266 SCRA 324
Chi Ming Tsoi and Gina Lao-Tsoi got married on May 22, 1988 in Manila. Then months after the wedding there had not been sexual intercourse between the couple despite the fact that they have slept together in the same room and in the same bed at that time. Because of this, they submitted themselves for medical examination. The results were that she is healthy, normal and still a virgin while that of her husband’s was kept confidential up to this time. The wife claims that he is impotent and a closet homosexual. The trial court declared their marriage null and void and was affirmed by the CA, hence the present petition.
Is Chi Ming Tsoi’s refusal to have sexual intercourse with his wife indicative of his psychological incapacity?
Senseless and protracted refusal is equivalent to psychological incapacity. Thus, the prolonged refusal of a spouse to have sexual intercourse with his or her spouse is considered a sign of psychological incapacity. 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. As such, the court sustained the judgment of the appellate court and the petitioned denied for lack of merit.