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San Andres

Chi Ming Tsoi, Petitioner,

Court of Appeals and Gina Lao-Tsoi, Respondents.
Chi Ming Tsoi and Gina Lao Tsoi married in the month of May 1988. Gina alleges
that contrary to her expectations, they were supposed to enjoy making love, with each
other, the defendant just went to sleep. There was no sexual intercourse between them
during the first night. The same thing happened on the second, third and fourth nights.
In an effort to have their honeymoon, they went to Baguio City, but her husband invited
some of their family members as well, depriving them of their private time, and in those
days, there were still no intercourse between them. It went on for 10 months. Because
of it, they submitted themselves for examination. Gina was found to be of perfect health,
while her husbands findings were kept confidential. Gina alleges that her husband was
impotent, a closet homosexual, and only married her to acquire his residency status in
the country.
She filed for annulment of their marriage on the ground of psychological
incapacity before the RTC of Quezon City. Chi Ming Tsoi admitted that they have not
engaged in sexual contact, but opposes that the problem lies with him, but with his wife.
He submitted himself for physical examination and is pronounced that he was not
impotent and is capable of having sexual intercourse with a woman. After trial, the court
rendered that their marriage be declared void. On appeal, the CA ruled on the
affirmative. Hence, this instant petition.
Whether or not petitioners failure in engaging in sexual relations with his wife
constitutes psychological incapacity.
Yes. The judgment of the trial court which was affirmed by this Court is not based
on a stipulation of facts. The issue of whether or not the appellant is psychologically
incapacitated to discharge a basic marital obligation was resolved upon a review of both
the documentary and testimonial evidence on record. Appellant admitted that he did not
San Andres
have sexual relations with his wife after almost ten months of cohabitation, and 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.
If a spouse, although physically capable but simply refuses to perform his or her
essential marriage obligations, and the refusal is senseless and constant, Catholic
marriage tribunals attribute the causes to psychological incapacity than to stubborn
refusal. Senseless and protracted refusal is equivalent to psychological incapacity.
Thus, the prolonged refusal of a spouse to have sexual intercourse with his or her
spouse is considered a sign of psychological incapacity.