Saturday, May 16, 2015
Bashers Falsely Accused Apuron
The following was found in today's Pacific Daily News on the opinion page. It was written by Mari Flor L. Herrero.
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Concerned Catholics? Indeed, this group seems to be very concerned, but there is very little of "Catholic" about them. If they are so concerned about our Church and its people, why is it that they have not said one single word on this issue of same sex unions? As well as many other issues which are affecting our community big time, such as suicide, teen pregnancy, adultery, drug-addiction, homelessness, sexual and spousal abuse and so on.
Truly concerned Catholics should be about seeking, practicing and witnessing to the truth. Instead, this group appears to be concerned about their perceived lack of control over the archdiocese's top management, specifically its finances, and by extension their perceived lack of control over our archbishop's actions and decisions.
Thus, they do not hesitate to spread rumors and consistently bash our archbishop. They should change their name to "Archbishop-Bashers."
I still find it hard to understand why, from day one, these archbishop-bashers have been harping on the seminary property. Do they have a hidden agenda? Is it they want to transform it into a casino? It may seem a preposterous claim, but recall that one of the original parties interested in buying the property is a strong promoter for casinos.
Now they are spreading the silly lie that the archbishop handed the seminary to the Neocatechumenal Way. Why silly? Because the archbishop cannot alienate anything that is not his own; the Redemptoris Mater belongs to the Archdiocese.
This alienation, besides, cannot ever happen because the Neocatechumenal Way cannot, by virtue of its statutes, own property. These statutes are untouchable because the pope himself approved them.
However, I have been informed that the archdiocese, to dispel all these gossips, decided to conduct an independent, tri-prong investigation.
First, an ownership report. One of the most experienced title and escrow companies in Guam, the Pacific American Title, was asked to conduct a study. They did. This was their conclusion: The owner of the lots on which the seminary sits, belongs to the archbishop of Agana. Period. No transfer has ever occurred. So, the Concerned Catholics are wrong. Again.
Then, a civil law report. The archdiocese contacted the most prestigious law firm in the whole United States, the expert in civil-religious issues related to corporation soles. Lewis Roca Rothgerber LLP in Denver, Colorado, was asked to give a legal opinion on the archbishop's powers, as sole member of the seminary. Their conclusions were that the archbishop of Agana retains substantial authority over Redemptoris Mater, as the archbishop is the sole member of the entity under civil incorporation laws.
They even added, "The method used by the archbishop under civil law of conveying beneficial use of the property to Redemptoris Mater while retaining legal title to the property within the Archdiocese of Agana is:
"a. consistent with canon law prescribed structures;
"b. is consistent with civil law methods widely used by numerous Catholic dioceses in the United States both historically and currently;
"c. and is a necessary civil law structure to reflect and enforce the archbishop's powers of jurisdiction over Redemptoris Mater under the Code of Canon Law.
"Absent the express approval of the archbishop of Agana, neither Redemptoris Mater nor any governing board or other person affiliated with such entity has the civil power or authority to cause the transfer or sale of the property."
Their final words are so explicit. "For those lawyers who regularly practice this specialized area of religious institutions law, including the intersection of canon and secular law, the conclusion reached here that the archbishop is in control of the property would not be at all controversial."
The Archdiocese asked for a further appraisal, this time from the Pontifical Council for the Interpretation of Legislative Texts at the Vatican. This council is the highest authority in the Catholic Church in these matters.
Their pronouncement again pushed overboard these false accusations of the archbishop-bashers. In fact, the council concluded that "based on what has been said, it seems ... devoid of truth to speak of sale or alienation of a diocesan patrimony in this context." It is also clear that the present assignment of this patrimony to the seminary does not make it "a real alienation because, the owner remains the same, namely the diocese or the archbishop."
What is then the truth? Simple: The property is still safe and secure in the hands of the archdiocese. "All rumors, opinions and writings contrary to the aforesaid documents just show slanderous intentions aiming to disturb the communion of the people of God with grave moral responsibility of the authors."
