The Department of Canon Law & the Marriage Tribunal

Parish Catechetical Leaders Orientation for Faith Formation Directors, Youth Ministers Confirmation Coordinators & RCIA Leaders

August 13, 2020 Diocese of San Jose 1 The Department of Canon Law & The Tribunal Our Ministry: A Brief Introduction The Tribunal and Ecclesiastical Trials: Court of First Instance & Appellate Court The Judicial Vicar & Tribunal Staff/ Professionals Application & Practice of Canon Law The Discipline of the Sacraments & Marriage Annulment Cases

9/8/20 2 Brief Introduction

The Early Church’s Need for Structure to adjudicate Questions of Justice Jesus outlined the Order: Complaint, Witness & Possible Punishment The Church’s Power of Loosening and Binding

9/8/20 3 Canon Law & The Tribunal

The Church recognizes the Authority of many Civil Courts in most areas of Life

The Church as Society of Believers claims exclusive right to answer questions on Spiritual Matters like the Discipline on the Sacraments and Marriage

9/8/20 4 Canon Law and The Tribunal

The Rights and Obligations of the Faithful and their Participation in the Life of the Church

The Tribunal of the Diocese of San Jose is both a Court of First Instance and an Appellate Court

9/8/20 5 The Legal System in the Church

The Tribunal & Ecclesiastical Trials: Ø To Discover the Truth: The Validity of the Sacraments

Ø To Prosecute and Vindicate Rights

Ø To Declare Juridic Facts

Ø To Declare Penalties for Offenses against Church Law

9/8/20 6 The Tribunal Team

Rev. Andy C. Ligot, JCD Judicial Vicar Rev. Noel O. Sanvicente, JCD Adjutant Judicial Vicar Sr. Sofia Berrones, MCDP Tribunal Moderator/ Ecclesiastical Notary Mrs. Zaira Martinez-Robles Case Manager/ Auditor/ Ecclesiastical Notary

9/8/20 7 Adjunct Staff

Rev. Robert Hayes, JCL Defender of the Bond Rev. Msgr. Wilfredo S. Manrique, JCL Promoter of Justice Rev. Engelbert G. Gammad, JCD Judge Rev. Saju Joseph, JCL Judge Psychologists & Experts

9/8/20 8 The Application & Practice of Canon Law Canonical Advice and Resource for the Bishops, Pastors and Parish Personnel Clarification on Validity of the Sacraments and Procedures for a lawful and licit celebration of the Sacraments

Regulation and Care of Sacramental Record Registers and Training of Parish Secretaries & Office Managers: Immediate Recording and Correction of Entries

9/8/20 9 The Discipline on the Sacraments

Care for the Licit and Valid Celebration of the Sacraments Ø Essential & Non-essential Rites in the celebration of the Sacrament Ø Matter & Form of the Sacraments Ø Sufficient Sacramental Preparation for the Reception of the Sacraents

9/8/20 10 Care for the Valid & Licit Celebration of the Sacrament of Baptism: In Case of Emergency: suppression of non- essential rites. Only poring of water & Trnitarian formula are essential) Right of every person not yet baptized to be baptized if he desires it. If not prepared = Right to Catechetical Instruction

9/8/20 11 Ø Right and Duty of Parents to have their child baptized in the first weeks of birth Ø In Case of Necessity: Anyone can baptize Ø For abandoned children with no clear proof Ø Doubt of Baptism even with accurate investigation = Conditional Baptism Ø Need for free consent for Adults’ Baptism

9/8/20 12 The Baptismal Certificate: Basic Document Required Absolute Necessity of Baptism for Salvation Valid & Invalid Baptisms Why do we need a new Baptismal Certificate? Issuing of Baptismal Certificates: includes the following: The Name & Address of the Church

9/8/20 13 The Sacrament of Baptism

Sacraments of Initiation Matter & Form of the Sacraments Sufficient Sacramental Preparation for Candidates Requirements for First Eucharist, Confirmation and Marriage: A recently- issued copy of the Baptismal Certificate

9/8/20 14 Subject of Baptism: The Person to be Baptized Complete Name of the Baptized Date and Place of Baptism Name of Parents Godparents (Sponsors? Witnesses?) Signature of Pastor/ Parochial Vicar (How about rubber stamp signatures?) Parish Seal (Dry Seal?)

9/8/20 15 Things to Remember for Baptism

A Personal Interview (Now by Zoom due to the Pandemic) is highly recommended & the filling up of the Form Who can Schedule for the Baptism of a Child How about Separated and Divorced Parents? Clauses contained in the Divorce Proceedings Practical Use of the Birth Certificate for accurate recording of information

9/8/20 16 The Sacrament of the Confirmation Diocesan Policy as to the Age of Candidates for Confirmation The Ordinary Minister of the Sacrament of Confirmation (Cases when the Bishop delegates the Faculty to Administer the Sacrament to Pastors & by sub-delegation to Parochial Vicars & to Chaplains)

9/8/20 17 The Sacrament of Confirmation

Crismation: anointing of Chrism on the forehead For licitness: Subject has reached the age of reason, adequately prepared , well- disposed and capable of renewing his baptismal promises.

