Dear PAO,

I was diagnosed with stage 4 breast cancer.My oncologist, Dr. Van, has been treating me for the past eight months.However, when I woke up the other day, I felt like my body was giving up.Since I don’t have a spouse or child, and my parents are already dead, I want to make a last will and testament distributing my estate to my siblings.I also want to show my gratitude to Dr. Van by giving him a parcel of land in Baguio City. Can I bequeath the said parcel of land to Dr. Van?

Flor

Dear Flor,

According to Article 842 of the New Civil Code of the Philippines, a person may dispose of all his estate or any part of it in favor of any person having the capacity to succeed, subject to the rights of compulsory heirs, if any.

Compulsory heirs include legitimate children and legitimate descendants.In case the decedent has no child or descendant, the legitimate parents and ascendants are considered the compulsory heirs. It also includes the widow or widower and illegitimate children.

In your case, since you don’t have a spouse or child and considering that your parents had already passed away, you may not have any compulsory heir.Thus, you may distribute all of your estate or any part of it in favor of any person having the capacity to succeed.

However, the question now is: Can you name Dr. Van as one of your heirs in your last will?The answer to your question can be found in Article 1027 (5) of the New Civil Code of the Philippines, which states that:

ARTICLE 1027. The following are incapable of succeeding: x x x

“(5) Any physician, surgeon, nurse, health officer or druggist who took care of the testator during his last illness;”

It is clear from the above-quoted provision that the physician who took care of the person during the latter’s last illness is incapacitated to inherit from the testator through a last will and testament. The rationale for this provision is to avoid any undue influence over the testator concerning the disposition of his or her assets in a last will and testament.

In your case, given your failing health and the physician-patient relationship between you and Dr. Van, you may not name him in your last will and testament as the one who will inherit your parcel of land located in Baguio City.He may be deemed disqualified or incapable of succeeding from you as he appears to be in charge of your medical treatment.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions forChief Acosta may be sent to [email protected]