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Ilusorio vs Ilusorio Issues:

G.R. No. 139789 1. Whether habeas corpus may be availed by Erlinda
July 19, 2001 to compel Potenciano to live with her in conjugal bliss?

Facts:  2. How about the issue of visitation rights?

This is a consolidated case of the following:

1. Petitioner (P) Erlinda Ilusorio seeks to reverse the Decision:

Decision of the CA dismissing her application for
habeas corpus to have the custody of her husband,
lawyer Potenciano Ilusorio (Respondent, “R” for
brevity) and enforce consortium.
2. Potenciano filed a petition to annul the portion of
the Decision of the CA giving visitation rights her wife
Erlinda to her.
Potenciano is about 86 years of age, possessed extensive
properties valued at millions of pesos.
He was, for many years, the Chairman of the Board and
President of Baguio Country Club.
Erlinda and Potenciano are married couple but they
separated from bed and board for undisclosed reasons.
They have six (6) children (co-respondents).
On December 30, 1997, Potenciano arrived coming from
USA here in the Philippines.
He stayed for five (5) months with Erlinda in Antipolo City.
The children, Sylvia and Erlinda, alleged that during such
time, Erlinda gave Potenciano an overdosed amount of
Zoloft (instead of 100mg, she gave 200mg);
1. Marital rights including overture and living in
conjugal dwelling may not be enforced by the extra-
ordinary writ of habeas corpus.
No court is empowered as a judicial authority to
compel a husband to live with his wife. Coverture
cannot be enforced by compulsion of a writ of habeas
corpus carried out by sheriffs or by any other
means process.
That is a matter beyond judicial authority and is best
left to the man and woman’s free choice.
2. CA exceeded its authority when it awarded
visitation rights in a petition for habeas corpus
because P never prayed for such right.
In this case, Potenciano was found to be of sound mind
and possesses the capacity to make own choices.
With his full mental capacity coupled with the right of
choice, Potenciano may not be the subject of visitation
rights against his free choice.
Otherwise, we will deprive him of his right to privacy.

thus, Potenciano’s health deteriorated.

On February 25, 1998, Erlinda filed with the RTC of

Antipolo a petition for Guardianship over the person and
property of Potenciano due to latters advanced age, frail
health, poor eyesight and impaired judgment.

On May 31, 1998, After attending a corporate meeting,

Potenciano did not return to his wife in Antipolo but rather
he went and lived at Makati with his children.

Because of such event, Erlinda filed a petition with the CA

for habeas corpus to have the custody of her lawyer
husband, Potenciano. CA denied such petition.