4/20/23, 2:35 PM DIGEST: Chi Ming Tsoi v.

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WRITTEN BY N.M.P.MAY 4, 2019MAY 4, 2019

DIGEST: Chi Ming Tsoi v. CA

Civil Law | Family Code | Annulment of Marriage | Psychological Incapacity
See full text here (https://www.lawphil.net/judjuris/juri1997/jan1997/gr_119190_1997.html)

Petitioner: Chi Ming Tsoi

Respondents: Court of Appeals and Gina Lao-Tsoi
266 SCRA 324
G.R. No. 119190
January 16, 1997
Ponente: Torres, J.R., J.

FACTS:

Petitioner and private respondent were married on May 22, 1988. On the first night of their married life
where they were supposed to make love as newlyweds, petitioner instead  went to bed and slept.
Contrary to the expectations of the wife, no sexual intercourse between them occurred during the first
night. The same thing happened on the second, third and fourth nights. In an effort to have their
honeymoon in a private place, they went to Baguio City, but they did so together with some of their
relatives who were all invited by the husband to join them. During the period of their stay in Baguio no
sexual intercourse between them took place. They slept together in the same bed since the day of their
marriage until March 15, 198; however during this period, no attempt to consummate the marriage was
made. Private respondent claims that she did not even see her husband’s private parts nor did he see
hers. Not willing to reconcile with him, she sought for the annulment of their marriage on the ground of
psychological incapacity on the part of her husband.

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ISSUE:

Whether or not the husband’s refusal to consummate the marriage constitutes psychological incapacity.

RULING:

Yes.

The Court ruled that “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. Reiterating the trial court’s ruling, the Court stated
that the admission that the husband, who does not appear to be suffering from any physical disability, is
reluctant or unwilling to perform the sexual act with his wife after ten months of cohabitation, is
indicative of a hopeless situation and of a serious personality disorder that constitutes psychological
incapacity to discharge the basic marital covenants within the contemplation of the Family Code.

 
POSTED IN CASE DIGESTS, CIVIL LAW.TAGGED CIVIL LAW, FAMILY CODE OF THE PHILIPPINES,
PSYCHOLOGICAL INCAPACITY.

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