cathedral is the central church of the archdiocese and the seat of the archbishop. And, according to the 2013 Directory of the Archdiocese of Agana (pg. 4) it is also a parish. 

The directory lists Archbishop Apuron as its pastor. However Archbishop Apuron is the pastor of the archdiocese of which the Cathedral is the central church. He is not the pastor of the Agana parish. That duty is assigned to the "rector".

However, according to canonist, Fr. Stuart MacDonald, JCL, it appears that Monsignor Benavente is NOT the rector but the pastor:
"Sometimes the priest who is given charge of the Cathedral is called a rector.  It seems to be an honourary title because he is the pastor of the Cathedral parish...The cathedral church, besides being the seat of the bishop, can also be a parish church...If the cathedral is also a parish, then, properly speaking, a pastor is appointed to it.  If the cathedral church is not a parish, then, properly speaking, a rector is appointed to it."
Dulce Nombre de Maria Cathedral is "also a parish church". Thus it is supposed to have a pastor, not a rector. MacDonald quotes Canon 556 to clarify:
Rectors of churches are understood here as priests to whom is committed the care of some church which is neither parochial nor capitular nor connected to a house of a religious community or society of apostolic life which celebrates services in it.
The key words are "neither parochial". Parochial means "of or referring to a parish." The Agana Cathedral is not only listed as a parish in the archdiocesan directory, it also functions as a parish in every way.

Thus, Monsignor Benavente's position at the cathedral, despite the misnomer, cannot be that of a rector, but a pastor. And he, and NOT Archbishop Apuron, is the pastor of the Dulce Nombre de Maria Cathedral parish, just as Monsignor Kevin Kostelnik is the pastor of the Cathedral parish of the Archdiocese of Los Angeles and not Archbishop Jose Gomez, and Monsignor John Talesfore is the pastor of the Cathedral parish of San Francisco and not Archbishop Salvatore Cordileone.

Also, Monsignor Benavente is the pastor not only because of this canonical technicality, but also by virtue of his performance of parochial functions in the Agana parish for the past twenty years, functions that are otherwise not permitted to a rector by Canon 558:
Without prejudice to the prescript of ⇒ can. 262, a rector is not permitted to perform the parochial functions mentioned in ⇒ can. 530, nn. 1-6 in the church entrusted to him unless the pastor consents or, if the matter warrants it, delegates.
Here is the list of parochial functions which Can. 558 prohibits a rector from performing, functions which Monsignor Benavente regularly performs, and performs them because his in fact the pastor NOT the rector:

1/ the administration of baptism;

2/ the administration of the sacrament of confirmation to those who are in danger of death, according to the norm of ⇒ can. 883, n. 3;

3/ the administration of Viaticum and of the anointing of the sick, without prejudice to the prescript of ⇒ can. 1003, §§2 and 3, and the imparting of the apostolic blessing;

4/ the assistance at marriages and the nuptial blessing;

5/ the performance of funeral rites;

6/ the blessing of the baptismal font at Easter time, the leading of processions outside the church, and solemn blessings outside the church.

There are other dioceses which seem to have made the same mistake as ours, assigning a rector instead of a pastor to their Cathedral parishes. But, it is a mistake nonetheless, a mistake which is clearly noted in the New Commentary on the Code of Canon Law:
"The church entrusted to a rector may not be a parish church. In the United States, the pastor of the cathedral is sometimes referred to as as the rector, but this is not a canonical term. In many countries the cathedral is not a parish and is entrusted to a rector in the sense of this canon. However, in the United States cathedrals are usually parish churches well as churches for the diocese. " (Beal, John P., Coriden, James A., Green, Thomas J., The Canon Law Society of America., [2000]. New Commentary on the Code of Canon Law. New York: Paulist Press. Pg. 735.)
Note: The Archbishop may argue that the Archdiocese of Agana is not part of the U.S. conference. However, this doesn't matter, because it is his own directory that lists the Agana cathedral as a parish

As pastor, Monsignor James has all the rights accorded to a pastor under Canon Law, including a right to the required canonically required proceedings for the removal of pastors as prescribed in Cann. 1740 - 1752, the same canons that Archbishop Apuron was forced to comply with in his removal of Fr. Paul.

