I am a member of the Roman Catholic Church. Throughout the centuries, the church has been the subject of numerous scandals and issues. It has also undergone transformation most notably due to Second Ecumenical Council or more popularly known as “Vatical II”. Sweeping reforms were introduced by the said council shaping what the church is at present. One of the most notable changes is the “abandonment” of the Latin mass and adoption of the Novus Ordo where the priest or celebrant faces the congregation when celebrating mass. The language of the mass was also translated into several languages that they congregation might actively participate in the celebration. The participation of the lay was also encouraged. One notable tradition however, remains- priestly celibacy. Several attempts have been made to persuade the Pope to relax this rule but no such change is expected. Upon ordination, priests are not to marry as a matter of discipline and tradition. It is not a secret also that some of the ordained ministers got married but according to church experts, only their priestly faculties were withheld from them but their ordination remains. But the question is, is their marriage legal?
It is legal
Being an ordained minister of the Catholic Church is not one of the legal impediments to marry. The Family Code states the essential requisites of a valid marriage as: “(1)Legal capacity of the contracting parties who must be a male and a female; and (2) Consent freely given in the presence of the solemnizing officer” (Art. 2, Family Code). Of course all of the parties should have the capacity to marry, meaning- they should be of age and no existing valid marriage. The rules and laws of the Catholic Church cannot impose any additional requirement or restriction upon any person to enter into marriage otherwise the equal protection clause of our Constitution is violated. The separation between the Church and State is after all inviolable. The marriage will be considered valid but the priest may be subjected to the laws and rules of the church and that his faculties might then be withdrawn.
Priests and the Government
By reason of our colonization by Spain and being jointly governed by the state and church during that time, our desire to break the bondage of colonization also meant the disdain over the interference of the church with state affairs. Our Constitution states: “the separation of Church and State shall be inviolable”. This provision is further strengthened by (2) Section 29 of Article VI which prohibits the appropriation of public money for the benefit of any church or religion or for any priest or minister except when assigned in the armed forces, penal institution or orphanage. In short, priests are not to receive any public money. But what if the priest serves in his secular capacity, is he still barred from receiving compensation? The constitution does not actually prohibit this. What it frowns upon is the payment of public money to a priest for an act in the exercise of his religious functions. If he serves as a government official or employee he is entitled to receive his salary otherwise he will be deprived of his property in violation of his Constitutional right. The Constitution does not prohibit ordained ministers from serving as government officials or employees and whenever they do, they are entitled to all the salaries and benefits. Priests who receive salaries for secular work then have to pay the equivalent income tax just like anyone. What is prohibited is for the government to favour a particular religion or church or exercise of religion in general to ensure the separation of the two institutions. The government cannot suppress or promote the exercise of any faith or religious belief. Although not related to the rule, it should be remembered that a priest is barred from receiving inheritance from a person whom he administered to while sick or dying to prevent him from benefiting from any possible influence he might have exerted over the decedent. A priest cannot also be compelled to divulge to the court what has been confessed to him by an accused.
