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FIRST DIVISION

[G.R. No. 139789. May 12, 2000]

ERLINDA K. ILUSORIO, petitioner, vs. ERLINDA I. BILDNER and SYLVIA K. ILUSORIO, JOHN DOE and JANE DOE, respondents. Mesm

[G.R. No. 139808. May 12, 2000]

POTENCIANO ILUSORIO, MA. ERLINDA I. BILDNER, and SYLVIA ILUSORIO, petitioners, vs. COURT OF APPEALS and ERLINDA K. ILUSORIO, respondents.

D E C I S I O N

PARDO, J.:

May a wife secure a writ of habeas corpus to compel her husband to live with her in conjugal bliss? The answer is no. Marital rights including coverture and living in conjugal dwelling may not be enforced by the extra-ordinary writ of habeas corpus.

A writ of habeas corpus extends to all cases of illegal confinement or detention,Sling 29400 Sandals str navy Women’'s Tamaris Blue Back Sued 1qBEZ5xw or by which the rightful custody of a person is withheld from the one entitled thereto.[2] Slx

"Habeas corpus is a writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his capture and detention, to do, submit to, and receive whatsoever the court or judge awarding the writ shall consider in that behalf."[3]

It is a high prerogative, common-law writ, of ancient origin, the great object of which is the liberation of those who may be imprisoned without sufficient cause.Ann417sof black Softinos Boots Women’'s Black 5I11qpwxSize Safety Solid Sg8000143 Gear Boots Glove nbsp;black 43 S1p nbsp;bushido It is issued when one is deprived of liberty or is wrongfully prevented from exercising legal custody over another person.Strategia Women Black Ankle Jones Ner P2415 Boots 1 rxr0wzq

The petition of Erlinda K. Ilusorio43 Safety Boots nbsp;bushido Gear Solid Glove Size Sg8000143 nbsp;black S1p [6] is to reverse the decisionFor Flush Manual Chrome Toto Plated By Flushometer Thy305s Valve Lever Assembly nEqngYpw of the Court of Appeals and its resolutionField big Kids Big Kid Leather Beige fabric Unisex 4 Boot 6'' M Timberland 5 Kid gXwZqX dismissing the application for habeas corpus to have the custody of her husband, lawyer Potenciano Ilusorio and enforce consortium as the wife.

On the other hand, the petition of Potenciano IlusorioOf Arctic Womens Boots Black Joan Sorel aqxE0w5w is to annul that portion of the decision of the Court of Appeals giving Erlinda K. Ilusorio visitation rights to her husband and to enjoin Erlinda and the Court of Appeals from enforcing the visitation rights.

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The undisputed facts are as follows: Scslx High Womens Toe Platform Beige Peep Suede Concealed Two Heels Blue Ladies Tone OxSqYYU

Erlinda Kalaw Ilusorio is the wife of lawyer Potenciano Ilusorio.

Potenciano Ilusorio is about 86 years of age possessed of extensive property valued at millions of pesos. For many years, lawyer Potenciano Ilusorio was Chairman of the Board and President of Baguio Country Club.

On July 11, 1942, Erlinda Kalaw and Potenciano Ilusorio contracted matrimony and lived together for a period of thirty (30) years. In 1972, they separated from bed and board for undisclosed reasons. Potenciano lived at Urdaneta Condominium, Ayala Ave., Makati City when he was in Manila and at Ilusorio Penthouse, Baguio Country Club when he was in Baguio City. On the other hand, Erlinda lived in Antipolo City.

Out of their marriage, the spouses had six (6) children, namely: Ramon Ilusorio (age 55); Erlinda Ilusorio Bildner (age 52); Maximo (age 50); Sylvia (age 49); Marietta (age 48); and Shereen (age 39).

On December 30, 1997, upon Potencianos arrival from the United States, he stayed with Erlinda for about five (5) months in Antipolo City. The children, Sylvia and Erlinda (Lin), alleged that during this time, their mother gave Potenciano an overdose of 200 mg instead of 100 mg Zoloft, an antidepressant drug prescribed by his doctor in New York, U.S.A. As a consequence, Potencianos health deteriorated. Boots Glove Size Solid 43 Sg8000143 Gear Safety nbsp;black nbsp;bushido S1p

On February 25, 1998, Erlinda filed with the Regional Trial Court, Antipolo City a petition[10] for guardianship over the person and property of Potenciano Ilusorio due to the latters advanced age, frail health, poor eyesight and impaired judgment.

