7/26/2019 Chi Ming Tsoi v CA Digest2

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Chi Ming Tsoi v. Court of Appeals

G.R. No. 119190

January 16, 199

FACTS!"n May ##, 19$$, private respon%ent Gina &oi an% herein petitioner Chi Ming Tsoi got

'arrie% at the Manila Cathe%ral. "n the night of their honey'oon, 'u(h to the )ife*s %isappoint'ent,

herein petitioner +ust slept, turne% his a(- on her, an% faile% to (onsu''ate their love (ontrary fro' a

typi(al ne)ly)e%*s first night.

Moreover, respon%ent (lai'e% that fro' May ##, 19$$ until Mar(h 1, 19$9 of (ohaitation, herein

petitioner faile% to sho) any interest to perfor' se/ual inter(ourse )ith her.

The respon%ent then file% a (ase for the nullity of her 'arriage to herein petitioner on the groun% of

psy(hologi(al in(apa(ity. Respon%ent allege% that her husan% )as i'potent an% a (loset ho'ose/ual

an% that she ha% never seen her husan%*s penis %uring the ti'e of their (ohaitation. Though a%'itting

that they have never (onsu''ate% their love, the petitioner (lai'e% that there )as a(tually a series ofse/ual atte'pts on his en% ut the herein respon%ent ha% (onstantly refuse% to %o so.

The t)o su'itte% the'selves for 'e%i(al e/a'ination an% the results presente% that the respon%ent)as still a virgin an% that the petitioner is potent an% (apale of ere(tion.

RTC hel% that the 'arriage et)een respon%ent Gina &ao an% petitioner Chi Ming Tsoi is voi% on the

groun% of psy(hologi(al in(apa(ity. Thus, this appeal.

ISSUE! hether or not the refusal of the petitioner to have se/ )ith the respon%ent (onstitutes apsy(hologi(al in(apa(ity.

RULING! es. The (ourt rule% that the refusal the petitioner to perfor' a se/ual inter(ourse )ith his

)ife is e2uivalent to psy(hologi(al in(apa(ity.

As e/pressly provi%e% in the 3a'ily Co%e, the en% of 'arriage is 4To pro(reate (hil%ren5through

se/ual (ooperation.4 This eing sai%, the failure to (onsu''ate su(h 'arital oligation through

(onstant refusal (onstitutes psy(hologi(al in(apa(ity as also attriute% y the Catholi( 'arriage

triunals.Moreover, love is useless unless it is share% )ith another. n%ee%, no 'an is an islan%7 the (ruelest a(t

of a partner in 'arriage is to say 4 (oul% not have (are% less.4 This is so e(ause an ungiven self is an

unfulfille% self.

n the natural or%er, it is se/ual inti'a(y )hi(h rings spouses )holeness an% oneness. 8e/ual inti'a(y

is a fun(tion )hi(h enlivens the hope of pro(reation an% ensures the (ontinuation of fa'ily relations.

The assaile% %e(ision of the Court of Appeals %ate% Nove'er #9, 199 is herey A33RM:; in all

respe(ts an% the petition is herey ;:N:; for la(- of 'erit.