NENITA BIENVENIDO, petitioner v.
HON. COURT OF APPEALS, LUISITA CAMACHO and
LUIS FAUSTINO C. CAMACHO, respondents.
G.R. No. 111717. October 24, 1994.
FACTS:
On October 3, 1942, Aurelio Camacho married Consejo Velasco. Twenty years after, without his marriage being dissolved, he contracted another marriage with respondent Luisita Camacho. In 1967, Aurelio met petitioner Nenita Bienvenido, who he lived with from 1968 until at the time of his death in 1989. Sometime in 1982, Aurelio bought a house and lot which was registered in his name. 2 years after, he executed a deed of sale of the property in favor of petitioner Nenita, the TCT was issued in her name. After the death of Aurelio, respondent brought a petition before the RTC seeking the annulment of the sale of the property of petitioner. Petitioner answered and claimed that she and Aurelio purchased the property in question using their joint funds and that she was a purchaser in good faith.
ISSUE:
Whether or not the marriage between Aurelio and Luisita is void.
HELD:
That exception involved by respondent in accordance with Art. 83 of the NCC refers to the subsequent marriage of the abandoned spouse and not the remarriage of the deserting spouse, after the seven year period has lapsed; That this exception cannot be invoked because it was Aurelio who had left his first wife. Since Aurelio had a valid, subsisting marriage to Consejo, his subsequent marriage to respondent Luisita was void for being bigamous. There is no basis for holding that the property in question was property of the conjugal partnership of Luisita and Aurelio because there was no such partnership in the first place. Until otherwise shown in an appropriate action, the sale to petitioner must be presumed.
