Chi Ming Tsoi v. CA, G.R. No. 119190, Jan. 16, 1997

Facts: Ching married Gina on May 22, 1988 at the Manila Cathedral, Intramuros, Manila. After the celebration and reception,  they proceeded to the house of the Ching Ming Tsoi’s mother. There they slept together on the same bed in the same room for the first night of their married life but nothing happened, contrary to what she expected. The same happened to the subsequent nights. In an effort to have their honey moon in a private place where they can enjoy together during their first week as husband and wife they went to Baguio City. But Ching brought along his mother, uncle and nephew. During the time they were in Baguio, still no sexual intercourse happened because Ching avoided her by taking a long walk during siesta time or by just sleeping on a rocking chair located at the living room. They slept together in the same room and on the same bed for 10 months but they never had sex. Gina claims that she did not even see her husband’s private parts nor did he see hers. Because of this, they submitted themselves for medical examinations to Dr. Eufemio Macalalag. Results showed that Gina is healthy, normal and still a virgin while Ching’s examination was kept confidential. Gina claims that her husband is impotent, a closet homosexual (she has seen him using an eyebrow pencil and sometimes the cleansing cream of his mother), and only married her to acquire or maintain his residency status here in the country and to publicly maintain the appearance of a normal man. Ching denied the allegations. He claimed that if their marriage shall be annulled by reason of psychological incapacity, the fault lies with Gina. He does not want their marriage annulled because he loves her very much, he has no defect on his part and he is physically and psychologically capable, and whatever differences they have are reconcilable and curable. Ching admitted that they haven’t had sexual intercourse yet but it was because of Gina’s refusal and whenever he caresses her private parts, she always removed his hands.

ISSUE: Whether or not Ching is psychologically incapacitated to comply with the essential marital obligations of marriage

RULING: The Supreme Court affirmed the decisions of the trial court and Court of Appeals in rendering as VOID the marriage entered into by Ching and Gina on May 22, 1988. 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 Supreme Court held that the prolonged refusal of a spouse to have sexual intercourse with his or her spouse is considered a sign of psychological incapacity.