Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
Persons Digest

Persons Digest

Ratings: (0)|Views: 16|Likes:
Published by Tey Torrente

More info:

Published by: Tey Torrente on Aug 17, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

07/09/2013

pdf

text

original

 
TSOI
 
vs
 
CA
 
(BASAHIN
 
NIYO
 
FULL
 
TEXT
 
NITO
 
PLEEEASE!
 
HAHA.
 
MAHAL
 
KO
 
NA
 
SI
 
JUSTICE
 
TORRES!)
 
Facts:
 
Petitioner
 
Chi
 
ming
 
Tsoi
 
married
 
private
 
respondent
 
Gina
 
Lao
 
on
 
May
 
22,
 
1988.
 
 
They
 
had
 
their
 
honeymoon
 
in
 
Baguio,
 
but
 
the
 
petitioner
 
invited
 
their
 
parents
 
to
 
come
 
with
 
them
 
 
They
 
have
 
never
 
engaged
 
in
 
a
 
sexual
 
intercourse
 
and
 
have
 
never
 
seen
 
their
 
private
 
parts
 
They
 
submitted
 
themselves
 
for
 
a
 
medical
 
examination
 
to
 
Dr.
 
Eufemio
 
Macalalag
 
(a
 
urologist)
 
 
Gina
 
Lao
Tsoi
 
was
 
found
 
out
 
to
 
be
 
healthy,
 
normal
 
and
 
still
 
a
 
virgin
 
 
The
 
results
 
of 
 
Chi
 
Ming
 
Tsoi
 
was
 
undisclosed
 
and
 
kept
 
confidential
 
 
The
 
husband
 
was
 
given
 
prescriptions
 
(also
 
confidential)
 
and
 
was
 
asked
 
to
 
return
 
but
 
never
 
did
 
Gina
 
Lao
Tsoi
 
petitioned
 
for
 
annulment
 
of 
 
their
 
marriage
 
on
 
the
 
ground
 
of 
 
psychological
 
incapacity.
 
She
 
claims
 
that:
 
 
her
 
husband
 
is
 
impotent
 
and
 
that
 
he
 
is
 
a
 
“closet
 
homosexual”
 
for
 
he
 
has
 
never
 
shown
 
his
 
penis
 
 
she
 
had
 
observed
 
his
 
husband
 
using
 
his
 
mother’s
 
eyebrow
 
pencil
 
(oha
 
landi
 
ni
 
kuya)
 
and
 
cleansing
 
cream.
 
 
he
 
only
 
married
 
her
 
to
 
acquire
 
and
 
maintain
 
his
 
residency
 
status
 
here
 
in
 
the
 
Philippines
 
and
 
to
 
publicly
 
maintain
 
the
 
appearance
 
of 
 
a
 
normal
 
man
 
On
 
the
 
other
 
hand,
 
Chi
 
Ming
 
Tsoi
 
does
 
not
 
want
 
their
 
marriage
 
to
 
be
 
annulled
 
for
 
the
 
reasons:
 
 
he
 
loves
 
her
 
very
 
much
 
 
he
 
is
 
physically
 
or
 
psychologically
 
capable
 
 
they
 
can
 
still
 
reconcile
 
their
 
differences
 
for
 
their
 
marriage
 
is
 
still
 
very
 
young
 
The
 
husband
 
admitted
 
that
 
there
 
was
 
never
 
a
 
sexual
 
contact
 
between
 
them,
 
but
 
according
 
to
 
him,
 
whenever
 
he
 
tries
 
to
 
have
 
sex
 
with
 
her,
 
she
 
always
 
stopped
 
him
 
There
 
are
 
two
 
reasons,
 
according
 
to
 
him,
 
why
 
her
 
wife
 
filed
 
this
 
case
 
against
 
him
 
1.
 
she
 
is
 
afraid
 
that
 
she
 
will
 
be
 
forced
 
to
 
return
 
the
 
pieces
 
of 
 
 jewelries
 
of 
 
his
 
mother
 
2.
 
that
 
he
 
will
 
consummate
 
their
 
marriage
 
He
 
then
 
had
 
a
 
physical
 
examination
 
with
 
Dr.
 
Alteza.
 
Results:
 
 
he
 
is
 
not
 
impotent
 
 
he
 
is
 
capable
 
of 
 
erection
 
 
from
 
original
 
size
 
of 
 
2
 
inches,
 
his
 
penis
 
lengthened
 
by
 
1
 
inch
 
and
 
1
 
centimeter
 
upon
 
erection
 
 
capable
 
of 
 
having
 
sexual
 
intercourse
 
The
 
lower
 
court
 
declared
 
their
 
marriage
 
as
 
Void
 
and
 
the
 
Court
 
of 
 
Appeals
 
affirmed
 
this
 
decision.
 
 
Hence,
 
this
 
appeal.
 
Issue
:
 
W/N
 
Chi
 
Ming
 
Tsoi
 
is
 
psychologically
 
incapacitated
 
because
 
of 
 
his
 
refusal
 
to
 
have
 
sexual
 
intercourse
 
with
 
his
 
wife.
 
Held
:
 
The
 
SC
 
held
 
that
 
his
 
refusal
 
to
 
engage
 
in
 
a
 
sexual
 
intercourse
 
with
 
his
 
wife
 
constitutes
 
a
 
psychological
 
incapacity
 
on
 
his
 
part.
 