The Archbishop will argue that he never formally installed Monsignor James as pastor and only installed him as rector. But then that would mean that Archbishop Apuron has been negligent in permitting Monsignor James to perform parochial functions which, as a rector, he would be prohibited by Can. 558 from performing. 

The fact is, of course, is that the Archbishop is not conversant with Canon Law on this matter and it is not the fault of Monsignor James that he was given the wrong title. Formally installed or not, Monsignor James IS the de facto pastor of the Dulce Nombre de Maria Cathedral parish.

And I stress IS because he CANNOT be removed by a mere letter of dismissal since Archbishop Apuron is required to comply with the formal proceedings for the removal of a pastor under Cann. 1740 - 1752. 

Thus, both the dismissal of Monsignor Benavente from the Agana Cathedral and the appointment of Msgr. David C. Quitugua as his replacement are both invalid and canonically illegal acts. And, Monsignor James Benavente, though he was illegally removed and replaced, is still the de facto pastor of the Agana Cathedral parish.

In order for Archbishop Apuron to justify his actions, he will have to discredit the "de facto" character of Monsignor Benavente' pastorship. This will be difficult for him to do because in addition to the admission of ignorance and negligence already noted, the Archbishop, himself, is relying on a de facto designation in his case against Fr. Paul, charging that a Santa Barbara parish volunteer was a de facto employee even two years after Fr. Paul terminated the man's actual employment.

In short, Monsignor James Benavente has the same case as Fr. Paul. And he should challenge the Archbishop as Fr. Paul has done. We hope he does. Meanwhile, many of us are are finally fed up! We are sick of this Archbishop's lawlessness. We are sick of this cruelty and terrorizing of our priests. And we are sick of Archbishop Apuron's Neo-crat masters counting on Guam Catholics to shut up, sit down, and behave. WE ARE DONE!

If you are ready to do something about this then send your name to



OKAY. PAY ATTENTION.

I SAID: PAY ATTENTION!

There's been a huge amount of stuff posted to this blog in the last 24 hours expressing your outrage over our lawless Archbishop, and a lot of it has been very well written. 

You need to take those same statements and go to the stories that are in the media TODAY and post those same comments there. You need to light this island on fire and the press has given you a chance to do that TODAY, NOW!

The post below has all the current stories and the links to them. Get on those websites and start saying the stuff you are saying here. For those of you who are even braver, you need to call into the radio shows. It's HOT news! Make it hotter. 

You can also contact the writers of those media stories and give them details about the stuff that you know that I know that you know but you don't want others to know that it's you who spilled the beans. The media writers are sworn to protect their sources if you ask them. 

Now is the time because they are coming for YOU next!



ON THE VERY DAY...


On the very day Archbishop Apuron gives us his greatest example to date of how to be evil, violent, oppressive, a disservice to others, lawless, and an enemy of the common good by his ambush firing of Monsignor James Benavente, Pope Francis says:

“Giving primacy to God means having the courage to say no to evil, violence, oppression; to live a life of service to others and in favor of lawfulness and the common good,” Pope Francis said July 26.
http://www.catholicnewsagency.com/news/jesus-is-the-great-treasure-pope-teaches-71522/


Church controversy continues

http://www.kuam.com/story/26119001/2014/07/26/church-controversy-continues

World News Report: Church controversy continues

http://world.einnews.com/article__detail/215694021?lcode=JzLZ6DjktQZbiDy1MPCY3Q%3D%3D


