CHI MING TSOI V. CA

FACTS

Gina and Chi Ming Tsoi were married on May 22, 1988. According to Gina, since the time of their marriage, they never had a sexual intercourse. They underwent medical examinations. She was found healthy & normal. Chi Ming underwent medication which was confidential.
She claims that her husband’s a homosexual who married her to maintain his residency status and to prove that he is really a man. Chi Ming claims that it is Gina who refuses to have sexual intercourse. Gina filed a petition for declaration of nullity of marriage on the ground of Chi Ming’s psychological incapacity. New medical examination proved that Chi Ming is capable of having sexual intercourse. Lower court & CA declared Alfonso as psychologically incapacitated to discharge essential marital obligations due to his reluctance or unwillingness to consummate marriage.

ISSUE

WON Chi Ming is psychologically incapable?

HELD

Yes. Granted. Marriage void.

RATIO:
No intercourse since marriage. Chi Ming should have discussed the problem with his wife if she indeed refused to have sexual intercourse with him. Or he could have resorted to the court if she still resisted.

1. Senseless & protracted refusal is equivalent to psychological incapacity.
2. Procreation is one of the essential marital obligations and constant non-fulfillment of such will destroy marriage.
3. Filipinas are modest, Leni would have not subjected herself to such public scrutiny if she was just making this up.

Chi Ming’s reluctance & unwillingness to perform sexual acts with a wife he claims he loves dearly, proves that this is a hopeless situation & of his serious personality disorder. Grave enough