Thursday, November 19, 2015

NOTE TO ROME


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. 

A May 13, 2015 Legal Opinion by a Guam law office retained by CCOG, found that a deed executed by Archbishop Apuron - without the knowledge of the diocesan bodies required for consent - in November of 2011, was “an absolute conveyance in fee simple” of the property from the Archbishop of Agana, a Corporation Sole, to the Redemptoris Mater House of Formation, a Guam Non-Profit Corporation (now known as the Redemptoris Mater Seminary - “RMS”).

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:

  1. GRANT DEED
  2. BOARD OF DIRECTORS RESOLUTION TO CONVEY REAL PROPERTIES
  3. 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. 

NOTES:
Until January 2015 when the problem was officially remedied, the Redemptoris Mater Seminary has been operating under three names:

  1. Redemptoris Mater House of Formation
  2. Redemptoris Mater Archdiocesan Missionary Seminary of Guam
  3. 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. 

Respectfully, 


Tim Rohr
www.JungleWatch.info

11 comments:

  1. If this goes to court who will be apuron's lawyer -- the one who is "the smartest trained lawyer on Guam" according to one anonymous comment -- Jackie Terlaje? And our lawyer would be Atty Bronze! I'm sending my donation to CCOG for this hopeful spectacle!! Oh Joy! Joy! Joy!

    ReplyDelete
  2. Timmy, Timmy, NO '' C A S I N O'' Give it up now

    ReplyDelete
    Replies
    1. Rudy, Rudy, NO "V I V I A N" Give her up now.

      Delete
    2. But of course your KAKA thinking is well...KAKA thinking. The CCOG is demanding that the property be given back to ANTHONY SABLAN APURON, OFM CAP., D.D., INCUMBENT, ARCHBISHOP OF AGANA, A CORPORATION SOLE. Thus the only person who could turn his hotel into a casino would be him. As it is now, three people from New Jersey could turn it into anything they want.

      You idiots are so fun. The CCOG is working to get the property back into the control of the Archbishop of Agana and you believe Diana Susanna's KAKA that the CCOG will somehow gain control of it. The CCOG is actually trying to make it IMPOSSIBLE for anyone to control it except for the Archbishop.

      Thanks for the opportunity to once again demonstrate what KAKA does to your brain...as if there was anything there to start with. Courage.

      Delete
    3. WHAM, BAM, THANK YOU TIM. THE NEOS JUST GOT SLAMMED!!!!!

      Wait cause their smartest lawyer on Guam and Adrian are clueless and Diana still is trying to google her neo way to another opinion. Silly NEOS....

      Delete
    4. Timmy, please NO! Cannot give up V I V I A N ! In to D E E P like the K A K A I am in!

      Delete
  3. I would like to know when the documents will be presented so I go.

    ReplyDelete
  4. Dear Pope Francis, you say these words that tells me there is still HOPE for Guam. Please extend your hand towards Guam and help us!
    ------------------------------------------------------------------------------------
    Pope Francis: Priests should not often be sad or nervous

    Print
    2015-11-20 Vatican Radio
    (Vatican Radio) Pope Francis on Friday said a good priest “creates serenity,” and a priest “that is often sad, nervous, or has a hard character” is not good for himself or his people.
    The Holy Father was addressing a Conference sponsored by the Congregation for the Clergy marking the fiftieth anniversary of the proclamation of the Vatican II decrees Presbyterorum ordinis [Decree on the Ministry and Life of Priests] and Optatam Totius [Decree on Priestly Training].
    Pope Francis focused on three brief phrases found in a passage of Presbyterorum ordinis, stating that priests are “taken from among men,” “ordained for men,” and “live in the midst of other men.”
    “Even priests have a biography, and are not ‘mushrooms’ which sprout up suddenly at the Cathedral on their day of ordination,” said the Holy Father. “It is important for formators and the priests themselves to remember this, and know how to take this personal history into account along the formation path.”
    The Pope added the “fundamental place” of the human formation of the priesthood is the family, which Is the “centre of pastoral work” and can do much to foster vocations
    “A good priest is first of all a man with his own humanity, who knows his own history – with its treasures and wounds – and has learned to make peace with it, gaining a profound serenity, characteristic of a disciple of the Lord,” he said. “Human formation is therefore needed for priests, so they may learn not to be dominated by their limits, but rather to put their talents to use.”
    The Pope said a priest is “a man of peace” who surrounds himself with serenity, even during hardships.
    “It is not normal for a priest to be often sad, nervous, or of a hard character; it is not good, and does no good, neither for the priest nor for his people,” he said.
    Pope Francis said “our humanity is the ‘clay pot’ in which we guard the treasure of God,” and so care must be taken to protect it.
    Moving to the second point, the Holy Father reminded priests they are called “to serve our brothers and sisters.”
    “We are not priests for our own sake, and our sanctification is closely linked to that of our people, our anointing to their anointing,” he said, adding priests should be “authoritative, not authoritarian; firm, but not hard; joyful, but not superficial…in short, shepherds, not functionaries.”
    Finally, turning to the third point, Pope Francis said priests must remain with their people, and not treat the priesthood “like a job one does, and afterwards lives a life apart.”
    “The good that priests can do comes primarily from their proximity to - and a tender love for - their people,” he said. “They are not philanthropists or functionaries, but fathers and brothers.”
    (from Vatican Radio)

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  5. The media should be aware of when apuron will be presented the documents. Also, most importantly, ALL other exits should be blocked lest 'back door" apuron decides to go that route
    which he is known to do (out of habit?).

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  6. For sure CCOG will make sure there will be media coverage when it delivers the letter to apuron. Right, CCOG? With media covering it, it will certainly want to follow up on whatever became of it - good news for them. Let the people know what happening through their media coverage, non only through junglewatch. When people know why CCOG is delivering the letter to apurong, people will want to know also why apuron did what he did.

    ReplyDelete
  7. For sure CCOG will make sure there will be media coverage when it delivers the letter to apuron. Right, CCOG? With media covering it, it will certainly want to follow up on whatever became of it - good news for them. Let the people know what happening through their media coverage, non only through junglewatch. When people know why CCOG is delivering the letter to apurong, people will want to know also why apuron did what he did.

    ReplyDelete