CITY OF SAN FERNANDO – The Missionaries of the Sacred Heart (MSC) Philippines Province has announced the eventual closure of the Chevalier School (CS) in Barangay Sto. Domingo here.
The announcement made on Nov. 28 and signed by Fr. Leonardo Cabrera, provincial superior of the MSC Philippines Province, was addressed to the CS community and posted on its official Facebook page.
It states: “…it is with great sadness and heavy heart that the MSC-Philippine Province informs the CS community of the eventual closure of the Chevalier School as a consequence of the departure of the MSC from the Archdiocese of San Fernando (ASF).”
It said the MSC cannot extend its stay in the ASF beyond the end of the school year 2020-2021 following the decision of the Roman Rota that ruled in favor of the ASF.
The Roman Rota is the highest appellate tribunal of the Catholic Church, and is the highest ecclesiastical court constituted by the Holy See related to judicial trials conducted in the Catholic Church.
Atty. Victor “Bong” Roque, designated spokesperson of the ASF, provided the timeline of what transpired between the MSC and the ASF that led to the closure of the CS.
Timeline on the CS background:
October 31, 1958. A contract of lease was entered into between the then Diocese of San Fernando, Pampanga as the lessor and Sacred Heart Mission Seminary, Inc. (SHMSI) as the lessee. The ASF allowed the lease for a measly sum of One (1) Peso for 99 years.
Roque said the SHMSI is the corporation of the MSC Fathers in whose favor the ASF leased the 3-hectare lot in Barangay Sto. Domingo, Angeles City.
He underscored that the corporate purpose of SHMSI (as specifically stated in their articles of incorporation) is “to educate young men to priesthood.”
Roque said the ASF leased the 3-hectare lot with the understanding that the MSC Fathers will remain true to its corporate mission “to educate young men to priesthood.”
But in the 1960s, the MSC Fathers put up another separate legal entity and registered it as Sacred Heart Mission Seminary of Pampanga, Inc.
In 1978, Sacred Heart Mission Seminary of Pampanga, Inc. changed its name to Chevalier School, Inc.
On January 29, 1988, Chevalier School, Inc. amended its corporate papers by changing its purpose, which is “to educate young boys and girls in the Elementary and High School.”
Breach of contract
Roque said in the first quarter of 2010, the Archdiocese maintained “the humble view” that the present occupant of the leased premises is no longer the SHMSI, the original lessee, but another corporation, the Chevalier School, Inc. And, because under the Corporation Code, each corporation has a separate and distinct legal personality, the contract of lease is deemed terminated for breach of one basic provision– the occupant is no longer the lessee.
In short, considering that the archdiocese’s lessee is SHMSI, while the present occupant of the premises is another legal entity by the name of Chevalier School, Inc., it is the archdiocese’s position that the entity presently occupying the premises is no longer the lessee (Sacred Heart Mission Seminary, Inc.) that the ASF inked a contract with.
Roque said the ASF had wanted to ink a new contract with the MSC Fathers, and even went to the extent of exerting efforts to amicably talk to their Provincial about the matter, but this did not yield any fruitful result.
He added: “Sadly, Chevalier School even insisted that it did not violate the terms of the lease contract arguing that the leased property and the buildings (are still being used) for educational purposes in accordance with the Roman Catholic teachings and belief.”
On June 28, 2010, the ASF, represented by the Roman Catholic Archbishop, Most Rev. Paciano B. Aniceto, D.D., formally lodged a complaint before the Roman Rota (instead of in the regular courts) against the Missionaries of the Sacred Heart (MSC) headed by provincial superior Rev. Fr. Tito Maratas, in accordance with Canon 1405 §3 3º and Canon 1444 §2.
The corporate purpose of the original lessee (the Sacred Heart Mission Seminary, Inc.), as stated in its articles of incorporation, was “to educate young men to priesthood.” This is no longer the purpose of the present occupant, Chevalier School, Inc.
