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CHI MING TSOI v. CA and Gina Lao-Tsoi her husband which was also kept confidential.

husband which was also kept confidential. No treatment was given to her. For
January 16, 1997 | Torres, Jr., J. | Reproduction her husband, he was asked by the doctor to return but he never did.
Digester: Santos, Ihna  Gina now claims, that Chi is impotent and a closet homosexual as he did not show
his penis. She said, that she had observed the defendant using an eyebrow pencil
SUMMARY: Gina Lao-Tsoi sought to annul her marriage to Chi Ming Tsoi on the and sometimes the cleansing cream of his mother. According to her, the defendant
ground of psychological incapacity. She testified that since their wedding until the time married her, a Filipino citizen, to acquire or maintain his residency status here in
of their separation, they had never had sexual intercourse. Chi Ming Tsoi opposed the the country and to publicly maintain the appearance of a normal man.
action, presenting a medical report stating that he was not impotent, and was capable of  On the other hand, Chi claims that if their marriage shall be annulled by reason of
having an erection. He admitted that he did not have sexual relations with his wife after psychological incapacity, the fault lies with his wife. He admitted that since their
almost 10 months of cohabitation, and it appears that he is not suffering from any marriage and until their separation, there was no sexual contact between them. But,
physical disability. TC and the CA held that the marriage was void. SC affirmed these the reason for this was that every time he wants to have sexual intercourse with her,
and held that the annulment was valid. The senseless and protracted refusal of Chi Ming she always avoided him and whenever he caresses her private parts, she always
Tsoi to fulfill his marital obligation to his wife is equivalent to psychological incapacity. removed his hands. He claims that he forced his wife to have sex with him once
DOCTRINE: One of the essential marital obligations under the Family Code is “To but he did not continue because she was shaking, so he stopped.
procreate children based on the universal principle that procreation of children through  Chi submitted himself to a physical examination. His penis was examined by Dr.
sexual cooperation is the basic end of marriage.” Constant non-fulfillment of this Sergio Alteza, Jr., for the purpose of finding out whether he is impotent. The
obligation will finally destroy the integrity or wholeness of the marriage. Doctor’s Medical Report stated that there is no evidence of impotency and he is
Sexual intimacy is a gift and a participation in the mystery of creation. It is a function capable of erection.
which enlivens the hope of procreation and ensures the continuation of family relations.  The doctor said that he asked Chi to masturbate to find out whether or not he has
an erection and he found out that from the original size of 2 inches, or 5
FACTS: centimeters, the penis of Chi lengthened by 1 inch and 1 centimeter. Dr. Alteza said
 May 22, 1988 – Gina and Chi Ming Tsoi were married at the Manila Cathedral, that Chi had only a soft erection which is why his penis is not in its full length. But,
Intramuros, Manila. he still is capable of further erection and that with his soft erection, he is capable of
 After the celebration of their marriage and wedding reception, they slept together having sexual intercourse with a woman.
on the same bed in the same room for the first night of their marriage life.  The trial court their marriage void, and the CA affirmed this decision. Hence, this
However, contrary to Gina’s expectations, that as newlyweds they were supposed petition.
to enjoy making love, or having sexual intercourse, with each other, Chi just went
to bed, slept on one side thereof, then turned his back and went to sleep. There was RULING: Petition denied. CA decision affirmed.
no sexual intercourse between them during the first night. The same thing
happened on the second, third and fourth nights. Whether the marriage should be void on the ground of one party’s (Chi’s)
 In an effort to have their honeymoon in a private place, they went to Baguio City psychological incapacity – YES.
and stayed there for 4 days. But, they did so together with Gina’s mother, an uncle, [Procedural]
Chi Ming Tsoi’s mother and his nephew. They were all invited by the Chi to join  Chi contends that:
them. During this period, there was no sexual intercourse between them, since Chi o being the plaintiff in the first civil case, Gina has the burden of
avoided her by taking a long walk during siesta time or by just sleeping on a rocking proving the allegations in her complaint
chair located at the living room. o since there was no independent evidence to prove the alleged non-
 They slept together in the same room and on the same bed since May 22, 1988 coitus between the parties, there remains no other basis for the
until March 15, 1989. But during this period, there was no attempt of sexual court’s conclusion except his admission
intercourse between them. Gina claims that she did not even see her husband’s o that the conclusion drawn by the trial court on the admissions and
private parts nor did he see hers. confessions of the parties in their pleadings and in the course of the
 Because of this, they submitted themselves for medical examinations to Dr. trial is misplaced since it could have been a product of collusion
Eufemio Macalalag, a urologist at the Chinese General Hospital. The results of o in actions for annulment of marriage, the material facts alleged in the
their physical examinations were that Gina is healthy, normal and still a virgin, complaint shall always be proved
while that of her husband’s examination was kept confidential up to this time.
