Wednesday, March 28, 2018

Changing Stories

As you already know, Tim Rohr stated in his blog dated March 21, 2018 (the bold is mine): 
Let's make this very clear. An appeal is not an appeal when it is filed. An appeal is an appeal when the appellate court agrees to hear it. 
Today, Rohr has stated that there is no appeal and therefore, Archbishop Apuron is no longer the Archbishop of Agana.  He believes that title now belongs to the Coadjutor Archbishop Michael Byrnes.  However, this was never Rohr's initial belief when news of the verdict came out on March 16th.  According to news report dated March 16, 2018 (the bold is mine):
Tim Rohr, a member of the Catholic church on Guam who has been a longtime critic of Apuron, is one of the people who helped encourage Sondia and others to confront the archbishop. He said he’s also relieved by the verdict, but warns it’s not over yet.
“The sentence is suspended until the appeal is finalized,” Rohr said. “He is still Archbishop of Agana.”
Rohr made the above statement on March 16th, the day the verdict became public.  As I keep saying, Tim Rohr constantly changes his story.  

So, when did Rohr started to change his story????  It was on March 19th, the day that Coadjutor Archbishop Byrnes had his press conference with the media. On that same day before the press conference,  Rohr made it a point on his blog that Archbishop Apuron is referred as Bishop and that the Coadjutor Archbishop signed his name as "Archbishop of Agana" (See weblink here).  

Before the press conference, Rohr already knew ahead of time that the Coadjutor Archbishop had made up his mind to take the title for himself or was that a coincidence?  One has to wonder.  The Coadjutor Archbishop told news reporters that he ASSUMED that Archbishop Apuron is no longer the Archbishop of Agana.  According to news report (the bold is mine):
He said there had been no follow-up from the Vatican either as of March 17 and he assumed the former archbishop was now to be called Bishop Apuron, since losing the office of archbishop meant also losing the title associated with it.
“We’ll see with the appeal” what the final situation will be, he added.
Obviously, the Coadjutor Archbishop was fully aware that there was an appeals.  Since Archbishop Byrnes admitted that he had no follow-up from the Vatican, one then has to wonder why he made such an assumption especially when he was obviously aware of the appeal. Certainly, Archbishop Byrnes was not influenced by the Vatican who made no follow-up.  

Furthermore, the Vatican Press Release never mentioned Archbishop Byrnes.  In fact, the press release was never about him, but about the verdict.  So, the question is.......why assume that Archbishop Apuron no longer hold that title especially when that same Vatican Press Release clearly stated: In the case of an appeal, the imposed penalties are suspended until final resolution.  

Yes, it is interesting to note that Rohr's change of story came about the same time as Coadjutor Archbishop Byrnes' assumption. Rohr went further by stating that there was no appeal until the court agrees to hear it. However, the legal definition of appeal is:
1) v. to ask a higher court to reverse the decision of a trial court after final judgment or other legal ruling.
 2) n. the name for the process of appealing, as in "he has filed an appeal." 
And according to the Code of Canon Law on Appeals:
Can. 1630 §1. An appeal must be introduced before the judge who rendered the sentence within the peremptory period of fifteen useful days from the notice of the publication of the sentence. 
§2. If an appeal is made orally, the notary is to put it in writing in the presence of the appellant.
No where in canon law does it say that an appeal is an appeal when it is accepted by the court to hear it.  Therefore, Rohr did not get that idea of appeal from the code of canon law.  Nevertheless, the most important thing is that Tim Rohr changed his story, and this was not the first time he has done this.   

19 comments:

  1. As you encounter nuances of the Law, who said that you cannot change your position. Only fools do not change. We are not Canon lawyers. Canon law like any other law is subject to interpretation

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    1. Dear Anonymous at 12:24 pm,

      Subject to interpretion by whom....Tim Rohr? I am reading the canon law as it is written:

      Can. law 1638 An appeal suspends the execution of the sentence.

      Can. law 409 §1. When the episcopal see is vacant, the coadjutor bishop immediately becomes the bishop of the diocese for which he had been appointed provided that he has legitimately taken possession of it.

      Canon law 1638 did not leave the episcopal see vacant.

      Delete
  2. Diana, Archbishop Byrnes may have made an honest mistake in the press release. But he stated the facts correctly. Why do you think he was aware of the appeal? Did he receive communication from Archbishop Apuron? What is your best hope about the appeal? If there is no new revelation made about the cases, the appeal would not necessarily undo the sentence.

