Instances when secular courts can intervene in church disputes (Supreme Court ruling in Fonacier vs. Court of Appeals and Isabelo De los Reyes, Jr., 1955)

Summary: [1] Case title: “Santiago A. Fonacier, petitioner, vs. Court of Appeals and Isabelo De los Reyes, Jr., respondents” G.R. No. L-5917, January 28, 1955 [2] Supreme Court ruling: (A) While the civil courts will ordinarily leave ecclesiastical matters to church authorities, they may however intervene when it is shown that they have acted outside the scope of their authority or in a manner contrary to their organic law and rules. (B) Civil courts have jurisdiction to revise decisions on ecclesiastical matters where it is necessary for settling the question of civil and property rights, or when property rights are affected. (C) Civil courts can intervene if a member is expelled without due process and a property right is involved. [3] Plain English explanation: Secular courts can intervene in church disputes (a) if the pastor, board, or congregation, acted contrary to the church constitution or rules; or (b) when the dispute affects personal or property rights; or (c) if a member is expelled without due process and a property right is involved. [4] Related post: “Doctrine of Church Autonomy: secular courts and church disputes” Note: Claro M. Recto was the lawyer for the respondents. He later on became a senator known for his nationalism; the famous avenue in Manila is named after him. Ferdinand E. Marcos acted as the Supreme Court’s amicus curiae (“friend of the court”).

Facts of the case:

[1] The Iglesia Filipina Independiente (IFI), represented by its Supreme Bishop Gerardo M. Bayaca, filed a case with the Court of First Instance (CFI) of Manila against Bishop Santiago A. Fonacier. The IFI sought to require Bishop Fonacier to render an accounting of his administration of all the temporal properties in his possession belonging to the church and to recover the properties from him. The IFI claimed that Fonacier had ceased to be its Supreme Bishop.

Bishop Isabelo de los Reyes, Jr., having been elected as Supreme Bishop after the filing of the original complaint, was later made a co-plaintiff in a supplementary complaint.

[2] Fonacier claimed in his defense that:

(a) he has not been properly removed as Supreme Bishop;

(b) his legal successor was Juan Jamias who had been elected in accordance with the church constitution ;

(c) Bishop De los Reyes, Jr. formally joined the Protestant Episcopal Church of America and for this reason ceased to be a member of the Iglesia Filipina Independiente;

(d) Bishops De los Reyes and Bayaca having abandoned the faith, fundamental doctrines and practices of the Iglesia Filipina Independiente, ceased to be members and consequently, have no personality in filing the complaint.

[3] On May 17, 1950, the court rendered judgment declaring Mons. Isabelo de los Reyes, Jr. as the sole and legitimate Supreme Bishop of the Iglesia Filipina Independiente, and ordering Mons. Fonacier to render an accounting of his administration of the properties and funds of the church.

[4] The Court of Appeals affirmed the decision of the CFI. Fonacier then filed a petition for review with the Supreme Court.

Some issues raised by Fonacier and the Supreme Court ruling

[1] Issue: The Court of Appeals erred “in holding that the ouster of Bishops Manuel Aguilar, Alejandro Remollino, Isabelo de los Reyes Jr., Gerardo Bayaca, Juan Quijano and Pablo Tablante decreed by the Supreme Council and the petitioner as Obispo Maximo was illegal.”

Ruling: The civil courts have jurisdiction to review the action regarding the ouster.

(A) “Where a decision of an ecclesiastical court plainly violates the law it professes to administer, or is in conflict with the laws of the land, it will not be followed by the civil courts.”

(B) “Expulsion of a member without notice or an opportunity to be heard is not conclusive upon the civil courts when a property right is involved.”

“Since it is claimed that the ouster was made by an unauthorized person, or in a manner contrary to the constitution of the church, and that the ousted bishops were not given notice of the charges against them nor were they afforded an opportunity to be heard, the civil courts, have jurisdiction to review the action regarding the ouster.”

[2] Issue: The Court of Appeals erred in holding that the abandonment of the constitution, restatement of articles of religion and abandonment of faith or abjuration alleged by petitioner are unquestionably ecclesiastical matters which are outside the province of the civil courts.

Ruling: “The amendments of the constitution, restatement of articles of religion, and abandonment of faith or abjuration alleged by appellant, having to do with faith, practice, doctrine, form of worship, ecclesiastical law, custom and rule of a church having reference to the power of excluding from the church those allegedly unworthy of membership, are unquestionably ecclesiastical matters which are outside the province of the civil courts.” (45 Am. Jur., 748-752, 755.)

