Tag: Family Code

Supreme Court decision of Chi Ming Tsoi vs. Court of Appeals affirmed the annulment of marriage between Chi Ming Tsoi and Gina Lao-Tsoi on the ground of psychological incapacity. The main issue was the lack of sexual intercourse between the spouses for almost ten months of cohabitation, despite having no physical disability or impotency. The Court ruled that such senseless and protracted refusal to consummate the marriage is equivalent to psychological incapacity, which is a serious personality disorder that prevents one from fulfilling the essential marital obligations. The Court also considered the innate modesty of the Filipino woman and the absence of collusion between the parties as factors that supported the validity of the wife’s claim.