Tuesday, January 13, 2015

THE CASE FOR THE ILLEGAL ASSIGNMENT OF PROPERTY TO A THIRD PARTY BY THE ARCHBISHOP OF AGANA

On November 22, 2011, ARCHBISHOP OF AGANA, A CORPORATION SOLE, ANTHONY SABLAN APURON, OFM. CAP., DD., INCUMBENT assigned perpetual use and control of the property on which THE REDEMPTORIS MATER ARCHDIOCESAN MISSIONARY SEMINARY is situated to THE REDEMPTORIS MATER HOUSE OF FORMATION, A GUAM NON-PROFIT CORPORATION.

There have been many questions as to whether this act was illegal under Guam Law, and if it is, would the faithful of the Archdiocese of Agana have standing to sue for its return if not also for fraud. 


The argument against illegality has thus far been that the ARCHBISHOP OF AGANA is a corporation sole, and is thus fully the owner of the property and as the owner is empowered to do as he wishes with the property, which is in fact what he did - proceeding with the ASSIGNMENT against the advice of the archdiocesan legal counsel, and without the consent or knowledge of the finance council and the college of consultors. 

However, I propose here that the DEEDING of said property for perpetual use to THE REDEMPTORIS MATER HOUSE OF FORMATION is a violation of Guam law.

Title 18, Chapter 10 of the Guam Code addresses the requirements for the formation and responsibilities of a religious corporation or a "corporate sole", which, the Archbishop of Agana, is.

According to § 10105 Property to be Held in Trust:
"...all temporalities, estates and properties of the religious denomination, society, or church theretofore administered or managed by him as such bishop, chief priest, or presiding elder shall be held in trust by him as a corporation sole for the use, purpose, behoof, and sole benefit of his religious denomination, society, or church..."
Thus, the ARCHBISHOP OF AGANA is not the owner of archdiocesan property but its TRUSTEE with the members of his church, the BENEFICIARIES. And Guam law requires said TRUSTEE to administer and manage said property for "the use, purpose, behoof, and sole benefit" of the BENEFICIARIES.

Now, let's take a look at the purpose of the REDMPTORIS MATER HOUSE OF FORMATION:

ARTICLE III
PURPOSE.

The purpose of the Corporation shall be to establish and conduct a House of formation to prepare men for the priesthood for the new evangelization following the life and practice of the Neocatechumenal Way...
The Neocatechumenal Way, as per the STATUTE OF THE NEOCATECHUMENAL WAY (2008) is only...
“...one of the forms of diocesan implementation of Christian initiation and of ongoing education in the faith.” Art. 1. § 2.
As it is only "one of the forms" of "Christian initiation and ongoing education in the faith", it is by definition NOT for "the use, purpose, behoof, and sole benefit" of the entire Catholic faithful of the Archdiocese of Agana.

In addition, the fictitious business name of the Corporation is THE REDEMPTORIS MATER ARCHDIOCESAN MISSIONARY SEMINARY OF GUAM. Both in this name and in its practice, the priests formed at the REDEMPTORIS MATER HOUSE OF FORMATION are sent to serve in other dioceses and thus are NOT formed for the "sole benefit" of the BENEFICIARIES of the TRUST for which the ARCHBISHOP OF AGANA is the TRUSTEE.


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