In an eight-page resolution, the SC’s first division held that its May 2000 decision still stands in view of the fact that Erlinda did not raise new arguments that could make them change their mind, not to mention Potenciano’s death last June 28.
"The issues raised by Erlinda in her motion for reconsideration are mere reiterations of her arguments that have been resolved in the decision. In view whereof, we deny Erlinda’s motion," it stated.
The SC added: "At any rate, the case has been rendered moot by the death of subject (Potenciano). Let his soul rest in peace and his survivors continue the much prolonged fracas ex a quo et bono."
Justice Bernardo Pardo, who penned the resolution, upheld the decision he wrote earlier that no courts can force spouses to live together since this prerogative only belongs to them, which is obviously a domestic matter.
"Marriage is definitely for two loving adults who view the relationship with respect, sacrifice and a continuing commitment to togetherness, conscious of its value as a sublime social institution," he emphasized.
"No court is empowered to compel a husband to live with his wife. Coverture cannot be enforced by compulsion. That is a matter beyond judicial authority and is best left to the man and woman’s free choice," Pardo added.
The SC ruling reversed the August 1999 decision of the Court of Appeals which granted Erlinda "visitation rights" to her husband, a known Marcos crony as well as former president and chairman of the board of the Baguio City Country Club.
Mrs. Ilusorio’s daughters, with whom she has a feud, Ma. Erlinda Bildner and Sylvia Ilusorio, elevated the CA ruling to the SC. They sought to bar their mother from having custody and visitation rights over their father.
Mr. Ilusorio, a close associate of the late strongman, is estimated to have had a net worth of some P2 billion. His assets are said to be the bone of contention in the custody battle.
He had been married to Erlinda for 30 years when they separated in 1972 for undisclosed reasons. – Delon Porcalla