Chi Ming Tsoi vs CA

G.R. No. 119190 January 16, 1997

CHI MING TSOI, petitioner, 

vs.

COURT OF APPEALS and GINA LAO-TSOI, respondents

Facts:

Chi Ming Tsoi married Gina Lao Tsoi on May 22, 1988 at the Manila Cathedral Inramuros, Manila. After the celebration of their wedding, they proceed to the house of defendant’s mother.  There was no sexual intercourse between them during their first night and same thing happened until their fourth night.  In an effort to have their honeymoon in a private place, they went to Baguio but Gina’s relatives went with them.  Again, there was no sexual intercourse since the defendant avoided by taking a long walk during siesta or sleeping on a rocking chair at the living room.  Since May 1988 until March 1989 they slept together in the same bed but no attempt of sexual intercourse between them. Because of this, they submitted themselves for medical examination to a urologist in Chinese General Hospital in 1989.  

There were allegations that the reason why Chi Ming Tsoi married her is to maintain his residency status here in the country.  Gina does not want to reconcile with Chi Ming Tsoi and hand, the latter does not want to have their marriage annulled because he loves her very much, he has no defect on his part and is physically and psychologically capable and since their relationship is still young, they can still overcome their differences. 

Chi Ming Tsoi submitted himself to another physical examination and the result was there is not evidence of impotency and he is capable of erection. Dr. Sergio Alteza examined the penis of Mr. Ching that he asked the defendant to masturbate to find out whether or not he has an erection and he found out that from the original size of two (2) inches the penis of the defendant lengthened by one (1) inch and one centimeter. So the defendant had only a soft erection which is why his penis is not in its full length. But, still is capable of further erection, in that with his soft erection, the defendant is capable of having sexual intercourse with a woman.

Issues:

Whether Chi Ming Tsoi’s refusal to have sexual intercourse with his wife constitutes psychological incapacity.

Held:

The Supreme Court affirmed the decisions of the trial court and Court of Appeals in rendering as VOID the marriage entered into by Ching and Gina on May 22, 1988. On 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.

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