REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

10th Judicial Region
Regional Trial Court
Branch ___
Cagayan de Oro City
Gina Lao-Tsoi
Petitioner,

Civil Case No. __________

for: Declaration of
Nullity of Marriage

-versusChi Ming Tsoi

Respondent.
xx

AFFIDAVIT
THE PARTIES
Petitioner, GINA LAO-TSOI is of legal age, Filipino, and presently residing at Xavier
Estates, Cagayan de Oro City;
Respondent, CHI MING TSOI is likewise of legal age, Filipino and is last known by the
Petitioner to be residing at Pueblo de Oro, Cagayan de Oro City, where he may be served by
notices, orders and processes of the Honorable Court.

NATURE OF THE PETITION

In this present Petition, the Petitioner prays of this Honorable Court to declare as null and
void her marriage to Respondent on the ground of the latters psychological incapacity.
The following pertinent and relevant Family Code provisions are the bases in the treatise of
this Petition:
Art. 36. A marriage contracted by any party who, at the time of the celebration, was
psychologically incapacitated to comply with the essential marital obligations of marriage,
shall likewise be void and even if such incapacity becomes manifest only after its
solemnization.
Art. 68. The husband and wife are obliged to live together, observe mutual love, respect and
fidelity, and render mutual help and support.
Art. 72. When one of the spouses neglects his or her duties to the conjugal union or commits
acts, which tend to bring danger, dishonor or injury to the other or the Family, the aggrieved
party may apply to the court for relief.
FACTS OF THE CASE
Mr. Chi Ming Tsoi and Ms. Gina Lao were blissfully married on May 22, 2013. After the
wedding reception, the newly-wed lovebirds went directly to defendants mothers house.
There, they slept together on the same bed in the same room for the first night of their married
life. However, much to petitioners utter dissapointment, respondent immediately slept
through the night and did not make love to his wife. Contrary to her expectations, that as
newlyweds they were supposed to enjoy making love, or having sexual intercourse, with each

other, the defendant just went to bed, slept on one side thereof, then turned his back and went
to sleep . There was no sexual intercourse between them during the first night. The same thing
happened on the second, third and fourth nights.
In an effort to have an intimate and private moment during their honeymoon, the spouses
decided to go to Baguio City, however, much to petitioners dismay, respondent invited his
mother, uncle, and nephew to go with them. They spent four (4) nights in Baguio City but no
night was spent with the two of them making love with each other, much to petitioners
chagrin, as the respondent avoided her, deliberately took long walks alone during siesta time,
or went to sleep on a rocking chair located in the living room of the place they stayed in.
They slept together in the same room and on the same bed since May 22, 2013 until
March 15, 2014. But during this period, there was no attempt of sexual intercourse between
them. Petitioner claims, that she did not even see her husband's private parts nor did he see
hers. Due to this, they submitted themselves for medical examinations to Dr. Eufemio
Macalalag, a urologist at the Chinese General Hospital, on January 20, 2014.
The results of their physical examinations were that petitioner is healthy, normal and still
a virgin, while that of her husband's examination was kept confidential up to this time. While
no medicine was prescribed for her, the doctor prescribed medications for her husband which
was also kept confidential. No treatment was given to her. For her husband, he was asked by
the doctor to return but he never did.
Petitioner is of the strong belief that respondent is impotent as he refuses to show his
penis to her nor share the details of his medical examination to petitioner who is his wife and
supposedly his life partner. Petitioner has also reason to believe that respondent is a closet
homosexual as she has observed him, to her utter shock and disbelief, using his mothers
eyebrow pencil and cleansing cream from time to time.
Petitioner believes that, despite her love for her husband and the pain at the thought of it,
respondent only married her, a Filipino citizen, to acquire or maintain his residency status
here in the country and to publicly maintain the appearance of a normal man.
Petitioner, frustrated, hurt, and feeling completely used by the man she once loved and
willingly bound herself to in the name of the Lord, cannot and is not anymore willing to
reconcile with respondent, her husband, as there is no point in continuing their marriage
which she never knew was already in shambles before they exchanged vows at the altar.
WHEREFORE, premises considered, it is respectfully prayed that after trial, judgment be
rendered by this Honorable Court declaring the marriage between the Petitioner and the
Respondent VOID AB INITIO by reason of the psychological incapacity of the respondent,
citing Art. 36 of the Family Code.
Other reliefs just and equitable are prayed for.
IN WITNESS WHEREOF, I have set hereunto my hand this 12th day of February, 2016,
at Cagayan de Oro City.
GINA LAO-TSOI
Affiant
CTC No. 11111
Issued on 2/10/16
At Cag. De Oro City
SUBSCRIBED and sworn to before me, this 12th day of February, 2016, at Cagayan de
Oro City. Affiant having exhibited to me her Community Tax Certificate as indicated above.
Doc.No.:_____

Page No.: _____

Book No.: _____
Series of 2016.
OLIVE ADRIENNE G. BARBA
PTR No. 111
Roll No. 111
IBP No. 111
MCLE Compliance No. 111
BARBA & ASSOCIATES LAW OFFICE
Antonio Luna-Velez Sts., Cagayan de Oro City
(+638822) 729168