CHI MING TSOI V.

COURT OF APPEALS and GINA LAO-TSOI January 16,1997

FACTS:

Petitioner Chi Ming Tsoi and respondent Gina Lao-Tsoi, were married. On
their wedding night, respondent was expecting that they will have sexual
intercourse but the petitioner just slept. The same thing happened on the
subsequent nights, and for their honeymoon they went to Baguio City, respondent
expected that they will finally have the time to be alone and consummate the
marriage. But she did not expect that their relatives would be coming with them as
they were invited by herein petitioner Chi Ming Tsoi. Again, nothing happened
between the spouses while they were in Baguio. For 10 months, since the wedding
ceremony commenced, the marriage was never consummated. Hence, respondent
remained a virgin.

Respondent Gina Lao-Tsoi filed for nullity of marriage on the ground of

psychological incapacity of petitioner Chi Ming Tsoi for failure of execution of his
marital obligations. She contended that Chi Ming Tsoi is a homosexual closet, that
she saw him using an eyebrow pencil and the cleansing cream of his mother, and
that she never even saw his penis.

Petitioner appealed because he contended that he loves his wife and that if
theres any defect it still can be cured, hence, he submitted himself for medical
examination to prove he is not impotent. The result stated that he is not impotent
and he is capable of erection, so he is capable of having sexual intercourse with his
wife. But his wife does not want to reconcile.

ISSUE:

1. Whether or not petitioners non-consummation of marriage constitutes

psychologically incapacity

HELD:

Yes, petitioners non-consummation of marriage constitutes psychological

incapacity. Under the Family Code of the Philippines, one of the essential marital
obligations, is to procreate as it is the basic end of marriage. And non-fulfillment of
the marital obligation will 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 marital obligation is equivalent to psychological incapacity. And such
abnormal reluctance or unwillingness to consummate his marriage is strongly
indicative of a serious personality disorder, which is an utter insensitivity and
inability to give meaning and significance to the marriage within the meaning of the
Article 36 of the Family Code. Furthermore, the spouse is physically capable but still
refuses to perform his marital obligations and it is senseless and constant, the
Catholic marriage tribunals attribute it to psychological incapacity as well.
 Therefore, refusal to have sex is considered a sign of psychological
incapacity.