While no medicine was prescribed for her, the doctor prescribed medications for Judgment on pleadings
 Section 1, Rule 19, ROC: Judgment on the pleadings.—Where an answer fails to tender have sex with his wife; that the reason for private respondent’s refusal may not be
an issue, or otherwise admits the material allegations of the adverse party’s psychological but physical disorder.
pleading, the court may, on motion of that party, direct judgment on such pleading.  SC: Assuming it to be so, Chi could have discussed with his wife or asked her what
But in actions for annulment of marriage or for legal separation the material facts is ailing her, and why she balks and avoids him every time he wanted to have sexual
alleged in the complaint shall always be proved. intercourse with her. He never did. At least, there is nothing in the record to show
 SC: The foregoing provision pertains to a judgment on the pleadings. What said that he had tried to find out or discover what the problem with his wife could be.
provision seeks to prevent is annulment of marriage without trial. The assailed What he presented in evidence is his doctor’s Medical Report that there is no
decision was not based on such a judgment on the pleadings. When Gina testified evidence of his impotency and he is capable of erection. Since it is his claim that the
under oath before the trial court and was cross-examined by oath before the trial reason is not psychological but perhaps physical disorder on the part of his wife, it
court and was cross-examined by the adverse party, she thereby presented evidence became incumbent upon him to prove such a claim.
in the form of a testimony. After such evidence was presented, it became  If a spouse, although physically capable but simply refuses to perform his or her
incumbent upon Chi to present his side. He admitted that since their marriage on essential marriage obligations, and the refusal is senseless and constant, Catholic
May 22, 1988, until their separation on March 15, 1989, there was no sexual marriage tribunals attribute the causes to psychological incapacity than to stubborn
intercourse between them. refusal. Senseless and protracted refusal is equivalent to psychological incapacity.
Thus, the prolonged refusal of a spouse to have sexual intercourse with his or
Collusion her spouse is considered a sign of psychological incapacity.
 To prevent collusion between the parties is the reason why the Civil Code provides  Evidently, one of the essential marital obligations under the Family Code is
that no judgment annulling a marriage shall be promulgated upon a stipulation of “To procreate children based on the universal principle that procreation of
facts or by confession of judgment (Arts. 88 and 101 [par. 2]) and the ROC children through sexual cooperation is the basic end of marriage.” Constant
prohibit such annulment without trial (Sec. 1, Rule 19). nonfulfillment of this obligation will finally destroy the integrity or wholeness of
 The case has reached SC because Chi does not want their marriage to be annulled. the marriage. In the case at bar, the senseless and protracted refusal of one of the
This only shows that there is no collusion between the parties. When Chi admitted parties to fulfill the above marital obligation is equivalent to psychological
that he and his wife have never had sexual contact with each other, he must have incapacity.
been only telling the truth.
Why marriage should be void
Refusal to have sex  While the law provides that the husband and the wife are obliged to live together,
 Chi contends that CA erred in holding that the alleged refusal of both the parties to observe mutual love, respect and fidelity (Art. 68, Family Code), the sanction
have sex with each other constitutes psychological incapacity of both. He points therefor is actually the “spontaneous, mutual affection between husband and wife
out as error the failure of the trial court to make “a categorical finding about the and not any legal mandate or court order” (Cuaderno vs. Cuaderno).
alleged psychological incapacity and an in-depth analysis of the reasons for such  In the natural order, it is sexual intimacy which brings spouses wholeness and
refusal which may not be necessarily due to psychological disorders” because there oneness. Sexual intimacy is a gift and a participation in the mystery of
might have been other reasons, —i.e., physical disorders, such as aches, pains or creation. It is a function which enlivens the hope of procreation and ensures
other discomforts, —why Gina would not want to have sexual intercourse within the continuation of family relations.
the 10 months they were together.  It appears that there is absence of empathy between the spouses That is—a shared
 SC: Neither the trial court nor the CA made a finding on who between the spouses feeling which between husband and wife must be experienced not only by having
refuses to have sexual contact with the other. The fact remains, however, that there spontaneous sexual intimacy but a deep sense of spiritual communion.
has never been coitus between them. At any rate, since the action to declare the  SC, finding the gravity of the failed relationship in which the parties found
marriage void may be filed by either party, i.e., even the psychologically themselves trapped in its mire of of unfulfilled vows and unconsummated marital
incapacitated, the question of who refuses to have sex with the other becomes obligations, can do no less but sustain the studied judgment of CA.
immaterial.

Psychological incpacity
 Chi claims that there is no independent evidence on record to show that any of the
parties is suffering from psychological incapacity. He also claims that he wanted to