Dear PAO,
I am writing on behalf of my friend. She is at wit’s end because her husband refuses to have any intimate relations with her. They got married over a year ago and settled here in Manila. Unfortunately, they never consummated their marriage. My friend wants to have children, whether with her husband or otherwise. Given this situation, is there a way to nullify her marriage?
-Xoren
Dear Xoren,
Yes, your friend may have her marriage declared null and void. The refusal of your friend’s husband to consummate the marriage may be considered as psychological incapacity that prevents him from fulfilling his marital obligations.
Indeed, the Supreme Court, speaking through Associate Justice Justo Torres Jr., in the case of Chi Ming Tsoi vs. Court of Appeals, et al. (GR 119190, Jan.16, 1997), held:
“First, it must be stated that neither the trial court nor the respondent court made a finding on who between petitioner and private respondent refuses to have sexual contact with the other. The fact remains, however, that there has never been coitus between them. At any rate, since the action to declare the marriage void may be filed by either party, i.e., even the psychologically incapacitated, the question of who refuses to have sex with the other becomes immaterial. xxx
“If a spouse, although physically capable but simply refuses to perform his or her essential marriage obligations, and the refusal is senseless and constant, Catholic marriage tribunals attribute the causes to psychological incapacity [rather] than to stubborn refusal. Senseless and protracted refusal is equivalent to psychological incapacity. Thus, the prolonged refusal of a spouse to have sexual intercourse with his or her spouse is considered a sign of psychological incapacity.
“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 nonfulfillment 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.”
Taken from the foregoing, the continuous inexcusable refusal of your friend’s husband to consummate their marriage may be considered a clear indication of psychological incapacity. As such, your friend may have her marriage declared null and void.
We hope that we were able to answer your queries. This advice is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.
