Monday, May 23, 2011

Towards a Canonical Status for Basic Ecclesial Communities (Part III)

I am a priest in a diocese in Mindanao, where there is a strong impetus for the establishment of Basic Ecclesial Communities (BECs). The work these are doing for the Christian faithful is undeniable, especially in those areas hardly reached by the inadequate number of priests. However, at times I have been at odds with such groups because of a certain tendency to supplant the parish. It has even happened that such groups in the rural areas outside the poblacion even dissuade their members from going to town to attend Mass on holy days of obligation, with the reason that they already have what they call a “dry Mass”─basically a liturgy of the Word with the administration of Holy Communion outside Mass─in their chapel. In matters of governance too, at times such BECs are at odds with our Parish priest, because they impose requirements on their members (beyond those required by the Parish) in order to be included in the roster for the reception of Confirmation and Baptism, and even for Marriage.

What does Canon Law say about this?

GIVEN the existence of BECs, the question now is can they be accommodated into the hierarchical structure of the Church? Better still, if they are to be accommodated into the hierarchical structure of the Church, how should they be configured so as to make them fit better in that structure?

A. Point of Departure: The Duty of the Bishop to Provide Pastoral Care.
Can. 516 ─ §2 Where some communities cannot be established as parishes or quasi­parishes, the diocesan Bishop is to provide for their spiritual care in some other way.

This canonical norm provides us with the point of departure for finding a legal support for the BECs. In effect, the BECs as we know them are precisely communities of faithful, which for various reasons─e.g., distance from the parish or town proper, insufficient number of people to warrant an investment of priest and material resources, or as mostly happens in Mindanao a scarcity of priests─cannot be constituted into a parish or quasi-parish.

Nevertheless, the diocesan Bishop is bound by Law to provide for the spiritual care of such a community of faithful in some other way, so that they are not marginalized as far as pastoral care is concerned.

B. Point of Arrival: The Collaboration of Non-ordained Faithful in the Pastoral Care of a Parish, under the Direction of a Priest with Powers and Faculties of a Parish Priest.

Can. 517 ─ §2 If, because of a shortage of priests, the diocesan Bishop has judged that a deacon, or some other person who is not a priest, or a community of persons, should be entrusted with a share in the exercise of the pastoral care of a parish, he is to appoint some priest who, with the powers and faculties of a parish priest, will direct the pastoral care.

This canonical norm provides us with the legal nexus between the traditional ways of being Church and the so-called BECs. In effect, the canon admits the possibility of delivering the pastoral care of souls─which properly belongs (i.e., entrusted by Christ) to the bishops, but is participated in by his presbyterium─to a community which cannot be constituted into a parish or quasi-parish due to a shortage of priests, through a sharing in the exercise of the pastoral care of a parish by a non-ordained person or persons. This then is the possible legal basis of the BECs: they can be the application in the Philippine context of c.517, §2.

But for this to happen correctly, an indispensable requirement must be met, as stipulated in the last part of the aforementioned canonical norm: the diocesan Bishop…is to appoint some priest who, with the powers and faculties of a parish priest, will direct the pastoral care.

Why this requirement? To understand this, we need to delve deeper into the nature of the pastoral care of souls, as carried out by the proper pastors─i.e., primordially and principally the bishops (as successors of the Apostles who directly received that mandate from Christ), and participating with them as their collaborators, their presbyterium.

C. Pastoral Care of Souls is an exercise of the Sacra Potestas.

Before Christ ascended to Heaven, he gave the Apostles a solemn mandate: All power in heaven and on earth has been given to me. Go, therefore, and make disciples of all nations, baptizing them in the name of the Father, and of the Son, and of the Holy Spirit, teaching them to observe all that I have commanded you; and behold, I am with you all days, even unto the consummation of the world (Mt.28, 19-20). We can summarize the great truths enshrined in these lines as follows:

1) The pastoral care of souls consists essentially in teaching (make disciples of all nations), sanctifying (baptizing them, and together with that administering all the other sacraments), and governing (teaching them to observe all that I have commanded you, meaning to follow the path to holiness).

2) Such pastoral care was entrusted principally to the Apostles and their successors in history─i.e., the bishops (behold, I am with you all days, even unto the consummation of the world).

