Remedial Law

In the Matter of the Petition for Habeas Corpus of Potenciano Ilusorio; Erlinda Ilusorio vs. Erlinda Ilusorio-Bildner (2001)

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G.R. No. 139789 – 413 Phil. 754 – 361 SCRA 427 – Remedial Law – Special Proceedings – Rule 102; Petition for Habeas Corpus – Death of the subject person renders the petition for writ of habeas corpus moot and academic

From the 12 May 2000 Decision of the Supreme Court, Erlinda Ilusorio filed a motion for reconsideration arguing that under Article XII of the 1987 Constitution and Articles 68 and 69 of the Family Code, spouses are duty-bound to live together and care for each other.

ISSUE: Whether or not the 12 May 2000 Decision should be reversed.

HELD: No. Firstly, Potenciano Ilusorio died pending this case. His death renders the issue moot and academic. Secondly, though the law provides that the husband and the wife are obliged to live together, observe mutual love, respect and fidelity, violations thereof cannot be sanctioned by courts. The sanction therefor is the “spontaneous, mutual affection between husband and wife and not any legal mandate or court order” to enforce consortium.

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