Chi Ming Tsoi vs CA and Gina Lao-Tsoi

G. R. No. 119190
January 16, 1997

Facts

Chi Ming Tsoi and Gina Lao Tsoi was married in 1988. 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.
The result of the physical examination of Gina was disclosed, while that of the husband was kept
confidential even the medicine prescribed. 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 want their marriage declared void on the ground of psychological incapacity. On the
other 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 no evidence of impotency and he is capable of erection. The RTC
rendered a decision declaring the marriage void and it was affirmed by the CA.

Issue : Whether or not Chi Ming Tsoi’s refusal to have sexual intercourse with his wife constitutes
psychological incapacity.

Held

The abnormal reluctance or unwillingness to consummate his marriage is strongly indicative of a serious
personality disorder which to the mind of the Supreme Court clearly demonstrates an utter insensitivity or
inability to give meaning and significance to the marriage within the meaning of Article 36 of the Family
Code.
If a spouse, although physically capable but simply refuses to perform his or her essential marital
obligations and the refusal is senseless and constant, Catholic marriage tribunals attribute the causes to
psychological incapacity than to stubborn refusal. Furthermore, one of the essential marital obligations
under the Family Code is to procreate children thus constant non-fulfillment of this obligation will finally
destroy the integrity and wholeness of the marriage.