Chi Ming Tsoi v CA Digest

CHI MING TSOI, petitioner,
vs. COURT OF APPEALS and GINA LAO-TSOI, respondents.

IN RELATION TO COURSE
Persons under Psychological Incapacity
Nullity of marriage by reason of protracted avoidance of sex

FACTS

Sometime on May 22, 1988, Chi Ming Tsoi and Gina Lao-Tsoi got married. On their first night as husband and wife, Chi Ming Tsoi turned his back, did not have sexual intercourse, and went to sleep. From the wedding day until March 15, 1989, no sexual intercourse happened nor was initiated by the husband Chi Ming Tsoi.  Respondent Gina filed a complaint that her husband is impotent, a closet homosexual and he did not show his penis. She said she had observed her husband using an eyebrow pencil and sometimes the cleansing cream of his mother. She claimed that her husband only used her to acquire residency here and the appearance of a normal man here.  Petitioner denied the accusations and argued he forces his wife to have sex but the latter stops him. He also argues that the wife only does not want to return his mother’s jewelry. He submitted himself to medical examination and the doctor reported he was not impotent and he is capable of erection. He was asked to masturbate and his penis can grow from 2 inches to 3 inches.  The trial and appellate court declared the marriage VOID. Hence, the instant petition. 

ISSUE

Is refusal to have sex considered psychological incapacity?

HELD

Yes. Prolonged refusal to have sex violates the essential marital obligations under the Family Code which is “To procreate children based on the universal principle that procreation of children through sexual cooperation is the basic end of the marriage.” Catholic marriage tribunals attribute xxx senseless and protracted refusal is equivalent to psychological incapacity. It tantamounts to unfulfilled vows and unconsummated marital obligation, which is a critical component of Marriage and Family Life. 

Love is useless unless it is shared with another. Indeed, no man is an island, the cruelest act ~xxx~ 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. Petitioner Chi Ming’s argument that it is his wife that refuses to have sex due to an alleged STD is not convincing. If that is the case, he could have discussed it with his partner or at least the records will show. 

Sexual intimacy is a gift and participation in the mystery of creation. It is a function that enlivens the hope of procreation and ensures the continuation of family relations.

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by Bryan Villarosa

by Bryan Villarosa

Bacolod City-based Marketing Services Provider | Licensed Financial Advisor

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