HOULD the
constitutional provision exempting Church lands from paying land taxes and
exempting churches and their schools from all taxes be scrapped? According to
the Catholic Bishops Conference of the Philippines (CBCP) many of the dioceses
do not avail of the tax exemption anyway, which still has to be applied for
before it is given..
Fr. Joe Dizon of Solidarity Philippines says: "We don’t find
it a problem. We preach good citizenship and if the law provides that we have to
pay taxes, then, we have to. Basta anything provided by the law, we will agree."
Should the churches be taxed?
Let’s look at what happened between the Church and State in
the country through which our first colonial masters ruled us, the Viceroy of
Mexico.
The Roman Catholic Church’s role in Mexican history started
earlier than it did in Philippine history, When Hernán Cortés landed on the
coast of Mexico in 1519, he was (as was Ferdinand Magellan in 1521 in the
Philippines) accompanied by priests. Spanish territories were conquered in the
name of the cross as well as the crown.
The main difference in our histories was that the Mexicans
were able to free themselves of the colonial master much earlier. Here, the
Great White Father from America took over from Mother Spain and, basically,
adopted whatever was the Spanish colonial rule.
(What follows was gleaned from the Internet.)
In Mexico, on March 11, 1857, a new constitution was adopted
that denied all ecclesiastical entities the right to own real estate and
abolished most remaining ecclesiastical privileges. On July 12, 1857, President
Benito Juárez confiscated all church properties, suppressed all religious
orders, and empowered the state governors to designate what buildings could be
used for religious services. Mexico’s first religious civil war was fought
between 1857 and 1860 in reaction to this.
The constitution of 1917 highlighted and institutionalized
many of the nineteenth-century secular reforms. It included at least five
articles that affected all religious groups, regardless of denomination. These
articles, which remained in effect until 1992, appeared to preclude any national
role for the Roman Catholic Church. Article 3 forbade churches from
participating in primary and secondary education. Article 5 prohibited the
establishment of religious orders. Article 24 mandated that all religious
ceremonies occur within church buildings. Article 27 gave the state ownership of
all church buildings.
Article 130 stated that the Roman Catholic Church lacks legal
status; ecclesiastical marriages have no legal standing; state legislatures can
determine the maximum number of clergy operating within their boundaries; and
operation of church buildings requires explicit government authorization.
Article 130, Section 9 read: "Neither in public nor private
assembly, nor in acts of worship or religious propaganda shall the ministers of
the religions ever have the right to criticize the basic laws of the country, of
the authorities in particular or of the government in general; they shall have
neither an active nor passive vote, nor the right to associate for political
purposes."
Beginning in 1926 and continuing until the late 1930s,
various federal and state administrations strenuously enforced these
constitutional edicts and related laws. Their actions paved the way for the
second Mexican religious war, the bloody Cristero Rebellion of 1926-29 in
western Mexico.
During this period, the governor of Sonora ordered all
churches closed, officials in the state of Tabasco required priests to marry if
they were to officiate at mass, and the Chihuahua government allowed only one
priest to minister to the entire statewide Roman Catholic population.
Church-state conflict officially ended with the
administration of Manuel Ávila Camacho (1940-46). With the notable exception of
Article 130, Section 9, the government tacitly offered non-enforcement of key
constitutional provisions in exchange for the Roman Catholic Church’s
cooperation in achieving social peace.
By the early 1980s, however, this unspoken consensus
supporting the legal status quo had eroded. The Roman Catholic Church regarded
the constitution’s anticlerical provisions, especially those governing
ecclesiastical political activity, as anachronistic. It demanded the right to
play a much more visible role in national affairs. At the same time, the church
became increasingly outspoken in its criticism of government corruption.
(During President Ramos’ visit to Mexico, I realized that
priests could still not wear their priestly robes outside of their churches and
that the physical churches themselves were still regarded as Mexican government
property, which the State only allowed the priests to use for the services it
offered the parishioners.)
***
The Virgin of Guadalupe has long been a symbol enshrining the
major aspirations of Mexican society.
According to Roman Catholic belief, in December 1531, the
Virgin Mary appeared on three occasions to a Christian Indian woodcutter named
Juan Diego on the hill of Tepeyac, six kilometers north of Mexico City’s main
plaza.
She spoke to him in the Náhuatl language and identified
herself by the name of Guadalupe. The Virgin commanded Juan Diego to seek out
Bishop Juan de Zumárraga and to inform him of her desire to have a church built
in her honor on that spot. After two unsuccessful visits to the bishop’s house,
Juan Diego returned to Tepeyac and was ordered by the Virgin to pick up some
roses, carry them on his cloak, and attempt to make a third visit to the
skeptical bishop.
Once in the bishop’s office, Juan Diego unfolded his cloak to
present the roses, and an image of a mestizo Virgin had been miraculously
imprinted upon it. Bishop Zumárraga acknowledged the miracle, and a shrine was
built on the site of the appearances.
Today, two neighboring basilicas of Our Lady of Guadalupe are
at the foot of Tepeyac hill. The first basilica, which was dedicated in 1709 but
now is closed to services, accommodated 2,000 worshipers; the new ultramodern
basilica, inaugurated in October 1976, accommodates up to 20,000 people. Juan
Diego’s original cloak with the mestizo Virgin image imprinted on it hangs above
the altar of the new basilica.
Devotion to Our Lady of Guadalupe remains strong even as other aspects of
Mexican society have changed. The UNAM national opinion poll found, for example,
that nine out of ten Mexicans continue to ask intercessions from the Virgin or a
saint.