No. 917 Diocese of Marbel, Philippines 02 March 2017
Fr. Reynaldo Mission, MPM, JCD attended the 25th National Convention of the Canon Law Society of the Philippines (CLSP), 13-16 February 2017, Oriental Hotel, Legaspi City, Albay.
Here is his report.
Highlights of the Convention
- Professor Miraslov Konstanc Adam, OP, JCD gave his lecture: The Pastoral Hermeneutics “Mitis Iudex” (Merciful Judge).
– He presented the motives for the new matrimonial processes, and some principles of the new process of the nullity of marriage.
FIRST TALK: MOTIVES FOR THE NEW MATRIMONIAL PROCESSES
- The Urgency of the Process
- It is a reality that there are lots of failed marriages, and the process takes too long to finish.
- Statistics prove the urgency of the situation.
- The Route of the Reform of the Process of Nullity of Marriage
- There is a need to simplify the procedure tomake it quick but still safeguarding the principle of the indissolubility of marriage.
- This process is done, motivated by love and mercy.
- The Same Process in Two Different Documents: one for the Latin Church and the other for the Eastern Catholic Churches.
SOME PRINCIPLES OF THE NEW PROCESS OF THE NULLITY OF MARRIAGE
- Wounded Faithful at the Centre of the Spiritual Care of the Pastors
Provide a means to come closer to the faithful who are in need of this pastoral service (physical, psychological, moral).
- Abolition of the Obligation of the Conformity of Two Sentences
- The historical reasons for the obligation of two conforming sentences no longer exist during our time.
- The abolition does not prevent the parties from making an appeal of the first instance’s decision.
- The Central Role of the Bishop in the Administration of Justice
- The possibility of the Diocesan Bishop of constituting a sole judge tribunal. (c. 1425, 4)
- The Diocesan Bishop can appoint an instructor/assessor for the briefer process.
- The Diocesan Bishop has to personally issue the sentence.
- The Diocesan Bishop has to ensure that there are sufficient number of workers of the tribunal.
- The Diocesan Bishop needs to erect a consultative and intermediate informative service.
- The Synodal Aspect of the Administration of Justice. Episcopal Conferences
- should stimulate the individual bishops to put in practice the reform of the marriage process, helping them to erect their proper diocesan tribunals;
- should see that the gratuity of the procedures is ensured-guaranteeing, however, the just and dignified remuneration;
- should offer a permanent formation, in collaboration with the initiative of the DB and the Holy See, for the personnel employed in the ecclesiastical tribunal.
- The Right of Appeal to the Apostolic See
- The Gratuity of the Processes
- The parties should not be burdened by the cost, but that the just compensation of the personnel should also not be compromised. Financial support may be outsourced so as to assure that more cases can still be processed.
SECOND TALK: THE NECESSARY PREREQUISITES FOR THE USE OF THE BRIEFER PROCESS
- A closer look at the circumstances described in Art. 14 of the Procedural Norms
- “…that the Bishop himself, in the Church over which he has been appointed shepherd and head, is by that very fact the judge of those faithful entrusted to his care.” Mitis Iudex Dominus Iesus Preface
- “This applies especially in the shorter process, which is established to resolve the most obvious cases on nullity…[and] in those cases where the alleged nullity of marriage is supported by particularly clear arguments.”
The Business meeting in the afternnoon was scheduled at 1:30. After the reports of the different committees, an election was conducted. There were five nominees for the office of the president.
President : Fr. Junar de la Victoria (Archdiocese of Davao) – had landslide victory.
Vice Presidents were then elected:
Luzon : Msgr. Gary Formoso from Vigan
Visayas : Fr. Hector Villamil from Palo
Mindanao : Fr. Rey Mission from Marbel
Secretary and Treasurer were re-elected unanimously.
The members of the Board whose terms expired were re-elected unanimously to their respective positions.
THE LORD JESUS: MERCIFUL JUDGE!
Note: The Diocesan Tribunal of Marbel has already facilitated the declaration of Eight (8) cases of Nullity of Marriage. Ten (10) are in the process. Bishop D.G.
Back to: 2017 Communications from the Bishop