Dear Atty. Angela,

I have been married to my husband for 40 years and he is now 75 years old. He recently became sickly and needs supervision in taking his medicines. However, he does not want to go home to me and prefers staying elsewhere. I know I have a duty and responsibility to care for him but I couldn't do that if he doesn't reside with me. Can I file a petition for habeas corpus to take custody of my husband?

Rina

Dear Rina,

No, you cannot compel your husband to reside with you by filing a petition for habeas corpus.

A writ of habeas corpus is directed to cases of illegal confinement or detention, 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. Here, there is no actual detention or deprivation of his liberty to justify the issuance of a writ.

The issue here is his choice of residence and the people he opts to live with. With his full mental capacity and his right of choice, your husband may not be compelled against his free choice. Otherwise, he will be deprived of his right to privacy.

In a similar case of Ilusorio v. Bildner, G.R. 139789 (2000), the Supreme Court stated that 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 process. That is a matter beyond judicial authority and is best left to the man and woman's free choice.

I hope to have enlightened you on the matter.

Atty. Angela Antonio