266 SCRA 324, January 16, 1997, J. Torres, Jr.

FACTS OF THE CASE:

On May 22, 1988, Gina Lao married Chi Ming Tsoi. Since their marriage until their separation n March 15, 1989, there was no sexual contact between them. Gina filed a case f 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.

ISSUE:

Is there a failure of the husband to have sexual intercourse with his wife from the time of the marriage until their separation on March 15, 1989 a ground fo psychological incapacity?

RULING:

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 senseless and protracted refusal of the one of the parties to fulfill the above marital obligation is equivalent to psychological incapacity, a ground for annulment.

Judgment AFFIRMED.