HANDBOOK of FACULTIES Archdiocese of AganaTable of Contents I. LETTER FROM THE ARCHBISHOP OF AGANA...... Il. THE MINISTRY OF THE DIVINE WORD Il. THE OFFICE OF SANCTIFYING IN THE CHURCH... A. The Sacrament of Baptism... B. The Sacrament of Confirmation C. The Sacrament of the Eucharist D. The Sacrament of Penance E. The Sacrament of Anointing of the Sic! F. The Sacrament of Matrimony... WOIDAAUN UW IV. THE CELEBRATION OF FUNERAL RITES ..... V. DISPENSATIONS AND OFFENSES CARRYING AUTOMATIC PENALTIES ...... A. Dispensations... B. Automatic Penalties 1. Automatic Excommunicatio) 2. Automatic Interdict ... 3. Automatic Suspensioi 4. The Significance of the FacultyI. Letter from the Archbishop of Agana To my beloved brother in Christ, The ReverenéA 2 “ele C. Leb, Ate. (name) Greetings and Peace in the Lord. Recognizing that all priests are “providential cooperators of the episcopal order” and that all deacons are “dedicated to the People of God in conjunction with the bishop and his body of priests,” 1 welcome you to share with me the priestly ministry within the Archdiocese of Agana. To assist you in the performance of your ministry and to help you to be of optimum service to our people, I, as your ordinary of the Archdiocese of Agana, hereby grant to you the habitual faculties of the Archdiocese of Agana as expressed and specified in these pages. These faculties, exercised prudently and generously in accordance with the prescripts of Canon Law and of the Archdiocesan statutes and policies, will help us mutually and with unity of purpose to make our pastoral service more effective to the Church we have been called to serve. A priest or deacon incardinated in this Archdiocese does not lose these faculties, once granted, except through revocation or canonical censure. Non-incardinated diocesan clergy are granted these faculties for a period of time. It is the responsibility of the individual non-incardinated diocesan cleric to request the renewal of these faculties each year prior to its expiration. Religious clergy enjoying an assignment within the Archdiocese of Agana are granted these faculties until they leave the Archdiocese definitively for whatever reason. Should they later return to the Archdiocese, the individual religious priest or deacon must renew his request for these faculties. You should take particular note of the fact that the following faculties do not mention all of the rights, privileges and faculties granted by universal law of the Code of Canon Law itself to pastors, parochial vicars, other priests and deacons. In exercising the care of God’s people entrusted to you, I enjoin you to fulfill your ministry always in a spirit of complete charity and loyal obedience to me, your local ordinary and to holy mother church. May your life be an example of the mercy of our Lord Jesus Christ. Given at the Chancery Office i. - aII. The Ministry of the Divine Word ————— See “It is proper for presbyters who are co-workers with the bishops to proclaim the Gospel of God; pastors and other entrusted with the care of souls are especially bound to this office as regards the people entrusted to them. Deacons also are to serve the People of God in the ministry of the Word in communion with the bishop and his presbyterate.”! In accord with the norm of the universal law, priests and deacons Possess the faculty to preach everywhere. This faculty is to be exercised in accord with the norm of law and with at least the presumed consent of the pastor or rector of the church in which they are preaching, and this faculty can be exercised unless restricted or taken away by the competent ordinary.” While lay persons can be admitted to preach in accord with the norm of law, the preaching of the homily, as a part of the liturgy, is reserved to a priest or deacon. 'See canon 757. ?See canon 764 and 765. $See canon 766 and 767.Ill. The Office of Sanctifying in the Church lS “First and foremost, the bishops exercise the office of sanctifying; they are high priests, principal dispensers of the mysteries of God and moderators, Promoters and custodians of the whole liturgical life of the church committed to them. The presbyters also exercise this office; they are in fact sharers of the priesthood of Christ himself so that they are consecrated as his ministers under the authority of the bishop to celebrate divine worship and sanctify the people. Deacons have a part in celebration of the divine worship in accord with the prescriptions of the law.”* A. The Sacrament of Baptism The universal law of the church specially entrusts the administration of baptism to pastors, with the assistance of priests and deacons who are the ordinary ministers of the sacrament along with the bishop.