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Chi Ming Tsoi v. Court of Appeals

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G.R. No. 119190, 16 January 1997

 Articles FACTS:

 Case Digests Chi Ming Tsoi and Gina Lao Tsoiwas married in 1988. After the

celebration of their wedding, they proceed to the house of

 Chapter News
defendant’s mother. There was no sexual intercourse between

them during their first night and same thing happened until their
 Uncategorized
fourth night. In an effort to have their honeymoon in a private

place, they went to Baguio but Gina’s relatives went with them.

Recent Posts Again, there was no sexual intercourse since the defendant
avoided by taking a long walk during siesta or sleeping on a
 CMS Logging rocking chair at the living room. Since May 1988 until March 1989
Inc. v. Court of they slept together in the same bed but no attempt of sexual
Appeals intercourse between them. Because of this, they submitted

themselves for medical examination to an urologist in Chinese

 Lim v. Saban
General Hospital in 1989.

 Eurotech
The result of the physical examination of Gina was disclosed, while
Industrial
that of the husband was kept confidential even the medicine
Technologies,
prescribed. There were allegations that the reason why Chi Ming
Inc. v. Cuizon
Tsoi married her is to maintain his residency status here in the

country.
 Manila Remnant

Co., Inc. v. Gina does not want to reconcile with Chi Ming Tsoi and want their
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Court© 2017
of - 2020 IBP Zamboanga del Norte Chapter. All rights
marriage declared void on the ground of psychological incapacity.
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reserved.
Appeals On the other hand, the latter does not want to have their marriage
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5/30/2020 Chi Ming Tsoi v. Court of Appeals – IBP Zamboanga del Norte Chapter

annulled because he loves her very much, he has no defect on his

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part and is physically and psychologically capable and since their
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relationship  they can still overcome their differences.
is still young,

Recent Comments Chi Ming Tsoi submitted himself to another physical examination

and the result was there is no evidence of impotency and he is

 Marjorie capable of erection.
Mejorada-
ISSUE:
Cuenco on 13
ZN law grad
Whether or not Chi Ming Tsoi’s refusal to have sexual intercourse
pass 2017 Bar
with his wife constitute psychological incapacity.
Exam

RULING:
 Prescription on
IBP-ZN joins The Supreme Court had laid down some of the instances that
community proved the existence of psychological incapacity. The incapacity of
outreach in Jose the spouse must such that, it prevents him from complying with the
Dalman essential marital obligations as state in the Family Code, like:

 Ronald on (a) To procreate children based on the universal principle that

Salient features procreation of children though sexual cooperation is the basic end
of the Revised of marriage;
Guidelines for
Continuous Trial (b) To live together under one roof for togetherness spells the unity

of Criminal in marriage;

Cases
(c) To observe mutual love, respect and fidelity, for love, sexual

comfort and loyalty to one another are the basic postulates of

marriage;
PopularRecent 
(d) To render mutual help and support for assistance in
IBP- necessities, both temporal and spiritual, is essential to sustain the
ZN
joins marriage;
comm
outre
in (e) To jointly support the family for the spouses are joint
Jose
Dalm administrators in the partnership;
March 17th, 2018
(f) Not to commit acts which will bring danger, dishonor or injury to
Copyright © 2017 - 2020 IBP Zamboanga del Norte Chapter. All rights
each other or to the family for the safety andConnect
security with
of the
usfamily

reserved. Salie
featu at all times is a primordial duty of the spouses;
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5/30/2020 Chi Ming Tsoi v. Court of Appeals – IBP Zamboanga del Norte Chapter
of The abnormal reluctance or unwillingness to consummate his
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Revi marriage is strongly indicative of a serious personality disorder
Guid
Contact
which to theUs  Supreme Court clearly demonstrates an
mind of the
for
Cont
Trial utter insensitivity or inability to give meaning and significance to
of the marriage within the meaning of Article 36 of the Family Code.
Crim
Case
May 24th, 2017 If a spouse, although physically capable but simply refuses to
perform his or her essential marital obligations and the refusal is

13 senseless and constant, Catholic marriage tribunals attribute the

ZN
causes to psychological incapacity than to stubborn refusal.
law
grad Furthermore, one of the essential marital obligations under the
pass
2017 Family Code is to procreate children thus constant non-fulfillment
Bar
Exam of this obligation will finally destroy the integrity and wholeness of
April 26th, 2018 the marriage.

* Case digest by Lea A. Caipang, LLB-1, Andres Bonifacio Law

School, SY 2017-2018

By jurist | October 17th, 2017 | Case Digests | 0 Comments

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