G.R. No. A.C. No. 8761, February 12, 2014
Wilberto C. Talisic, Complainant, vs. Atty. Primo R. Rinen, Respondent.

FACTS

Complainant Wilberto C. Talisic charged respondent Atty. Primo R. Rinen with falsification of an Extra Judicial Partition with Sale, which transferred a parcel of land formerly owned by Wilberto’s mother, Aurora Corpuz, to spouses Benjamin Durante and Eleonor Lavifia. Aurora died in 1987, leaving her spouse and three children, including Wilberto. After his father’s death in 2000, Wilberto discovered the transfer. He claimed that while his father’s signature on the deed was authentic, the signatures of him and his siblings were forged, and his name was erroneously indicated as “Wilfredo.” Atty. Rinen, then a Presiding Judge, denied the charge, explaining that the parties approached him on April 7, 1994, to have the deed prepared and notarized. His clerk of court prepared the deed, and the parties were ushered to his office for the administration of oath. The deed contained his certification that no notary public was available to expedite the transaction, and notarial fees were covered by a receipt from the Municipal Treasurer.

ISSUE

Whether Atty. Primo R. Rinen violated his duties as a notary public, warranting administrative sanction.

RULING

Yes. The Supreme Court adopted the findings and recommendation of the Integrated Bar of the Philippines (IBP). Atty. Rinen failed to exercise due diligence as a notary public ex-officio. He did not personally verify the identity of all parties who purportedly signed the document and appeared before him, as evidenced by the unspecified details of the community tax certificates of Wilberto and his sister in the acknowledgment portion. There were also inconsistencies in the dates on the deed (execution in 1994, notarized in 1995, entered as Series of 1992 in the notarial book). His role as a trial court judge did not exempt him from the standards and obligations of a notary public, and he could not rely on his clerk of court to perform these responsibilities. Notarization is invested with public interest and converts a private document into a public one; thus, notaries public must observe the basic requirements with utmost care. The Court revoked Atty. Rinen’s notarial commission (if any), disqualified him from being commissioned as a notary public for one year, effective immediately, and warned him that a repetition would merit a more severe sanction.