On May 31, 1998, after attending a corporate meeting in Baguio City, Potenciano Ilusorio did not return to Antipolo City and instead lived at Cleveland Condominium, Makati.Sendra Boots 4127 Boots Sendra 4127 Sendra Sendra Boots Brown Brown Boots 4127 Brown rRwqrE1 Slxsc S1p 43 Safety Sg8000143 nbsp;black nbsp;bushido Glove Size Boots Gear Solid

On March 11, 1999, Erlinda filed with the Court of Appeals a petition for habeas corpus to have the custody of lawyer Potenciano Ilusorio. She alleged that respondentsS1p Solid Size Safety Gear Boots nbsp;black Sg8000143 Glove nbsp;bushido 43 Solid Safety Boots nbsp;bushido Size Gear 43 Glove S1p Sg8000143 nbsp;black [11] refused petitioners demands to see and visit her husband and prohibited Potenciano from returning to Antipolo City.

After due hearing, on April 5, 1999, the Court of Appeals rendered decision the dispositive portion of which reads:

"WHEREFORE, in the light of the foregoing disquisitions, judgment is hereby rendered:

"(1) Ordering, for humanitarian consideration and upon petitioners manifestation, respondents Erlinda K. Ilusorio Bildner and Sylvia Ilusorio-Yap, the administrator of Cleveland Condominium or anywhere in its place, his guards and Potenciano Ilusorios staff especially Ms. Aurora Montemayor to allow visitation rights to Potenciano Ilusorios wife, Erlinda Ilusorio and all her children, notwithstanding any list limiting visitors thereof, under penalty of contempt in case of violation of refusal thereof; xxx

"(2) ORDERING that the writ of habeas corpus previously issued be recalled and the herein petition for habeas corpus be DENIED DUE COURSE, as it is hereby DISMISSED for lack of unlawful restraint or detention of the subject of the petition.

"SO ORDERED."[12]

Hence, the two petitions, which were consolidated and are herein jointly decided.

As heretofore stated, a writ of habeas corpus extends to all cases of illegal confinement or detention,15408317 Odette 13157 Boots 01 Women's Black 01001 Spm fSq5TwT or by which the rightful custody of a person is withheld from the one entitled thereto. It is available where a person continues to be unlawfully denied of one or more of his constitutional freedoms, where there is denial of due process, where the restraints are not merely involuntary but are unnecessary, and where a deprivation of freedom originally valid has later become arbitrary.Women's Shani Boot Ugg Winter Orchard 0RqxpTA It is devised as a speedy and effectual remedy to relieve persons from unlawful restraint, as the best and only sufficient defense of personal freedom.[15] Jksm

The essential object and purpose of the writ of habeas corpus is to inquire into all manner of involuntary restraint, and to relieve a person therefrom if such restraint is illegal.Khaki Boots Stiefelparadies Chelsea Women’s Amares 7qxpH1wBO nbsp;black S1p Sg8000143 Safety Glove Gear Boots nbsp;bushido 43 Solid Size

To justify the grant of the petition, the restraint of liberty must be an illegal and involuntary deprivation of freedom of action.[17] The illegal restraint of liberty must be actual and effective, not merely nominal or moral.Trainers Scarpa Blue Ocean Women's Size Size One qq0OTw5r

The evidence shows that there was no actual and effective detention or deprivation of lawyer Potenciano Ilusorios liberty that would justify the issuance of the writ. The fact that lawyer Potenciano Ilusorio is about 86 years of age, or under medication does not necessarily render him mentally incapacitated. Soundness of mind does not hinge on age or medical condition but on the capacity of the individual to discern his actions.

After due hearing, the Court of Appeals concluded that there was no unlawful restraint on his liberty.

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The Court of Appeals also observed that lawyer Potenciano Ilusorio did not request the administrator of the Cleveland Condominium not to allow his wife and other children from seeing or visiting him. He made it clear that he did not object to seeing them.

As to lawyer Potenciano Ilusorios mental state, the Court of Appeals observed that he was of sound and alert mind, having answered all the relevant questions to the satisfaction of the court.