3) Such pastoral care requires a sacred power that only Christ can give. This is the reason why the mandate by Christ is preceded by a solemn declaration: All power in heaven and on earth has been given to me. Only by investing them with such power of jurisdiction─to bind and loosen─can they effectively carry out such pastoral care. Hence, Christ continues: Go, therefore, and make disciples….

D. Only the Ordained Ministers are Capable of the Power of Governance in the Church.

This theological truth is expressed in canonical language in the famous c.129 of the Code of Canon Law:
Can. 129 ─ §1 Those who are in sacred orders are, in accordance with the provisions of law, capable of the power of governance, which belongs to the Church by divine institution. This power is also called the power of jurisdiction.
─ §2 Lay members of Christ's faithful can cooperate in the exercise of this same power in accordance with the law.

A little excursion to the genesis of this canon can give us the final piece in the puzzle of how to fit the BECs in the hierarchical structure of the Church. This is one of the few canons that suffered a small but Copernican change in the final revision of the present Code just months before its promulgation in 1983 by John Paul II.

In effect, the final Schema of the Code of Canon Law, c.129, §2 read: Lay members of Christ’s faithful can participate in this same power in accordance with the law. This would have implied that lay faithful could take part in the power of jurisdiction─i.e., be subjects of such power.

With the slight revision, Canon Law confirmed what ecclesiology had long accepted, that such power of governance in the Church can only be possessed by the sacred ministers (priests and bishops, not even deacons); and that the non-ordained faithful (and deacons) can only cooperate in the exercise of such power. The nuance is subtle, but it is there: Only bishops and priests (in union with them) can possess and properly-speaking exercise the power of jurisdiction and thus provide authentic pastoral care; the non-ordained can only collaborate with the bishops and priests in the delivery of such pastoral care.

Applying this to the phenomenon of BECs, the laymen involved in such communities can only collaborate in the pastoral ministry of the priests; they cannot be the source of such ministry altogether. Put another way, the laypersons in such communities must at all times act in accord with the norms laid down by the sacred ministers.

To summarize: For the BECs to really be a way of being Church, it must form part of the pastoral care of souls emanating from the diocesan bishop, but passing through an ordained minister (a priest), who is endowed with the power and faculties of a parish priest (hence, a proper pastor of souls).

How this can be done in practice can be the object of particular legislation by the bishops, by─for example─drawing up a Guidelines for the Constitution and Conduct of Basic Ecclesial Communities. Subject to the recognitio by the Holy See, these Guidelines can constitute a common set of norms for all the dioceses.

Tuesday, May 10, 2011

Towards a Canonical Status for Basic Ecclesial Communities (Part II)

I am a priest in a diocese in Mindanao, where there is a strong impetus for the establishment of Basic Ecclesial Communities (BECs). The work these are doing for the Christian faithful is undeniable, especially in those areas hardly reached by the inadequate number of priests. However, at times I have been at odds with such groups because of a certain tendency to supplant the parish. It has even happened that such groups in the rural areas outside the poblacion even dissuade their members from going to town to attend Mass on holy days of obligation, with the reason that they already have what they call a “dry Mass”─basically a liturgy of the Word with the administration of Holy Communion outside Mass─in their chapel. In matters of governance too, at times such BECs are at odds with our Parish priest, because they impose requirements on their members (beyond those required by the Parish) in order to be included in the roster for the reception of Confirmation and Baptism, and even for Marriage.
What does Canon Law say about this?

WE resume our discussion of Basic Ecclesial Communities with a brief outline of what we shall tackle in this part.

1) There is an existing phenomenon, which in the Philippines we have given the name of Basic Ecclesial Communities (BECs). Like many things in the Philippines, it manifests the vibrancy of our culture in general, and of the Catholic Church in this country in particular. However, like any new thing, it also has its pains. Already, we see shadows together with the lights: frictions with the hierarchical structures (parishes), abuses in liturgical practice (proliferation of so called “dry Masses”) and even an under-valuing of the Sacramental life─all of these mostly due to a sore lack of doctrinal foundations.

