G.R. No. 34259 ; March 21, 1931
Intestate Estate of the late E. Randolph Hix. ANNIE COUSINS HIX, petitioner-appellant, vs. A. W. FLUEMER, opponent-appellee.

FACTS

E. Randolph Hix and Annie Cousins Hix were married in 1913 and established their matrimonial domicile in Manila. In 1921, they began living apart by mutual consent. In 1924, Hix left for West Virginia, USA. After residing there for one year, he filed for divorce in the Circuit Court of Randolph County, West Virginia, alleging Annie had deserted him and was a resident of Peking, China. Annie was summoned by publication and did not appear. The court granted the divorce decree in 1925. Hix then returned to Manila in 1927, where he resided and worked until his death in 1929. In the intestate proceedings, Annie claimed support and pension as his widow. The opponent, A.W. Fluemer, argued she was not entitled due to the divorce. The trial court recognized the foreign divorce decree as valid and denied Annie’s claims.

ISSUE

Whether the divorce decree granted by the West Virginia court is valid and binding in the Philippines, thereby negating Annie Cousins Hix’s status as the surviving spouse.

RULING

No. The Supreme Court reversed the trial court and declared the West Virginia divorce decree null and void in the Philippines. The Court held that: (1) Hix did not acquire a bona fide domicile in West Virginia, as he went there solely to obtain a divorce and then returned to his matrimonial domicile in Manila; (2) the West Virginia court did not acquire jurisdiction over Annie, as she was a non-resident summoned only by publication and did not appear, and the allegations of desertion were false (the separation was by mutual consent); and (3) a foreign divorce decree can be impeached for lack of jurisdiction or for fraud in its procurement. Consequently, Annie Cousins Hix remained the lawful wife and was entitled to her claims as the widow.

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