9/8/20 18 RCIA

Included in the First Interview: Baptismal Status: Validity of Baptism Marriage Status & Previous Marriages

9/8/20 19 Marriage Annulment Cases l Satisfy Canonical Requirements l Provide Opportunity for Petitioner and Respondent to present their best Case l Move Case toward timely completion at every step l Communicate with Petitioner and Officials in professional manner

9/8/20 20 Goals of Formal Case

The Petitioner prepares the Documents needed: 1) Recent copy of the Baptismal Certificate (for Catholics); 2) Marriage License/Certificate; and 3) Final Civil Decree of Divorce The Petitioner seeks an appointment to meet with his Pastor or Pastoral Minister

9/8/20 21 Overview of Major Steps l Petitioner petitions Tribunal l Citation (Notification) of Respondent l Joinder of Issues for the Petition (Canonical Basis for Action) l Gather Testimony from Witnesses l Provide Opportunity to Petitioner and Respondent to Review Evidence l Conclude Evidence Gathering l Judicial Review and Decision

9/8/20 22 Petition Presented l Tribunal checks its Competence taking into account the Reforms by Pope Francis: Canon 1673 1°; 2° ; 3°; 4° l Case Opened and Petitioner Notified l Petitioner may appoint an Advocate l Formal Petition and Narrative of Marital History presented by the Petitioner l If viable, Case is accepted

9/8/20 23 Citation of Respondent l Canon Law Requires the Tribunal to notify the Respondent. The Respondent has right to be involved and his/her cooperation is welcome but not essential. The Case moves forward even without his/her cooperation. l Citation Packet provides Respondent with Tools to participate l Second Notification is sent to Respondent. l If Respondent Fails to Respond after 30 Days, Judge may Decree Respondent as absent from the Case 9/8/20 24 Joinder of Issues (Grounds) l There are over twenty Grounds (Legal Bases of Invalidity) l Judge proposes Grounds (one or more) on the Petitioner and/or Respondent l Parties have opportunity to object to the Grounds l Absent Objection, Grounds Joined

9/8/20 25 Gathering Evidence l Cite Witnesses – Cover Letter introducing Purpose – Affidavit for Signature and Return – Questionnaire for Return l Witnesses are to answer the Questionnaire and if needed, are invited for an Interview/ Oral Deposition if the Testimony is crucial l Publication of Evidence (Read Acts): Opportunity for Petitioner and Respondent to Review Evidence before concluding this portion of Case

9/8/20 26 Judicial Review l Defender of the Bond reviews file and drafts a Brief (Animadversions) in support of the Bond of Matrimony l Judge reviews Defender’s Brief and the Case File to evaluate the Case and draft the Decision (called a “Judicial Sentence”). The two other Judges concur the Decision l No more Automatic Appeal/Review by Second Instance Tribunal

9/8/20 27 Case Delay from outside the Tribunal- l Petitioner fails to provide necessary Information (e.g., Respondent’s address; Petition; Narrative; Witness List). This can cause up to six months of delay l Respondent false starts can delay the Process by a month or more l Witness failing to respond in a timely manner (three-month delay or even more) l Party appealing the Case

9/8/20 28 Case Delay From Within the Tribunal System l Defender argues against the Case presented (To overcome Argument, build up Case or change Grounds. This can cause delay of at Least Three Months) l Before the Reform: Second Instance Review calling for Ordinary Review can delay Case for four months at a minimum l Defender appealing to Second Instance- may delay Case by at least four months

9/8/20 29 Pertinent Questions l How long does the process take? l How can a couple married for many years present a Case? l If a marriage is declared null, does it mean that the marriage never existed? l If a marriage is declared null, are the children considered illegitimate? l If I do not plan to remarry, why present a Case for Annulment? l How much does it cost?

9/8/20 30 Lack of Form (The Yellow Form)

Marriage in the Catholic Church, also called matrimony, is the "covenant by which a man and a woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring", and which "has been raised by Christ the Lord to the dignity of a sacrament between them.

9/8/20 31 Validity of Marriage in the Catholic Church

The Catholic Church has requirements before Catholics can be considered validly married in the eyes of the Church. A valid Catholic marriage results from four elements: (1) the spouses are free to marry; (2) they freely exchange their consent;

9/8/20 32 Validity of Marriage in the Catholic Church (3) in consenting to marry, they have the intention to marry for life, to be faithful to one another and be open to children; and (4) their consent is given in the canonical form, i.e., in the presence of two witnesses and before a properly authorized church minister. Exceptions to the last requirement must be approved by Church authority.

9/8/20 33 Lack of Form Cases: Documents Needed

Ø Recent copy of Baptismal Certificate Ø Marriage License (The Minister or Presider is indicated) Ø Final Civil Decree of Divorce

9/8/20 34 The Abbreviated Form of Marriage Nullity Cases Pope Francis reflected after the 2014 Synod on the Family that: "A great number of synod fathers emphasized the need to make the procedure in cases of nullity more accessible and less time- consuming, and, if possible, at no expense."

9/8/20 35 The Abbreviated Form of Marriage Nullity Cases "Putting the poor at the centre is what distinguishes the reform of Pope Francis." In the words of the motu proprio: "Care is to be taken that everyone, parties or witnesses, can participate in the process at a minimum of cost."

9/8/20 36 The Abbreviated Form of Marriage Nullity Cases September 8, 2055: The matrimonial nullity trial reforms of Pope Francis are the reforms of Canon Law governing such trials. The reforms were effected: by two separate Apostolic Letters: Mitis Iudex Dominus Iesus (1983 CIC) Mitis et Misericors Iesus (CCEC)

9/8/20 37 There are three main reforms:

Ø An automatic “Second Review" at the Appelate Court before nullity can be declared was eliminated. Ø Bishops now have the authority to declare nullity themselves, and in a more efficient manner. Ø The process should be gratis, as long as the Tribunal workers can still be paid a just wage. The Reforms took effect on December 8, 2015

9/8/20 38 Nullity Cases that qualify for the Abbreviated Process

Ø Very short duration of life in marriage Ø Both Petitioner and Respondent participate in the proceedings Ø A very clear Case of Marriage Nullity

N.B. The Judicial Vicar (not the Pastoral Minister nor the Parties) makes the Decision if this Abbreviated Process is to be used.

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