> Outside the case of necessity, it is not lawful for one to confer the sacrament outside of his own parish without the proper permission. In the administration of this sacrament, special note must be given to the law of the church concerning proper preparation for the sacrament and the guidelines of the Archdiocese of Agana in this regard. In the Archdiocese of Agana, the faculty is hereby granted: ¢ to pastors and parochial vicars to baptize a person who has completed the fourteenth year previously referring the matter to the diocesan bishop. Pastors and parochial vicars are also reminded that an adult who is baptized (that is one who has attained the use of reason) is to be confirmed immediately after baptism and Participate in the celebration of the Eucharist, also receiving Communion.” * to chaplains in hospitals to confer the Sacrament of Baptism; the same faculty is given to chaplains of convalescent and rest homes in favor of the adult converts who are patients; ¢ to pastors to allow the baptism of an adult who does not dwell within the confines of the parish provided that the ‘See canon 835. *See canons 530, §1 and 861, §1. $See canon 862. 7See canons 852, 863, and 866.adult has been admitted to the catechumenate in that parish; * to pastors to allow the reception into the church of an adult who was already baptized in a non-Catholic Christian church but who does not dwell within the confines of the parish provided that the person is enrolled in the Rite of Christian Initiation process of the parish or the Archdiocese. B, The Sacrament of Confirmation The universal law of the church grants to pastors and parochial vicars the faculty to confirm within their proper parishes a person they baptized who is no longer an infant or a baptized person being admitted into full communion of the Catholic Church. Likewise, a pastor can confirm a person in danger of death.* In the Archdiocese of Agana, the faculty is hereby granted: © to pastors and parochial vicars within their parish to confirm, after having referred the matter to the diocesan bishop, Catholics who, although baptized earlier, have not been raised in the church or have lapsed in their practice of the faith on the occasion of their being reconciled to the church. ° C. The Sacrament of the Eucharist ‘The universal law of the church grants to all priests who are not impeded the right to celebrate the Eucharist once each day, except as provided for by law. A priest who is unknown to the rector of a church is to be permitted to celebrate provided that he presents a letter of recommendation issued by his ordinary or superior within the year or provided that it can be prudently judged that the priest is not prevented from celebrating.’ Universal law also permits the celebration of the Eucharist on any day at any hour, except those times excluded by the liturgical norms. The celebration of the Eucharist is to take place in a sacred place, unless in a particular case necessity demands otherwise; in such a case, the celebration must be done in a respectable place, and the liturgical vestments prescribed by the rubrics are to be worn. Permission of the local ordinary must be obtained to celebrate ®See canon 883, §§ 2 & 3. ° See canons 842, § 2 and 884 § I. "See canons 900, 903, and 905.mass outside a blessed church or oratory. Permission of the local ordinary is also necessary for the celebration of the Eucharist to take place in a sacred edifice or another church or ecclesial community that does not have full communion with the Catholic Church," In the Archdiocese of Agana, the faculty is hereby granted: * to priests, for a just cause, to celebrate the Eucharist twice a day and even, if pastoral need requires it, three times on Sundays and holy days of obligation.” When a priest celebrates more than one mass a particular day, he may retain for his personal use only one stipend (except on Christmas Day). Any stipends which were accepted for the celebration of additional masses must be disposed of in accord with Archdiocesan policy. D. The Sacrament of Penance The universal law of the church grants to the pastor of a parish and to priests who take the place of the pastor of a parish the faculty to hear confessions within their jurisdiction. Likewise, priests who enjoy the faculty of hearing confessions habitually whether in virtue of office or by grant from the ordinary of the place of incardination or the place in which they have a domicile can exercise the same faculty everywhere unless the local ordinary denies it in a particular case and in keeping with the norm of canon law."