CHI MING TSOI VS.

CA,
266 SCRA 324
JANUARY 16, 1997

CASE BRIEF
 FACTS
On May 22, 1988, Gina Lao married to Chi
Ming Tsoi. Since their marriage until their
separation on March 15, 1989, there was no
sexual contact between them. Gina filed a
case of annulment of marriage on the ground
of psychological incapacity with the RTC of
Quezon City. The RTC granted annulment
which was affirmed by the CA.
 ISSUE

Is the failure of the husband to have sexual

intercourse with his wife from the time of
the marriage until their separation on March
15, 1989 a ground for psychological
incapacity?
 RULING
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. “

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