Blog speculates on removal of Monsignor James Benavente

http://www.kuam.com/global/story.asp?s=26121433

Local monsignor removed

http://www.guampdn.com/article/20140728/NEWS01/307280002/Local-monsignor-removed

Monsignor Benavente ‘abruptly removed’ as church rector

http://mvguam.com/local/news/36172-monsignor-benavente-abruptly-removed-as-church-rector.html#.U9U9UICSxOQ

Monsignor James Benavente: served as Rector for 20 years has been Removed

http://www.catechumenusa.com/2014/07/monsignor-james-benavente-served-as.html


And more news, thanks to Archbishop Apuron

San Francisco Archdiocese Bars Father Wadesen From Ministry

http://pacificnewscenter.com/index.php?option=com_content&view=article&id=47233:san-francisco-archdiocese-bars-father-wadesen-from-ministry&catid=45:guam-news&Itemid=156

ABC News: Attorney for Archdiocese of Los Angeles Says Guam Archdiocese Was Told About Allegations Against Father Wadeson in 2011

http://pacificnewscenter.com/index.php?option=com_content&view=article&id=47228:abc-news-attorney-for-archdiocese-of-los-angeles-says-guam-archdiocese-was-told-about-allegations-against-father-wadeson-in-2011&catid=45:guam-news&Itemid=156

San Francisco Archdiocese Removes Priest From Service Over Allegations Of Past Sex Abuse

http://sanfrancisco.cbslocal.com/2014/07/26/san-francisco-diocese-priest-john-wadeson-sex-abuse-allegations-guam/

Sunday, July 27, 2014

FIRST TIME OVER 10,000. PRETTY GOOD FOR A "HATE BLOG".


THIS IS FUNNY!


This is funny. And it shows how the Kiko-krats have no bounds to their lies and deceptions. Anonymous idiot here pretends to be logging in from New Zealand and thus accounting for all the flag counts from the land and city of the Nuncio. He thinks by using the word “mates” it will authenticate his crap about this being a hate blog listed by the Nuncio...cough, cough, like the Nuncio would even lower himself to that kind of talk. 



Your in the clouds Tim, my mates and I were on your blog and trick out the destination. The Nuncio listed you as a HATE BLOG. Why would he care about your obnoxious attack.

Scott Whales



OH, ARCHBEEEEESHUP....!

http://s06.flagcounter.com/logs/or4G/1/NZ

Saturday, July 26, 2014

MSGR. JAMES BENAVENTE REMOVED AS RECTOR OF CATHEDRAL BASILICA

Note: a letter from Msgr. James has been added to the bottom of this post.
At 9:17 PM tonight, KUAM posted a story about the removal of Msgr. James Benavente as rector of the Cathedral. He was also removed from all his other ministries and archdiocesan duties. 

I just learned through another source that yesterday Archbishop Apuron had accused Msgr. James of financial mismanagement. Msgr. James asked for a list of the charges and asked for time to clear his name. The Archbishop agreed. 

However, this morning, Msgr. David C. Quitugua, the Vicar General, and Fr. Adrian Cristobal, Chancellor, delivered a letter to Msgr. James removing him from his position as rector of the Cathedral and his other duties. 


QUOTE OF THE YEAR

"No one can get me."  - Archbishop Anthony Sablan Apuron, Metropolitan Archbishop of the Archdiocese of Agana

Remember that.

And here's another one:

"I have no Filipino blood." -Apuron to a Filipino businessman who asked him if he spoke Tagalog. (He asked because Apuron is a Filipino name.)


ARCHBISHOP KREBS: INCLUDE IN YOUR REPORT TO ROME.

We know now, as per the Associated Press story today, that Archbishop Apuron was contacted by the Los Angeles Archdiocese about Fr. Wadeson in 2011:
In 2011, Wadeson asked the Los Angeles archdiocese for authorization to minister once more in Los Angeles because he was traveling in California. The archdiocese refused and contacted archdiocese officials in Guam after learning he was working there, said archdiocese attorney Michael Hennigan. 
Unless the Los Angeles attorney is lying or the AP is making it up, we now have solid evidence that Archbishop Apuron was aware of Wadeson's issues at least by 2011 (even though he should have been made aware of them by Wadeson himself when he requested incardination in 2000 and certainly in 2004 when the Los Angeles report was published.)

