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. RTC granted the annulment which was affirmed by the CA.
ISSUE:
Whether or not the failure of the husband to have sexual intercourse with his wife from the time of the marriage celebration until their separation a ground for psychological incapacity.
RULING:
Yes. 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."
Senseless, protracted refusal of one of the parties to fulfil the above marital obligation is equivalent to psychological incapacity.
