The price of infidelity

This is the case of Laura, an unfaithful wife who still wanted to share in the conjugal properties.

In 1933 Laura got married to Miguel. In 1939, Miguel filed an application for a homestead patent over several hectares of land they were occupying, and cultivating. He described himself in the application as “married to Laura”. Sometime in 1942 however, while his application for a homestead patent was still pending, Laura abandoned Miguel and their three daughters, to live with another man. Later, Laura had adulterous relations with still a second man by whom she begot 11 children. Since Laura abandoned him and their children, Miguel had not heard from her or even cared to know her whereabouts. To him Laura was already “dead”.

It was during his estrangement from Laura when Miguel’s homestead application was finally granted in 1953. The original certificate of title over the homestead was issued in favor of Miguel, who described himself as a “widower”.

Twelve years later, Miguel died. Soon after his death, Laura reappeared and tried to assert her conjugal rights as the surviving wife of Miguel. After abandoning Miguel during his lifetime to live with other men, Laura had the gall to go to the Land Registration Court and filed a motion praying that the description in Miguel’s title be changed from “widower” to “married to Laura”. The daughters naturally opposed said motion. Could the title be changed as requested by Laura?

No. The change sought by Laura is not authorized by law. The amendment of a certificate of title is allowed under Sec. 112, Act 496 only if there is unanimity among the parties, or there is no adverse claim or serious objection on the part of any party in interest. In this case, the daughters of Miguel rejected and opposed the amendment. Hence the title cannot be simply amended. Laura has to file and prove her claim in the intestate proceedings (Sotto vs. Jarena 144 SCRA 116)

Unfaithfulness does not pay.

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Note: Books containing compilation of my articles on Labor Law and Criminal Law (Vols. I and II) are now available. Call tel. 7249445.

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