PERSONS and FAMILY RELATIONS

A.Y. 1819– ATTY. AMPY STA. MARIA

ARTICLE and TOPIC Art 35 ; Bad Faith or Good Faith in Void Marriages

CASE NAME Chi Ming Tsoi v Court of Appeals, 78 SCAD 57, 266 SCRA 324

GROUP MEMBER Dane Nuesa

Pertinent Facts
o This case was originally commenced by a distraught wife against her uncaring husband in the
Regional Trial Court of Quezon Citywhich decreed the annulment of the marriage on the ground of
psychological incapacity.
o Chi Ming married Gina on May 22, 1988 at the Manila Cathedral, Intramuros, Manila.
o After the celebration they had a reception and then proceeded to the house of the Chi Ming Tsoi’s
mother. There they slept together on the same bed in the same room for the first night of their married
life.
o Gina’s version:
o That contrary to her expectations that as newlyweds they were supposed to enjoy making love
that night of their marriage, or having sexual intercourse, with each other, Chi Ming however
just went to bed, slept on one side and then turned his back and went to sleep. There was no
sexual intercourse between them that night. The same thing happened on the second, third
and fourth nights.
o 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 they did so together with
Chi Ming’s mother, uncle and nephew as they were all invited by her husband. There was no
sexual intercourse between them for four days in Baguio since Chi Ming avoided her by
taking a long walk during siesta time or by just sleeping on a rocking chair located at the
living room.
o They slept together in the same room and on the same bed since May 22, 1988 until March
15, 1989 (ten months). But during this period there was no attempt of sexual intercourse
between them. Gina claims that she did not even see her husband’s private parts nor did
he see hers.
o Because of this, they submitted themselves for medical examinations to Dr. Eufemio
Macalalag. Results were that Gina is healthy, normal and still a virgin while Chi Ming’s
examination was kept confidential up to this time.
o She claims that her husband is impotent, a closet homosexual as he did not show his penis.
She said she had observed him using an eyebrow pencil and sometimes the cleansing cream
of his mother. She also said her husband only married her to acquire or maintain his residency
status here in the country and to publicly maintain the appearance of a normal man.
o Chi Ming’s version:
o He claims that if their marriage shall be annulled by reason of psychological incapacity, the
fault lies with Gina. He does not want their marriage annulled for reasons of (1) that he loves
her very much (2) that he has no defect on his part and he is physically and psychologically
capable (3) since the relationship is still very young and if there is any differences between
the two of them, it can still be reconciled and that according to him, if either one of them has
some incapabilities, there is no certainty that this will not be cured.
o Chi Ming admitted that since his marriage to Gina there was no sexual contact between
them. But, the reason for this, according to the defendant, was that everytime he wants to
have sexual intercourse with his wife, she always avoided him and whenever he caresses her
private parts, she always removed his hands.
o Supreme Court: 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. In the natural

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 PERSONS and FAMILY RELATIONS
A.Y. 1819– ATTY. AMPY STA. MARIA

order, it is sexual intimacy that brings spouses wholeness and oneness. Sexual intimacy is a gift
and a participation in the mystery of creation. It is a function which enlivens the hope of
procreation and ensures the continuation of family relations.

Relevance to Subtopic/Article:
o As a general rule, good faith and bad faith are immaterial in determining whethere a marriage
is null and void.
o In the case at bar, where the ground of of psychological incapacity was invoked to
nullify a marriage and where evidence showed that the spouses did not engage in
sexual intercourse as to who between the husband and the wife refused to have
sexual intercource, the Supreme Court ruled that such absence of a finding as to the
one who refused to have sex is immaterial because the action to declare a marriage
void may be files by either party, even the psychologically incapacitated one.

References:
https://www.lawphil.net/judjuris/juri1997/jan1997/gr_119190_1997.html

http://philippinecasedigests.blogspot.com/2010/08/persons-case-digest-chi-ming-tsoi-vs.html