Diocesan Bishop and the Administration of Temporal Goods
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p-ISSN: 2302-5476 e-ISSN: 2579-3934 JURNAL TEOLOGI, 07.02 (2018): 141-152 DIOCESAN BISHOP AND THE ADMINISTRATION 1 OF TEMPORAL GOODS OF THE CHURCH I Made Markus Suma a,1 a University of Santo Tomas Manila, Philippines 1 [email protected] _ ABSTRACT To govern his diocese, a diocesan Bishop exercises the threefold power of gov- ernance, namely legislative, executive and judicial power. As regards the executive power he can exercise personally or through another person. Ad- ministrative power becomes the area for the exercise of the executive power, including in the administration of temporal goods of the diocese and of other Keywords: public juridical persons subject to him. In performing a good administration of the temporal goods of the Church, a diocesan Bishop needs to comply with diocesan Bishop, pertinent canonical norms as well as to collaborate with respective council or temporal goods, persons concerned to avoid the abuse of power or misuse of temporal goods. administrator, The matter in question is discussed in the view of canonical analysis. This administration research aims at obtaining canonical assessments to the authority of dioce- san Bishop in administering Church’s properties according to their proper purposes. The first part elaborates in short the juridical power exercised by the diocesan Bishop. It is followed by the second part, namely discussion on the temporal goods of the Church. As the focal point, the third part treats the authority of diocesan Bishop over the temporal goods and then a concise con- clusion is presented. The Catholic Church which coalesces temporal goods which belong to particular from a divine and a human element (LG, Church. Every particular Church is gov- No. 8) needs adequate means to fulfill her erned by a diocesan Bishop, including on mission on earth, that is, to be the univer- the financial matters or the administration sal sacrament of salvation (LG, No. 48) as of temporal goods. As the administrator of well as to participate in tria munera Chris- temporal good in his respective diocese (Cf. ti. Temporal goods are among other means can. 375, §1), what is the authority of dioc- which have important place in this regard. esan Bishop over the administration of tem- However, temporal goods of the Church poral goods of the Church? must be administered properly. Canon 1277 In this research, the executive power of speaks of the acts of administration of tem- diocesan Bishop especially pertaining the poral good of the Church, in particular the DOI: 10.24071/jt.v7i2.1090 W: http://e-journal.usd.ac.id/index.php/jt | E: [email protected] JURNAL TEOLOGI, 07.02 (2018): 141-152 administration of the temporal goods of the is managing the resources of the diocese in Church is being discussed. The research is such a way that certain basic principle are divided into five parts. A short exposition observed.”2 concerning diocesan Bishop in particular Church takes the first place. And then sev- TEMPORAL GOODS OF THE CHURCH eral fundamental elements related to tem- For the sake of clarity, several fundamen- poral goods of the Church are expounded. tal elements related to temporal goods of It is followed by the discussion on the ad- the Church need to be clarified at the first ministration of temporal goods. The last part place. It begins with the claim of the Church dwells on the authority of diocesan Bishop to have innate right (iure nativo) over tem- concerning the administration of temporal poral goods. It is then followed by the use of goods. The discussion upon the matter in temporal goods aims at three primary pur- question yields some points as conclusion. poses. To attain these purposes, the jurid- ical persons need the capable and eligible DIOCESAN BISHOP administrators of temporal goods. The activ- ities carried out by the administrators are By virtue of his episcopal consecration under the authority of the superior. (can. 379) and in hierarchical communion with the college of Bishops and its head (can. The Right of the Church 375, §2), a diocesan Bishop has received di- The Church has claimed the right to vine power to govern a portion of the people acquire, retain, administer and alienate of God namely, a particular Church or dio- temporal goods proper to her mission. The cese (can. 368) entrusted to his care. With claim is even emphasized through the qual- ordinaria (ordinary), propria (proper) and ifying term ‘innate’. Canon 1254, §1 clearly immediata (immediate) power, he governs states, “Ecclesia catholica bona temporalia his diocese (can. 381, §1). iure nativo, independenter a civili potestate, acquirere, retinere, administrare et alienare Having taken the administration of the valet ad fines sibi proprios prosequendos.” diocese through canonical possession ad This is the iure nativo of the Church which normam can. 382, §1, the diocesan Bish- has been incorporated into the 1983 