Secular courts do not have jurisdiction over expulsion or excommunication of church members (Supreme Court decision in Taruc et al vs. Bishop de la Cruz et al, 2005)

Summary: [1] Case title: Dominador L. Taruc, Wilberto Dacera, Nicanor Galanida, Renerio Canta, Jerry Canta, Cordencio Consigna, Susano Alcala, Leonardo Dizon, Salvador Gelsano and Benito Laugo, petitioners, vs. Bishop Porfirio B. De La Cruz, Rev. Fr. Rustom Florano and Delfin Bordas, respondents. (G.R. No. 144801, March 10, 2005)   [2] Issue: Whether courts have jurisdiction to hear a case involving the expulsion/excommunication of members of a religious institution. [3] Supreme Court ruling: “The expulsion/excommunication of members of a religious institution/organization is a matter best left to the discretion of the officials, and the laws and canons, of said institution/organization. It is not for the courts to exercise control over church authorities in the performance of their discretionary and official functions. Rather, it is for the members of religious institutions/organizations to conform to just church regulations. In the words of Justice Samuel F. Miller: … all who unite themselves to an ecclesiastical body do so with an implied consent to submit to the Church government and they are bound to submit to it.” [4] Note: Civil courts can intervene if a member is expelled without due process and a property right is involved. Please read “Instances when secular courts can intervene in church disputes” (Supreme Court ruling in Fonacier vs. Court of Appeals and Isabelo De los Reyes, Jr., 1955). In this case we’re discussing (“Taruc et al vs. Bishop de la Cruz et al”), the Supreme Court ruled that due process was observed and no property right was involved.

Facts of the case:

[1] Political differences lead to conflict between church members and parish priest Fr. Florano

Petitioners were lay members of the Philippine Independent Church (PIC) in Socorro, Surigao del Norte. Respondents Porfirio de la Cruz and Rustom Florano were the bishop and parish priest, respectively, of the same church in that locality. Petitioners, led by Dominador Taruc, clamored for the transfer of Fr. Florano to another parish but Bishop de la Cruz denied their request. It appears from the records that the family of Fr. Florano’s wife belonged to a political party opposed to petitioner Taruc’s, thus the animosity between the two factions with Fr. Florano being identified with his wife’s political camp. Bishop de la Cruz, however, found this too flimsy a reason for transferring Fr. Florano to another parish.  

[2] Petitioners organize mass during town fiesta with another priest, Fr. Ambong, despite appeals by Bishop de la Cruz

Hostility among the members of the PIC in Socorro, Surigao del Norte worsened when petitioner Taruc tried to organize an open mass to be celebrated by a certain Fr. Renato Z. Ambong during the town fiesta of Socorro. When Taruc informed Bishop de la Cruz of his plan, the Bishop tried to dissuade him from pushing through with it because Fr. Ambong was not a member of the clergy of the diocese of Surigao and his credentials as a parish priest were in doubt. The Bishop also appealed to petitioner Taruc to refrain from committing acts inimical and prejudicial to the best interests of the PIC. He likewise advised petitioners to air their complaints before the higher authorities of PIC if they believed they had valid grievances against him, the parish priest, the laws and canons of the PIC.

Bishop de la Cruz, however, failed to stop Taruc from carrying out his plans. On June 19, 1993, at around 3:00 p.m., Taruc and his sympathizers proceeded to hold the open mass with Fr. Ambong as the celebrant.

[3] Bishop de la Cruz excommunicates Taruc and other members

On June 28, 1993, Bishop de la Cruz declared petitioners expelled/excommunicated from the Philippine Independent Church for reasons of:

(1) disobedience to duly constituted authority in the Church;

(2) inciting dissension, resulting in division in the Parish of Our Mother of Perpetual Help, Iglesia Filipina Independiente, Socorro, Surigao del Norte when they celebrated an open Mass at the Plaza on June 19, 1996; and

(3) for threatening to forcibly occupy the Parish Church causing anxiety and fear among the general membership.

[4] Obispo Maximo urges Fr. Florano to step down voluntarily but does not interfere with Bishop de la Cruz’s decision

Petitioners appealed to the Obispo Maximo and sought reconsideration of the above decision. In his letter to Bishop de la Cruz, the Obispo Maximo opined that Fr. Florano should step down voluntarily to avert the hostility and enmity among the members of the PIC parish in Socorro but stated that:

… I do not intervene in your diocesan decision in asking Fr. Florano to vacate Socorro parish…

[5] Bishop de la Cruz reassigned; his successor continues to support Fr. Florano

In the meantime, Bishop de la Cruz was reassigned to the diocese of Odmoczan and was replaced by Bishop Rhee M. Timbang. Like his predecessor, Bishop Timbang did not find a valid reason for transferring Fr. Florano to another parish. He issued a circular denying petitioners’ persistent clamor for the transfer/re-assignment of Fr. Florano. Petitioners were informed of such denial but they continued to celebrate mass and hold other religious activities through Fr. Ambong who had been restrained from performing any priestly functions in the PIC parish of Socorro, Surigao del Norte.  

