1/12/2020 Re: Financial Audit of Atty. Raquel G.

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Re: Financial Audit of Atty. Raquel G. Kho
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POSTED BY MOMLENE
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AT 3:27 AM

Facts: Atty. Kho is a former clerk of

court of the RTC in Eastern Samar. He was

found guilty of gross misconduct for his

failure to make a timely remittance of

judiciary funds in his custody. She was

fined P10k. Since his malfeasance prima

facie contravened Canon 1, Rule 1.01 of the

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Code of Professional Responsibility, the
Discover more than 450,000
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why he should not be disciplined as a

lawyer and as an officer of the court. In his

explanation, Atty. Kho admitted that his failure to make a timely remittance of the cash deposited

with him was inexcusable. He maintained, however, that he kept the money in the court’s safety

vault and never once used it for his own benefit.

Issue:

Whether Atty. Kho is guilty of violating Canon 1, Rule 1.01.

Held:

Atty. Kho’s apparent good faith and his ready admission of the infraction, although certainly
mitigating, cannot negate the fact that his failure to remit P65,000 in judiciary funds for over a

year was contrary to the mandatory provisions of OCA Circular 8A-93. That omission is a breach
of his oath to obey the laws as well as the legal orders of the duly constituted authorities and of
his duties under Canon 1, Rule 1.01 of the Code of Professional Responsibility.

Headlines
Canon 1 - A lawyer shall uphold the constitution, obey the laws of the land and promote

respect for law and for legal processes

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