ChiMingTsoiv.CA,G.R.No.119190,Jan.

16,1997
Facts: Ching married Gina on May 22, 1988 at the Manila Cathedral, Intramuros,
Manila. After the celebration and reception, they proceeded to the house of the
Ching Ming Tsois mother. There they slept together on the same bed in the same
room for the first night of their married life but nothing happened, contrary to what
she expected. The same happened to the subsequent nights. In an effort to have
their honey moon in a private place where they can enjoy together during their
first week as husband and wife they went to Baguio City. But Ching brought
along his mother, uncle and nephew. During the time they were in Baguio, still no
sexual intercourse happened because Ching avoided her by taking a long walk
during siesta time or by just sleeping on a rocking chair located at the living
room. They slept together in the same room and on the same bed for 10 months
but they never had sex. Gina claims that she did not even see her husbands
private parts nor did he see hers. Because of this, they submitted themselves for
medical examinations to Dr. Eufemio Macalalag. Results showed that Gina is
healthy, normal and still a virgin while Chings examination was kept confidential.
Gina claims that her husband is impotent, a closet homosexual (she has seen
him using an eyebrow pencil and sometimes the cleansing cream of his mother),
and only married her to acquire or maintain his residency status here in the
country and to publicly maintain the appearance of a normal man. Ching denied
the allegations. He claimed that if their marriage shall be annulled by reason of
psychological incapacity, the fault lies with Gina. He does not want their marriage
annulled because he loves her very much, he has no defect on his part and he is
physically and psychologically capable, and whatever differences they have are
reconcilable and curable. Ching admitted that they havent had sexual
intercourse yet but it was because of Ginas refusal and whenever he caresses
her private parts, she always removed his hands.
ISSUE: Whether or not Ching is psychologically incapacitated to comply with the
essential marital obligations of marriage

RULING: The Supreme Court affirmed the decisions of the trial court and Court
of Appeals in rendering as VOID the marriage entered into by Ching and Gina on
May 22, 1988. 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. The Supreme Court
held that the prolonged refusal of a spouse to have sexual intercourse with his or
her spouse is considered a sign of psychological incapacity.