ADD THE ASSOCIATED PRESS TO YOUR LIST

On July 25, Fr. John Wadeson wrote to the Guam Pacific Daily News:
Regarding the Archdiocese of Los Angeles, I was never incardinated there. On one occasion, when I asked to celebrate occasionally with a group of families, I was not granted faculties for a divergence with the then-Archbishop of Los Angeles, Cardinal Roger Mahoney. This decision had nothing to do with the defamatory accusation above-mentioned since the name of Cardinal Mahoney was recorded in the same list.
However, on the same day the Associate Press reported:

UNLESS AND UNTIL HIS HOME ARCHDIOCESE CONFIRMS THAT HE IS SUITABLE FOR MINISTRY

Statement Regarding Fr. John Wadeson:

FOR IMMEDIATE RELEASE
(SAN FRANCISCO, JULY 25, 2014) As with all priests who hale from other dioceses, Fr. John Wadeson was granted permission to minister within the Archdiocese of San Francisco based upon assurances of good standing from his home diocese, in this case the Archdiocese of Agana in Guam.  On July 22, 2014, the Archdiocese of San Francisco became aware that the Archbishop of Agana, Archbishop Anthony Sablan Apuron, had removed Fr. Wadeson from ministry on July 21, 2014,  “in response to concerns in the community.”  Therefore, on July 22, 2014, Archbishop Cordileone informed Archbishop Apuron that in response to this information, Fr. Wadeson would not be allowed to undertake any ministry in the Archdiocese of San Francisco, unless and until his home Archdiocese confirms that he is suitable for ministry. The Archdiocese of San Francisco has informed Fr. Wadeson of that restriction as well, and Fr. Wadeson has willingly agreed to observe it.  


We welcome and encourage anyone who may have any information concerning any possible wrongdoing by Fr. Wadeson to contact the Victim’s Assistance Office.
For more information contact:
Dr. Renee Duffey
Archdiocese of San Francisco
Victim's Assistance Coordinator
(415) 614-5506
duffeyr@sfarchdiocese.org 

SNAP: CA- Will SF let twice-accused LA/Guam priest work?

Today, SNAP has released another statement about Fr. Wadeson This time it is directed at his activity as a priest in the Archdiocese of San Francisco. 

The SNAP statement makes the following four points to which I will add comment:

"First, San Francisco Archbishop Cordileone should tell what he knows about these allegations and explain why Fr. Wadeson was apparently allowed to work as a priest here even though he was ousted elsewhere. Not one of his aides. Not one of his spokespersons. But the archbishop himself." 

It appears Fr. Wadeson may have been active in the San Francisco diocese since the early 2000's. Archbishop Cordileone only came to San Francisco in 2012 and 1) may not be aware of Fr. Wadeson's presence or record, and 2) would not have been the bishop who gave Fr. Wadeson faculties to participate in active ministry in San Francisco if in fact he does have faculties. There is the added issue that Fr. Wadeson is NOT assigned to a parish but to a Neocatechumenal Center. And as we already know, the Neo's have their own hierarchy and bypass bishops and pastors at will. What we DO KNOW is that it is Archbishop Apuron who ASSIGNED Fr. Wadeson to the Neocatechumenal Center in San Francisco. Whether he did so with the permission of the then-archbishop is what we don't know. (See pg. 19 of the 2013 Directory for the Archdiocese of Agana). 


