Chi Ming Tsoi Sample Pleading
REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT DESIGNATED FAMILY COURT BRANCH 89 GINA LAO-TSOI Petitioner, CIVIL CASE NO. Q-89-3141 FOR: JUDICIAL DECLARATION OF NULLITY OF MARRIAGE -versusCHI MING TSOI Respondent. x---------------------------------x PETITION NOW COMES, the Petitioner in the above-entitled case, by her undersigned counsel and unto this Honorable Court, respectfully alleges that: The Parties The Petitioner, GINA LAO- TSOI, is of legal age, Filipino, and presently residing at No. 23 P. Noval St. Sampaloc, Metro Manila, where she may be served with court processes. The Respondent, CHI MING TSOI, is of legal age, Taiwanese, and presently residing at No. 97 New Manila, Quezon City, where he may be served with court processes. Nature of the Petition In this present Petition, the Petitioner prays of this Honorable Court to declare as null and void her marriage to Respondent on the ground of his psychological incapacity. The following pertinent and relevant Family Code provisions are the bases in the treatise of this Petition: Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. Art. 68. The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.
Facts of the Case 1. Petitioner GINA LAO-TSOI (Gina) was a bank manager of Chinabank and Respondent CHI MING TSOI (Chi), a Taiwanese investor, became one of her prominent clients. Being new to the country, Chi would often visit Gina to talk about his business and investments where it led to their friendship and eventually, Chi decided to ask Gina to marry him. Caught in a whirlwind romance, Gina said yes and they were married at Manila Cathedral, Basilica of the Immaculate Concepcion, Intramuros, Manila on May 22, 2012; A copy of their Marriage Certificate is hereto attached as Annex “A” and made integral part thereof. 2. After the celebration of the marriage and the wedding reception, they went and proceeded to the house of Chi’s mother in South Villa, Makati. There, they slept together on the same bed in the same room for the first night of their married life; 3. Contrary to Gina’s expectations, that as newlyweds they were supposed to enjoy making love, or having sexual intercourse with each other, Chi just went to bed, slept on one side thereof, turned his back and went to sleep; 4. The same thing happened on the second, third and fourth nights; 5. In an effort to have their honeymoon in a private place where they can enjoy their first week as husband and wife, Gina planned for a trip to Baguio City. Much to her surprise, Chi invited his mother, Gina’s mother, an uncle and his nephew; 6. During their stay in Baguio City for four (4) days, there was no sexual intercourse between them. Chi avoided Gina by taking long walks or by sleeping on a rocking chair located at the living room; 7. Gina and Chi slept at the same room and on the same bed since their marriage on May 22, 2012 until March 15, 2013; 8. During this time, there was no attempt of sexual intercourse between them nor did they see each other’s private parts; 9. Because of Chi’s constant neglect and refusal to engage into sexual congress, Gina submitted herself to medical examinations under Dr. Eufemio Macalalag, a urologist at the Chinese General Hospital, on January 20, 2013; 10. The results of Gina’s physical and psychological examinations state that she is healthy, normal and still a virgin; A copy of Gina’s Medical Report is hereto attached as Annex “B” and made integral part thereof.
11. Chi, on his part, submitted himself to physical and psychological examination under Dr. Sergio Alteza, Jr., a urologist at the Chinese General Hospital on January 20, 2013; 12. Chi’s Medical Report state that there is no evidence of impotency and that he is capable of erection; 13. The doctor said, that he asked the defendant to masturbate to find out whether or not he has an erection and he found out that from the original size of two (2) inches, or five (5) centimeters, the penis of the defendant lengthened by one (1) inch and one centimeter. Dr. Alteza said, that the defendant had only a soft erection which is why his penis is not in its full length. But, still is capable of further erection, in that with his soft erection, the defendant is capable of having sexual intercourse with a woman. A copy of Chi’s Medical Report is hereto attached as Annex “C” and made integral part thereof. 14. The mere fact that as a married couple, Gina and Chi did not have sexual relations after almost ten months of cohabitation when it appears that Chi is not suffering from any physical disability leads us to submit that such abnormal reluctance or unwillingness to consummate his marriage is strongly indicative of a serious personality disorder which to the mind of the Honorable 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; 15. Evidently, 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." Constant non- fulfillment of this obligation will finally destroy the integrity or wholeness of the marriage. In the case at bar, the senseless and protracted refusal of one of the parties to fulfill the above marital obligation is equivalent to psychological incapacity. 16. It appears that there is absence of empathy between petitioner and private respondent. That is — a shared feeling which between husband and wife must be experienced not only by having spontaneous sexual intimacy but a deep sense of spiritual communion. Marital union is a two-way process. An expressive interest in each other's feelings at a time it is needed by the other can go a long way in deepening the marital relationship. 17. This case was instituted by Gina, the wife whose normal expectations of her marriage were frustrated by her husband's adamant neglect and refusal to have sexual congress with her. Considering the innate modesty of the Filipino woman, it is hard
to believe that she would expose her private life to public scrutiny and fabricate testimony against her husband if it were not necessary to put her life in order and put to rest her marital status. WHEREFORE, premises considered, it is respectfully prayed that after trial, judgment be rendered by this Honorable Court declaring the marriage between Petitioner Gina Lao Tsoi and Chi Ming Tsoi VOID AB INITIO by reason of Chi Ming Tsoi’s psychological incapacity citing Article 36 of the Family Code. Other equitable reliefs are prayed for. 28 JUNE 2013, Manila, Philippines. SHARMAGNE JOY A. BINAY Counsel for Petitioner Binay & Binay 2918 Mosaic, Salcedo, Makati City PTR No. 8917980A; 1/07/2014 IBP No. 687239; 2/20/2012; Quezon City
Republic of the Philippines} s City of Manila} s VERIFICATION AND CERTIFICATION I, GINA LAO- TSOI of legal age, under oath depose and say that: 1. 2. 3. 4. 5.
I am the plaintiff in the above-entitled case. I have caused the preparation of the foregoing Petition. I have read and fully understood the contents thereof and affirm that the factual statements therein made are true and correct to the best of my own personal knowledge and belief. I have not commenced any action involving the same parties and issues in the Supreme Court, Court of Appeal or any tribunal. To the best of my knowledge, there is no case involving the same parties and issues pending before the Supreme Court, Court of Appeals or any other tribunal. Should I learn of the pendency of such proceedings, I undertake to inform this Honorable Court within five (5) days from such knowledge.
GINA LAO-TSOI Affiant
SUBSCRIBED AND SWORN to before me this 5th day of July 2013 in the City of Manila, affiant exhibited to me her Passport No. 23413XX issued at DFA Makati. ATTY. JIMWEL F. CORBE Notary public Until December 31, 2013 PTR. No. 283931; Jan. 21, 2013, Quezon Doc. No. 041 Page No. 010 Book No. II Series of 2013