FLORA TABOADA, COMPLAINANT, VS. HON. JOSE CABRERA, CITY JUDGE OF TOLEDO CITY, RESPONDENT.

In a sworn letter-complaint dated May 15, 1975, Flora M. Taboada, with address at 120-A Llamas St., Cebu City, charged City Judge Jose Cabrera with breach of
his obligation to support their child, Cedric Taboada
Cabrera, and non-compliance with his promise to pay complainant the amount of
P24,000.00, representing her half share of their conjugal home in Cebu City.

According to the complaint, the complainant and the respondent
got married on August 15, 1967, the ceremony being performed at the Good
Shepherd Convent; that of this union a son, Cedric Cabrera, was born to them on
April 17, 1968; that the birth certificate was signed by herein respondent as
the father and the same was registered with the Civil Registrar of Manila; that
sometime in July 1967, complainant and respondent, using their joint savings,
constructed a house worth around P50,000.00 including the furnishings; that
they had agreed, since they started to live together, that the earnings of the
complainant would answer for the food, household expenses and such other
miscellaneous expenses while the respondent would pay for the amortization of
the house and the installments for the family car; that on October 19, 1970,
complainant left their dwelling and from that date respondent allegedly never
gave money to her for the support of their son; that in April 1972, respondent
signed an agreement promising to pay complainant the sum of P24,000.00 as her
share of their house and furnishings therein and a monthly support for their
son; that the complainant allegedly never received the sum of P24,000.00; and
that the respondent gave the complainant the sum of P200.00 monthly only for a
few months for the support of their son.^[1]

In his comment-explanation, the respondent Judge Cabrera denied
all the charges and claimed that respondent herein filed the complaint only for
the purpose of extorting money from him;
that the allegation that he failed to give support to Cedric Cabrera is
not true; that he has misgivings as to the paternity of the child but to avoid
scandal and embarrassment, he gave the herein complainant P200.00 a month
without her asking for it as early as 1970; that he stopped the allowance only
in October 1974 when complainant, Flora Taboada, gave
birth to another child in Cebu City; and that he
separated from complainant because of her unsavory conduct and reputation.^[2]

It appears clear that the
complainant is only seeking the help of this Court to collect sums of money
which respondent allegedly promised to pay her. 
Her charges against respondent Judge are without merit.  The complainant has other legal remedies to
compel the respondent to comply with his undertaking to pay the amount of
P24,000.00.  An administrative action
filed with this Court is not the proper procedure to obtain such a relief.

The respondent judge has
agreed to continue giving support to the complainant.  He
addressed to this Court the
following letter dated July 18, 1977.^[3]

“Sir:

Regarding Administrative Case No. 980-CTJ, I have the honor to ask
permission from the Honorable Court that I will be allowed to continue giving
the sum of P200.00 monthly to Dr. Flora Taboada whose
address is at Llamas Street
Cebu City.  This amount should be deducted to my monthly
salary begin­ning the month of August, 1977 by the Financial Officer of the
Supreme Court.

Hoping for your kind consideration from this matter.

Very truly yours,

(Sgd.) Jose
R. Cabrera”

WHEREFORE, the charges against the respondent, Jose R. Cabrera, City Judge of Toledo
City, are hereby dismissed.

The Finance Officer of this Court is hereby directed to make a
monthly deduction of TWO HUNDRED PESOS
(P200.00) from the salary of the respondent and remit said amount to the
complainant at Llamas Street,
Cebu City
beginning the month of August 1977, for support of the child Cedric Cabrera.

Castro, C.J., Fernando, Teehankee, Barredo, Makasiar, Antonio, Muñoz Palma, Concepcion, Jr.,
Martin, Santos, and Guerrero, JJ., concur.

Aquino, J., took no part.

^[1]
Sworn letter-complaint of Flora M. Taboada, M. D.
dated May 15, 1975, Adm.
Matter No. 980-CTJ Folder, pp. 1-3;

^[2]
2nd Indorsement (comment-explanation) of City Judge
Jose R. Cabrera, dated July 1, 1975,
Ibid., pp. 7-9;

^[3] Folder, Ibid., (attached).