? In the Archdiocese of Agana, the faculty is hereby granted: * to priests to hear confessions;"* ¢ to confessors to remit in the internal or external forum an automatic penalty established by the law but not yet declared, provided the remission is not reserved to the Apostolic See. This faculty can be exercised only within the Archdiocese on behalf of the person.’> * to confessors to remit the censure of abortion without recourse. "'See canons 921, 929, 931, 932 and 933. See canon 905, §2. See canons 967, §2 and 968. See canons 969, §1; 972 and 973. In danger of death, see canon 976 See canons 1335 and 1357: See section “Automatic Penalties”. For “latae sententiae”, see canon 1314; for “undeclared”, see canon 1335; for “interdict”, see canon 1352, 7E. The Sacrament of Anointing of the Sick The universal law of the church provides that every priest, and only a priest, validly administers the anointing of the sick. The duty and right to administer this sacrament is specially committed to priests to whom the care of the souls has been entrusted. Universal law also provides that any priest for a reasonable cause and with the presumed consent of the priest to whom the care of the person has been entrusted can administer this sacrament. Every priest is allowed to carry the blessed oil with him so that he can administer the sacrament of the anointing of the sick. In accord with the norm of liturgical law, any priest can bless the oil to be used, but only in the celebration of the sacrament.'© In the Archdiocese of Agana, the faculty is hereby granted: * to priests to celebrate mass in the homes of the faithful who are ill, provided there is prior approval from the local pastor or ordinary, with the exception of Sundays, holy days and their vigils. F. The Sacrament of Matrimony The universal law of the church grants to a pastor the faculty of assisting at marriages within his own parish, provided that at least one of the parties is of the Latin rite. A pastor can delegate the faculty to assist at marriages within his parish to priests and deacons. For validity, the delegation to assist at a particular marriage must be given expressly to a specific priest or deacon; and for validity, a general delegation to assist at all marriages within the parish must be granted to a priest or deacon in writing.!” All priests and deacons assisting at marriages are reminded of the pastoral care which must precede the celebration of marriage. The marriage preparation policy of the Archdiocese is to be observed in fulfilling this responsibility. In the Archdiocese of Agana, the faculty is hereby granted: © to parochial vicars and to deacons to assist at marriages within the boundaries of the parish to which they are assigned. This faculty may be sub-delegated to a priest or deacon for a specific marriage but not in general. $See canons 999 and 1003. Also see The Rite of Anointing and Pastoral Care of the Sick, no. 21. See canons 1109, 1110, and 1111. For Mixed marriages, see canons 1124 & 1125e to pastors, parochial vicars and deacons assigned to a parish to assist at the marriage of a person who is bound by natural obligations towards another party or toward children arising from a prior union, and to assist at the marriage of a person who has notoriously rejected the Catholic Faith. In this latter case, the requirements regarding a mixed marriage are to be observed." e to military chaplains to assist their proper pastor of the parish within the limits of which their bases fall. They therefore may ask for the consent of non-military persons who come under their jurisdiction by virtue of their parochial appointment. Marriages of military persons are recorded with the Military Archdiocese. Marriages of non- military persons are recorded in the parish register and at the Chancery Office. '8See canon 1071. Permission must be sought for the remaining five conditions listed in this canon, namely, celebrating: 1° the marriage of transients, 2° a marriage which cannot be recognized or celebrated in accord with the norm of civil law, 5° a marriage of a person who is bound by a censure, 6° a marriage of a minor child when the parents are unaware of it or are reasonably opposed to it, and 7° a marriage to be entered by means of a proxy. 9IV._ The Celebration of Funeral Rites The Christian faithful departed are to be given ecclesiastical funeral rites according to the norm of law. Although the Church earnestly recommends that the pious custom of burying the bodies of the dead be observed, it does not forbid cremation unless it has been chosen for the reasons which are contrary to Christian teaching.'