Short answer. No. Article 1027 of the Civil Code expressly bars the priest who heard the testator's last confession from inheriting under a will. This disqualification also extends to the relatives of such a priest within the fourth degree, and to the church, order, or institution to which the priest belongs.
What the law says
The priest who heard the confession of the testator during his last illness, or the minister of the gospel who extended spiritual aid to him during the same period
Civil Code, Article 1027 — Who Cannot Inherit by Will. Read the full provision →
The disqualification and why it exists
Article 1027(1) prohibits a priest who heard the testator's last confession — or a minister who extended spiritual aid during the testator's final illness — from inheriting under the testator's will. The disqualification reflects a protective concern: a person in the final stages of life is vulnerable to undue influence, and the priest or minister who provides spiritual comfort at that moment occupies a position of profound trust and emotional closeness. The law removes the incentive for that influence to be exercised for personal gain by making any bequest to such a person void.
Who else is disqualified because of the priest
Article 1027(2) extends the disqualification beyond the priest personally. The relatives of the priest within the fourth degree are equally disqualified — a bequest to the priest's parent, sibling, child, grandchild, or cousin up to the fourth degree of consanguinity is also void. Furthermore, the church, order, chapter, community, organization, or institution to which the priest belongs cannot inherit from the will either. This broad extension prevents the disqualification from being circumvented by routing gifts through related persons or entities.
What happens to the disqualified bequest
When a person named in a will is disqualified from inheriting under Article 1027, the bequest to that person does not simply carry over to someone else automatically. The void bequest falls back into the estate. Depending on whether a testamentary heir or the intestate heirs are entitled to the freed portion, the estate will be redistributed accordingly. If the will named other heirs and the void bequest was a specific legacy, the rest of the will generally remains valid. The disqualification is specific to the ineligible person — it does not invalidate the entire will.
What to do if you are contesting this bequest
If you believe a bequest in your mother's will to the parish priest who heard her last confession is void under Article 1027, the mechanism to contest it is through a probate proceeding. During probate, heirs and interested parties may raise objections to the will or to specific dispositions within it. The burden will generally be on you to establish that the priest who is named in the will is in fact the same person who heard the last confession — and that the encounter occurred during her last illness. Evidence from family members, medical records, and sacramental records may be relevant to establishing this.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Pedro Generosa, et al. vs. Pacita Prangan-Valera, G.R. No. 166521, August 31, 2006 — read the decision on LawPhil →