Regrettably, as Mark Twain wrote, "A lie can travel half way around the world while the truth is putting on its shoes."
These three reports are available to the public at the Chancery Office in Hagåtña (San Ramon Hill).
Mari Flor L. Herrero is president of Lorea Industries
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"the Neocatechumenal Way cannot, by virtue of its statutes, own property. "
ReplyDeleteYes, they just erect foundations that own property. Its a rort.
Like the Domus Galilaeae:
"The Domus Galilaeae is a project funded by Family of Nazareth, Amuta, a non-profit corporation which accepts donations from any individual, group, organization or company. You may show your support for the Domus Galilaeae in any form either anonymously, using our account information below or by contacting us."
Dear Anonymous at 9:52 pm
DeleteThe Domus Galilaeae does not belong to the NCW. It belongs to the Catholic Church.
Yes, like RMS belongs to Catholic Church. Give it to us to use in perpetuity!!
DeleteAnonymousMay 17, 2015 at 7:56 AM
DeleteYes, like RMS belongs to Catholic Church. Give it to us to use in perpetuity!!
It was given to us from the SPIRIT of the LORD which when received will last forever.
Are you ready to receive the gift of the Holy Spirit?
I believe that to ask is to receive....but your sarcastic comment maybe a mirror into your heart.
It is good that only God only knows what is in your heart.
JSB
The Domus Galilaeae belongs to the "Family of Nazareth, Amuta" foundation
DeleteCasinos ???????????? TIM ....
DeleteIt is rather ironic, that each time an apologist for the NCW makes these sorts of statements, it only provides evidence for the very problems they wish to sweep under the rug.
ReplyDeleteFor example, in the same breath that the author of this article accuses the critics of coming up with silly lies, she suggests that the reason for the opposition for the restriction on the Yona property, is that they want to turn it into a casino. Nothing really needs to be said about the stupidity of this remark, but there it is anyway.
The NCW are better off saying nothing if they think they are right. The evidence suggests that they know they are not right - and these articles are simply the way they try to alleviate their own guilt and reduce the cognitive dissonance caused by their poor choices.
Dear Anonymous at 1:29 pm,
DeleteIt seems that the article hit a nerve with you. I see nothing stupid about what the author said. According to the article: "It may seem a preposterous claim, but recall that one of the original parties interested in buying the property is a strong promoter for casinos."
evidence? that which tends to prove or disprove something; ground for belief; proof.
Deletesomething that makes plain or clear; an indication or sign
your sense of evidence washes away with the truth of Jesus Christ.
JSB
well!! Well!! Said Mari Flor L. Herrero.
ReplyDeleteMaybe that's why Tim is so concerned about the seminary property, he loves getting donations. Oh!! he says income...
ReplyDeleteGreat article, Ms. Herrero. Documented. Factual. Truthful. Accurate. Thanks.
ReplyDeletehttp://www.zenit.org/it/articles/kiko-arguello-e-carmen-hernandez-dottori-in-teologia-per-la-catholic-university-of-america
ReplyDeleteIt seems to hit a nerve with Tim, he's ready to drop some bombs.........*
ReplyDeleteDear Anonymous at 3:11 am,
DeleteIs he going to drop bombs on the Pacific American Title, the most prestigious law firm Lewis Roca Rothgerber LLP in Denver, Colorado, and the Pontifical Council to try and prove them wrong?????? If all he is going to do is drop bombs on the Archbishop, then he would only prove Mari Herrero correct in calling them "Archbishop bashers."
Yeah, and if they complain about the perpetuity clause, then they have an issue with the building being a seminary. They want the perpetuity clause gone so they can turn it into a casino.