Friday, July 25, 2014

Manovrine neocatecumenali a Guam


Manovrine neocatecumenali a Guam

La Yona property è un terreno con un edificio, in località Yona, a Guam, il cui valore catastale è circa 35 milioni di dollari. Costruito originariamente come albergo, dopo la chiusura dell'attività è stato ceduto alla diocesi locale.
http://neocatecumenali.blogspot.com/2014/07/manovrine-boss-guam-seminario-yona.html

THE MOANIN' LISA

Someone recommended that I send the stories on my blog to Dan Brown, author of several top selling books such as The DaVinci Code, Inferno, and Angels and Demons, and apparently, given his titles, a master at Catholic Church fiction. 

The person who gave me the recommendation thought Brown might want to turn the goings-on in the Archdiocese of Agana into another bestseller and I could get a nice cut on the deal. 

I thought about it awhile but then replied: "Nah. Our stuff is all true." Still...Hmmm. Imagine the movie rights. Any suggestions for a title?

WHO IS BLOCKLEY?

Some have seen the name of Fr. Matthew Blockley in the comments on this blog and recently in two PDN stories (here and here). You may be wondering who he is. Rest assured that he is not a name the Chancery Three expected or wanted to see. In fact, rest assured that the Chancery Three are probably hard at work discrediting him, and in fact may have already begun the Tagaytay treatment

If you google Fr. Blockley you will find stories like this one from 2008 essentially involving an all-points bulletin from Saipan Bishop Tomas Camacho to find and flush out Blockley who he considered to be AWOL from the Diocese of Chalan Kanoa. 

The story made more or less national news because Fr. Blockley was staying with a priest friend who was also a well-known Fox News commentator, Msgr. James Lisante. Let's let Fr. Blockley tell you the part of the story that is not in the news:

WATCH THIS, WADESON.

Not only am I the only person publicly saying that the charges against you in L.A. are false - even as your Archbishop threw you under the bus and then ran for cover - I am going to hereby defend your right to our material support of you, despite your threat to sue us.

As you can see in the many recent comments, people are calling for you to be cut off from the land of the living financially. I am here to say that no matter how egregious your transgressions may or may not be, no matter what your status is relative to your faculties or "active ministry", as a priest incardinated in this archdiocese, you have the right the material support of your well-being: your stipend, your medical care, your food, clothing, and shelter and whatever else is normally required of a bishop for the material support of his priests.

UMMM, SO WHO WENT TO THE MEDIA??

Priest: Allegation was without foundation
http://www.guampdn.com/article/20140725/OPINION02/307250014/Voice-People

A fine example of the "fruit" of the Neocatechumenal Way. Now watch!

Thursday, July 24, 2014

EXPECT A CALL

NEW YORK TIMES: "The Archdiocese of San Francisco has settled 101 abuse cases and paid $68 million in settlements since 2003."

They aren't going to take kindly to Archbishop Apuron's assigning Fr. Wadeson to their diocese. Expect a call.

AN IMPORTANT INVITATION


Marjorie RichardsJuly 24, 2014 at 10:25 AM
Prove your faith in the innocence of Fr. Paul! 

I challenge all of you who live in the north and central parts of Guam, those who have teenagers, or know teenagers from these areas, to encourage your teens to participate in this Saturday's Youth Empowerment Session at Our Lady of Lourdes Church in Yigo. It is a Summertime Day of Recollection for Teens. First of it's kind! (in Yigo anyway)

IN TODAY'S PACIFIC DAILY NEWS...AGAIN

Ousted priest leaves Guam: Wadeson defends, praises Archbishop Apuron


PDN: "Wadeson stated he's been falsely accused, but decided to leave because he didn't want the accusations against him to tarnish Archbishop Anthony Apuron."
JW: So how does running away save Apuron? In fact it "tarnishes" him even more, doesn't it. If you were falsely accused, then simply say so and challenge the accusations.
PDN: "I was in such shock at the viciousness and lies of what was being said about me and our archbishop, whom I hold in great esteem, that I was lost for words," Wadeson stated...