LAWRENCE T.

BULLANDAY 16 AUGUST 2017

CHI MING TSOI vs. COURT OF APPEALS and GINA LAO-TSOI

G.R. No. 119190, January 16, 1997

FACTS:
Chi Ming Tsoi and Gina Lao got married in 1988. They lived together
in the house of Chi Ming Tsois mother. After 10 months of living together,
Gina Lao-Tsoi filed a case for the annulment of their marriage on the ground
of psychological incapacity. During the trial, it was established that Chi Ming
Tsoi and Gina Lao-Tsoi had no sexual intercourse despite living together as
husband and wife for ten months nor did they see each others private parts.
When submitted for examinations, Gina was declared a virgin while Chi Ming
was declared potent and capable of erection despite the fact that the latters
penis measured only 2 inches, and 3 inches in its full length.

Gina claimed that their marriage be annulled because Chi Ming was
psychologically incapacitated for his failure to consummate their marriage by
refusing to have sexual congress with her. On rebuttal, Chi Ming claimed that
there is no psychological incapacity for their differences can still be
reconciled and cured through medical technology and science.

The Regional Trial Court of Quezon City decreed the annulment of the
marriage on the ground of psychological incapacity. When appealed, the
Court of Appeals affirmed. Hence, this petition.

ISSUE:
Whether refusal to have sexual intercourse with your spouse
constitutes psychological incapacity which is a ground for annulment of
marriage

RULING:
Yes. The Supreme Court held that the prolonged refusal of a spouse
to have sexual intercourse with his or her spouse is considered a sign of
psychological incapacity.

Article 36 of the Family Code provides that marriage contracted by any

party who was psychologically incapacitated to comply with the essential
marital obligations of marriage shall be void. One of the essential marital
obligations under the Family Code is "To procreate children based on the
universal principle that procreation of children through sexual cooperation is
the basic end of marriage." Constant non-fulfillment of this obligation will
finally destroy the integrity or wholeness of the marriage.

In the case at bar, the senseless and protracted refusal of one of the
parties to fulfill the above marital obligation is equivalent to psychological
incapacity.

Thus, the marriage between Chi Ming and Gina was declared void by
the Supreme Court.