On July 17, 2023, the bishop of the small Aragonese diocese of Barbastro Monzón published a series of "Appointments and some changes to move forward together for better pastoral care." which included the appointment of "José Mairal Villellas, rector of the Sanctuary of Torreciudad to (...) be responsible for the pastoral and ministerial care until the existing canonical situation between both institutions is regularized".
The surprise was great, not only among the faithful, but also in the Prelature of Opus DeiThe appointment of the new church and the dissemination of the devotion to the Virgin of Torreciudad, since the appointment had been made from unilateral manner by the diocese and spoke of the need for a "regularization of the canonical situation".
At that time, Omnes published an article which explained the reasons given by both parties for, on the one hand, considering the appointment as legitimate and, on the other hand, for not doing so and announcing a careful study of the matter.
As a result of this appointment, the process that had been underway for several years between the Prelature of Opus Dei and the Aragonese diocese to reach a new agreement regarding the sanctuary and the consequent problems of understanding that had arisen along the way.
In this matter, issues that directly concern two legal spheres converge: the power to appoint a rector and to make the new church a diocesan sanctuary, which are upheld by Canon Law, and the validity of the emphyteutic census contract for the cession of the old hermitage and the image of the Virgin of the Angels of Torreciudad, which are framed within Civil Law.
Ownership of the image and the wayside shrine
It should be borne in mind that what is nowadays identified as Torreciudad comprises, in the foreground, the church designed by the team of architects led by Heliodoro Dols. This construction was made possible thanks to the donations of the faithful from different places encouraged by Opus Dei. This new church belongs to the Canonical Foundation of the Sanctuary of Our Lady of the Angels of Torreciudad.
Both the image of the Virgin of Torreciudad and the old hermitage are the property of the diocese of Barbastro-Monzón. However, in 1962, by means of what is known as contract emphyteutic (a type of contract used in law to assign in perpetuity the useful domain of a property or object under the conditions agreed by the parties) are assigned in perpetuity to the civil entity Inmobiliaria General Castellana, S.A. (later Desarrollo Social y Cultural, S.A.).
As noted in the article published in August 2024 in the same media, one of the points of friction between the bishop of Barbastro-Monzón is the consideration of the validity of this contract, signed between Opus Dei and the bishopric of Barbastro in 1962, in which it was agreed that the useful domain of the hermitage and the image of the Virgin would be transferred in perpetuity.
Ángel Pérez Pueyo does not recognize the validity of those agreements, while Opus Dei defends that they are fully valid and should be the basis for any legal modification. Legal sources consulted by this media point out that, in the civil sphere, it is difficult to defend the nullity of these agreements, which were made following the pertinent legal guidelines at all times.
In fact, these differences of criteria are what caused the Opus Dei Prelature not to attend the conciliation act requested by the Bishopric and set for December 20, 2023, since, according to the basis on which it was presented, its attendance at that conciliation act would imply acceptance of the nullity of the 1962 agreements.
The appointment of the rector
In relation to the decision to appoint a rector for Torreciudad, the diocese of Barbastro-Monzón referred to the need to "regularize" the canonical situation of the sanctuary as a reason for this appointment, although it did not specify the nature of this situation.
Subsequently, the Diocese of Barbastro-Monzón itself pointed out that "in the case of Torreciudad, and in order to regularize its canonical situation with the diocese, the Prelature was asked to propose to this bishopric a list of three priests to make the appointment of the rector (c. 557 §1). With the passing of the months, and not having received this list after several requests, we have opted for the appointment of José Mairal, pastor of Bolturina-Ubiergo, to whose parish belongs the hermitage-sanctuary of Torreciudad".
Why did Opus Dei not present a list of three priests? The Prelature responded to this question by stressing that the statutes in force for Torreciudad specify that "the appointment of the rector and the designation of the priests in charge of pastoral care corresponds to the Regional Vicar of the Prelature."
These statutes are based on the same canon that the Bishopric pointed out, since it determines that "the diocesan Bishop freely appoints the rector of a church, without prejudice to the right of election or presentation, when this right legitimately belongs to someone; in this case, it is up to the diocesan Bishop to confirm or institute the rector".
This is the procedure that has been followed in Torreciudad. Since there has been no change in the legal status of Torreciudad and meetings are being held to reach a new agreement, the "Prelature understands that it is not necessary to present a list of three candidates".
Faced with the decision of the bishop of Barbastro-Monzón in July 2023 to declare the office of rector of Torreciudad vacant and proceed to appoint a priest of the Diocese, the Opus Dei prelature decided to appeal to the Holy See.
Thus, on September 1, 2023, the rector appointed by Bishop Pérez Pueyo began to carry out this task, which translated into a weekly celebration of Holy Mass in the church.
Torreciudad, a diocesan sanctuary?
At present, the status of the Torreciudad temple is still that of a semi-public oratory.
