Micu, Roma Chen August 16, 2017

JD 1A LEG RES & THESIS WRIT

TSOI v. CA
G.R. No. 119190 January 16, 1997
TORRES, JR., J.

FACTS:

Chi Ming Tsoi (petitioner) submitted a petition to the Court of Appeals

(respondent) after his failed attempt at an appeal to the same agency with
their affirmation dated November 29, 1994 concerning the decree of Quezon
City Regional Trial Court (Branch 89) on the case of nullity of marriage that
was forwarded by his wife, Gina Lao-Tsoi, on the ground of psychological
incapacity, and the denial of the motion for reconsideration dated February
14, 1995.

The background of this case starts with the marriage of Gina and Chi on May
22, 1988 at the Manila Cathedral located in Intramuros, Manila. They went
to the abode of Chis mother after the reception and slept in the same bed
on their wedding night with no sexual advances whatsoever. This continued
for another three nights.

Determined to have their honeymoon with just the two of them, they travelled
to Baguio City. Unfortunately for Gina, Chi brought along four third wheels:
both their mothers, an uncle, and his nephew. During their four-day visit, not
even the slightest hint of a sexual atmosphere developed between the
couple. Gina said that Chi has been avoiding her by either taking a long walk
during siesta time or by sleeping on the living rooms rocking chair. From
May 22, 1988 to March 15, 1989, there was no attempt at sexual intercourse
or genitalia-viewing despite sleeping on the same bed in the same room.
On January 20, 1989, both underwent medical examinations with urologist
Dr. Eufemio Macalalag at the Chinese General Hospital. Unlike with Ginas
disclosed results, the doctor kept Chis results & medications hidden.

Gina claimed that Chi married her for his residency status, and to keep his
faade as a normal man because she believed that he was an impotent
homosexual. She was not willing to reconcile with her husband.

On the other hand, Chi was open to reconciliation, stating that he loves her
very much, that he has no defect and is physically and psychologically
capable, and that they can overcome their differences since their relationship
is still young. He also stated, though, that if the marriage shall be annulled
because of psychological incapacity, his wife was at fault because she
removes his hands every time he caresses her private parts, and because
he had to discontinue this one time when he forced her into sex since she
was shaking and told him she disliked it.

Chi claimed that Gina filed the case because she was afraid to surrender his
mothers jewelleries and consummate their marriage. To prove his capacity
to procreate, he let Dr. Sergio Alteza Jr. examine his penis and present the
results to the court. It was recorded that from Chis original size of two inches
or five centimetres, it lengthened by one inch and one centimetre.

The court held that the marriage be void. The Court of Appeals affirmed the
courts decision.

ISSUE:

Whether or not Chi Ming Tsois refusal to consummate the marriage is a sign
of psychological incapacity, thus, a ground for declaration of nullity of
marriage.
RULING:

The Supreme Court declares that the prolonged, senseless, and constant
refusal of the spouse to do his or her marital obligation of sexual intercourse
is equal to psychological incapacity, which is a ground for annulment of
marriage as stated in Article 36 of the Family Code.

SOURCES:
G.R. No. 119190. Retrived from
http://www.lawphil.net/judjuris/juri1997/jan1997/gr_119190_1997.html
Ybanez, D.C. (2015). The Unforgettable Case of Chi Ming Tsoi.
Retrieved from http://trialtrendy.com/the-unforgettable-case-of-chi-
ming-tsoi/
hyper_jetsetter. (2011). Chi Ming Tsoi vs CA. Retrieved from
http://hyperjetsetter.blogspot.com/2011/04/chi-ming-tsoi-vs-ca.html