(Kailangan
 
ko
 
i
quote
 
ang
 
SC
 
nakakatuwa
 
yung
 
ruling
 
eh)
 
Evidently,
 
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.
 
Senseless
 
and
 
protracted
 
refusal
 
to
 
have
 
sex
 
with
 
your
 
wife
 
is
 
equivalent
 
to
 
psychological
 
incapacity.
 
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.”
 
When
 
a
 
spouse
 
constantly
 
refuses
 
to
 
have
 
sex
 
and
 
to
 
procreate,
 
it
 
will
 
utterly
 
destroy
 
the
 
marriage.
 
Sabi
 
nga
 
ni
 
Justice
 
Torres,
 
“Love
 
is
 
useless
 
unless
 
it
 
is
 
shared
 
with
 
another.”
 
The
 
SC
 
affirms
 
the
 
decision
 
of 
 
the
 
CA
 
and
 
denies
 
Chi
 
Ming
 
Tsoi’s
 
appeal.
 
 
Republic
 
vs.
 
Nolasco
 
Facts:
 
Gregorio
 
Nolasco
 
is
 
a
 
seaman
 
and
 
he
 
met
 
Janet
 
Monica
 
Parker
 
in
 
a
 
bar
 
in
 
Liverpool
,
 
England.
 
She
 
lived
 
with
 
him
 
on
 
his
 
ship
 
for
 
6
 
months
 
until
 
they
 
returned
 
to
 
his
 
house
 
in
 
Antique.
 
They
 
got
 
married
 
on
 
Jan15,
 
1982.
 
(Without
 
knowing
 
the
 
personal
 
background
 
of 
 
Janet)
 
Nolasco
 
had
 
another
 
contract
 
and
 
boarded
 
the
 
ship
 
after
 
their
 
marriage.
 
In
 
Jan.
 
1983,
 
he
 
received
 
a
 
letter
 
from
 
his
 
mother
 
saying
 
that
 
Janet
 
gave
 
birth
 
to
 
their
 
son
 
and
 
left
 
Antique.
 
He
 
asked
 
permission
 
to
 
leave,
 
but
 
he
 
arrived
 
in
 
Antique
 
in
 
Nov.1983
 
On
 
Aug.5
 
1988,
 
Nolasco
 
petitioned
 
for
 
the
 
declaration
 
of 
 
presumptive
 
death
 
of 
 
Janet,
 
invoking
 
Art.41
 
Upon
 
trial,
 
he
 
said
 
that
 
to
 
find
 
Janet:
 
 
he
 
got
 
another
 
contract
 
to
 
board
 
the
 
ship
 
and
 
went
 
to
 
London
.
 
 
He
 
asked
 
their
 
common
 
acquaintances
 
about
 
Janet
 
and
 
where
 
he
 
could
 
find
 
her,
 
but
 
no
 
one
 
could
 
tell
 
 
He
 
wrote
 
letters
 
addressed
 
to
 
the
 
bar
 
where
 
they
 
met
 
but
 
the
 
letters
 
were
 
all
 
returned
 
to
 
him
 
He
 
claims
 
that
 
he
 
has
 
done
 
everything
 
to
 
find
 
Janet.
 
The
 
lower
 
court
 
granted
 
the
 
petition
 
and
 
the
 
CA
 
affirmed
 
it.
 
The
 
Solicitor
General
 
appeals
 
on
 
the
 
grounds
 
that
 
Nolasco
 
has
 
not
 
presented
 
one
 
of 
 
the
 
requisites
 
for
 
the
 
declaration
 
of 
 
presumptive
 
death
 
which
 
is
 
a
 
“well
founded
 
belief”
 
that
 
Janet
 
is
 
dead.
 
Issue:
 
W/N
 
the
 
respondent
 
has
 
a
 
well
founded
 
belief 
 
that
 
his
 
wife
 
is
 
dead.
 
Held:
 
NONE.
 
The
 
SC
 
said
 
that
 
Nolasco
 
failed
 
to
 
searh
 
for
 
his
 
missing
 
wife
 
as
 
to
 
give
 
rise
 
to
 
a
 
well
founded
 
belief.
 
The
 
SC
 
did
 
not
 
believe
 
that
 
he
 
has
 
no
 
information
 
regarding
 
the
 
personal
 
background
 
of 
 
Janet
 
even
 
after
 
they
 
got
 
married.
 
The
 
SC
 
also
 
did
 
not
 
believe
 
that
 
he
 
has
 
lost
 
all
 
the
 
letters
 
that
 
were
 
returned
 
to
 
him.
 
The
 
SC
 
also
 
pointed
 
out
 
they
 
cannot
 
accept
 
his
 
mistake
 
of 
 
thinking
 
London
 
is
 
the
 
same
 
as
 
Liverpool.
 
(Because
 
he
 
said
 
that
 
he
 
went
 
to
 
London
 
to
 
look
 
for
 
her)
 
Lastly,
 
he
 
failed
 
to
 
explain
 
why
 
he
 
did
 
not
 
ask
 
help
 
from
 
the
 
British
 
Embassy
 
or
 
to
 
the
 
police
 
or
 
other
 
authorities
 
in
 
London
 
and
 
Liverpool
 
to
 
find
 
his
 
wife.
 
The
 
SC
 
nullified
 
the
 
decision
 
of 
 
the
 
CA
 
in
 
declaring
 
the
 
presumptive
 
death
 
of 
 
Janet.
 

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->