JUDICIAL DEPARTMENT AND DIOCESAN TRIBUNAL
The task of the Judicial Department is to promote and bring justice to the People of God, in the Particular Church (diocese) on behalf of the Diocesan Bishop, as part of his judicial power, which flows and originates from his power of governance (Canons 135, §§1 and 3; 381, §1; 391, §§1-2; 1419;§1; 1420, §§1-2), by utilizing the Church’s own legal means, most specifically, Canon Law and Diocesan Norms, which are applied to particular cases, and mostly by using Canonical Administrative or Judicial Processes. The intent is to safeguard the rights and obligations of the Christi Fidelis within the harmony that is ours, in order for us to reach salvation/perfection, our ultimate goal.
In general, this vicariate assists the Diocesan Bishop, clergy and laity with Canonical (legal) advice.
In particular, the judicial department processes all petitions presented to it and within the frame of its competence, on behalf of the Diocesan Bishop, concerning questions or investigations about rights and obligations that have been violated, need to be determined or are to be defined among the members of the Church. For example, Restoration of Personal Rights, Laicization, Sacramental Validity or Legality, Clerical Misconduct, Removal of Pastors, etc.
A majority of the work of this department is absorbed by Matrimonial Cases that are processed in our Ecclesiastical Court of First Instance. These cases are presented to our Ecclesiastical Court to be investigated and defined by Decree, in accord with Church law, concerning their sacramental validity or invalidity. The Diocesan Tribunal is an official Ecclesiastical Court for marriage cases presented in First Instance. The Court of Appeals in San Antonio , Texas , is the Court of Second Instance for all of the dioceses of Texas , including the Diocese of Brownsville.
Information and questions concerning Matrimonial procedures (on how to start a marriage invalidity - “nullity” - case) should be directed to the proper pastor, clergy (priests or deacons), or the parish advocate.
Information and questions concerning marriage invalidity (“nullity”) cases that are presently in process at the Tribunal should be directed by the Petitioner or Respondent to the appointed (parochial or diocesan) advocate/procurator. Only the proper Petitioner or Respondent may contact their particular advocate/procurator. INFORMATION CONCERNING ANY OF THE CASES BEING PROCESSED BY ECCLESIASTICAL COURT WILL NOT BE PROVIDED TO ANYONE OTHER THAN THE PROPER PETITIONER, RESPONDENT, THEIR PROCURATORS/ADVOCATES AND THE TRIBUNAL OFFICIALS, DUE TO THE HIGH LEVEL OF CONFIDENTIALITY OUR OFFICE AND TRIBUNAL ARE EXPECTED TO OBSERVE DURING THESE CANONICAL (LEGAL) PROCEDURES.
- Working, in communion, with other Ecclesiastical Tribunals around the world, especially granting competence to process some particular cases for some of our people, and helping our people present their petitions or requests to other Ecclesiastical Tribunals, walking them through Tribunal processes.
- Processing petitions for Matrimonial Permissions or Dispensations for our people.
- Processing petitions for Clerical Dispensations concerning their status in the Church.
- Training or capacitating others to better serve at the diocesan or parochial level.
- Instructing our people and others about our diocesan and parochial services and how to utilize them.
HOW TO PRESENT PETITIONS TO THE JUDICIAL DEPARTMENT FROM THE PARISH
The pastor is the only person that represents, canonically (legally), the parish, his parishioners, or people from his jurisdiction. Other clergy, namely priests and deacons, assist him or act on his behalf. Therefore, the pastor (or one of the clergy) is the proper channel for petitioning or requesting specific services from the Tribunal. By Ecclesiastical Law, the Judicial Vicar, as the proper representative or extension of the Diocesan Bishop on these matters, is the ecclesiastical official to whom petitions and questions should be addressed. In certain situations, if the issue is particular and so unique, it may be necessary to present such petitions directly to the bishop.
All petitions or requests require the utilization of Official Forms. Most of these forms have accompanying instructions on how they should be completed. The forms specify the type of documentation that is required when presenting a petition. Please follow the instructions, include all documents as requested, and have the form signed by the pastor or one of the clergy before presenting the case to the Tribunal office. All intended information and documentation for each petition or request is to be gathered by the petitioner (as he/she is being assisted by the pastor, clergy or parish advocate) before submittal to our office.
