FROM: Tim Rohr
TO: Secretaries for the Congregations for the Evangelization of Peoples, for the Clergy, for Bishops, and Apostolic Delegate for Guam and Oceania
November 19, 2015
RE: Concerned Catholics of Guam to present Archbishop Apuron documents to permit return of RMS property to Archdiocese of Agana
The group Concerned Catholics of Guam, Inc. (“CCOG”) is planning to present Archbishop Anthony S. Apuron the documents needed to permit the return of Title to a former diocesan real property asset (“the property”) valued at tens of millions of dollars back to the Archdiocese of Agana.
The Opinion also found that ultimate control of RMS and thus Title to the mega-million dollar property rested not with the office of the Archbishop of Agana, nor even with the corporation’s board of directors, but with a shadow board known as the Board of Guarantors - which (per the Legal Opinion) is “an unelected and un-removable board having veto power over the corporation’s board of directors, the officers, and the sole member, the Archbishop of Agana and his successor.”
Given that the Archdiocese of Agana is nearly TWENTY MILLION DOLLARS in debt, and in such bad financial condition that the archbishop recently closed St. Thomas Aquinas High School, the group Concerned Catholics of Guam, Inc. believes that Archbishop Apuron’s conveyance of Title to the mega-million dollar property, away from the Catholic faithful of the Archdiocese of Agana to a separate corporate entity, and for NO COMPENSATION, was an act causing direct and serious harm to the patrimony of the Archdiocese of Agana and even greater harm to the trust and confidence faithful Catholics of a diocese should be able to have in their bishop.
Thus, before the CCOG seeks both civil and canonical recourse against Archbishop Apuron, the group intends to give Archbishop Apuron the opportunity to set things right by seeing to the conveyance of Title to the property back to the Catholic faithful of the Archdiocese of Agana.
Currently Archbishop Apuron is off-island on an extended trip to the states and to the South American country of Colombia.
Upon Archbishop Apuron’s return to Guam, representatives of the CCOG will present the documents to Archbishop Apuron in his capacity as Chairman of the Board of the Redemptoris Mater Seminary. The CCOG will advise Apuron of the deadline to execute the documents. Failure to execute will result in the CCOG seeking recourse in both civil and church courts.
The transaction will require THREE documents:
- GRANT DEED
- BOARD OF DIRECTORS RESOLUTION TO CONVEY REAL PROPERTIES
- BOARD OF GUARANTORS RESOLUTION TO CONVEY REAL PROPERTIES
I will send copies of these documents in a private email to the Apostolic Delegate as well as the Congregations for the Evangelization of Peoples, for the Clergy, and for Bishops.
For the purposes of this post, I will explain each document and why it is necessary. Today I will explain the GRANT DEED. And over the next few days, I will explain both board resolutions.
THE GRANT DEED
The GRANT DEED is necessary because, contrary to what the archdiocesan chancellor, Fr. Adrian Cristobal has publicly stated, the property is NOT a legal asset of the Archdiocese of Agana. As per the Legal Opinion it is now wholly owned by the Redemptoris Mater Seminary.
What’s more, the Redemptoris Mater Seminary is NOT legally part of the Archdiocese of Agana. As per the Legal Opinion it is a separate Guam Non-Profit corporation over which the office of the Archbishop does not have ultimate control, as Cristobal, has also maintained.
Thus only a fully executed GRANT DEED can convey Title to the subject property back to the Archdiocese of Agana.
The other two documents and their explanation are forthcoming in a few days.
Until January 2015 when the problem was officially remedied, the Redemptoris Mater Seminary has been operating under three names:
- Redemptoris Mater House of Formation
- Redemptoris Mater Archdiocesan Missionary Seminary of Guam
- Redemptoris Mater Seminary, Archdiocese of Agana - which as of January 2015 is the corporation’s legal name.
The original WARRANTY DEED uses the name REDEMPTORIS MATER SEMINARY ARCHDIOCESAN MISSIONARY SEMINARY OF GUAM, thus the GRANT DEED uses the same name.
The corporate name for the Archdiocese of Agana is ARCHBISHOP OF AGANA, A CORPORATION SOLE, ARCHBISHOP ANTHONY S. APURON, OFM CAP, D.D., INCUMBENT. A “corporation sole” is a unique corporate entity which incorporates an “office” occupied by a single person, the “incumbent.” In the United States this form of corporation is used primarily for hierarchical churches such as the Catholic Church so that church assets will legally pass from an incumbent to his successor.
Also attached is a copy of the Legal Opinion regarding Real Property Conveyance and Corporate Governance relating to The Redemptoris Mater House of Formation; a Guam Non-Profit Corporation.