Iglesia De La Santisima Trinidad (ESTRADA) Parish Council vs. Rev. Tirso C. Noble

[SEC-SICD * CASE NO. 4019. March 18, 1992.] IGLESIA DE LA SANTISIMA TRINIDAD (ESTRADA) PARISH COUNCIL , petitioner , vs .Most REV. TIRSO C. NOBLE, D.D. , respondent . D E C I S I O N This is an action to annul the amend articles of incorporation of the Iglesia de la Santisima Trinidad Catolica Apostolica, with prayer for the issuance of preliminary injunction. LLjur In support thereof, petitioner, alleged inter alia, that it is established purposely to manage the internal affairs of the church of the Iglesia de la Santisima Trinidad Catolica Apostolica; that sometime in March 4, 1991, herein respondent filed with this Commission an amended articles of incorporation of the Supreme Bishop of the Iglesia de la Santisima Trinidad Catolica Apostolica; that respondent is never authorized to file any amendment to the said articles of incorporation and he is not even a recognized member of the clergy and possesses no authority whatsoever to arrogate unto himself a function that lawfully and exclusively pertains to the Supreme Bishop of the Iglesia de la Santisima Trinidad Apostolica; that in fact the records of the church reveal that his name did not appear in any document which would acknowledge and identify him as member of the clergy neither does his name appear in the order of succession of the religious hierarchy of the church; that whatever recognition he may have obtained the same was acquired thru deceit and other fraudulent means. Petitioner, further alleged that the records of the church show that the respondent was never recognized by the last two (2) members of the clergy and although he attempted to apply as a member of the religious hierarchy, he was driven out by the people for unchaste conduct, and by reason of his dubious moral character; that records conducted on the respondent reveals that he has previous criminal records in the City of Manila, Quezon City, Valenzuela, Bulacan and Iloilo City for committing various criminal offenses involving moral turpitude; that the respondent has also committed various acts such as acts of lasciviousness, frequenting gay bars, drinking with and hiring call boys and other impure acts; that the respondent, by reason of these unchaste and immoral conduct, is therefore disqualified and unfit to become a member of the clergy much less to be a Supreme Bishop of the church and he cannot possibly comply with the cardinal requirement on discipline and morality of the church; that even assuming that respondent's contention as a member of the clergy is true how then could he explain his long absence of thirteen (13) years and seven (7) months (1976-1991);that this is a clear case of abandonment and breach of a religious duty; and why he surfaced only now when all the members of the clergy have already died. Moreover, petitioner contends that the proposed amendment filed by the respondent violates Article 9 of its original articles of incorporation wherein an election before a successor can assume the position of the Supreme Bishop and does not cover automatic assumption of office; that Section 158 of the Corporation Law requires the presentation of a certificate of election before anyone can assume as the head of the Corporation Sole; that the proposed amendment specifically paragraph 7-A is violative of Sec. 159 of the Corporation Law, since the property of the church whether real and/or personal can be encumbered or otherwise disposed of without the necessity of obtaining a court order. Respondent filed his answer and averred, among other things, that he has full authority, in fact, sole authority to file the amended articles of incorporation of the Iglesia de la Santisima Trinidad Catolica Apostolica being the sole surviving clergymen and bishop of the same and the statement that respondent was never mentioned by the last two clergymen of the church is a statement made in ignorance if not to mislead, as all the documents which mentioned the name of respondent Noble all contained the signatures of Emmo. Mons. Raymundo M. O'Donnel as well as those of Emmo. Mons. Armando M. Palatao and the Most Rev. John Fortaleza; that the allegations pertaining to the previous criminal offenses is immaterial because the matter is not even mentioned by the Corporation Code; that the claim that respondent is morally unqualified to assume his post is a matter internal to the corporation and has no bearing whatsoever to the filing of the amended articles of incorporation nor in deciding the legality or validity of succession; that such is material only if the articles of incorporation requires it as a condition "sine qua non" to a valid succession; that the respondent's lack of material presence for many years cannot be considered as abandonment because during all those years, he was working as a missionary in Binangonan, Rizal, in compliance with his duty and designation as missionary priest of the Iglesia de la Santisima Trinidad Apostolica Y Catolica, his duty was recognized by his predecessors and superiors and the allegation that the proposed amendment violates the provision of the original articles of incorporation is a statement made in gross misunderstanding of the essence and purpose of the amending process; that precisely, the purpose of amendment is to change some if not all, of the provisions of the articles of incorporation with the proper approval of the Commission. Respondent likewise argued that the law does not require the submission of a certificate of election before one can assume the headship of a Corporation Sole since Sections 112 and 114 of the Corporation Code requires only a copy of the Commission, certificate of election or letters of appointment of such chief archbishop, bishop would be sufficient; that in this case, respondent appointed/elected himself, being the sole successor to the position, when he certified to his assumption of office, thus fulfilling the requirements of the law. On December 12, 1991, an Order was issued granting the petitioner's application for preliminary injunction enjoining the respondent from assuming the position of Supreme Bishop of the Iglesia de la Santisima Trinidad Catolica Apostolica. Consequently, the instant case