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    Chi Ming Tsoi V CA

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    Vince Alvin Montealto
    1. Chi Ming Tsoi appealed a lower court's ruling granting the annulment of his marriage to Gina on the grounds of psychological incapacity. 2. Gina filed for annulment claiming Tsoi was impotent and a closet homosexual, citing that they did not have sexual intercourse during their marriage and honeymoon. 3. The Supreme Court affirmed the annulment, finding that Tsoi's refusal to have sexual intercourse for the duration of their 10-month marriage was equivalent to psychological incapacity, as sexual relations are a basic marital obligation under Philippine law.

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    Chi Ming Tsoi V CA

    Uploaded by

    Vince Alvin Montealto
    25 views2 pages
    1. Chi Ming Tsoi appealed a lower court's ruling granting the annulment of his marriage to Gina on the grounds of psychological incapacity. 2. Gina filed for annulment claiming Tsoi was impotent and a closet homosexual, citing that they did not have sexual intercourse during their marriage and honeymoon. 3. The Supreme Court affirmed the annulment, finding that Tsoi's refusal to have sexual intercourse for the duration of their 10-month marriage was equivalent to psychological incapacity, as sexual relations are a basic marital obligation under Philippine law.

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    Case Digest

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    Chi Ming Tsoi v CA

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    1. Chi Ming Tsoi appealed a lower court's ruling granting the annulment of his marriage to Gina on the grounds of psychological incapacity. 2. Gina filed for annulment claiming Tsoi was impotent and a closet homosexual, citing that they did not have sexual intercourse during their marriage and honeymoon. 3. The Supreme Court affirmed the annulment, finding that Tsoi's refusal to have sexual intercourse for the duration of their 10-month marriage was equivalent to psychological incapacity, as sexual relations are a basic marital obligation under Philippine law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    25 views2 pages

    Chi Ming Tsoi V CA

    Uploaded by

    Vince Alvin Montealto
    1. Chi Ming Tsoi appealed a lower court's ruling granting the annulment of his marriage to Gina on the grounds of psychological incapacity. 2. Gina filed for annulment claiming Tsoi was impotent and a closet homosexual, citing that they did not have sexual intercourse during their marriage and honeymoon. 3. The Supreme Court affirmed the annulment, finding that Tsoi's refusal to have sexual intercourse for the duration of their 10-month marriage was equivalent to psychological incapacity, as sexual relations are a basic marital obligation under Philippine law.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Title: Chi Ming Tsoi v.

    Court of Appeals
    Case No.: G.R. No. 119190, 16 January 1997
    Ponente: Torres, Jr., Second Division
    Prepared by: Vince Alvin L. Montealto

    Facts:

    1. On 22 May 1988, Gina married Tsoi. After their wedding reception, they proceeded to
    the house of Tsoi’s mother. They slept together on the same bed but did not have sex.
    The same thing happened on the succeeding nights.

    2. Subsequently, Gina and Tsoi went to Baguio City for their honeymoon. Unfortunately,
    Tsoi invited their relatives as well.

    3. During the 4 day stay in Baguio, there was no sexual intercourse that happened. Tsoi kept
    on avoiding Gina by taking a long walk and sleeping. Gina did not even see Tsoi’s
    private parts.

    4. By reason of the foregoing, Gina and Tsoi submitted themselves for medical
    examinations with a urologist. The urologist found Gina to be healthy, normal and still a
    virgin. Tsoi, on the other hand, was prescribed medications but it was confidential.

    5. Gina filed for an Annulment of Marriage with the Regional Trial Court on the ground of
    psychological incapacity.

    a. Gina claimed that Tsoi is impotent and a closet homosexual. Gina further alleged
    that she saw Tsoi using an eyebrow pencil and sometimes a cleansing cream.

    6. Tsoi asserted, however, that he did not want annulment. Tsoi submitted with the Trial
    Court a Medical Report which states that there is no evidence of impotency.

    a. The doctor found out that from the original size of Tsoi’s penis, which is 2 inches,
    the penis of 1 inch and 1 centimeter after masturbation. It was also observed that
    Tsoi only had a soft erection which is why his penis is not in its full length.

    b. BUT, it is still capable of erection and Tsoi is capable of having sexual


    intercourse with a woman.

    7. The Trial Court declared the marriage null and void. The Court of Appeals affirmed the
    same. Hence, this Petition filed by Tsoi.

    Issue:

    Whether or not refusal to have sexual intercourse falls under psychological incapacity as ground
    for annulment of marriage?

    Ratio/Held:

    1. Refusal to have sexual intercourse is equivalent to psychological incapacity.

    2. One of the essential marital obligations under the Family Code is to procreate children
    based on the universal principle that procreation through sexual cooperation is the basic
    end of marriage. As such refusal to fulfill the stated marital obligation is equivalent to
    psychological incapacity.

    3. In the instant case, Tsoi admitted that he was not physically impotent, and he refrained
    from having sexual intercourse from the start of the marriage until they separated
    (10months).
    4. Contrary to Tsoi’s assertion that Gina is the one who refuses to have sex, the Court ruled
    that there is nothing on the record that Tsoi tried to discover what the problem with his
    wife could be. Further, the fact that Tsoi did not go to court to seek annulment weakens
    his claim

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