Chi Ming Choi vs.

Court of Appeals, 78 SCAD 57, 266 SCRA 324

FACTS:

On May 22, 1988, Gina Lao married Chi Ming Tsoi. Since their marriage until their separation on
March 15, 1989, there was no sexual contact between them. Gina filed a case of annulment of
marriage on the ground of psychological incapacity with the RTC of Quezon City. RTC granted
the annulment which was affirmed by the CA.

ISSUE:

Whether or not the failure of the husband to have sexual intercourse with his wife from the
time of the marriage celebration until their separation a ground for psychological incapacity.

RULING:

Yes. 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."
Senseless, protracted refusal of one of the parties to fulfill the above marital obligation is
equivalent to psychological incapacity.