BIENVENIDO vs. CA (GR No.

111717)
24 OCT 1994 | MENDOZA, J.

FACTS
1. 3 OCT 1942, AURELIO CAMACHO, petitioner married CONSEJO VELASCO.
2. 6 FEB 1962, without his marriage being dissolved, he married respondent LUISITA
CAMACHO in Tokyo, Japan.
3. During AURELIO & LUISITAs marriage, there where instances where one or the other
left their house for long periods of time because of quarrels.
4. 1967, AURELIO met petitioner, NENITA BIENVENIDO who he lived with until his death on
1988.
5. Sometime in 1982, AURELIO bought a house and lot registered to his name
6. 11 JAN 1985, he sold and transferred ownership of the land in favor of the petitioner.
7. After the death of AURELIO, respondent filed a petition for annulment of sale.
8. In her answer, she claimed that she and AURELIO purchased the property in question
using their joint funds.

ISSUE:
Whether or not the marriage between AURELIO & LUISITA is void, YES

HELD:
1. The exception involved by respondent in accordance with NCC 83 refers to the
subsequent marriage of the abandoned spouse and not the remarriage of the deserting
spouse, after seven (7) year period had lapsed, cannot be invoked because it was
AURELIO who had left his 1st wife.
2. Since AURELIO had a subsisting valid marriage with CONSEJO, his subsequent marriage
to respondent LUISITA was void for being bigamous.
3. There is no basis for holding that property in question was property of the conjugal
partnership of AURELIO & LUISITA as there was no partnership in the first place.