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    1. Dear Grow up,

      Honest mistake? It appears more like he was influenced. He was aware of the appeals because he mentioned it. He stated, "“We’ll see with the appeal”.

      According to the code of canon law:

      Can. 1639 §1. Without prejudice to the prescript of ⇒ can. 1683, a new cause for petitioning cannot be admitted at the appellate grade, not even by way of useful accumulation; consequently, the joinder of the issue can only address whether the prior sentence is to be con-firmed or revised either totally or partially.

      §2. New proofs, however, are admitted only according to the norm of ⇒ can. 1600.

      Can. 1640 The appellate grade must proceed in the same manner as first instance with appropriate adjustments; immediately after the issue has been joined according to the norm of ⇒ can. 1513, §1 and ⇒ can. 1639, §1 and unless the proofs possibly must be completed, the discussion of the case is to take place and the sentence rendered.

      The appeals court can either confirm or revise the verdict either totally or partially. Also, new proofs can be admitted in accordance to the norm of Canon law 1600. Are you not concern that Rohr has been constantly changing his story?

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    2. Dear Diana, Archbishop Byrnes probably heard that an appeal will be tended, but he assumed it takes a few more days until then. I don't know what is the officially recorded date of acceptance of the appeal in Vatican, but it usually takes some time until an appeal is composed and submitted.

      Maybe it is only me, but I feel like Archbishop Byrnes' efforts are not viewed without assumptions at you blog. Is this the case, dear Diana? I would be somewhat disappointed because I see a man of honest intention who is concerned about the survival of the church and truly wants to bring it out of this crisis.

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    3. Dear Grow up,

      I think Coadjutor Archbishop Byrnes is being misled and influenced by CCOG, and the Junglewatch Nation.

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  3. You mean Tim Rohr!!! ):€

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  4. Archbishop Byrnes is being influenced by several people connected with CCOG and LFM.
    Monsignor James is still head of Church Patrimony, Presbyteral Council, College of Consultors and Priest realignment council, Father Paul is a part of the Presbyteral Council, College of Consultors, head of clergy and Priest realignment council. Deacon Steve is the vicar of NCW (according to the archdiocese website). The catholic pro-life committee chair who is a member of CCOG and LFM is also influencing him from the chancery.
    All connected to CCOG and LFM.
    Archbishop Byrnes is needs to listen to both sides and come to the conclusion that will help both the traditional and those in the NCW. He needs to stop pushing the NCW away. They are here to stay and will help those who need help.
    I believe that Archbishop Byrnes should keep an open mind and not do what CCOG's agenda is. Which is having Msgr James and Pale' Paul and others in position. But use other priests like the Filipino Priests. But the priests have their own groups which does not favor other groups. For example, Local priests have tensions with priests that have been educated at the RMS.

    What will Archbishop Byrnes do? I hear that Msgr James, Pale' Paul, Pale' Mike, Pale' Richard are in a priest realignment group which Archbishop Byrnes seek their consultation with moving priests this coming July. I think there are 2 or 3 more priests in this group. But I heard there is no priest that graduated from RMS on this council. We wait to see... I hear Msgr James will go back to being rector of Cathedral.

    What are your thoughts?

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    1. I think this is local church politics that is not easy to follow. I suspect some rivalry is going on in the bottom line. Or not? I prefer to look at what is good for the church. Abp Byrnes won't do anything against Pope Francis' wishes, because he cares of his career and reputation. CCOG is a lobbyist group, LFM looks inactive and out of picture. So just a few people remain in opposition.

      Three people are here:
      -- Msgr. James,
      -- Fr. Paul and
      -- Deacon Steve.
      Are they the enemy? I don't think so. We are all brothers and sisters. So no. But we pray for them. They were in conflict of Apb. Apuron. Rich folks, now not in conflict of Abp. Byrnes. Question: who is better in serving the poor? Serving the diocese? Serving the communities? The Archbishop? We are the body of the risen Lord, the church. Alleluia!

      As I see, Abp. Byrnes is working with those who are willing to work with him. So? The devil is busy. Who will be realigned and won't? This is crucial for our prestige and growth. Filipino priests are good, they speak fluent English. Well, most of them. They also have the green card to stay on the establishment. This is good! The fight of cliques among priests is very, very painful. I suspect some hatred might also go on. But why? Not a Christian behavior! That should be eased up according to guidance of Pope Francis for the religious.

