BY ATTY. JULIUS GREGORY B. DELGADO

CANON LAW, PONTIFICATE AND HABEMUS PAPAM

In this column, we depart from our usual topics on Civil Law and we delve into the realm of Canon Law as we are awaiting for the election of a new Supreme Pontiff or the Pope. The Roman Catholic Church is in a period called sede vacante which simply means that the seat is vacant. Canon law is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. Contrary to misconception that it came from the word “canon” referring to the weapon, it is really a Greek word for a “rule, norm, standard or measure.”

As a caveat, this representation has not studied Canon Law and is not competent to interpret the following laws of the Church. But let us see the basis of the Pontificate under the law of the Church. Canons 331 and 332, Article 1, Chapter I provide: 

Can. 331 The bishop of the Roman Church, in whom continues the office given by the Lord uniquely to Peter, the first of the Apostles, and to be transmitted to his successors, is the head of the college of bishops, the Vicar of Christ, and the pastor of the universal Church on earth. By virtue of his office, he possesses supreme, full, immediate, and universal ordinary power in the Church, which he is always able to exercise freely.

Can. 332 §1. The Roman Pontiff obtains full and supreme power in the Church by his acceptance of legitimate election together with episcopal consecration. Therefore, a person elected to the supreme pontificate who is marked with episcopal character obtains this power from the moment of acceptance. If the person elected lacks episcopal character, however, he is to be ordained a bishop immediately.

The Pope is elected by the Cardinals or Prince of the Church. This is provided under Canon 349, Chapter III which provides:

Can. 349 The cardinals of the Holy Roman Church constitute a special college which provides for the election of the Roman Pontiff according to the norm of special law. The cardinals assist the Roman Pontiff either collegially when they are convoked to deal with questions of major importance, or individually when they help the Roman Pontiff through the various offices they perform, especially in the daily care of the universal Church.

However, while there are currently 252 members of the College of Cardinals, only 135 are eligible to vote in this upcoming Conclave because under the Universi Dominici Gregis, an apostolic constitution of the Catholic Church issued by Pope John Paul II on February 22, 1996, only those Cardinals who are not more than 80 years old during the death or resignation of the Pope may vote in a conclave to elect his successor. The requirement of the election of the Supreme Pontiff is a two-thirds majority of the Cardinal-Electors which requirement was established by Pope Gregory XV in his 1621 Papal Bull called Aeterni Patris Filius.

Once the two-thirds majority is reached, the winning cardinal is asked if he accepts his election and what papal name he will adopt or use. Habemus Papam announcement by the Protodeacon or the most senior of the Cardinal-Deacons will follow. The history of Habemus Papam dates back to the election of Cardinal Odo Colonna who took the regnal name Pope Martin V in 1417. Pope Martin V was elected by the cardinals and representatives from different countries at the Council of Constance. The context being was that there were three (3) Popes claiming to have an authority, one (1) Pope and two (2) Antipopes. This period of the Church was called Western Schism which was ended by the Council of Constance. When Pope Martin V was elected, there was a necessity to announce in the context of “finally, we have a Pope, and only one.” The adoption of the Habemus Papam formula currently being used dates back to 1484, the year in which it was used to announce the election of Cardinal Giovanni Battista Cybo who took the name Pope Innocent VIII.

The 2025 Conclave will begin on May 7, 2025. We continue to pray for guidance to the Cardinal Electors as they select the next Supreme Pontiff who will oversee the almost 1.5 Billion faithful all over the world.