Making Torreciudad a diocesan sanctuary had long been the desire of the Prelature and the origin of the negotiations that began in 2020 with the bishopric of Barbastro Monzón.
With the status of diocesan sanctuary, the temple erected in 1975 would be governed according to the existing regulations The bishop of Barbastro-Monzón may approve the new statutes and establish an agreement with the Prelature that will include the appointment of the rector by the bishop, in accordance with canons 556 and 557 of the Code of Canon Law.
These canons foresee that the appointment of the rector corresponds to the diocesan bishop and this would be done, after the presentation of a list of three candidates by the Opus Dei prelature of the possible rector", as the Opus Dei prelature pointed out in an extensive document of questions and answers last March.
On December 8, 2023, the bishop of the diocese of Barbastro Monzón announced that Torreciudad will become a "diocesan sanctuary when appropriate" and that he had consulted the Dicastery for the Clergy during his stay in Rome last November 28, during the meeting that all the Spanish bishops held with Pope Francis to analyze the situation of the Spanish seminaries. This news suggested that there was a green light from the Vatican to move forward in this process but, months later, there has been no further information.
The requests of the bishopric of Barbastro Monzón
The conversations between the Prelature of Opus Dei and the Bishopric of Barbastro continue to this day. It should not be forgotten that the new church has been a turning point in the spiritual, social and economic revitalization of the area. However, the positions of both sides do not seem to find a satisfactory solution.
In its request for conciliation, the Bishopric of Barbastro asked "to restore the carving of the image of the image of Our Lady of Torreciudad, without causing any damage, to its original location, located in the Hermitage of Torreciudad" and "the reversion to the Diocese of the Hermitage, Hostelry and annexed dependencies object of the contract of emphyteutic census elevated to public deed on September 24, 1962, the purpose of which was the transfer of the useful domain by the Diocese of Barbastro of the property consisting of the Sanctuary destined to the worship of Nuestra Señora de Torreciudad, together with its guest house and annexed premises, with a surface area of 120 square meters, in favor of the mercantile company INMOBILIARIA GENERAL CASTELLANA, S.A. (today DESARROLLO SOCIAL, S.A.)".
This would involve de facto a declaration of nullity of the agreements signed in the 1960s. Following the usual trend in the management of diocesan sanctuaries, the Bishopric would have to take charge of the maintenance, security and pastoral and economic care of this Hermitage, Hostelry and dependencies.
In addition, the diocese requested the Opus Dei a financial contribution to the bishopric that the prelature considered "disproportionate", taking into account that the income generated by the ordinary activity of the sanctuary "is not enough to cover 30 % of the expenses, and the Association Patronato de Torreciudad has to take charge of finding resources to cover the rest of the expenses". A figure that also has to be agreed upon in the conversations between the prelature and the diocese.
One year later, the Torreciudad process is today with the engine running but in low gear and awaiting a prompt and fair solution.
Chronology
2020- The Prelature of Opus Dei has proposed to the Diocese of Barbastro-Monzón its desire to update some details of the legal framework of Torreciudad. Its proposal was to elevate the temple to a diocesan sanctuary.
July 17, 2023: The Bishop of Barbastro Monzón publishes a series of appointments among which is that of the diocesan priest Jose Mairal as rector of Torreciudad.
July 18, 2023: The Prelature of Opus Dei in Spain published a communiqué on the appointment of a rector in Torreciudad, stressing that it will study the matter carefully.
July 22, 2023: The Bishopric summons Opus Dei to an act of conciliation defending as a basis the nullity of the emphyteutic census contract signed on September 24, 1962. (The Prelature would have knowledge of this act in December 2023).
August 20, 2023: The Bishop of Barbastro Monzón presides the day of the Virgin in Torreciudad.
August 31, 2023: Opus Dei sent the diocese a proposal of agreement, which includes both legal and pastoral questions, in which it is proposed that the new church be considered a diocesan canonical shrine.
October 3, 2023: The entity Desarrollo Social S.A. delivers to the Court of Barbastro a document in which it points out the reasons for the validity of the emphyteutic census contract signed on September 24, 1962.
December 2, 2023: Notification was received at the headquarters of Opus Dei in Spain from the Barbastro courts for the act of conciliation with the Prelature, filed on July 22, 2023 by the Bishopric.
December 8, 2023: The Bishop of the Diocese of Barbastro Monzón announces the approval of the Holy See to convert Torreciudad into a diocesan sanctuary.
March 1, 2023: Opus Dei publishes an extensive document clarifying some points about Torreciudad and publishes the details of the emphyteutic census contract as well as the request for conciliation.
September 25, 2024: The Bishopric of Barbastro Monzón announces that "it has placed in the hands of the Holy See the solution to the differences of criteria with the Prelature of Opus Dei regarding the juridical, canonical and pastoral regularization of Torreciudad". The bishopric had transferred the case to the Secretariat of State and the Dicastery for the Clergy the third week of September.