2) But, for the meantime at least, the BECs are there and are even spreading─due in no mean part to the encouragement of the hierarchy itself. On the other hand, we see why the hierarchy is encouraging the BECs, especially in Mindanao: given the acute shortage of clergy, the BECs seem to be the way to address the pastoral needs of the faithful, especially in those areas of difficult access to the hierarchically constituted pastoral structures─i.e., the parish.

3) Hence, we ask ourselves: is there a way for these BECs to develop more systematically─i.e., more ecclesiologically? Are there provisions in Canon Law that can serve as guidelines of what the BECs can do, and what they should not do?

A New Way of Being Church?

It has been said that the BECs constitute the new way of being Church. This may seem like an innocuous expression, but it has very serious theological and canonical implications. In the theological─ecclesiological─sense, it might even be misunderstood to mean that the Church is evolving by the initiative of the people. In this particular case, even starting from the grassroots.

But the Church did not arise─and neither can it unfold and develop─from a people power initiative. The people of God, which is the Church─comes about from a Trinitarian initiative. By the will of God the Father, Jesus Christ instituted the Church by (1) calling together the Apostles and empowering them to teach, sanctify and govern in his name, and (2) sending the Holy Spirit on Pentecost to inhabit a community of disciples, together with the Apostles. In other words, the Church came about by a Divine design and constitution. It also develops historically by a Divine design and providence.

Thus, if we are to understand the Basic Ecclesial Communities as the new way of being Church, we need to look at them from the perspective of the Church, as Christ established it and how it has developed through the centuries under the inspiration of the Holy Spirit. More specifically, if the BECs are really to be ecclesial, they must be constituted and they must operate according to the parameters set by the Supreme Authority of the Church in her reflection on what the Church is and how it is constituted.

We can arrive at this by a deductive process, starting from the concept of the Church as laid down by Vatican Council II and later expressed in juridic terms by the Code of Canon Law of 1983. Based on the essential structural elements of the Church, as established by Jesus Christ, we can encounter the canonical locus of the BECs in the hierarchical structure of the Church. In other words, through the right application of Canon Law, the BECs can indeed be a way of being Church.

The Traditional Way of Being Church

Vatican Council II─in the Dogmatic Constitution Lumen Gentium─already set forth the essential structural elements of the Church of Christ as follows:

1) A community of believers, who─regenerated in the new life of children of God by the sacrament of Baptism and subsequently nourished in their different ecclesial situations by the Word of God and by the other Sacraments─march in pilgrimage towards their definitive home in union with God. Together they constitute a portio populi Dei (a portion of the People of God, which is the Church).

2) A shepherd, who─as a successor of the Apostles─has received from the Pope, the Vicar of Christ (successor of Peter, upon whom Christ promised to build his Church), the mandate to be the proper pastor of the aforementioned portio populi Dei.

3) A group of ordained ministers, who─ontologically configured with Christ as head of the mystical body, and canonically invested with a specific participation in the pastoral mission of the bishop─act in persona Christi capitis to deliver to the faithful the means of salvation─i.e., the Word and the Sacraments.

Properly speaking, it is the aforementioned interaction of the ministerial priesthood (of the Bishop helped by his clergy) at the service of the universal or common priesthood (of the rest of the faithful) which brings about the congregation of believers which is called Church. In other words, the Church─as a visible structure and organization─has come about as a result of the unfolding of the mandate of the Resurrected Christ to Peter, to “feed my lambs” and to “feed my sheep”. In order to effectively deliver the means of salvation─the Word of God (revealed by Scripture and Tradition, and authoritatively taught by the Magisterium) and the Sacraments─to all the baptized, the Church organizes itself. Traditionally, this has been through the constitution of particular Churches (under the care of bishop as its proper Pastor), which are subdivided into parishes or quasi-parishes (each under the care of a priest, under the authority of the bishop, also as its proper pastor).

The traditional canonical expressions of this reality are the particular church and the parish.

A. Particular Churches: The Diocese

Can. 368 ─ Particular Churches, in which and from which the one and only catholic Church exists, are principally dioceses. Unless the contrary is clear, the following are equivalent to a diocese: a territorial prelature, a territorial abbacy, a vicariate apostolic, a prefecture apostolic and a permanently established apostolic administration.