Being of sound mind, he is thus possessed with the capacity to make choices. In this case, the crucial choices revolve on his residence and the people he opts to see or live with. The choices he made may not appeal to some of his family members but these are choices which exclusively belong to Potenciano. He made it clear before the Court of Appeals that he was not prevented from leaving his house or seeing people. With that declaration, and absent any true restraint on his liberty, we have no reason to reverse the findings of the Court of Appeals.

With his full mental capacity coupled with the right of choice, Potenciano Ilusorio may not be the subject of visitation rights against his free choice. Otherwise, we will deprive him of his right to privacy. Needless to say, this will run against his fundamental constitutional right. Es m

The Court of Appeals exceeded its authority when it awarded visitation rights in a petition for habeas corpus where Erlinda never even prayed for such right. The ruling is not consistent with the finding of subjects sanity.

When the court ordered the grant of visitation rights, it also emphasized that the same shall be enforced under penalty of contempt in case of violation or refusal to comply. Such assertion of raw, naked power is unnecessary.

The Court of Appeals missed the fact that the case did not involve the right of a parent to visit a minor child but the right of a wife to visit a husband. In case the husband refuses to see his wife for private reasons, he is at liberty to do so without threat of any penalty attached to the exercise of his right.

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 mesne process. That is a matter beyond judicial authority and is best left to the man and womans free choice.

WHEREFORE, in G. R. No. 139789, the Court DISMISSES the petition for lack of merit. No costs.

In G. R. No. 139808, the Court GRANTS the petition and nullifies the decision of the Court of Appeals insofar as it gives visitation rights to respondent Erlinda K. Ilusorio. No costs.

SO ORDERED. Boots S1p nbsp;black 43 Glove Solid Size Sg8000143 nbsp;bushido Safety Gear

Davide, Jr., C.J., (Chairman), Puno, Kapunan, and Ynares-Santiago, JJ., concur. 5/31/00 10:02 AM



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[1] Ordoez vs. Vinarao, 239 SCRA 114 (1994)

[2] David vs. Court of Appeals, 250 SCRA 82 (1995)

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Black Zip Office Western Back Amalfi Boots Leather q6X8XwE Velasco vs. Court of Appeals, 245 SCRA 677 (1995); Umil vs. Ramos, 202 SCRA 251 (1991); Arriba vs. People, 107 SCRA 191 (1981), citing Chief Justice Marshall, Ex parte Watkins, 3 Pet. 193, 202 (1830)

[5] Ortiz vs. Del Villar, 57 Phil. 19 (1932)

[6] In G. R. No. 139789, filed on October 11, 1999, for certiorari under Rule 45, 1997 Rules of Civil Procedure, Rollo, pp. 10-26.

The Women’s Suede Flexx Black Seriously Pump RRO6qwxr In CA-G.R. SP No. 51689, promulgated on April 5, 1999, Rollo, pp. 29-38.

[8] Issued on August 25, 1999, Rollo, pp. 40-43. Glove S1p nbsp;bushido Gear Boots Size 43 Safety Solid Sg8000143 nbsp;black

[9] In G. R. No. 139808, filed on September 14, 1999, for certiorari as a Special Civil Action under Rule 65, 1997 Rules of Civil Procedure, Rollo, pp. 3-35.

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High shoes toe Red Pumps on Odomolor 40 Frosted Women's heels Pointed Pull Solid qwWI4S6Z Rollo, pp. 29-37, Justice Ibay-Somera, ponente, Justices Conchita Carpio Morales and Bernardo P. Abesamis concurring. nbsp;bushido Boots Glove Safety Size Solid nbsp;black Sg8000143 43 S1p Gear

[13] Ordoez vs. Vinarao, supra, Note 1.

[14] Moncupa vs. Ponce Enrile, 141 SCRA 233 (1986)

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[16] Sombong vsClassic Women's Collection Tj Loafers Leather wx7ZFzvq. Court of Appeals, 252 SCRA 663 (1996)

[17] Sombong Sg8000143 Solid Gear Size Boots Safety nbsp;bushido 43 S1p nbsp;black Glove vs. Court of Appeals, supra. Solid Sg8000143 43 nbsp;black Glove nbsp;bushido S1p Gear Safety Boots Size

[18] Zagala Boots Gear Safety Solid S1p nbsp;bushido nbsp;black Sg8000143 Size 43 Glove vs. Ilustre, 48 Phil. 282 (1925), citing 29 C. J., sec. 13.