‘Bankruptcy plan OK will result in $34M-$100M compensation’

Clergy sex abuse survivor Leo Tudela, left, and Concerned Catholics of Guam Inc. president David Sablan Jr. (FERDIE DE LA TORRE)

Clergy sex abuse survivor Leo Tudela and Concerned Catholics of Guam Inc. president David Sablan Jr. are grateful that the Guam federal court approved last week a joint bankruptcy exit plan that will get the Archdiocese of Agana out of bankruptcy, as this will result in compensation of $34 million to $100 million to more than 270 survivors of Guam sexual abuse/assault from members of the clergy, some of which occurred in the 1950s.

Speaking with Saipan Tribune over the weekend, Sablan said he’s happy that the case is behind them now, and that the victims are going to get compensated.

“But you know, there’s no amount of money that can take away the pain and the anxiety that all of these victims that they experienced at the hands of these terrible, evil priests,” Sablan said.

Tudela, 79, a retired federal government employee, was 13 years old when he was sexually abused by a priest and other clergy. He was the first one in Guam to come out in public against the clergy abuses.

In the same interview with Sablan on Saturday, Tudela said the judge’s approval of the plan is wonderful and that he and the other victims are very grateful. “It’s been a long, long journey. It took over six years now. Of course we’re happy. It’s not a perfect one but it’s a reasonable one,” he added.

The clergy sex abuse case has been dragging on in Guam since 2016.

The Archdiocese of Agana filed for bankruptcy in 2019 after hundreds of victims of clergy sex abuse filed lawsuits to seek compensation.

U.S. District Court for Guam Chief Judge Frances Tydingco-Gatewood confirmed last week the joint bankruptcy exit plan.

Sablan said the Concerned Catholics of Guam Inc. is an organization that was established in 2016 and has been supporting the victims, and noted that some of the victims are from the CNMI.

“We want them to settle quickly with these victims so that we can put this history behind us and more forward,” he said.

Since 2016 when the original lawsuit was filed against the church, the the Archdiocese of Agana in Guam had to file for bankruptcy because the claims amounted to over $100 million.

“So they just don’t have the money. So they filed for bankruptcy. So now the settlement with all the claimants, including the victims’ committees, has to go through the bankruptcy court. That was settled just last week,” Sablan said.

He said under the exit plan, the Archdiocese of Agana is going to put a minimum of $34 million in a trust fund and that will be distributed to the claimants, including the victims. Sablan said it could also go up to around $45 million if certain assets of the archdiocese are sold, such real estate properties.

He said between $34 million and $45 million is what is expected from the archdiocese, but there’s also some monies that are going to come from insurance companies. “So it could go up to $100 million once all the monies are thrown in. These are insurance companies that have policies with the Boy Scouts of America because they’re also one of the defendants.”

He said the Archdiocese of Agana and other insurance companies have to share this liability.

“So that’s the amount that’s going to be the funds that will be distributed to the various claimants—secured and unsecured,” Sablan said.

He said secured refers to the banks because the archdiocese has to pay the banks because of the fact that it was bankrupt.

“So that’s the decision of the court for the Archdiocese of Agana to come out of bankruptcy. They’ve got to put all these money in the fund, then to be paid to the secured claimants, which would be Bank of Guam and others, and the unsecured claims, which would be the victims,” he said.

Sablan said one of the important aspects that also came down is the Child Protection Protocol. He said there are certain things that victims wanted established for the Archdiocese of Agana and the Diocese of Chalan Kanoa and probably also the archdioceses in Micronesia, so that these dioceses will follow these protocols to protect the children that are altar boys, altar girls, or any children that are serving in the future.

“[Part of] these protocols is that no altar boy or altar girl is to be alone with any priest. No sleepovers in the priest houses,” he said.

The practice used to be that, during Lent, some of the altar boys would sleep over in the priest’s house because they are going to be serving early the next morning.

“No more of that. That’s prohibited. No priest is to be alone with any of these altar boys or girls or any children whatsoever. They always have to be with other adults,” he said.

Sablan said all of the priests involved in the case have already passed away except for former Guam archbishop Anthony Apuron.

“Apuron is a fugitive. He is exiled from Guam because he was found guilty by the Vatican. They stripped him of his archbishop title. He’s no longer the archbishop of Guam,” he said.

Tudela said they must protect the present altar boys and altar girls and those in the future by having the archdiocese comply with the protocols.

“For me, that’s very important besides the compensation. Moneywise, it’s just equally important,” said Tudela, adding that there are some people on Saipan who are also part of this case.

He said no child should be molested by any priest and that he wants the CNMI and Micronesia to part of these child protection protocols.