Can. 369 ─ A diocese is a portion of the people of God, which is entrusted to a Bishop to be nurtured by him, with the cooperation of the presbyterium, in such a way that, remaining close to its pastor and gathered by him through the Gospel and the Eucharist in the Holy Spirit, it constitutes a particular Church. In this Church, the one, holy, catholic and apostolic Church of Christ truly exists and functions.

Can. 372 ─ §1 As a rule, that portion of the people of God which constitutes a diocese or other particular Church is to have a defined territory, so that it comprises all the faithful who live in that territory.
─ §2 If however, in the judgement of the supreme authority in the Church, after consultation with the Episcopal Conferences concerned, it is thought to be helpful, there may be established in a given territory particular Churches distinguished by the rite of the faithful or by some other similar quality.
Can. 373 ─ It is within the competence of the supreme authority alone to establish particular Churches; once they are lawfully established, the law itself gives them juridical personality.

B. Parishes and Quasi-parishes.

Can. 515 ─ §1 A parish is a certain community of Christ's faithful stably established within a particular Church, whose pastoral care, under the authority of the diocesan Bishop, is entrusted to a parish priest as its proper pastor.

─ §2 The diocesan Bishop alone can establish, suppress or alter parishes. He is not to establish, suppress or notably alter them unless he has consulted the council of priests.

─ §3 A lawfully established parish has juridical personality by virtue of the law itself.
Can. 516 ─ §1 A quasi­parish is a certain community of Christ's faithful within a particular Church, entrusted to a priest as its proper pastor, but because of special circumstances not yet established as a parish. Unless the law provides otherwise, a quasi­parish is equivalent to a parish.

─ §2 Where some communities cannot be established as parishes or quasi­parishes, the diocesan Bishop is to provide for their spiritual care in some other way.
Can. 517 ─ §1 Where circumstances so require, the pastoral care of a parish, or of a number of parishes together, can be entrusted to several priests jointly, but with the stipulation that one of the priests is to be the moderator of the pastoral care to be exercised. This moderator is to direct the joint action and to be responsible for it to the Bishop.

─ §2 If, because of a shortage of priests, the diocesan Bishop has judged that a deacon, or some other person who is not a priest, or a community of persons, should be entrusted with a share in the exercise of the pastoral care of a parish, he is to appoint some priest who, with the powers and faculties of a parish priest, will direct the pastoral care.
Can. 518 ─ As a general rule, a parish is to be territorial, that is, it is to embrace all Christ's faithful of a given territory. Where it is useful however, personal parishes are to be established, determined by reason of the rite, language or nationality of the faithful of a certain territory, or on some other basis.

Can. 519 ─ The parish priest is the proper pastor of the parish entrusted to him. He exercises the pastoral care of the community entrusted to him under the authority of the diocesan Bishop, whose ministry of Christ he is called to share, so that for this community he may carry out the offices of teaching, sanctifying and ruling with the cooperation of other priests or deacons and with the assistance of lay members of Christ's faithful, in accordance with the law. (To be concluded.)

Monday, May 9, 2011

The Easter Eucharistic Precept and the Law of Annual Confession

EASTER is here again and I hear conflicting criteria regarding the so-called Easter Precept and the sacrament of Confession. Some say that the Church prescribes that the faithful go to the Sacrament of Reconciliation at least once a year¾during Easter Time¾and receive the Eucharist. On the other hand, there are those who say that in this age and time of too many people and too few priests, it is not practical to bother them unless one has mortal sins, so that the once-a-year precept refers more to going to Communion rather than going to Confession.
Can you enlighten me on this?

The Easter Eucharistic Precept

Due to a widespread neglect of the sacrament of the Eucharist in the Middle Ages, various Church Councils, from the 6th Century onward, enacted laws obliging the faithful to receive the Holy Eucharist, especially on the principal feasts. The IV Lateran Council (1215) established a general law for the Latin Church requiring the reception of Communion at least once a year at Easter by those who had attained the age of discretion. This law, which was confirmed by the Council of Trent, was incorporated in the 1917 Code of Canon Law. The actual Code of 1983 retains the annual precept, with some modifications:

Can. 920 ¾ §1. All the faithful, after they have been initiated into the Most Holy Eucharist, are bound by the obligation of receiving Communion at least once a year.

