CHI MING TSOI vs. COURT OF APPEALS, GINA LAO-TSOI GR NO. 119190 January 16, 1997

CHI MING TSOI vs. COURT OF APPEALS, GINA LAO-TSOI
GR NO. 119190 January 16, 1997

FACTS: Ching married Gina on May 22, 1988 at the Manila Cathedral, Intramuros, Manila as evidenced by their marriage contract. After the celebration they had a reception and then 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.
Gina’s version: that contrary to her expectations that as newlyweds they were supposed to enjoy making love that night of their marriage, or having sexual intercourse, with each other, Ching however just went to bed, slept on one side and then turned his back and went to sleep. There was no sexual intercourse between them that night. The same thing happened on the second, third and fourth 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 they did so together with Ching’s mother, uncle and nephew as they were all invited by her husband. There was no sexual intercourse between them for four days in Baguio since 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 since May 22, 1988 (day of their marriage) until March 15, 1989 (ten months). But during this period there was no attempt of sexual intercourse between them. 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 were that Gina is healthy, normal and still a virgin while Ching’s examination was kept confidential up to this time.
The Gina claims that her husband is impotent, a closet homosexual as he did not show his penis. She said she had observed him using an eyebrow pencil and sometimes the cleansing cream of his mother. She also said her husband 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’s version: he claims that if their marriage shall be annulled by reason of psychological incapacity, the fault lies with Gina. He does not want their marriage annulled for reasons of (1) that he loves her very much (2) that he has no defect on his part and he is physically and psychologically capable (3) since the relationship is still very young and if there is any differences between the two of them, it can still be reconciled and that according to him, if either one of them has some incapabilities, there is no certainty that this will not be cured.
Ching admitted that since his marriage to Gina there was no sexual contact between them. But, the reason for this, according to the defendant, was that everytime he wants to have sexual intercourse with his wife, she always avoided him 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

HELD: 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. No costs.

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. If a spouse, although physically capable but simply refuses to perform his or her essential marriage obligations, and the refusal is senseless and constant, Catholic marriage tribunals attribute the causes to psychological incapacity than to stubborn refusal. Senseless and protracted refusal is equivalent to psychological incapacity.
One of the essential marital obligations under the Family Code is “to procreate children basedon the universal principle that procreation of children through sexual cooperation is the basic end of marriage.” Constant non-fulfillment of this obligation will finally destroy the integrity or wholeness of the marriage. In the case at bar, the senseless and protracted refusal of one of the parties to fulfill this marital obligation is equivalent to psychological incapacity.
While the law provides that the husband and the wife are obliged to live together, observer mutual love, respect and fidelity, the sanction therefore is actually the “spontaneous, mutual affection between husband and wife and not any legal mandate or court order (Cuaderno vs. Cuaderno, 120 Phil. 1298). Love is useless unless it is shared with another. Indeed, no man is an island, the cruelest act of a partner in marriage is to say “I could not have cared less.” This is so because an ungiven self is an unfulfilled self. The egoist has nothing but himself. In the natural order, it is sexual intimacy that brings spouses wholeness and oneness. Sexual intimacy is a gift and a participation in the mystery of creation. It is a function which enlivens the hope of procreation and ensures the continuation of family relations.