NOTE ON PERMISSIONS, DISPENSATIONS, AND LACK OF FORM CASES
Pastors and clergy: Please make sure that a date for a wedding is NOT GIVEN OR SET until the person(s) is (are) FREE TO MARRY. The processes for petitions, specifically Permission for Mixed Religion, Dispensation for Disparity of Cult, and Lack of (Matrimonial) Form cases, demand that the Tribunal verifies that certain requirements or conditions are in place before granting the permission, dispensation or decree. To avoid misunderstandings and confusion, the Tribunal needs your cooperation. Before proceeding to set even a TENTATIVE DATE for a wedding, all requirements or conditions must be cleared through the Tribunal. Please allow both yourselves and the Tribunal the needed time to resolve such matters properly and professionally. If there is any question or concern that seems to be an exception to the rule, or any extraordinary difficulty, the pastor, the clergy and the parish advocate should be the only personscalling the Tribunal office for assistance or advice. All concerns or special situations need to be handled by the pastor or clergy at the parish level. In general, the laity WILL BE REFERRED TO THEIR PASTOR, PRIESTS, DEACONS AND PARISH ADVOCATE.
WHERE DO I FIND ALL THIS INFORMATION?
The Code of Law of the Catholic Church and our Particular Diocesan Norms contain all of the information presented here. We encourage all of our people, especially our priests and clergy, to obtain and have on hand an official copy of the Code of Canon Law and the Diocese of Brownsville Particular Norms. These documents will help us all to better serve and be served in the spirit of love, where the salvation of our souls is our task (Canon 1752).
JUDICIAL DEPARTMENT
AND
DIOCESAN TRIBUNAL
LOCATION:
Catholic Pastoral Center
1910 University Blvd.
Brownsville, TX 78522-1722
Tel.: (956) 542-2501
Catholic Pastoral Center - ( M ailing Address)
Bishop Fitzpatrick Building
700 N. Virgen de San Juan Blvd.
San Juan , TX 78589
Tel.: (956) 784-5070 or (956) 542-2501
JUDICIAL VICAR: Rev. Msgr. Luis Javier García, JCL
ADJUTANT JUDICIAL VICAR: Vacant
DIOCESAN JUDGES
PRESIDING JUDGE:
Rev. Msgr. Luis Javier García, JC
ASSOCIATE JUDGES:
Rev. Thomas Kulleck
Rev. Ariel Oliver Ángel, JCL
Brother/Fray Manuel E. Ruíz, ODM, JCL
DEFENDERS OF THE BOND:
Rev. Msgr. Gustavo Barrera
Rev. Richard García, JCL
Rev. José René Ángel, JCL (Second Instance/Appellate Court – San Antonio, TX)
PROMOTER OF JUSTICE:
Rev. Msgr. Gustavo Barrera
CANONICAL ADVOCATES & PROCURATORS
COORDINATOR OF CANONICAL ADVOCATES AND PROCURATORS :
Ms. Manuela Garza
SPECIAL CASES CANONICAL ADVOCATES & PROCURATORS:
Rev. Msgr. Pedro Briseño
Deacon Alvin Gerbermann
Brother Francis J. Garza, FMS
Mrs. Genie Treviño
Mr. Jaime Gómez
Mr. Luis Zúñiga
Mr. Javier García
PAROCHIAL CANONICAL ADVOCATES & PROCURATORS :
- All priests and deacons who enjoy a canonical assignment in this diocese
- All religious (brothers or sisters) and lay persons previously trained and canonically
appointed to this ministry and for this diocese.
PERITI (PROFESSIONAL EXPERTS):
Sister Norma Pimentel, MJ, LPC
Mr. Silvestre Rodriguez, LMSW-Counselor
ECCLESIASTICAL NOTARY :
Ms. Annita Gonzalez
CANONICAL ASSISTANCE:
Rev. Msgr. Luis Javier García , JCL
Rev. Richard García, JCL
Rev. José René Ángel , JCL
Rev. Ariel Oliver Ángel, JCL
Brother/Fray Manuel E. Ruí z, ODM, JCL
MATRIMONIAL PERMISSIONS AND DISPENSATIONS:
Rev. José René Ángel, JCL (Main Delegate )
Rev. Msgr. Luis Javier García, JCL
SECRETARY:
Mrs. Noemi Gómez
Judicial Vicar
1910 E. Elizabeth Street • Brownsville, TX 78520 • Phone 956-550-1512 • Fax
956-542-6751
last updated 19-Sep-2008 13:30 sitemap
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