G.R. No. 139789 - Ilusorio vs. Bildner

Erlinda Kalaw and Potenciano Ilusorio contracted marriage on July 11, 1942, and lived together for 30 years before separating in 1972.
Potenciano Ilusorio, then aged about 86, was President of the Baguio Country Club and owned multiple residences (Makati and Baguio); Erlinda resided in Antipolo.

The spouses had six children: Ramon (55), Erlinda “Lin” (52), Maximo (50), Sylvia (49), Marietta (48), and Shereen (39).
From December 30, 1997 to May 31, 1998, Potenciano stayed with Erlinda in Antipolo, during which his daughters alleged that Erlinda gave him an overdose of Zoloft, impairing his health.

February 25, 1998: Erlinda filed a petition for guardianship over Potenciano’s person and property in the RTC of Antipolo City.
May 31, 1998: Potenciano relocated to Makati’s Cleveland Condominium and Baguio, refusing to return to Antipolo.
March 11, 1999: Erlinda filed before the Court of Appeals a petition for writ of habeas corpus seeking custody of her husband and enforcement of consortium.
April 5, 1999: The Court of Appeals (CA-G.R. SP No. 51689) denied the habeas corpus petition for lack of unlawful restraint but awarded Erlinda visitation rights under penalty of contempt.
October 11, 1999 (G.R. No. 139789) and September 14, 1999 (G.R. No. 139808): Erlinda and Potenciano, respectively, filed separate petitions for certiorari with the Supreme Court, which were later consolidated.

Whether a writ of habeas corpus may be used by a wife to compel her husband to live with her and enforce marital consortium.
Whether the Court of Appeals properly granted visitation rights to the wife in a habeas corpus proceeding when no actual detention or restraint of the husband was shown.