To, GOANET
"Goa" premiere mailing list, estb. 1994; Request to publish it.Thanks Stephen Dias, D.Paula PORTARIA MENTIONS TERM OF OFFICE BY ARCHBISHOP AS "AD NUTUM EPISCOPE" FOR TRANSFERS The Bishop of Goa Filipe Neri Ferrao have given transfer order to Fr. Saluzinho Vaz chaplain of Infant Jesus Chapel of Murida, Cuncolim as he cites the term from Portaria “ Ad nutum episcope” for his transfer on account of his refusal. This term is applied to the condition of certain ecclesiastics in regard to their benefices or offices. While it is true that holders of so-called perpetual or irremovable dignities can in certain specified cases be deprived of their offices, yet the term “ amovibility” is generally restricted to such as are removable at the will of the bishop. The interpretation of amovibility has caused considerable controversy. Many canonists have argue that because the possessor of an office holds it “ad nutum” he can therefore be deprived of it without cause. Otherwise the word amovibility would have no meaning. They note as exceptions, however, to this power of the bishop, cases in which he acts from open hatred, or injuries the good name of the ecclesiastic,or damages the parish. Likewise, they say, if the person removed were not given another office or parish church, he could have recourse to a superior authority in this case could be the Pope, as this would be equivalent to injuring his good name. These canonists also add that the bishop would sin if he removed an ecclesiastic without cause, as it action would be without a proper motive, and because frequent changes are necessary detrimental to churches. Amovibility must not be confounded with arbitrary removal, which the Church has always condemned. It is opposed rather to the perpetual tenure of those benefices, for removal from which the cannons require a cause expressly named in law and a formal canonical process or trial. But there may be other very grave causes that justify a removal besides those names in the canons. Nor does it follow that, because a regular canonical process is not to be observed, all formalities are to be neglected in the removal of chaplains, parish priests or rectors who hold their office “ad nutum episcope” ; there are also extra-judicial forms which are practically equivalent to a canonical process. A removal parish priest is, therefore, one who may be removed without cause expressed in law, but not without a just cause; one who may be removed without canonical process, but not without certain prescribed formalities, which are really judicial, though “extra-judicial” as regards the canons. Since, however removable ecclesiastics have no strict and perpetual right to their offices, any revocation by the superior “ad nutum” is valid , though it might be gravely illicit and reversible. In such cases recourse may be had to a superior authority and in this case is a Vatican in Rome, although an ordinary appeal in the strict sense is barred. Stephen Dias, D.Paula Retd Sr. Scientist ( Tech) NIO-Goa Date; 5.7.2013