Delete"I am writing this letter to assure you...and your very generous benefactors who will always remain anonymous that the donation given to the Archdiocese of Agana when the former Accion Hotel in Yona, previously owned by a Japanese Company was bought by the Archdiocese of Agana in which the Redemptoris Mater Archdiocesan Seminary of Guam has, is and continues to be used as a seminary, but, in title belongs to the Archdiocese of Agana."
ReplyDelete"May I ask a favor...send me a letter of support for the donation made by your donors and benefactors to the Archdiocese of Agana in 2003 for the purchase of the Accion Hotel for the Archdiocese of Agana for the purpose of housing the Redemptoris Mater Seminary and the Theological Institute for the formation of priests."
ReplyDeleteIn conclusion, dear Archbishop Apuron, I cannot sign the letter your drafted for me because it would not in fact be truthful. We are keeping you, the seminarians and all the people of Guam very much in our prayers. May the Spirit of love bring peace and unity to all. Sincerely in Christ, TDR.
ReplyDeleteDear Anonymous at 6:39 am,
DeleteYour quote is taken out of context. Let us see BOTH letters rather than statements taken out of context in one letter. Surely, it cannot be about the TITLE of the property because as pointed out....the title is still under the Archdiocese of Agana.
No, its about a restriction on who can use it, in perpetuity, which has the effect of excluding it from the patrimony of the Archdiocese
DeleteDear Anonymous at 10:27 a.m.,
DeleteIt is not a restriction on WHO can use it. It is a restriction on WHAT it is to be used for. In other words, you cannot use the building for a casino.
dear diana; it would not be out of context if you had posted all the story
DeleteDear Archbishop Apuron, in 2003 when the said "funds" were donated, we had absolutely no knowledge of these entities (like Redemptoris Mater Seminary, the Neo-catechumenal Way, or the Theological Institute for the formation of priests), not to speak of any specific intention whatsoever to relate this donation to them. In fact, we did not even know of these lay organizations, so naturally we could not direct anything to them by name. It was our sole intention to help the people of Guam to provide a property for a seminary for the formation of priests for the Church in Guam. At that time, in 2003, we were made aware of the burden you were carrying in regard to the purchase of this property for a seminary. It was our desire to help relieve you of this concern and enable the Archdiocese to conduct a seminary in the former hotel. This was our intent. It was not our intent that the Archdiocese place on the hotel property, purchased with our donation, a deed restriction, in perpetuity, whereby the property is now dedicated to be used only for the Redemptoris Mater Seminary and Theological Institute. As a result, we felt "very ill at ease" when we came to know about the "Deed Restriction" which gives the Redemptoris Mater Seminary control of the said Property in "perpetuity". The phrase, "in perpetuity" implies that the seminary now belongs to the Neocatechumenal Way Christians, which is the only group permitted to use the property now or in the future.
What if next bishop want to do something else with it??
DeleteWhy was deed of restriction hidden from the Archdiocese.
DeleteDear Anonymous at 12:30 pm,
DeleteThe perpetuity clause was placed there to ensure the benefactor's wishes. The money that purchased that hotel did not come from the people of Guam. It came from a donor who gave the money on certain conditions. The Archbishop made sure that the benefactor's wishes were protected.
Dear Diana at 11.54, you are wrong. The Deed of Restriction states:
Delete"The Property shall be dedicated, to and for the use, of REDEMPTORIS MATER ARCHDIOCESAN MISSIONARY SEMINARY, A non-profit corporation with ID number ...., IN PERPETUAL USE" etc
This is a WHO not a WHAT. The WHAT is a consequence of the WHO
Dear Anonymous at 12:33 pm,
DeleteIt was never hidden. The Archbishop had always been saying that the title is still under the Archdiocese of Agana. And he also said that the people of Guam did not put up any money for the seminary in Yona. A person outside of Guam gave the money on the condition that it be used as a seminary.
Dear Anonymous at 12:12 pm,
DeleteNow you and TDR knows for a fact that the seminary does NOT belong to the Neocatechuenal Way as TDR was falsely led to believe. "According to TDR: The phrase, "in perpetuity" implies that the seminary now belongs to the Neocatechumenal Way Christians, which is the only group permitted to use the property now or in the future."
