Dismissal
Dismissal
Dismissal
a. Notorious defection from the catholic Faith either by its downright rejection and/of affiliation
with different religion or
b. Actual entrance into a Contract of Marriage or attempt of marriage contract, be this civil or a
canonical one.
c. Concubinage or sin against the Sixth Commandment with scandal in the Institute or in public.
a. offense against the Sixth Commandment with force or threat, or in public, or with a minor under
sixteen years of age.
e. Grave Scandal Arising within the Institute or in Public from any culpable behavior.
h. Unlawful absence from the Religious House for six months or more, with the intention of self-
withdrawal from the authority of Superiors.
C. PROCEDURES IN DISMISSAL:
1. In Automatic Dismissal:
b. Major Superior with his/her Council Immediately makes a written declaration of fact thus
automatically and juridically establishing the formal act of Dismissal.
c. Transmission of Declaration or Decree of Dismissal and supporting evidence to the supreme
Moderator for information of and communication to the Holy See, before which the Member dismissed
has the right to appeal if he/she feels aggrieved by the Dismissal.
2. In Mandatory Dismissal:
b. major Superior presents to the Member the evidence of fact and the argument of imputability,
thus giving him/her the opportunity for defense or the right of contesting the evidence and/or the
argument before either the same major Superior or the supreme Moderator.
c. Transmission of all the complete documentation of the case, duly signed by the major Superior
and his/her notary with opinion of the same Superior, to the supreme Moderator.
d. Supreme Moderator with his or her Council of Four Members at least, collegially deliberate on
the case based on the provisions of Laws, the strength of evidence, the force of the defense, and the
weight of the arguments.
e. Issuance of the Decree of Dismissal-if this be found in order-by the supreme Moderator with
his or her Council, with the following substantial contents even in summary form, for validity: First, the
law concerned. Second, the fact established. Third, the Conclusion reached. The right of the dismissed
individual to have recourse to the higher competent authority within ten days after receipt of a copy of
the decree, remains.
f. Transmission of the Decree and the complete documentation of the case for the confirmation
to the Holy See, which however suspends the effectivity of the Decree upon receipt of a recouse from
the dismissed Member.
3. In Discretionary Dismissal:
a. major Superior in consultation with his or her Council judges to initiate Dismissal Procedure
against an erring Member by strength of given grave, external imputable and juridically provable matter.
c. Major Superior gives First Admonition to the Member in writing before two Witnesses, with the
following substantive contents: One, grave offense(s) of Member and invitation to self-reform. Two,
formal Notification of possible Dismissal Procedure to the member concerned and affirmation of his/her
opportunity to defense or the right to contesting the veracity of the offense(s), before either the same
Superior or the supreme Moderator.
d. Major Superior gives Second Admonition with the same substantial contents as above stated,
fifteen days at least after the First Admonition if this proved ineffective in truth and in fact, with or
without a defense or contest from the Member.
e. Major Superior with his or her Council, judging the Dismissal to be in order in terms of either
absence of response from the Member, insufficiency of defense or proof of incorrigibility, transmit all
the completer documentation of the case duly signed by the same Superior and the notary, to the
supreme Moderator, Fifteen days at least after the second Admonition.
f. Supreme Moderator with his or her Council of Four Members at least, collegially deliberate on
the case based on the provision of law, the strength of evidence, the force of the defense, and the
weight of the arguments. Once the Dismissal Procedure still proves in order, the Supreme Moderator
enjoins the Major Superior to issue the Third Admonition with substantially the same contents as the
First and the Second.
g. fifteen days thereafter, and the Dismissal appears in order, then comes the issuance of the
Decree of Dismissal by the Supreme Moderator with his or her Council, with the following substantial
contents even in summary form, for validity: One, the Law Concerned. Two, the fact established. Three,
Conclusion reached. The right of the Member dismissed to have recourse to higher competent authority
within Ten days after receipt the Notification of the decree, remains.
H. Transmission of the decree of the complete documentation of the case to the Holy See for
confirmation. In the event of a recourse by the Member dismissed., the Holy See suspends the
effectivity of the Decree.
OBSERVATIONS:
1 The major Superior can and may immediately expel a Member from the Religious House in the case of
a grave external scandal or very serious and imminent harm to the Institute if no such action of
expulsion in the event that there is danger in delay. In either instance, the major superior thereafter
initiates Dismissal procedure according to law or refers the case to the Holy See.
2 In any type of Dismissal, including the case of expulsion, the major Superior with his or her Council
have a more active and immediate role. While there is no canonical provision to the effect that the
supreme Moderator may not take this actual role of the major Superior, the Dismissal Procedure as
expressly provided by law is more prudently and better done by the major Superior under whose
immediate charge the Member is placed. Furthermore, with the major superior himself/herself directly
acting to the case, the Member under question has in effect Two Superiors to recourse to, viz., the
major Superior and the Supreme Moderator. The law provides that anyone who feels aggrieved by
anything or by anybody in the Church has the right to have recourse directly to the Holy See which in
turn acts thereon accordingly to the principle of Subsidiarity.
3 The matter of Dismissal of any type, given its sensitive and critical nature, should be well and carefully
documented, not only in terms of common public civil and/or ecclesiastical documents, but also with
reference to all acts made and actions taken which should therefore be clearly recorded anf accordingly
filed for reference and transmission purposes. A good number of really meritorious Dismissal cases
could not be either acted upon or confirmed on account of their documentation-to the ultimate
detriment of the member concerned, the Institute and/or the church.