Bishop Larry Silva has issued a “penal precept” prohibiting Father Alfred Rebuldela, a retired priest of the Diocese of Honolulu who was credibly accused of sexually abusing a minor as a young priest more than 40 years ago, from presenting himself as a priest or from exercising any priestly ministry. (See “Official notices” on page 2)
His case was reviewed by the Diocesan Review Board and the Vatican Dicastery of the Doctrine of the Faith (DDF)/Disciplinary Section who advised issuing the precept. Father Rebuldela signed the document on Nov. 8.
Here are some questions and answers about the penal precept.
Q: What is a penal precept?
A: A precept is a type of decree which enjoins a specific person to do or omit doing something. A penal precept is one that concludes an administrative penal process.
Q: Who can issue a penal precept?
A: Any local “ordinary” can issue a penal precept (i.e., the diocesan bishop, vicar general, or, in our diocese, the vicar for clergy with regard to clerics). A penal precept can impose temporary or perpetual measures. A penal precept that imposes a perpetual expiatory penalty requires prior authorization of the Holy See. The permanent exclusion from all public sacred ministry is an example of a perpetual expiatory penalty.
Q: Was there a penal precept written for every priest in the diocese who has been removed from active ministry because of abuse allegations, or is this a new thing?
A: A penal precept is not a new thing. It has existed in church law for hundreds of years and is part of the canonical tradition.
When the bishop receives a notice of a grave delict (serious wrongdoing), he is required to have a preliminary investigation conducted and then he makes a recommendation to the Dicastery for the Doctrine of the Faith as to the penalty he wishes imposed, if any. The DDF ordinarily follows the recommendation of the bishop. In the case of those credibly accused of the sexual abuse of a minor, the bishop may opt for either laicization or the permanent exclusion from all public sacred ministry, depending on the circumstances.
Q: What is a laicization and how does it differ from the sanctions imposed by the penal precept?
A: A “laicization” is a return of a member of the clergy to the lay state. Bishops, priests and deacons are all members of the clergy, according to the current 1983 Code of Canon Law. Being a member of the clergy is a legal status which carries with it certain rights and obligations. With the loss of the clerical state, those rights and obligations are lost. Thus, anyone ordained as a priest will always be a priest, but he might no longer be a member of the clergy. A return to the lay state can be effected as a favor from the Holy Father (a rescript) or as a penalty (decree of dismissal).
A priest who is under a penal precept remains a member of the clergy and retains all rights and obligations of a priest except those which were expressly excluded by the precept. A priest under precept may, for example, retain the right to celebrate Mass in private with a single adult server or the right to be buried as a priest.
Since the status as being ordained cannot be lost, both a priest who is laicized and a priest who is under precept excluding him from all public sacred ministry is permitted to hear a confession and grant absolution in danger of death. This is always allowed as an exception since it may affect the salvation of souls.
Q: Does the subject of a penal precept who is retired still receive a diocesan pension, health care and other benefits given to priests of the diocese?
A: A priest under penal precept as well as a laicized priest retains the right to receive the diocesan pension, the same as any priest of the diocese who retired in good standing. He will also receive healthcare benefits.