¾ §2. This precept must be fulfilled during the Easter season, unless it is fulfilled for a just cause at some other time during the year.

The primary subject of this precept, therefore, are all the faithful who have received First Communion, barring excusing causes such as moral or physical impossibility. This obligation to receive Holy Communion at least once a year should be fulfilled normally during Easter time, understood as the period from Palm (Passion) Sunday to Pentecost Sunday. The satisfaction of the Eucharistic precept outside this period required a just cause¾such as illness, or residence in a remote area where there is no minister to celebrate Mass or administer Holy Communion¾but it must be satisfied within the space of one year, counted from the previous Communion (cf. c.203).

In the Philippines, this precept applies as legislated in the universal law of the Church, and no special faculty is needed to comply with the Easter duty outside Easter time: each faithful, in conscience, shall decide whether he has sufficient reason to do it in the prescribed time.

Finally, it must be said that since the same Code of Canon Law, in c.914, imposes the responsibility of ensuring that children who have reached the use of reason are nourished by the divine food as early as possible on the parents and those who take their place as well as on the pastor, one can conclude that¾in the case of children¾the observance of the Eucharistic precept indirectly bears upon the parents or guardians and upon the parish priest too, who thus become the secondary subjects of this ecclesiastical law. This was actually stated in the 1917 Code (c.860), which though removed in the present Code as something not strictly proper in a book of law, nevertheless is quite morally binding.

The Law of Annual Confession

In the Philippines, fortunately, one hardly needs to be reminded of the Eucharistic precept: the Sunday Masses are noteworthy for their long queues of people coming to receive the Holy Eucharist. In this connection, it would be good to be reminded of yet another disposition of the 1983 Code of Canon Law:

Can. 989 ¾ After having attained the age of discretion, each of the faithful is bound by an obligation to faithfully confess serious sins at least once a year.

Definitely, the canon does not lay down this law for any specific time of the year, nor does it lay it down for everyone. It binds only those who are aware of having committed a mortal sin and have not yet had it absolved in sacramental Confession, and he may go to Confession any time during the year. But the long queues in the confessionals of many churches during Lent and Easter season are an eloquent manifestation of the common sense of the faithful that even the just man falls seven times each day; furthermore , as John Paul II reminded the faithful: the individual and integral confession of sins with individual absolution constitutes the only ordinary way in which the faithful who are conscious of serious sin are reconciled with God and with the Church (Reconciliatio et paenitentia, 33).

Indeed, the faithful are all too aware of that warning of St. Paul to the Corinthians: Therefore whoever eats this bread or drinks this cup of the Lord unworthily, will be guilty of the body and the blood of the Lord…for he who eats and drinks unworthily, without distinguishing the body, eats and drinks judgment to himself (I Cor 2, 27-28).

Herein lies the nexus between the Easter Eucharistic precept and the law on yearly confession of serious sins: To receive Holy Communion worthily at Easter time, it seems logical that the best way to prepare for it is with individual sacramental Confession.

Duty of Pastors to Facilitate Confession

If the obligation exists for the faithful to go to confession at least once a year in case of serious sins, and the just man falls seven times each day, there seems to be a corresponding duty on the part of the sacred ministers to enable the faithful to fulfill the duty.

Indeed, a series of simple calculations can serve to quantify this duty of the pastor¾at least in a general way. In the Philippines, there is an average of 15,000 Catholics for every priest. Now according to the population profile of the Philippines, roughly 68% of the population falls in the 10-60 years old bracket¾which , presumably, is the age group to which (roughly) the law of annual confession applies. Assuming that the same percentage holds for the Catholics too, then there should be 10,200 Catholics of 10-60 years of age for every priest in the Philippines. Even if each of these faithful only went to the minimum once-a-year confession, this would mean that the pastors, if they are to fulfill their duty, should on the average hear about 30 confessions daily throughout the year.

There has been a lot of talk of the need for moral recovery in Philippine society and politics. Such moral recovery cannot happen in a collective way, in a mass action. The moral recovery of a society depends ultimately on the individual personal conversion of its members—a conversion that is not possible without the Sacrament of Reconciliation. Here indeed is a point of self-examination for the pastor of souls, and a possible point of redress for the parishioners.