MEDICAL COLLEGES OF NORTHERN PHIILIPPINES Alimanao hills Penablaca, Cagayan COLLEGE OF RADIOLOGIC TECHNOLOGY

REQUIREMENT IN SOCIOLOGY AND ANTHROPOLOGY

SUBMITTED TO:MAAM FEBELYN DALUPING SUBMITTED BY:DEBORAH FAYE G. PINATED

FACTS: On May 22,1988, plaintiff Gina Loi married defendant Chi Ming Tsoi at the Manila cathedral. According to the plaintiff, contrary to her expectation 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 back and went to sleep. No sexual intercourse occurred during the first, second, third and fourth nights. They slept together in the same room and or the same bed since may 22,2988 until march 15,1989 but during this period, there was no attempt of sexual intercourse between them. Plaintiff then claims that the defendant is impotent, a closest homosexual as he did not show his penis. She had observed that he was usong an eyebrow pencil and sometimes the cleansing cream of his mother and the defendant just married her to acquire or maintain residency status here in the country and to public maintain the appearance of a normal man. So, this case was filed by plaintiff for the declaration of an annulment of their marriage on the ground of psychological incapacity. Defendant admitted that no sexual intercourse really happened with his wife because according to him, she always avoided him and whenever he caressed her private parts, she always removed his hands. The trial court decreed the annulment and the court of appeal affirmed it. Hence, this petition. ISSUE: Whether or not petitioner Chi Ming Tsoi is psychologically incapacitated to discharge a basic marital obligation. RULING OF THE SUPREME COURT: Affirmative. 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 obligation 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. In this case, the senseless and protracted refusal of one of the parties to fulfill the one above marital obligation is equivalent to psychological incapacity. Love is useless unless it is shared with another. In the natural order it is sexual intimacy is a gift and participation in the mystery of creation. It is function which enlivens the hope of procreation and ensures the continuation of family relations.