FER GRACE CATAYLO NIAGA JD I

CHI MING TSOI vs COURT OF APPEALS AND LAO-TSOI

(GR No. 119190, JANUARY 16, 1997)

FACTS:
Chi Ming Tsoi and Gina Lao-Tsoi got married in 1988. They lived
together in the house of Chi Ming Tsoi’s 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
other’s private parts.
When submitted for examinations, Gina Lao-Tsoi was declared a
virgin while Chi Ming was declared potent and capable of erection despite
the fact that the latter’s penis measured only 2 inches, and 3 inches in its full
length. Gina Lao-Tsoi claimed that their marriage be annulled because Chi
Ming was psychologically incapacitated for his failure to consummate their
marriage by refusing to have sexual intimacy 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 Tsoi and Gina Lao-Tsoi was
declared void by the Supreme Court.
The petition is DENIED.