? The cremated remains of the Christian faithful are to be properly interned in a mausoleum or columbarium. The remains may never be sprinkled on the ocean or kept on a mantle, at home, ete, In the Archdiocese of Agana, the faculty is hereby granted: * to permit the celebrations of the funeral rites for an unbaptized child if the parents intended to have the child baptized. At the discretion of the pastor, the funeral rites may be abbreviated to the Liturgy of the Word at the church and/or the cemetery. (Canon 1183, § 2.) ¢ to allow burial rites to be conducted at a crematorium — the rites which are celebrated at the cemetery chapel or graveside with appropriate adaptations in the text for the circumstances of the cremation. ¢ to allow the celebration of funeral rites for baptized members of a non-Catholic church or ecclesial community unless this is evidently contrary to the will of the deceased and provided that the deceased’s own minister is unavailable. As regards to funeral rites, catechumens are to be considered members of the Christian faithful.” "See canon 1176. See canon 1183.V. Dispensations and Offenses Carrying Automatic Penalties “A. dispensation, or the relaxation of a merely ecclesiastical law in a particular case, can be granted by those who enjoy executive power, within the limits of their competence, as well as by those to whom the power of dispensing has been given explicitly or implicitly by the law itself or by lawful delegation.””' A. Dispensations The universal law of the Church permits the diocesan bishop to dispense from both universal and particular disciplinary law as often as he judges that a dispensation will contribute to the spiritual good of the faithful. Such dispensations can be granted only in accord with the norms of law. Pastors, priests and deacons cannot dispense from a universal or particular law unless this power has been expressly granted to them.” For a just cause and in accord with the prescriptions of the diocesan bishop, the universal law of the Church provides that a pastor can dispense in individual cases from the obligation to observe a holy day of obligation or a day of penance; or he can commute it to other pious works.”* Universal law also provides that he can dispense from private vows or a promissory oath for a just reason provided a dispensation does not prejudice others or injure a right acquired by others.* In the Archdiocese of Agana, the faculty is hereby granted: ¢ to priests and deacons to dispense, in individual cases and for a just reason, from the Eucharist fast. ¢ to parochial vicars and deacons assigned to a parish to dispense in individual cases from the obligation to observe a holy day of obligation or a day of penance; or to commute it to other pious works. This faculty may be exercised on behalf of a parishioner and of a person visiting within the boundaries of the parish. ¢ to parochial vicars and deacons assigned to a parish to dispense a person belonging to the parish and also a visitor within the territory of the parish from private vows or a 2!See canon 85. For dispensations in danger of death, see canon 1079. See canons 87, 88 & 89. See canon 1245. *See canons 1196 & 1203.promissory oath for a just reason provided a dispensation does not prejudice others or injure a right acquired by others. ¢ To pastors and parochial vicars, to commute to a lesser good what was promised by a private vow made by a person belonging to a parish and also by a visitor within the territory of the parish. ¢ To pastors and parochial vicars, to suspend, dispense, or commute a promissory oath made by a person belonging to the parish and also by a visitor within the territory of the parish, provided the dispensation would not tend to prejudice those who refuse to remit its obligation. B. Automatic Penalties The following offenses carry automatic penalties. Those reserved to the Holy See are so noted and cannot be remitted in virtue of this faculty: 1, Automatic Excommunication The penalty of excommunication is automatically incurred upon commission of any of the following crimes: a) apostasy, heresy or schism;”> b) violation of the sacred species. The is reserved to the Holy See.6 c) physical attack to the Roman Pontiff. This is reserved to the Holy See.”” d) the attempted absolution of an accomplice in a sin against the sixth commandment. This is reserved to the Holy See.”* e) the consecration of a bishop or the reception of episcopal consecration without an apostolic mandate. This is reserved to the Holy See.” Canon 1364 — §1. With due regard for can. 194, § 1, n. 2, an apostate from the faith, a heretic or a schismatic incurs automatic (/atae sententiae) excommunication and if a cleric, he can also be punished by the penalties mentioned in can. 1336, § 1, nn. 1, 2 and 3, §2. If long lasting contumacy or the seriousness of scandal warrants it, other penalties can be added including dismissal from the clerical state. (CLSA, pp. 493-494. ) >See canon 1367. "See canon 1370, §1. See canon 1378, §1. 