In its complaint before the Roman Rota, the ASF stated: “Perhaps this complaint would not even be necessary if only the MSC fathers had kept the use of the lot for seminary purposes. Otherwise, the archdiocese might as well retrieve the property and use it as an extension of its diocesan major seminary—which happens to be presently located in a flood-prone area.”
Decision
On February 27, 2015, a decision was rendered by the Roman Rota in favor of ASF, basically stating that the 1958 Contract of Lease between the ASF and the Sacred Heart Mission Seminary, Inc. is deemed nullified.
On January 13, 2016, a meeting was held among the representatives of CS comprising Fr. Gene Pejo, MSC (Provincial Superior), Fr. Edwin Borlasa, MSC, Fr. James Espuerta, MSC, and Fr. Archie Tapang and the ASF with Archbishop Florentino G. Lavarias, D.D., Msgr. Eduardo Pangan, Fr. Francis Dizon, Fr. Victor S. Nicdao, Fr. Dino Albert N. Pineda, and Atty. Victor B. Roque.
In that meeting, the following points were discussed in regard to the renewal of the Lease Contract of Chevalier School: 1) a new contract of lease for 25 years; 2) P100,000 a month as rent; and 3) the Ministry of MSC and Roman Catholic Archdiocese of San Fernando.
Roque said as an additional stipulation, the interest of the parents and students should be considered.
Roque said the following items were acknowledged by the MSC Fathers during the discussion: 1) Receipt of the decision of the Roman Rota; 2) 1958 Contract of Lease is declared null and void; 3) property should be turned-over to the Archdiocese; and 4) the MSC Fathers intend to continue their school ministry and charism.
The following resolutions were arrived at: 1) MSC to give a concrete proposal for lease in writing on or before January 18, 2016; and 2) the Board of Church Temporalities (BCT) of the Archdiocese shall discuss the proposal of MSC Fathers.
On March 20, 2016, the MSC Fathers wrote a letter to the ASF admitting that they “serve at the pleasure of the Archdiocese under whose jurisdiction (the MSC Fathers and Chevalier School) operate.”
On May 20, 2016, the Archdiocese replied, setting the points that both parties have agreed upon among them: that the new lease contract to be executed shall specify that CS shall use the leased premises only for educational purposes.
On July 27, 2016, the MSC Fathers sent a revised proposal to lease, containing the following, among other things: Lease term will be 15-year lease contract; and reimbursement of improvements: The ASF should reimburse CS the value of the buildings and structures.
On December 16, 2016, ASF sent to the MSC Fathers the final decision in regard to the MSC’s request to execute a new lease contract for CS.
As a result, the issues were deemed resolved among them the new Lease Contract to be executed shall specify that CS shall use the leased premises only for educational purposes.
The ASF expressed hopes that the new contract of lease could be signed on or before the end of 2016.
On February 28, 2017, a meeting was held between the ASF and the MSC Fathers and resolved among them the tentative setting for signing of contract of lease on March 21, 2017 at 3 p.m.
Before the date of signing, the ASF sent a draft of the contract of lease to the MSC Fathers, in order for them to have it reviewed by their lawyer, so that the contract of lease may finally be signed by the parties.
PTA files complaint
But on March 22, 2017, Fr. Leonardo Cabrera, MSC, wrote a letter to the archbishop that the CS Employees and the CS PTA Foundation filed a complaint against CS and the MSC Fathers, seeking to restrain the MSC Fathers from signing a new contract of lease with the ASF.
On March 24, 2017, Archbishop Lavarias wrote a letter addressed to Fr. Cabrera, asking for a copy of the answer of MSC Fathers on the complaint, as well as the pieces of evidence that were presented during the hearings on the TRO and the writ of preliminary injunction.
But Cabrera has not complied with the request of the archbishop, Roque said.
On March 27, 2017, the RTC Branch 58 of Angeles City issued a writ of preliminary injunction, enjoining the MSC Fathers from signing a new contract of lease with the ASF.
The disputed 3-hectare land is reportedly the only piece of property left to the ASF after it gave its landholdings for social justice to the government’s land reform program.
