Dear PAO,
I am in a difficult situation and I need legal advice. I recently discovered that my husband has a mistress. He is trying to force me out of our condominium unit. My question is simple: What should I do? Should I just leave and let him live there with his mistress? Or can I require them to leave because I am the legal wife? The problem is that the condo is registered solely in his name. He never transferred the title to include my name.
I need to know my rights. I feel like I should not be the one to leave, but I am not sure whether I have the power to evict them. Please give me a clear answer. Can I go back to the condo and stay there? If I do that, can he call the police against me?
Mitsuha Yamano
Dear Ms. Yamano,
Republic Act (RA) 9262, or the Anti-Violence Against Women and Their Children Act of 2004, provides remedies for women victims of domestic violence, the purpose of which “prevents further acts of violence against the victim, safeguards them from harm, minimizes disruptions in their life and helps regain control over their life.” (Ruiz vs. AAA GR 231619, 15 Nov. 2021; Ponente: Senior Associate Justice Marvic M.V.F. Leonen) Section 8 of RA 9262 provides that a woman may apply for a protection order, which not only covers prevention of a respondent from threatening to commit or committing, personally or through another, acts of violence, but also to direct the respondent to do or desist from doing certain acts:
“SECTION 8. Protection Orders. — A protection order is an order issued under this Act for the purpose of preventing further acts of violence against a woman or her child specified in Section 5 of this Act and granting other necessary relief. The relief granted under a protection order should serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim’s daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life. The provisions of the protection order shall be enforced by law enforcement agencies. The protection orders that may be issued under this Act are the barangay protection order, temporary protection order and permanent protection order. The protection orders that may be issued under this Act shall include any, some or all of the following reliefs: xxx
“d. Directing the respondent to stay away from petitioner and designated family or household member at a distance specified by the court, and to stay away from the residence, school, place of employment, or any specified place frequented by the petitioner and any designated family or household member; xxx”
In your case, the infidelity of your partner, not to mention the threat to unhouse you from your home may be considered a form of domestic violence, which is covered by the law’s definition of psychological violence, if done with intent to cause mental or emotional anguish, public ridicule or humiliation to you, as his wife. (XXX264870 vs. People, GR 264870, 21 April 2025; Ponente: Senior Associate Justice Marvic M.V.F. Leonen).
This means that you are not helpless. The law gives you a specific remedy: a protection order. Once you apply for one — either through the barangay or the PNP Women’s and Children’s Desk — the court or barangay can direct your husband to stay away from the condo and allow you to stay there, even if the title is in his name alone. You do not need to wait until you are on the street; the protection order is designed to prevent further harm and disruption to your life.
You may go to the barangay hall or the nearest police station. Tell them you are a legal wife being unlawfully ejected from the conjugal dwelling, which causes psychological abuse or violence to you. Ask for assistance in applying for a protection order. If issued, such an order will give you the legal backing to have your husband and his other woman removed from your condo. Do not let the fact that the title is in his name stop you — your right as a wife to be secure in your home is protected by law.
We hope that we were able to answer your queries. This advice is solely based 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 for Chief Acosta may be sent to dearpao@manilatimes.net.
