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Case Brief

Chi Ming Tsoi vs Court of Appeals and Gina Lao-Tsoi


(G.R. No. 119190, Jan. 16, 1997)

Facts: On May 22, 1988, Gina Lao married Chi Ming Tsoi.
Since their marriage until their separation on March 15,
1989, there was no sexual contact between them. Gina
filed a case of annulment of marriage on the ground of
psychological incapacity with the RTC of Quezon City.
The RTC granted annulment which was affirmed by the
CA.
Chi Ming Tsoi vs Court of Appeals and Gina Lao-Tsoi
(G.R. No. 119190, Jan. 16, 1997)
Ruling: 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 the case at bar, the senseless and protracted
refusal of one of the parties to fulfill above
marital obligation is equivalent to
psychological incapacity.
Judgment AFFIRMED.

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