Conjugal share of unfaithful wife

Can a wife who has abandoned her husband and lived with other men still claim her share in the conjugal properties? This is answered in this case of Marissa.

Marissa has been married to Victor for six years when Victor filed an application for a homestead patent over several hectares of land they were occupying and cultivating. In his application, Victor described himself as “married to Marissa.” But after 9 years of marriage and while his application for a homestead patent was still pending, Marissa abandoned Victor and their three daughters. Since Marissa abandoned him and their children, Victor had not heard from her or even cared to know her whereabouts. To him Marissa was already “dead.” Unknown to Victor and their 3 daughters, Marissa had adulterous relations with other men. In fact she begot 11 children with the second man.

It was during his estrangement from Marissa when Victor’s homestead application was finally granted 14 years after he filed the application. The original certificate of title over the homestead was issued in favor of Victor, who described himself as a “widower.”

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

No. The change sought by Marissa 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 Victor rejected and opposed the amendment. Hence the title cannot be simply amended. The proper process is to institute the intestate proceedings of the estate of Victor where Marissa may file against its administrator the corresponding ordinary action to claim her alleged right over the lot in question (Sotto vs. Jarena 144 SCRA 116).

Unfaithfulness does not pay.

E-mail: [email protected]