Now, everyone (including TDR) the truth about the seminary. The Redemptoris Mater Seminary does NOT belong to the NCW. It belongs to the Archdiocese of Agana. The title is under the Archdiocese of Agana, not NCW. This seminary is for the people of Guam in that some of the priests formed in this seminary is now serving the parishes of Guam. Now, you and TDR know the truth......thanks to those 3 agencies that the Archbishop asked to investigate in order to dispel the false rumors.
Dear Anonymous at 1:13 pm,
DeleteAre you saying that the property is NOT under the Archdiocese of Agana????? If you are, then prove that the Pacific American Title, the law firm Lewis Roca Rothgerber LLP in Denver, Colorado, and the Pontifical Council are wrong. All these three agencies are saying that the property is under the Archdiocese of Agana. The title is NOT under the Redemptoris Mater Seminary.
Dear Diana at 1.55PM. If you think that my post is saying that "the property is NOT under the Archdiocese of Agana????? ", you ought to take it up with the Archbishop, as I merely copied the wording from the Decree of Restriction. Ironic really.
DeleteDear Anonymous at 1:59 pm,
DeleteActually, you misinterpreted the Decree of Restrictions. The Archbishop has always been saying that the property is under the Archdiocese of Agana. The Pacific American Title, the law firm Lewis Roca Rothgerber LLP in Denver, Colorado, and the Pontifical Council says the same thing as the Archbishop, and I will listen to them because they are the EXPERTS in this field.
Please explain what the Pontifical Council said.
DeleteAccording to what was published in the Umatuna:
DeleteThe Pontifical Council for the Interpretation of Legislative Texts, which his the highest authority in the Catholic Church for interpreting the laws of the Church, was asked to provide a ruling on the land, building and title of the present Redemptoris Mater Seminary.
The Pontifical Council concluded that there was no alienation of the property even if the Archbishop transferred the title of the property to the RMS Corporation because "based on what has been said, it seems...devoid of truth to speak of sale or alienation of a diocesan patrimony in this context...it is also clear that the present assignment of this patrimony to the Seminary does not make it a real" alienation because the owner remains the same, namely the diocese or the Archbishop." [3]
Dear Diana at 2.13
DeleteYou said "It is not a restriction on WHO can use it. It is a restriction on WHAT it is to be used for."
I copied from the Deed of restriction, namely: "The Property shall be dedicated, to and for the use, of REDEMPTORIS MATER ARCHDIOCESAN MISSIONARY SEMINARY, A non-profit corporation with ID number ...., IN PERPETUAL USE" etc
And then I commented that: This is a WHO not a WHAT. The WHAT is a consequence of the WHO
Now you are changing the focus to speak about ownership. However, the conversation was about the restriction, not about the "ownership"
Dear Anonymous at 3:37 pm,
DeleteThe "perpetual use" is for the Redemptoris Mater Seminary. The USE is for the RMS, but the title is under the Archdiocese of Agana. The Archdiocese has the control and the ownership. The Property is USED for the RMS. This does not mean that the RMS has control or that the title is under the RMS. As the three agencies said, the title and control of the property is under theArchdiocese.
"As the three agencies said, the title and control of the property is under theArchdiocese. "
DeleteThat may well be, however the Deed of Restriction clearly says that it is restricted for perpetual use by a certain non-profit corporation.
Dear Anonymous at 5:47 pm,
DeleteYes, it is restricted for the perpetual USE for the Remdemptoris Mater Seminary.
"Yes, it is restricted for the perpetual USE for the Remdemptoris Mater Seminary. "
DeleteNo, "The Property shall be dedicated, to and for the use, of REDEMPTORIS MATER ARCHDIOCESAN MISSIONARY SEMINARY, A non-profit corporation with ID number"
A corporation
Dear Anonymous at 8:35 pm,
DeleteThe last time I checked, the Redemptoris Mater was a seminary rather than a corporation.
