Short answer. No. Article 1027 of the Civil Code extends the incapacity beyond the confessor himself. The relatives of the priest within the fourth degree, as well as the church, order, chapter, community, organization, or institution to which the priest belongs, are equally incapable of succeeding under the will.
What the law says
The following are incapable of succeeding: (1) 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; (2) The relatives of such priest or minister of the gospel within the fourth degree, the church, order, chapter, community, organization, or institution to which such priest or minister may belong; (3) A guardian with respect to testamentary dispositions given by a ward in his favor before the final accounts of the guardianship have been approved, even if the testator should die after the approval thereof; nevertheless, any provision made by the ward in favor of the guardian when the latter is his ascendant, descendant, brother, sister, or spouse, shall be valid; (4) Any attesting witness to the execution of a will, the spouse, parents, or children, or any one claiming under such witness, spouse, parents, or children; (5) Any physician, surgeon, nurse, health officer or druggist who took care of the testator during his last illness; (6) Individuals, associations and corporations not permitted by law to inherit.
Civil Code, Article 1027 — Who Cannot Inherit by Will. Read the full provision →
The incapacity extends to relatives and the religious institution
Article 1027 of the Civil Code identifies six categories of persons incapable of succeeding by will. The first is the confessor or spiritual minister himself. The second directly answers your question: The relatives of such priest or minister of the gospel within the fourth degree, the church, order, chapter, community, organization, or institution to which such priest or minister may belong are equally incapable. If the confessor is barred, so are his blood relatives up to the fourth degree, and so is the religious organization — the order, convent, diocese, community, or institution — to which he belongs.
Why the incapacity extends so broadly
The purpose of this incapacity is to protect vulnerable testators during their final illness from undue influence. A confessor who ministers to a dying person is in a position of great spiritual and emotional influence. The law distrusts bequests made under those circumstances not just because the priest himself might benefit, but because the priest might channel the bequest through his relatives or his religious institution. Excluding those connected parties closes the obvious routes through which the prohibited benefit could flow indirectly to the confessor or to those close to him.
What counts as the fourth degree of relationship
The fourth degree of consanguinity under the Civil Code's rules on relationship covers great-grandparents, great-grandchildren, first cousins, as well as uncles, aunts, nephews, and nieces. These are the relatives who cannot inherit from the testator's will if they are within the fourth degree of the confessor priest. If the confessor has relatives who are more distantly related — beyond the fourth degree — those individuals are not disqualified by this provision. The incapacity is therefore limited to a defined circle of family members, not the priest's entire family tree.
Other categories who cannot inherit
Article 1027 lists four additional categories beyond the confessor and his connected parties. Guardians are disqualified with respect to bequests given by their ward before the guardianship accounts are approved, with an exception for bequests to a guardian who is an ascendant, descendant, sibling, or spouse. Attesting witnesses to the will, along with their spouses, parents, and children, are disqualified. Physicians, surgeons, nurses, health officers, and druggists who cared for the testator during the last illness are disqualified. And individuals, associations, and corporations not permitted by law to inherit are also barred. Each category targets a person in a position of influence or trust during the testator's vulnerable final period.
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 →