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Title : Regarding Ownership Of RMS
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Regarding Ownership Of RMS

According to the Guam Daily Post, CCOG is calling for the removal of five priests:  Monsignor David C. Quitugua, former vicar general; Father Adrian Cristobal, former chancellor; Father Alberto Rodriguez Salamanca, former vice chancellor; Father Edivaldo da Silva Oleveira, former spokeman and aide to Archbishop Apuron; and Deacon Frank Tenoria, who supported Archbishop Apuron.  

The reason CCOG wants them removed makes no sense.  You do not remove someone simply because they are walking in the Way.  That is discrimination. You also do not remove someone simply because they are obedient to the Archbishop.  They made a vow of obedience to the Archbishop of Agana; therefore, they did nothing wrong.  

In all fairness to Monsignor David Quitugua, he told the truth when he said that the Yona property on which the seminary stands belongs to the Archdiocese of Agana.  According to the Guam Daily Post: 

Sablan accused Quitugua of being responsible for the confusion surrounding the former Hotel Accion, now Redemptoris Mater Seminary, in Yona, and the misleading publication of a false certificate of title of the Yona property to "mislead the Catholics in Guam by trying to fool them into believing the Yona property was still part of the assets of the Archbishop of Agana, Corporation Sole." 

The Archdiocese had always been saying that the seminary is under the Archdiocese of Agana.  They never changed their story.  The confusion was brought about by Tim Rohr, CCOG, and LFM who insisted that the seminary did not belong to the Archdiocese.  Here are the facts:  

1. An ownership and encumbrance report was completed in 2014 by Pacific American Title, which confirms that the lots on which the seminary sits, identifies the owner as the Archbishop of Agana.  Therefore, contrary to rumors, the title deed has always remained in the hands of the Archdiocese [1]. 
2. The law firm of Lewis Roca Rothgerber LLP in Denver, Colorado, who is the most prominent firm specialized in establishing corporations sole in many Catholic dioceses in the U.S. and in civil-religious issues related to corporation soles, was asked a legal opinion on the Archbishop's powers, as sole member of the seminary [2].  The opinion concluded the following:  
   
   (a) Regarding the relationship between the Archbishop and the Board of Guarantors: "The corporate governance structure of Redemptoris Mater shows...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, presides over the governing boads, has the power to appoint the governing boards, the power to amend the civil governing documents and is the Ordinary under canon law with specific authority over the entity as prescribed in the Canonical Statutes and under canon law."  
   
   (b) Regarding the designation of the title deed for use by the Seminary and the Theological Institute: "The authority of the Archbishop over the entity, particularly with respect to the administration of real property, is a fundamental aspect of the canon law relationship between the Archbishop and Redemptoris Mater.  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 consistent with canon law prescribed structures; is consistent with civil law methods widely used by numerous Catholic dioceses in the United States both historically and currently; 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." 
3. The 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]   
4. The Department of Land Management issued certificate of titles showing that the Yona property and seminary belongs to the Archdiocese of Agana. 
5. Archbishop Hon also declared that the seminary belonged to the Archdiocese of Agana.  According to KUAM news: "The Archdiocese of Agana owns that property. No doubt of it. And then there's a certain ambiguity who has the right to use it. And on this matter, I'm going to have a review of it," said Archbishop Hon during an interview on KUAM........
6. In an interview on the Patti Arroyo talk show, Professor Gennarini stated that the Seminary belongs to the Archdiocese of Agana.
7. Father Pius Sammut, former rector of the RM Seminary, stated that the Yona Property belongs to the Archdiocese of Agana and only the Archbishop or his successor can lift the deed restriction.  According to the Pacific Daily News:  The Rev. Pius Sammut, rector of the Redemptoris Mater Seminary in Yona, said the sole owner of the Yona property is the Archdiocese of Agana. Sammut said the archbishop who currently oversees the local archdiocese, Savio Hon Tai Fai, has said this repeatedly........“The only one who can lift the deed of restriction is the ordained Archbishop of Agana, Mons. Apuron or, eventually, his successor,” Sammut told Pacific Daily News.

The fact that Archbishop Byrnes was able to rescind the deed restriction is PROOF that the Seminary had always been under the Archdiocese of Agana.   

One would think that the jungle would actually be happy to hear that the Yona property in which the seminary sits belongs the Archdiocese of Agana. What is shocking is learning that they were not at all relieved to hear that news. Instead of being relieved, they labeled Monsignor David and the Archdiocese a liar.  One would think they would be relieved to see the certificate of titles showing the Archbishop of Agana as the owner of the property.  But instead, they demanded that the title be changed, showing RMS as the owner instead of the Archbishop of Agana.  According to KUAM news:

Terlaje says there was a mistake on the 2015 title. There was no memorial, which is to restrict use of the property. She says the archbishop has corrected that. She added, "I want it to be a theological institute, and in this theological institute what the people of Guam will receive are priests, catholic priests who will continue to serve our island, and that's exactly what he did. He put a use restriction on the land itself. It never changed the ownership of the property."

But concerned Catholic Bob Klitzkie, an attorney and former senator, says the certificate of title was not updated to reflect the current true owner, because the most recent entry shows the property was transferred.  

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