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Chi Ming Tsoi vs. CA and Gina Lao Tsoi, G.R. No. 119190

This document summarizes a court case between Chi Ming Tsoi and Gina Lao-Tsoi regarding Tsoi's refusal to have sexual intercourse with his wife. The facts describe that after they were married, Tsoi slept in the same bed as his wife but did not engage in sexual intercourse. He also avoided intimacy during their honeymoon. Medical examinations found the wife was healthy and a virgin, while Tsoi's results were confidential. The issue is whether Tsoi's refusal constitutes psychological incapacity. The court ruled that Tsoi's constant refusal to engage in sexual intercourse, a basic marital obligation, is equivalent to psychological incapacity.

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Kathleen Joy Garcia
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164 views2 pages

Chi Ming Tsoi vs. CA and Gina Lao Tsoi, G.R. No. 119190

This document summarizes a court case between Chi Ming Tsoi and Gina Lao-Tsoi regarding Tsoi's refusal to have sexual intercourse with his wife. The facts describe that after they were married, Tsoi slept in the same bed as his wife but did not engage in sexual intercourse. He also avoided intimacy during their honeymoon. Medical examinations found the wife was healthy and a virgin, while Tsoi's results were confidential. The issue is whether Tsoi's refusal constitutes psychological incapacity. The court ruled that Tsoi's constant refusal to engage in sexual intercourse, a basic marital obligation, is equivalent to psychological incapacity.

Uploaded by

Kathleen Joy Garcia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CHI MING TSOI, petitioner,

Versus

COURT OF APPEALS and GINA LAO-TSOI, respondents.

GR No. 119190, SECOND DIVISION, 16 January 1997

TORRES, JR., J.

Reference: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/34416

FACTS:

Chi Ming Tsoi and Gina Lao-Tsoi were married on May 22, 1988. After the celebration of their marriage
and wedding reception, they went and proceeded to the house of defendant's mother where they slept
together on the same bed in the same room. Gina’s expectation was that as newlyweds, they were
supposed to enjoy making love and have sexual intercourse but it turned out that Chi Ming Tsoi just
went to bed, slept on one side thereof, then turned his back and went to sleep. The same thing
happened on the second, third and fourth nights.

When they had their honeymoon in Baguio City, Chi Ming Tsoi invited her mother, an uncle, his mother
and his nephew.There was still no sexual intercourse since the latter avoided her.

Because of this, they submitted themselves for medical examinations. The results of their physical
examinations were that she is healthy, normal and still a virgin, while that of her husband’s examination
was kept confidential up to this time. For the purpose of finding out whether he is impotent, Chi Ming
Tsoi submitted to a physical examination, which result states that there is no evidence of impotency and
he is capable of erection and of having sexual intercourse with a woman.

ISSUE:

Whether or not the contention for refusal to have sexual intercourse constitutes psychological
incapacity.

RULING:

Petitioner also claims that he wanted to have sex with private respondent; that the reason for private
respondent's refusal may not be psychological but physical disorder. Assuming it to be so, petitioner
could have discussed with private respondent or asked her what is ailing her, and why she balks and
avoids him everytime he wanted to have sexual intercourse with her. He never did. At least, there is
nothing in the record to show that he had tried to find out or discover what the problem with his wife
could be.
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-fulfillment of this obligation will finally destroy the integrity or wholeness of
the marriage. In the case at bar, the senseless and protracted refusal of one of the parties to fulfill the
above marital obligation is equivalent to psychological incapacity.

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