[6] Taruc and other excommunicated members file complaint with Regional Trial Court of Surigao City, contending that their expulsion was illegal and violated due process; RTC rules that it has jurisdiction over the case

Because of the order of expulsion/excommunication, petitioners filed a complaint for damages with preliminary injunction against Bishop de la Cruz before the Regional Trial Court of Surigao City, Branch 32. They impleaded Fr. Florano and one Delfin T. Bordas on the theory that they conspired with the Bishop to have petitioners expelled and excommunicated from the PIC. They contended that their expulsion was illegal because it was done without trial thus violating their right to due process of law. Respondents filed a motion to dismiss the case before the lower court on the ground of lack of jurisdiction but it was denied. Their motion for reconsideration was likewise denied so they elevated the case to the Court of Appeals.

 [7] Court of Appeals reverses RTC decision, saying that civil courts should not interfere in the internal affairs of a religious organization except for the protection of civil or property rights

The appellate court reversed and set aside the decision of the court a quo and ordered the dismissal of the case without prejudice to its being refiled before the proper forum. It held:

… We find it unnecessary to deal on the validity of the excommunication/expulsion of the private respondents (Taruc, et al.), said acts being purely ecclesiastical matters which this Court considers to be outside the province of the civil courts. … “Civil Courts will not interfere in the internal affairs of a religious organization except for the protection of civil or property rights. Those rights may be the subject of litigation in a civil court, and the courts have jurisdiction to determine controverted claims to the title, use, or possession of church property.” … Obviously, there was no violation of a civil right in the present case. … Ergo, this Court is of the opinion and so holds that the instant case does not involve a violation and/or protection of a civil or property rights in order for the court a quo to acquire jurisdiction in the instant case.

[8] Supreme Court affirms CA ruling; courts do not have jurisdiction to hear a case involving the expulsion/excommunication of members of a religious institution

Petitioners appealed from the above decision but their petition was denied. Their motion for reconsideration was likewise denied, hence, this appeal. The only issue to be resolved in this case is whether or not the courts have jurisdiction to hear a case involving the expulsion/excommunication of members of a religious institution. We rule that the courts do not. Section 5, Article III or the Bill of Rights of the 1987 Constitution specifically provides that:

Sec. 5. No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.

In our jurisdiction, we hold the Church and the State to be separate and distinct from each other. “Give to Ceasar what is Ceasar’s and to God what is God’s.” We have, however, observed as early as 1928 that:

upon the examination of the decisions it will be readily apparent that cases involving questions relative to ecclesiastical rights have always received the profoundest attention from the courts, not only because of their inherent interest, but because of the far reaching effects of the decisions in human society. [However,] courts have learned the lesson of conservatism in dealing with such matters, it having been found that, in a form of government where the complete separation of civil and ecclesiastical authority is insisted upon, the civil courts must not allow themselves to intrude unduly in matters of an ecclesiastical nature. (italics ours)

We agree with the Court of Appeals that the expulsion/excommunication of members of a religious institution/organization is a matter best left to the discretion of the officials, and the laws and canons, of said institution/organization. It is not for the courts to exercise control over church authorities in the performance of their discretionary and official functions. Rather, it is for the members of religious institutions/organizations to conform to just church regulations. In the words of Justice Samuel F. Miller:

… all who unite themselves to an ecclesiastical body do so with an implied consent to submit to the Church government and they are bound to submit to it.

In the leading case of Fonacier v. Court of Appeals, we enunciated the doctrine that in disputes involving religious institutions or organizations, there is one area which the Court should not touch: doctrinal and disciplinary differences. Thus,

The amendments of the constitution, restatement of articles of religion and abandonment of faith or abjuration alleged by appellant, having to do with faith, practice, doctrine, form of worship, ecclesiastical law, custom and rule of a church and having reference to the power of excluding from the church those allegedly unworthy of membership, are unquestionably ecclesiastical matters which are outside the province of the civil courts. (emphasis ours)

(Note: Facts of the case above are from the Supreme Court decision but numbered and with some paragraphs broken up for easier reading. Headings are mine.)