HomePhilippiniana Sacravol. 45 no. 135 (2010)

The Nature of Delict in Canon 1321: Its Implications on the Dismissal Process of Religious in Cases of Sexual Misconduct Part I

Mayong Andreas Acin | Isaias Antonio D. Tiongco



In contemporary times, incidents and cases brought about by sexual misconduct by clerics and religious alike had spurned distressing issues which the Church had to confront with. The dilemma of the Church in striking a balance between asserting its grave obligation to protect potential victims and promote its spiritual welfare on the one hand, and assisting troubled clerics and religious with dignity and compassion on the other, has inevitably put the Church at the central sphere of scrutiny and discourse.

This paper investigates the delicts of religious involving sexual conduct – its nature, its relation to the Sixth commandment, the dismissal processes, the preliminary investigation and determination procedures and the effects. It also purports that the issue of dismissal of religious in the aforementioned case is complicated and difficult to analyze. Hence, it must be closely examined, must involve the duties and rights of various key people and must be dealt with utmost sensitivity, integrity and fairness.