was considered submitted for decision on the basis of the pleadings filed by the parties. The records on file with this Commission show that on February 26, 1991, the respondent filed a document denominated as PRIMATIAL DECREE NO. 01-S-1991 Re: Automatic Assumption To Office of the Iglesia De La Santisima Trinidad Catolica Apostolica, alleging among other things, the following: 1. That he was the duly recognized ordained Orthodox priest by Mons. Raymundo O'Donnel, Supreme Bishop of the Iglesia de la Santisima Trinidad Catolica Apostolica in 1964, and after having trained under him in the Roman Rites of his church, he was awarded the Titulo de Sacerdote on March 22, 1965, and ecclesiastically licensed as a Priest under him in both the Orthodox and Roman Rites on March 22, 1965 and given an additional assignment as Parish Priest of Almanza, Paraaque, Rizal on December 13, 1963. dctai 2. That since he founded the Corporation Sole under the name and style of Katholicos Archiereus of the Orthodox Catholic Church Order in the Philippines, Orig. Sec. No. 37348 in 1969 his church order was always in sisterly communion with the aforesaid Trinitarian Catholic and Apostolic Church in Estrada, Singalong Subd. Manila; 3. That when Emmo. Mons. Raymundo O'Donnel died in early 1976, he was succeeded by his Secretary General and Parish Priest Emmo. Mons. Armando Palatao; that such choice was in consonance with Art. 9 of the Articles of Incorporation of Iglesia de la Santisima Trinidad Catolica Apostolica. (ISSTMA);that same year, Emmo. Mons. thus Armando Palatao died also leaving two Bishops as the only clergymen of the church, Bishop John A. Fortaleza and the petitioner. 4. That he was formally admitted into the church and Hierarchical membership of the church by the late Emmo. Mons. Armando Palatao and formally installed together with him on the occasion of his enthronement as Supreme Bishop on June 12, 1976 at their Primatial and Parish Church in Estrada. On the basis of the foregoing PRIMATIAL DECREE NO. 01-s-1991 this Commission issued on April 17, 1991, a Certificate of Filing of Assumption of Office certifying and approving as to the assumption of office of the herein respondent as Supreme Bishop of the Iglesia de la Santisima Trinidad Catolica Apostolica pursuant to the provisions of Section 114 of the Corporation Code of the Philippines. On April 24, 1991, the said respondent filed with this Commission an amended articles of incorporation of the petitioner Supreme Bishop of the Iglesia de la Santisima Trinidad Catolica Apostolica. A perusal of the records on file with this Commission show that the late Mons. Armando M. Palatao, the then Obispo Supremo-Elect, executed a document dated May 5, 1976 stating that respondent Tirso C. Noble was accepted as member of the church. Likewise, another document bearing the date 12 June 1976 was executed showing that respondent Tirso C. Noble was admitted to the church Hierarchic Membership of the Iglesia de la Santisima Trinidad Catolica Apostolica. Moreover respondent Tirso C. Noble filed a sworn statement dated 26 June 1976 stating that he was a regular member of the said Corporation Sole. The records further show that after the lapse of more than fifteen (15) years, respondent Tirso C. Noble suddenly filed a Primatial Decree No. 01-S-1991 concerning his automatic assumption to office of the Supreme Bishop of the Iglesia de la Santisima Trinidad Catolica Apostolica. Also, he executed an affidavit stating, among other things, that he is the incumbent legal and canonical Bishop Archiereus of the Eastern Orthodox Catholic Church in the Philippines and concurrently the newly assumed successor to the office of Supreme Bishop of the Iglesia de la Santisima Trinidad Catolica Apostolica. In the instant case, the issue pertaining to the authority of the respondent to file the amended articles of incorporation hinges on the propriety of the respondent's assumption of office as the Supreme Bishop of the petitioner. There is no dispute that the questioned amendment was filed by the respondent after the Commission approved his assumption as Supreme Bishop. Passing now to the issue and even conceding for a moment that as claimed by the petitioner, the respondent was not its recognized member, this matter is now beyond question by this Hearing Officer in view of the foregoing certification issued by the Commission approving the respondent's assumption of the office as Supreme Bishop. Apropos, it is our considered view that the authority of the respondent to file the said amendment is focused on the assumption that he is the Supreme Bishop of the petitioner. It is of great importance to stress that the petition makes reference only on its prayer to annul the said amended articles of incorporation but it never assailed nor questioned the propriety of the Certification issued by the Commission approving the assumption of office by the respondent as Supreme Bishop. Simply stated, the issue whether the respondent is authorized to file the said amendment rests mainly on the validity of his assumption as Supreme Bishop. At this stage of the proceedings, we find no justifiable reason to doubt the authority of the respondent to file the questioned amended articles of incorporation. To favorably accede to the petitioner's prayer to annul the said amended articles of incorporation is tantamount to such an act as would lead to conclude that the approval of this Commission as to the assumption of office by respondent Tirso C. Noble as Supreme Bishop is null and void the validity of the said approval is not even raised nor questioned and prayed for in the petition. Conformably, in the absence of any declaration annulling the said approval concerning the respondent's assumption of office as Supreme Bishop, the same is considered valid and effective unless declared otherwise. A Corporation Sole like the petitioner is a special form of corporation which consists of one person only who acts as a trustee in relation to his denomination or set or church. WHEREFORE, in the light of the foregoing, let this case be, as it is hereby DISMISSED. Accordingly, the injunction issued on December 12, 1991 is hereby SET ASIDE. LLpr SO ORDERED. (SGD.) ENRIQUE L. FLORES, JR. Hearing Officer