      What else? RMS priests are very well educated. Especially because they go to further their studies abroad. Who else is willing to study abroad? That should be appreciated. The church will survive because Pope Francis is the Vicar of Christ in Rome and Apb. Byrnes will follow step. He cannot not follow it. There is no other choice. In a nutshell.

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    2. Monsignor James reassigned to Cathedral Basilica
      Fr. Michael Crisostomo transfers to Tamuning
      Fr. Paul has been re-offered Dededo
      Monsignor David Quitugua goes to Asan
      Fr. Juliuz transfers to Toto
      Fr. Richard assigned to Inarajan
      Fr. Romeo transfers to Tumon
      Fr. Joel heads down to Piti
      Father Krysztof in charge of Malojloj
      Father Alberto goes to Agafa Gumas
      Fr. Carl moved to Merizo
      Fr. Jeff assigned to Yigo
      Fr. Edwin assigned to Chalan Pago
      Fr. Jojo gets Ordot

      Several of the Filipino priests have chosen not to renew their contracts and will return to PI. One or two priests already on Sobadical have been granted an extension. Several have been granted a first sobadical. Several have requested to be removed from incardination to this diocese. A few continue their mission work with the NCW. All others have been given an ultimatum by the CoAdjutor to return or ask another Bishop to take them in.

      I will update when made available by my non-neo chancery source

      Pas!
      -Jokers Wild

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    3. "Several of the Filipino priests have chosen not to renew their contracts and will return to PI"

      "Several have requested to be removed from incardination to this diocese."

      I wonder if Coadjutor Archbishop Byrnes have done any serious discernment or reflection as to why several priests prefer to be removed from incardination to this Archdiocese and several others prefer not to renew their contract and return to the Philippines. 

      Considering these factors, I would be careful with making ultimatums. After all, there is a shortage of Catholic priests in the U.S. and many other places; therefore, any Bishop would be glad to take them in.

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    4. According to what I heard, one filipino priest mentioned that he not wanting to stay on Guam was due specifically to the ongoing issues and more recently with the micromanaging that the chancery is doing over the parishes. It appears that the pastors only have control over the liturgy and sacraments of the their parishes and all other managements of the parish are being dictated by the chancery, more so the Financial Offices.
      In regards to this, apparently I also have come to find out that payroll of all parish staff is now centralized to the chancery office and apparently, the company that has the contract for processing payroll is owned by one of the Finance officers, a possible conflict of interest?
      In regards to the Coadjutor, I hear that most of his decisions are very much rooted on advice from the power players, those with deep heavy pockets so I dont blame him entirely. However, I dont agree with certain actions he has taken and more obvious his statements that he recently made. He basically summed it up by indirectly inferring that the history of the church on Guam is nothing but a bad memory that he is trying to rewrite.
      How dare he insist this. Something went right some where, because if it was all a mistake, I wouldnt be here defending the church that I belong to. He owes the ones before us a sincere apology.

      Pas!
      -Jokers Wild

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    5. Dear Jokers Wild,

      There will always be unhappy parishioners when there is a change of pastors. Cannot please everyone. Your list looks very political. Rewarding the favorites. Isolating those not in the inner circle. Surprises include nonRMS priests Father Joel to Piti and Father Carl to Merizo. Of course, this is not an official list. But this list is sure to generate a lot of discussion.

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  5. Regarding priest reassignments coming this July. Put all the Agana Diocesan priest names (including all off-island) in a bowl. Draw names for pastor of each parish. Let the Holy Spirit guide the hand of Bishop Byrnes in making new assignments.

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    1. Are you serious??? Put all the names (including all off-island) in a bowl and draw names? That's hilarious!!!

      The Holy Spirit is already guiding the mind and heart of Archbishop Byrnes. You just can't accept it.

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    2. Dear Anonymous at 6:26 pm,

      Actually, that was a good idea. It would eliminate favoritism.

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    3. @6:26pm....yup seriously..
      Didn't think that was hilarious....
      It is really guided by Holy Spirit if you invoke him prior to lottery...
      Out of your control....

      Delete
  6. I have published a new post regarding this topic, so kindly bring it under that post. This new topic is going away from the OP.

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  7. I see that Jose Martinez is a frequent visitor on your blog. I see he posted my comment on his personal facebook entitled Archbishop surrounds himself with Catholics. I find it funny that he still doing the radio station for KOLG and their show called Why do Catholics do that. I wonder why he went back to the radio after the CCOG protest? Those who break the church are often the people who are in them. Jose is CCOG member with his mom who is Catholic prolife committee chair at the Chancery with Byrnes.

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