Bienvenido vs CA

FACTS: Deceased Aurelio Camacho married Luisita Camacho while still married to
Consuelo Velasco. He had then another relationship with Nenita Bienvenido with whom
he bought a house on Delgado St. where they have been leaving for the past 14 years.
Upon death of of Aurelio, Luisita is contending that the house belongs to her since it is
conjugal property.
ISSUE: WON Luisita has rights to the property
HELD: No Art 83 of NCC provides that if person has been absent for 7 years the absent
spouse is presumed to be dead. However cannot be invoked in this case since it was
Aurelio who actually left Luisita. First exception refers to subsequent marriage of
abandoned spouse and not remaining of deserting spouse. Art 739 of NCC declares
donations made between persons who are guilty of adultery or concubinage at the time of
the donation shall be void. Can only be brought by the innocent spouse perhaps by the
first wife but not Luisita. Property belongs to Nenita who properly showed she paid for
the house with Aurelio