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  7. Chi Ming Tsoi vs. CA GR No. 119190, January 16, 1997 TORRES, JR., J.:    FACTS:  Chi Ming Tsoi and Gina Lao Tsoi was married in 1988. After the celebration of their wedding, they  proceed to the house of defendant’s mother.  There was no sexual intercourse between them during their first night and same thing happened until their fourth night. they went to Baguio but Gina’s relatives went with them. Again, there was no sexual intercourse. Since May 1988 until March 1989 they slept together in the same bed but no attempt of sexual intercourse between them. Because of this, they submitted themselves for medical in 1989. The result of the physical examination of Gina was disclosed, while that of the husband was kept confidential even the medicine prescribed. There were allegations that the reason why Chi Ming Tsoi married her is to maintain his residency status here in the country. Gina does not want to reconcile with Chi Ming Tsoi and want their marriage declared void on the ground of  psychological incapacity. On the other hand, the latter does not want to have their marriage annulled  because he loves her very much, he has no defect on his part and is physically and psychologically capable and since their relationship is still young, they can still overcome their differences. Chi Ming Tsoi submitted himself to another physical examination and the result was there is no evidence of impotency and he is capable of erection. ISSUE: Whether Chi Ming Tsoi’s refusal to have sexual intercourse with hi s wife constitutes  psychological incapacity. HELD: YES  RATIO:  The abnormal reluctance or unwillingness to consummate his marriage is strongly indicative of a serious  personality disorder which to the mind of the Supreme Court clearly demonstrates an utter insensitivity or inability to give meaning and significance to the marriage within the meaning of Article 36 of the Family Code. If a spouse, although physically capable but simply refuses to perform his or her essential marital obligations and the refusal is senseless and constant, Catholic marriage tribunals attribute the causes to  psychological incapacity than to stubborn refusal. Furthermore, one of the essential marital obligations under the Family Code is to procreate children thus constant non-fulfillment of this obligation will finally destroy the integrity and wholeness of the marriage.  8. Felecitas Amor-Catalan v. Court of Appeals G.R. No. 167109 February 6, 2007  YNARES-SANTIAGO, J.:   Facts: Felicitas Amor-Catalan - Petitioner and Orlando Catalan - Respondent was married inPangasinan then they migrated to USA and became naturalized US citizens. After 38 years of married, they got divorced. Two months later, Orlando married Merope Braganza. Felicitassought for declaration of nullity or marriage because it was bigamous on the basis that Merope has prior existing marriage with a certain Eusebio Bristol however respondent Orlando filed a motion to dismiss on the ground of lack of cause of action (should be failure to state a cause of action by the Felicitas) alleging that she’s  not a real party-in-interest. RTC favored the petitioner hence Orlando and Merope’s marriage declared null and void however CA reversed decision and dismissed the petition for annulment. ISSUE: Whether or not a spouse can file a complaint for declaration of nullity of the second marriage on the ground of bigamy despite an alleged divorce obtained abroad Held:  NO RATIO: Supreme Court determine first if divorce decree does not restrict marriage, CA correct in ruling that Felicitas did not have personality because she had no existing interest, the marriage ties being already cut; if divorce decree restricts marriage or limited divorce, RTC correct in ruling that marriage was bigamous while the Supreme Court remanded case to RTC for reception of additional evidence  –   needed to check the divorce decree and the foreign law granting or restricting remarriage.  9. Republic vs. Nolasco G.R. No. 94053 March 17, 1993 FELICIANO, J.: FACTS Gregorio Nolasco filed before the Regional Trial Court of Antique a petition for the declarationof the  presumptive death of his wife Janet Monica Parker, invoking Article 41 of the Family Code. During trial,  Nolasco testified that he was seaman and that he had first met Parker, a British subject, in a bar in England during one of his ship’s port calls. From that chance meeting onwards, Parker lived with Nolasco on his ship for six months until they returned to Nolasco’s hometown of San Jose, Antique i n 1980 after his seaman’s contract expired. On January 1982, Nolasco married Parker in Antique. After the marriage celebration, Nolasco obtained another employment as a seaman and left his wife with his parents in Antique. Sometime in 1983, while working overseas, Nolasco received a letter from his mother informing him that Parker had left Antique He testified that his efforts to look for her whenever their ship docked in England were fruitless, that the letters he sent to Parker’s address in England were a ll returned to him, and that their friends received no news from Parker. He testified that he had no knowledge of her family  background even after the marriage and did not report the disappearance to the authorities. Issue: Whether or not Nolasco has a well-founded belief that his wife is already dead HELD:  NO RATIO: The respondent failed to establish that he had the well-founded belief required by law that his absent wife was already dead that would sustain the issuance of a court order declaring Janet Monica Parker  presumptively dead. In the case at bar, the Court considers that the investigation allegedly conducted by respondent in his attempt to ascertain Janet Monica Parker's whereabouts is too sketchy to form the basis of a reasonable or well-founded belief that she was already dead. When he arrived in San Jose, Antique after learning of Janet Monica's departure, instead of seeking the help of local authorities or of the British Embassy, he secured another seaman's contract and went to London, a vast city of many millions of inhabitants, to look for her there. The Court also views respondent's claim that Janet Monica declined to give any information as to her personal background even after she had married respondent too convenient an excuse to justify his failure to locate her. The same can be said of the loss of the alleged letters respondent had sent to his wife which respondent claims were all returned to him. Respondent said he had lost these returned letters, under unspecified circumstances.
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