Case Digests

Dear law students, this blog is where I am sharing the

digests I used in law school. Some of them, I wrote
myself. Some were products of group sharing (and I no
longer remember what digest is from whom), some I
found in the internet while looking for an easier way to do
it (just like what you are doing now, most probably :)). I do
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do know which are mine. If you believe that any of the
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May 1, 2012
Chi Ming Tsoi vs CA
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266 SCRA 324
FACTS:
Private respondent Gina Loi and petitioner Chi Ming Tsoi were married at the Manila Cathedral on
May 22, 1988. Contrary to Ginas expectations that the newlyweds were 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. No sexual intercourse occurred during their rst night,
second, third and fourth night.
From May 22, 1988 until March 15, 1989, they slept together in the same room and on the same bed
but during this period, there was no attempt of sexual intercourse between them. A case was then
led to declare the annulment of the marriage on the ground of psychological incapacity. Gina
alleged that Chi Ming was impotent, a closet homosexual as he did not show him his penis (clinically
found to be only 3 inches and 1 cm. when erect). Defendant admitted that no sexual contact was ever
made and according to him everytime he wanted to have sexual intercourse with his wife, she always
avoided him and whenever he caressed her private parts she always removed his hands.
ISSUE:
Is the refusal of private respondent to have sexual communion with petitioner a psychological
incapacity ?[i]
HELD:
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. Thus, the prolonged refusal of a spouse to have sexual intercourse with his
or her spouse is considered a sign of psychological incapacity.
Evidently, 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. Constant non-fulllment of this obligation will nally destroy the integrity or
wholeness of the marriage. In the case at bar, the senseless and protracted refusal of one of the parties
to fulll the above marital obligation is equivalent to psychological incapacity.
While the law provides that the husband and the wife are obliged to live together, observe mutual
love, respect and delity. (Art. 68, Family Code), the sanction therefor is actually the spontaneous,
mutual affection between husband and wife and not any legal mandate or court order. 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 unfullled self. The
egoist has nothing but himself. In the natural order, it is sexual intimacy which 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.
Posted by iamleyya.
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