Chi Ming Tsoi v.
CA YES
Doctrine:
1. Procreation is an essential marital obligation considering
that such obligation springs from the universal principle that
procreation of children thru sexual cooperation is the basic end
of marriage.
2. Procreation is one of the essential marital obligations under
the Family Code. If a spouse who is physically capable but
simply refuses to perform such marital obligation, & the refusal
is senseless & constant, such senseless refusal is equivalent
to psychological incapacity. The prolonged refusal of a spouse
to have sexual intercourse w/ his/her spouse is considered a
sign of psychological incapacity.
FACTS:
 Chi Ming Tsoi and Gina Lao Tsoi were married in 1988.
 Since May 1988 until March 1989 they slept together in
the same bed but no attempt of sexual intercourse
between them.
 Gina filed a case of annulment of marriage on the
ground of psychological incapacity with the RTC of
Quezon City. She claimed that the only reason why he
married her is to maintain his residency status here in
the country. She also claims that he is impotent and
closet homosexual.
 The RTC granted annulment which was affirmed by the
CA.
ISSUE/S
WON Ching is psychologically incapacitated to comply with the
essential marital obligations of marriage?
HELD/RATIO
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.
While the law provides that the husband and the wife are
obliged to live together, observe mutual love, respect and
fidelity (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". 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.
This Court, finding the gravity of the failed relationship in which
the parties found themselves trapped in its mire of unfulfilled
vows and unconsummated marital obligations, can do no less
but sustain the studied judgment of respondent appellate
court.