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    Chi Ming Tsoi Vs Court of Appeals and Gina Lao

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    Eis Pattad Mallonga
    This document summarizes a court case from the Supreme Court of the Philippines regarding the annulment of the marriage between Chi Ming Tsoi and Gina Lao-Tsoi. Gina filed for annulment on the grounds of psychological incapacity, arguing that Chi Ming was impotent and refused to have sexual intercourse with her during their marriage. The court upheld the lower courts' rulings, finding that Chi Ming's prolonged refusal to have sex constituted psychological incapacity, as it was a failure to fulfill an essential marital obligation. The Supreme Court affirmed the annulment of the marriage.

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    Chi Ming Tsoi Vs Court of Appeals and Gina Lao

    Uploaded by

    Eis Pattad Mallonga
    180 views1 page
    This document summarizes a court case from the Supreme Court of the Philippines regarding the annulment of the marriage between Chi Ming Tsoi and Gina Lao-Tsoi. Gina filed for annulment on the grounds of psychological incapacity, arguing that Chi Ming was impotent and refused to have sexual intercourse with her during their marriage. The court upheld the lower courts' rulings, finding that Chi Ming's prolonged refusal to have sex constituted psychological incapacity, as it was a failure to fulfill an essential marital obligation. The Supreme Court affirmed the annulment of the marriage.

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    case invoking the PI Clause

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    Chi Ming Tsoi vs Court of Appeals and Gina Lao

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    This document summarizes a court case from the Supreme Court of the Philippines regarding the annulment of the marriage between Chi Ming Tsoi and Gina Lao-Tsoi. Gina filed for annulment on the grounds of psychological incapacity, arguing that Chi Ming was impotent and refused to have sexual intercourse with her during their marriage. The court upheld the lower courts' rulings, finding that Chi Ming's prolonged refusal to have sex constituted psychological incapacity, as it was a failure to fulfill an essential marital obligation. The Supreme Court affirmed the annulment of the marriage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    180 views1 page

    Chi Ming Tsoi Vs Court of Appeals and Gina Lao

    Uploaded by

    Eis Pattad Mallonga
    This document summarizes a court case from the Supreme Court of the Philippines regarding the annulment of the marriage between Chi Ming Tsoi and Gina Lao-Tsoi. Gina filed for annulment on the grounds of psychological incapacity, arguing that Chi Ming was impotent and refused to have sexual intercourse with her during their marriage. The court upheld the lower courts' rulings, finding that Chi Ming's prolonged refusal to have sex constituted psychological incapacity, as it was a failure to fulfill an essential marital obligation. The Supreme Court affirmed the annulment of the marriage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Chi Ming Tsoi vs Court of Appeals and Gina Lao-Tsoi, G.R. No.

    119190, January 16, 1997


    I. Facts The respondent, Gina Lao-Tsoi married the petitioner, Chi Ming Tsoi on May 22, 1988 at Manila
    Cathedral, Intramuros Manila as evidenced by their Marriage Certificate. After the celebration of their
    wedding at South Villa, Makati, they went and proceeded to the house of petitioner's mother. They slept
    together on the same bed in the same room for the first night of their married life. Contrary to Gina's
    expectations, the newlyweds were to enjoy making love or having sexual intercourse with each other, the
    petitioner just went to bed, slept on one side thereof, then turned his back and went to sleep. No sexual
    intercourse occurred during their first night, second, third and fourth night. From May 22, 1988 until March
    15, 1989, they slept together in the same room and on the same bed but during this period, there was no
    attempt of sexual intercourse between them. A case was then filed to declare the annulment of the
    marriage on the ground of psychological incapacity. Gina alleged that Chi Ming was impotent and and a
    closet homosexual as he did not show him his penis. According to her, the petitioner married her, a
    Filipino citizen, to acquire or maintain his residency status here in the country and to publicly maintain the
    appearance of a normal man. The respondent is not willing to reconcile with her husband. On the other
    hand, the petitioner claimed that if they marriage will be annuled by reason of psychological incapacity,
    the fault lies with his wife. Petitioner admitted that no sexual contact was ever made and according to him
    everytime he wanted to have sexual intercourse with his wife, she always avoided him. The defendant
    insisted that their marriage will remain void because they are still young and there is still a chance to
    overcome their indifferences. The RTC granted the annulment which was affirmed by the Court of
    Appeals.
    II. Issue Is the refusal of Chi Ming Tsoi to have sexual intercourse with his wife constitutes psychological
    incapacity?
    III. Ruling If a spouse, although physically capable but simply refuses to peform his or her essential
    marital obligations, and the refusal is senseless and constant, Catholic marriage tribunals attribute the
    causes to psycohological incapacity that 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. Evidently, one of the
    essential marital oblgations under the Family Code is To procreate children based on he universal
    principle that procreation of children through sexual cooperation is the basic end of marriage. Constantly
    non-fulfillment of this obligation will finally destroy the integrity of wholeness of the marriage. In the case
    at bar, the senseless and protracted refusal of one of the parties to fulfill the above marital obligation is
    equivalent to psychological incapacity. Judgment AFFIRMED.

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