Chi-Ming Tsoi vs Gina Lao – Case Digest G.R. №119190 January 16, 1997

Chi-Ming Tsoi vs Gina Lao Case Digest GR NO 119190

TORRES, JR., J.:


Man has not invented a reliable compass by which to steer a marriage in its journey over troubled waters. Laws are seemingly inadequate. Over time, much reliance has been placed in the works of the unseen hand of Him who created all things.

Facts

The couple got married on May 22, 1988. No sexual intercourse took place between Chi-Ming Tsoi and Gina Lao from May 22, 1988, until March 15, 1989. Because of this, they both submitted themselves for medical examinations.

The results came. Gina was found normal, healthy, and still a virgin. However, the result of Chi-Ming Tsoi’s medical exam was kept secret.

Gina claims, that the Chi Ming Tsoi is impotent. Additionally, he is a homosexual. Furthermore, the defendant married her, a Filipino citizen, to acquire or maintain his residency status here in the country. So, she doesn’t want to reconcile with her husband.

On the other hand, Chi-Ming Tsoi claims that they have not had intercourse since their marriage until their separation because his wife avoided him. He added that his wife filed this case against him because she is afraid that she will be forced to return the pieces of jewelry of his mother, and, that the defendant, will consummate their marriage.

Issue

Whether or not a refusal to consummate the marriage is a sign of psychological incapacity and ground for marriage nullification.

Ruling

Yes, refusal to consummate the marriage is equivalent to psychological incapacity.

Chi-Ming Tsoi admitted that he did not have sexual intercourse with his wife after almost ten months of cohabitation. Also, it appears that he is not suffering from any physical disability. Such abnormal reluctance or unwillingness to consummate his marriage is strongly indicative of a serious personality disorder. which to the mind of the 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 of the Philippines.

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.”

The senseless and protracted refusal of one of the parties to fulfill the above marital obligation is equivalent to psychological incapacity.

The decision of the Court of Appeals upheld the annulment of their marriage. The petition of Chi Ming Tsoi is Denied.

Sexual intimacy is a gift and participation in the mystery of creation. In addition, It is a function that enlivens the hope of procreation and ensures the continuation of family relations.


Chi-Ming Tsoi vs Gina Lao Case Digest GR NO 119190

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