It was not our intent that the Archdiocese place on the hotel property, purchased with our donation, a deed restriction, in perpetuity, whereby the property is now dedicated to be used only for the Redemptoris Mater Seminary and Theological Institute. As a result, we felt "very ill at ease" when we came to know about the "Deed Restriction" which gives the Redemptoris Mater Seminary control of the said Property in "perpetuity"
DeleteDear Anonymous at 10:20 pm,
DeleteTDR also admitted the following statement:
"we had absolutely no knowledge of these entities (like Redemptoris Mater Seminary, the Neo-catechumenal Way, or the Theological Institute for the formation of priests), not to speak of any specific intention whatsoever to relate this donation to them. In fact, we did not even know of these lay organizations, so naturally we could not direct anything to them by name."
They have no idea what the NCW or the RMS is. But the three agencies that the Archbishop asked to investigate regarding the title are fully aware of the NCW and the RMS. They are the experts and have full knowledge.
Diana @ 10:48PM, the statement by TDR seems to contradict what you wrote in January: "The money for the purchase of the Hotel was donated to the Archdiocese by an off island benefactor who offered it with the explicit intention of erecting the Seminary and the Theological Institute."
DeleteIf as you say "They have no idea what the NCW or the RMS is" how is it that in January you told us that the money was donated with the explicit intention of erecting the Seminary and the Theological Institute?
"The last time I checked, the Redemptoris Mater was a seminary rather than a corporation. "
DeleteThe Archbishop lodged the Deed of Restriction, which clearly identifies the Redemptoris Mater Archdiocesan Missionary Seminary as a corporation. If you don;t like that, perhaps you could write to the pope?
Dear Anonymous at 11:02 pm,
DeleteTDR did not want to put the NAME of RMS simply because they have never heard of RMS. All that is needed is to educate them into understanding that RMS (which they never heard of) is a seminary and theological institute. According to TDR's letter (capitalization is mine):
"we had absolutely no knowledge of these entities (like Redemptoris Mater Seminary, the Neo-catechumenal Way, or the Theological Institute for the formation of priests), not to speak of any specific intention whatsoever to relate this donation to them. In fact, we did not even know of these lay organizations, so naturally we could not direct anything to them by NAME."
Dear Anonymous at 12;11 am,
DeleteCall it what you want. The important thing is that the title and control of the property is under the Archdiocese of Agana, which is contrary to what the jungle has been saying. There are three highly prestigious agencies that confirms this. Therefore, the jungle has been inventing stories and spreading false rumors.
Diana at 7:32 AM, so what you are saying is that once TDR is educated " into understanding that RMS (which they never heard of) is a seminary and theological institute" TDR will amend the statement and say they are agreeable to the claim that it was their explicit intention of erecting the Seminary and the Theological Institute?
DeleteShouldn't TDR then be willing to sign the letter as the archbishop asked?
What about later in the letter where TDR wrote It was not our intent that the Archdiocese place on the hotel property, purchased with our donation, a deed restriction, in perpetuity, whereby the property is now dedicated to be used only for the Redemptoris Mater Seminary and Theological Institute. As a result, we felt "very ill at ease" when we came to know about the "Deed Restriction" which gives the Redemptoris Mater Seminary control of the said Property in "perpetuity". I may be mistaken but it reads as though TDR indicates that is still an issue since there is a sense of being "ill at ease."
Dear Anonymous at 1:44 pm,
DeleteThey cannot sign something without knowing what the NCW or RMS is. Their sole intent was to erect a seminary and theological institute. Because they have absolutely no idea what RMS is or even what it stands for, then naturally they would disagree with the restriction. How can they agree to something they have no knowledge of?
Hey diana they are making fun of this article in the trash blog I guess they just want to be proud to be divided
ReplyDelete