Chi Ming Tsoi vs Court of Appeals and Gina
Lao Tsoi
G.R. No. 119190 Jan. 16, 1997
Facts:
Chi Ming
Tsoi and Gina Lao married sometime on May 22, 1988. However, since their
marriage and cohabitation for 10 months, the wife stated that there was no
sexual interaction between them. This claim was also affirmed by the husband.
Frustrated, Gina filed an annulment case against her husband on the ground of
psychological incapacity for being unable to fulfill the basic marital
obligations. RTC granted the annulment and was also affirmed by the CA. Hence,
the petition.
Issue:
Whether or
not the inability of the husband to have sexual intercourse with his wife for
more than 10 months constitute a ground for annulment by reason of
psychological incapacity.
Ruling:
One of the
basic 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 and wholeness of the marriage. Sexual intimacy is a gift and a
participation in the mystery of creation.
The
prolonged and senseless refusal of the husband to fulfill such marital
obligation is equivalent to psychological incapacity.
Hereby, SC
affirmed CA’s ruling.