12f) direct violation by a confessor of the seal of confession. This is reserved to the Holy See.” &) to procure or be an accomplice in an abortion. In the Archdiocese of Agana, the delegated faculty to remit the censure of abortion without recourse is given to all confessors.! h) by means of a technical instrument recording or divulging in the communications media what was said by a confessor or a penitent in a sacramental confession, whether performed by oneself or another.” The individual excommunication is prohibited from: (1) having any ministerial participation in the celebration of the Eucharist or any other ceremonies of worship; (2) celebrating the sacraments or sacramentals and receiving the sacraments; (3) exercising any ecclesiastical offices, ministries, or functions, or placing acts of governance.*® 2, Automatic Interdict Commission of the following crimes results in the penalty of automatic interdict: a) physical harm to a bishop™ ; b) the attempt to celebrate mass by one not ordained to the priesthood *; See canon 1382. See canon 1388, §1. *!See canon 1398. The Penalty is incurred by the accomplice to such an abortion, provided that the offense would not have been committed without the efforts of the accomplice. (C. 1329, §2.) Universal law allows the confessor not only to absolve the penitent from the sin of abortion but also to lift the censure of excommunication. What must be done with care is an examination with questions by the confessor to ascertain whether or not the penitent is aware of the penalty of automatic excommunication. If the penitent was not aware that a completed abortion incurred an automatic penalty of excommunication, then the penitent IS NOT excommunicated. The penalty is not imposed UNLESS the penitent knows that a completed abortion incurs excommunication. (CLSA Advisory Opinions, 1984-1993, 1995, pp. 440-441). Congregation for the Doctrine of the Faith, decree Urbis et Orbis, Sept. 23, 1988, Acta Apostolicae Sedis 80 (1988) 1367. *'See canon 1331, §1. * See canon 1370, §2. * See canon 1378, §2. 13c) the attempt to hear confessions or give absolution by one who cannot validly hear them’, d) the false denunciation of a confessor for the sin of solicitation. This can be remitted only if the person formally retracts the false denunciation and makes 800d any harm that was done because of the accusation.” The individual interdicted is prohibited from: (1) having any ministerial participation in the celebration of the Eucharist or any other ceremonies of worship; and (2) celebrating the sacraments or sacramentals and receiving the sacraments.” 3. Automatic Suspension In addition to those who commit the crimes mentioned above, the following also incur automatic suspension: a) attempted marriage by a cleric. This can be remitted only if the suspension is undeclared and the cleric is no longer living in the attempted marriage. A dispensation from the irregularity preventing the cleric from exercising his order must be sought from the local ordinary”; attempted marriage by a religious who is not a cleric and who is bound by a perpetual vow of chastity.” b Suspension, which affects only clerics, prohibits (1) all acts of the power of order; (2) all acts of the power of governance; (3) the exercise of all rights or functions connected with an office.*' A cleric who is automatically suspended as a result of illicit ordination by a bishop lacking legitimate dimissorial letters is prohibited only from exercising that order, not a lower order licitly received.” 4. The Significance of the Faculty The universal law of the Church by canon 1357 gives any confessor the authority to remit in the internal forum an * See canon 1378, §2. *7 See canon 1390, §1. *8See canon 1332. » See canon 1394, §1. “ See canon 1394, §2. See canons 1334, §2 and 1331, §1 “See canon 1383.automatic (latae _sententiae) undeclared censure of excommunication or interdict if it would be hard on the penitent to remain in a state of serious sin during the time necessary for the competent superior to provide. However, the confessor is also bound by this canon it impose on the penitent the burden of having recourse within a month to someone endowed with the Proper faculties. This faculty, on the other hand, permits a Priest to remit the same censures, provided they are not reserved to the Apostolic See: a even outside the internal sacramental forum b. without the obligation either 1. of having recourse to the competent superior before remission of the penalty or 2. of imposing upon the penitent the burden of having recourse after its remission. See canon, 1355, § 2; Canon 1358, § 1 (Necessity of withdrawal from contumacy); 1359; 1361, § 2 (Remission in external forum must be in writing). Revised July 1996 Agana, Guam