Chi Ming Tsoi v CA and

Gina Lao-Tsoi
G.R. No. and date: 119190; January 16, 1997

Ponente: Torres, JR.,J

Legal Doctrine: Civil Law; Family code:

Marriage
 FACTS
1
Chi Ming Tsoi, the petitioner, married Gina Lao Choi, the respondent,
at the Manila Cathedral on May 22, 1988. They separated on March 15,
1989, after only 10 months of marriage, still, no sexual intercourse
occurred.

On their first night of marriage, they slept on the same bed, but no
sexual intercourse occurred. To spend more private time together, they
spent their honeymoon in Baguio on their first week of marriage, and in
those four nights, still no consummation occurred.

They submitted themselves for medical examinations on a general

hospital on January 20, 1989, the respondent, Gina Choi, was found
healthy, normal and still a virgin. The husband’s results were kept
confidential.
 FACTS
2
It is the claim of the defendant that if the marriage shall
be annulled because of psychological incapacity, it is the
fault of the plaintiff.

The defendant admitted that in their 10 months of marriage,

there had been no sexual contact between him and the
plaintiff. However, he tried to initiate intercourse and
made sexual advances, but the plaintiff always avoided him.
He claimed to have once forced her to have sex, but stopped
because she was shaking and seemed to not have liked it.
 FACTS
3
The defendant claimed that the plaintiff filed the case against him for
two reasons: 1) she is afraid to be forced to return his mother's
jewelry and that 2) he will consummate their marriage. The defendant
insisted

The defendant submitted himself to another physical exam for the

purpose of finding whether he is impotent or not.
 FACTS
4

The plaintiff claims that the defendant is

impotent, closet homosexual and according to
her the defendant married her to maintain
his residency in the country.
 FACTS
5
The defendant submitted himself to another physical
exam with Dr. Sergio Alteza, Jr. for the purpose of
finding whether he is impotent or not. Dr. Alteza
asked the defendant to masturbate, and found that
he is able to produce an erection, although soft,
but is capable of further erection and therefore
also capable of having sexual intercourse with a
woman.
 ISSUE

WHETHER OR NOT THE MARRIAGE SHOULD BE VOID

ON THE GROUNDS OF PSYCHOLOGICAL INCAPACITY
 RULING
YES
The Supreme Court, declared that one of the
essential marital obligations with the basis
of Article 68 under Family Code is "To
procreate children based on the universal
principle that procreation”. Therefore, the
supreme court ruled that Gina Lao and Chi
Ming Cho’s marriage should be null and void.