REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 89
CITY OF QUEZON

Gina Lao Tsoi,

Petitioner,

-versus- Civil Case No. __________

For: Declaration of Nullity
of Marriage under Art. 36
of Family Code
Chi Ming Tsoi,
Respondent,
x- - - - - - - - - - - - - - - - - - - - - - - - - x

PETITION
Now COMETH, petitioner, through the undersigned counsel and to
this Honorable Court, respectfully alleges:

1. That petitioner Gina Lao Choi is of legal age, married, Filipino and
resident of 1473 Banawe St., Quezon City;

2. That respondent Chi Ming Tsoi is likewise of legal age, married,

Filipino and presently residing at 1473 Banawe St., Quezon City;

3. That petitioner and respondent celebrated their marriage on May

22, 1988 at the Manila Cathedral, evidenced by a certified true copy of
their Marriage Certificate is attached and made integral part hereof as
Annex “A”;

4. That petitioner and respondent have no children. They have no

written agreement executed before the marriage to govern their property
relations nor have any community property acquired during their
marriage. They have no debts;

5. That petitioner met the respondent sometime in 1985 in City of

Manila. They were arranged to be married by their parents for respondent
to secure Filipino citizenship but they began falling in love by 1987;

6. That in their time together, petitioner observed unusual behavior

on the part of the respondent as she saw the respondent use her make up
kits.

7. That before their marriage, they had little to none moments of

intimacy as they have never kissed nor have they shared any intimate
moments in bed.
1
 8. That at the time of their marriage, petitioner remained a virgin.

9. That after the day of their wedding they resided at the residence
of respondent’s mother.

10. That they slept together on the same bed and on the same room
however, they have never had any moment of intimacy and sexual
intercourse as Complainant always heads straight to bed.

11. That the same thing happened on the second, third and fourth
nights of staying in the residence of respondent’s mother.

12. That in making efforts to be able to have an intimate moment

with her husband, plaintiff invited respondent on August 10, 1988 to go
with her to Baguio however respondent insisted that Plaintiff’s mother her
uncle and complainant’s mother and nephew go with them.

13. That they stayed for four days in Baguio however in the said
stay, no sexual act or any form of intimacy occurred between husband and
wife.

14. That from May 22, 1988 to March 15, 1989, no sexual act
occurred between Plaintiff and Respondent nor did Plaintiff see
respondent’s penis.

15. That due to the continued instance of no sexual intercourse,

both plaintiff and respondent had themselves submitted to medical check-
up on January 20, 1989. They were checked up by urologist, Dr. Eufemia
Macalalag.

16. That as written in the medical certificate issued by Dr Macalalag

(Annex B), there is nothing wrong with plaintiff in that she was perfectly
fine.

17. That respondent’s medical certificate and examination was made

confidential including the medication prescribed to him.

18. That plaintiff sought the second opinion of a doctor, Dr. Flanillo
Javier, as to her husband’s condition.

19. That on the medical certificate (Annex C) issued by Dr. Javier, it

was said that plaintiff is suffering from impotence.

20. That plaintiff now avers that complainant is impotent, a closeted

gay and that complainant only wants to continue their marriage for
complainant to maintain his Filipino citizenship.

21. That plaintiff came up with such conclusion because despite all
efforts, respondent does not want to have sexual intercourse with her. That
such has tantamount to a refusal to perform an essential marital
obligation which is the creation of the family.

2
13. That finally, the petitioner has therefore no other recourse but to
seek judicial relief. The prospects or possibility of respondent to reform
and assume his essential marital obligation is a remote possibility, if not
a hopeless expectancy.

PRAYER

WHEREFORE, after trial, it is respectfully prayed that this Honorable

Court rendered judgment:

1. Declaring the marriage entered into by the parties as NULL and

VOID on the ground of psychological incapacity of the respondent;

2. Ordering the Local Civil Registrar and the National Statistics

Office to cancel in their respective Books of Marriages, the marriage between
the petitioner and the respondent.

Petitioner prays for such other relief she may be entitled to in the
premises.

City of Quezon, January 10, 1990.

MENDOZA AND ASSOCIATES LAW

OFFICE

By:
______________
Atty. Joel Mendoza
Commission Serial No. 4569
Until December 30, 1991
Roll of Attorney 14555
IBP. No.1111/January 1, 1987/Manila
P.T.R. No. 2223/January 1, 1988
Roll No. 2256

3
 VERIFICATION-CERTIFICATION
ON NON-FORUM SHOPPING

I, Gina Lao Choi, of legal age, Filipino citizen, resident of 1473 G.

Banawe St., Sta Cruz, Manila, after having been sworn to in accordance
with law, depose and say:

1. That I am the petitioner in the above-entitled case;

2. That I caused the preparation and filing of the foregoing Petition;

3. That all the allegations therein are true and correct of my own
knowledge and based on authentic records;

4. That I hereby certify under oath that I have not heretofore

commenced any other action or proceeding involving the same issues in
the Supreme Court, Court of Appeals or any other tribunal or agency, and
that to the best of my knowledge, there is no other action or proceeding,
which is pending before this Honorable Court, Court of Appeals, Supreme
Court or any other tribunal or agency involving the same parties and the
same issues, and that if I learn hereafter that there are other proceedings
pending before this Honorable Court, or any other tribunal or agency, I
hereby undertake to report that fact within five (5) days therefrom to this
Honorable Court.

Manila, Philippines, January 10, 1990.

_____________
Gina Lao Choi
Affiant

SUBSCRIBED AND SWORN to before me this 10th day of January,

1990 at Quezon City. Affiant exhibited to me her Filipino Passport No.
1532 issued at Manila.

Atty. Joel Mendoza

Commission Serial No. 4569
Until December 30, 1991
Roll of Attorney 14555
IBP. No.1111/January 1, 1987/Manila
P.T.R. No. 2223/January 1, 1988
Roll No. 2256

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 1990.