Code. op exercises the threefold power of gover- Consequently, no authority including civil nance, namely legislative power, executive authority can intervene the exercise of this power and judicial power (can. 391). As right. It is expressed by the phrase “inde- regards the executive power he can exer- pendenter a civili potestate”. cise personally or through another person. The Church’s right to temporal goods Administrative power becomes the area for comprises of four acts, that is, to acquire the exercise of the executive power, includ- (acquirere), to retain (retinere), to adminis- ing in the administration of temporal goods ter (administrare) and to alienate (alienare). within the diocese and other public juridi- In Book V of the 1983 Code, however, these cal persons subject to the diocesan Bishop acts classified into three categories, namely (Cf. 1278, 1276, §1, 1279, §2). “According- to acquire and to retain (cann. 1259-1272, ly an integral part of episcopal governance Title I), to administer (cann. 1273-1289, 142 I Made Markus Summa: Diocesan Bishop and the Administration of Temporal Goods... JURNAL TEOLOGI, 07.02 (2018): 141-152 Title II) and to alienate (cann. 1290-1298, Subjects of Temporal Goods Title III). The Church has claimed to have right Proper Purposes over temporal goods. This right does not ex- The acquisition, administration and clusively belongs to the universal Church. alienation of temporal goods are for particu- Canon 1258 clarifies the scope as follows, “In lar purposes designated by the Church. The the canons which follow, the term Church second paragraph of canon 1254 legislates, signifies not only the universal Church or “Fines vero proprii praecipue sunt: cultus the Apostolic See, but also any public jurid- divinus ordinandus, honesta cleri aliorum- ical person in the Church…” It should be que ministrorum sustenatio procuranda, op- noted that any public juridical person in the era sacri apostolatus et caritatis, praesertim Church has the same right, such as parish erga egenos, exercenda.” There are three ad normam canon 515, §3. purposes proper for the Church to use tem- What is that public juridical person? poral goods, namely 1) to provide adequate Canon 116, §1 expounds it, “Public juridi- means for the celebration of divine worship cal persons are aggregates of persons or of (cultus), 2) to provide decent supports for things which are established by the compe- clergy (clerus) and those lay people whose tent ecclesiastical authority so that, within services are for the Church, and 3) to carry the limits allotted to them, they might in out the works of apostolate and charity espe- the name of the Church and in accordance cially to the poor (caritas). with the provisions of law, fulfill the specific The poor has been given profound atten- task entrusted to them in view of the public tion by the Church as it is manifested in the good.” Florencio Testera mentions “dioces- ecclesiastical legislation. Having examined es, parishes, institutes of consecrated life” the historical development of prescription which are among those juridical persons as of canon 1254 in the Church history and the holders of ecclesiastical patrimony.5 in the context of the case of England, Gar- It should be noted that all temporal ret J. Roche denotes, that “the obligations goods, either belong to a diocese, parish or of bishops and clerics toward the poor were other public juridical persons (Cf. can. 114) enshrined in the law…There were cases of are categorized as the temporal goods of the parish rectors being cited in court because of Church (can. 1257). Consequently, their their failure to help the poor through hospi- administration are subject to the evaluation, tality.”3 supervision and at times intervention of the Indeed, only within the framework of ecclesiastical authority ad normam iuris these proper purposes, with serious attention (can. 1276). still given to the poor, the temporal goods of Administrators the Church can be acquired, administered and alienated. In the words of Thomas J. To attain the proper purposes of the Green, “All Church goods are to be used for use of temporal goods, every juridical per- the aforementioned Church purposes (c. son (can. 1279) needs to have qualified 1254, §2; Presbyterorum Ordinis 17).”4 and competent administrators (can. 1278) I Made Markus Summa: Diocesan Bishop and the Administration of Temporal Goods... 143 JURNAL TEOLOGI, 07.02 (2018): 141-152 as well as financial council or at least two The 1983 Code makes three distinctions counsellors (can. 1280). The administrator pertaining temporal goods of the Church, is responsible to perform their duties with namely acquisition (cann. 1259-1272), ad- diligence of a good householder (can. 1284). ministration (cann. 1273-1289) and alien- One of those duties is to render annual ac- ation (cann. 1290-1299). In fact, the norms countability to the competent authority of on alienation deal not only with alienation the Church: local Ordinary (cann.