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.

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.