Why nullity cases always include a defender of the bond

April 19, 2017 CNA Daily News News Briefs 0 Print

Santiago, Chile, Apr 19, 2017 / 12:08 am (CNA/EWTN News).- In the process of declaring the nullity of marriage there is a position of  utmost importance which allows the judges to reach the moral certainty required to make their judgement: the office of the defender of the bond.

A marriage is presumed valid unless it is proved otherwise. The nullity of a marriage is established only when there exists proof that a marriage never in fact took place.

The defender of the bond participates in the process of declaring nullity “always to defend the validity of the marriage,” Sigal Rodríguez Conca, a canon lawyer who has worked for the tribunal of the Archdiocese of Santiago de Chile, told CNA.

The defender of the bond, Rodriguez said, aims to ensure that the process is conducted fairly, and upholds the marriage’s presumed validity. This role sets out arguments and aims to rebuts any evidence and conclusions of the petitioner – the spouse who is seeking to challenge the marriage's validity.

“Obviously if there is no argument to make in favor of a marriage’s validity, the case is left to the knowledge and conscience of the judges,” said Rodriguez.

The role of the defender of the bond is outlined in canon law, and the person who fills the role is appointed by the bishop.

This role makes it possible to have “a true examination in the process of marriage nullity,” Rodriguez said. The respondent to an annulment case sought by the petitioner rarely participates in the proceedings, and “when they do respond, in the majority of casese they are in favor of a declaration of nullity.”

Once a diocese’s judicial vicar has accepted a request to hear a process of declaring the nullity of marriage, the defender of the bond is notified in writing, and must respond to the arguments presented by the lawyer representing the petitioner’s case.

Pope Francis made changes to the nullity process in December 2015, introducing a shorter process.

In the shortest available annulment process, in which the bishop hears the case, the defender of the bond has 15 days to present observations in favor of the existence of the marriage bond.

The defender of the bond has the right to be present at the statements by the parties to marriage, and the statements by witnesses and experts. He has the right to examine the judicial documents and any documents presented by the parties.

In addition, the defender must be notified of the entire content of the ruling and has the right to appeal any declaration of nullity if it is considered unjust. He has “the last word” in all arguments presented before the verdict in the case, Rodriguez said.

Without the defender of the bond, there would not exist a real cross-examination in the marriage nullity process, which allows a greater possibility for the moral certainty required to rule in favor of or against nullity.

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Church in Mexico releases security protocols to prevent crime

June 21, 2018 CNA Daily News 1

Mexico City, Mexico, Jun 21, 2018 / 04:14 pm (CNA/EWTN News).- As increased levels of violence in Mexico continue, the Mexican Bishops Conference has published a protocol guide to help prevent crimes against priests, religious and faithful in the country.

The protocols are not intended to hinder “the pastoral activity of bishops, nuns and lay people, but to [help them] do it in the safest possible way,” said Bishop Alfonso Miranda Guardiola, secretary general of the Mexican Bishops’ Conference.

The bishop spoke at a June 19 press conference unveiling the document, “Basic Church Security Protocols: Personnel and Religious Sites.”

The document offers safety processes in different situations, such as pastoral visits and Masses in outlying areas. It includes an inventory form for church-related equipment and items of value.

Advice includes details about how to handle travel, making a withdrawal from an ATM, and what to do if you are kidnapped, robbed, threatened, or extorted.

When traveling to an unfamiliar area, the document recommends doing a trial run to learn the way, and researching the safest times to go out.

Security measures are also proposed for churches, houses of religious communities and other sites.

Violence in Mexico, mainly organized crime, has intensified in recent years. It is estimated that 2017 was the most violent year in recent decades, with more than 25,000 homicides.

According to the Catholic Multimedia Center, 24 priests have been killed in the last six years, including four so far in 2018.

Bishop Miranda said that “the security protocols respond to what has happened in the last two, three years, where there have been more and more murders, not just of priests but also journalists, police officers, soldiers and also candidates…for public office.”

“If this protocol serves to prevents one more death, it will have been a success,” he said.

Fr. Rogelio Narváez Martinez, the executive secretary of the Bishops’ Committee on Social Ministry and director of Mexican Caritas, said that it is not only the deaths of priests and religious that worry the Church.

“What is concerning to us is the death of any Mexican, the death of any person, of someone who’s at the mall, or going to the church, who’s in a plaza, going in a car, or going with his family.”

“Every death is a wound upon our nation,” he said.

Archbishop Carlos Garfias Merlos of Morelia, who heads up the bishops’ Working Group on Justice, Peace and Reconciliation, said that while the protocols are designed to respond to violence, they can also be helpful in other emergency situations, such as natural disasters.

“We know there are some places in Mexico every year that due to natural phenomena such as hurricanes, earthquakes, tremors we find ourselves in emergency situations,” he said

Bishop Miranda said that there are no plans for “police or soldiers in the churches.”

He also clarified that “the protocols are proposals” and “not a law we’re putting on the Church.”

“These are measures suggested to the priests, bishops, etc. And also according to the capacity of every parish. Where it can be done, it is recommended that alarm systems be put in place. Where it’s not possible, at least there should be minimum security measures.”

In a June 19 statement, Fr. Omar Sotelo, director of the Catholic Multimedia Center, emphasized that the document published by the bishops “responds to the needs of what’s happening in our country.”

“It’s a security plan, a protocol which one way or another helps prevention,” he said.

For Fr. Sotelo, the violence in Mexico “has become widespread, more sophisticated and has touched important sectors of society.”

The director of the Catholic Multimedia Center said the document also “calls to the attention of the authorities that they have not done their work effectively.”

According to Fr. Sotelo, “some authorities, not all of them, have been corrupted or have been overrun by” organized crime.

He noted that addressing the underlying issue of organized crime is “very complicated.”

“It’s hard to change the mentality of thousands of people who unfortunately have become dehumanized and have resorted to organized crime to make their way in life.  To transform this kind of a situation it going to take a lot of work.”

However, recalling the Gospel admonition to love one’s enemies, he said that “we have to make a way to reach these people’s hearts.”

“Reaching out to these people is a process, an important element that we mustn’t neglect,” he said.

 

This article was originally published by our sister agency, ACI Prensa. It has been translated and adapted by CNA. 

 

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