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    Wilberto C. Talisic, vs. Atty. Primo R. Rinen

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    L-Shy Kïm
    Wilberto Talisic filed an administrative case against attorney Primo Rinen for falsifying an extrajudicial partition deed that allowed the transfer of land owned by Wilberto's mother to new owners. Wilberto believed his signature and those of his siblings were forged on the deed. The investigating commissioner recommended cancelling Rinen's notary commission and suspending him from notarial practice for one year, which the IBP board of governors affirmed. The Court affirmed the IBP decision, holding Rinen administratively liable. As a notary public, Rinen failed to properly verify the identities of all parties who purportedly signed the document, as required, showing negligence in discharging his duties.

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    Wilberto C. Talisic, vs. Atty. Primo R. Rinen

    Uploaded by

    L-Shy Kïm
    57 views1 page
    Wilberto Talisic filed an administrative case against attorney Primo Rinen for falsifying an extrajudicial partition deed that allowed the transfer of land owned by Wilberto's mother to new owners. Wilberto believed his signature and those of his siblings were forged on the deed. The investigating commissioner recommended cancelling Rinen's notary commission and suspending him from notarial practice for one year, which the IBP board of governors affirmed. The Court affirmed the IBP decision, holding Rinen administratively liable. As a notary public, Rinen failed to properly verify the identities of all parties who purportedly signed the document, as required, showing negligence in discharging his duties.

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    Wilberto Talisic filed an administrative case against attorney Primo Rinen for falsifying an extrajudicial partition deed that allowed the transfer of land owned by Wilberto's mother to new owners. Wilberto believed his signature and those of his siblings were forged on the deed. The investigating commissioner recommended cancelling Rinen's notary commission and suspending him from notarial practice for one year, which the IBP board of governors affirmed. The Court affirmed the IBP decision, holding Rinen administratively liable. As a notary public, Rinen failed to properly verify the identities of all parties who purportedly signed the document, as required, showing negligence in discharging his duties.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    57 views1 page

    Wilberto C. Talisic, vs. Atty. Primo R. Rinen

    Uploaded by

    L-Shy Kïm
    Wilberto Talisic filed an administrative case against attorney Primo Rinen for falsifying an extrajudicial partition deed that allowed the transfer of land owned by Wilberto's mother to new owners. Wilberto believed his signature and those of his siblings were forged on the deed. The investigating commissioner recommended cancelling Rinen's notary commission and suspending him from notarial practice for one year, which the IBP board of governors affirmed. The Court affirmed the IBP decision, holding Rinen administratively liable. As a notary public, Rinen failed to properly verify the identities of all parties who purportedly signed the document, as required, showing negligence in discharging his duties.

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    © All Rights Reserved
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    WILBERTO C. TALISIC, VS. ATTY. PRIMO R.

    RINEN
    A.C. No. 8761, February 12, 2014

    FACTS:

    An administrative case instituted by complainant against Atty. Primo R. Rinen,


    charging the latter with falsification of an Extra Judicial Partition with Sale which
    allowed the transfer to spouses Benjamin Durante and Eleonor Laviña (Spouses
    Durante) of a parcel of land formerly owned by Wilberto's mother. Wilberto
    believed that his father's signature on the deed was authentic, his and his
    siblings' supposed signatures were merely forged. Wilberto also pointed out that
    even his name was erroneously indicated in the deed as "Wilfredo". Atty. Rinen
    denied the charge against him. Investigating Commissioner recommended for the
    cancellation of Atty. Rinen's notarial commission and his suspension from
    notarial practice for a period of one year to which the IBP Board of Governors
    affirmed.

    ISSUE:
    Whether or not Atty. Rinen is administratively liable.

    HELD:
    Yes. He is administratively liable. The Court affirms the decision of the IBP of
    Board of Governors.
    A notary public's function should not be trivialized and a notary public must
    discharge his powers and duties which are impressed with public interest, with
    accuracy and fidelity. Towards this end, the Court emphasized in Bautista v. Atty.
    Bernabe that "[a] notary public should not notarize a document unless the persons
    who signed the same are the very same persons who executed and personally
    appeared before him to attest to the contents and truth of what are stated therein.
    The presence of the parties to the deed will enable the notary public to verify the
    genuineness of the signature of the affiant.
    In the present case, Atty. Rinen did not deny his failure to personally verify the
    identity of all parties who purportedly signed the subject document and whom, as
    he claimed, appeared before him on April 7, 1994. Such failure was further
    shown by the fact that the pertinent details of the community tax certificates of
    Wilberto and his sister, as proof of their identity, remained unspecified in the
    subject deed's acknowledgment portion. Clearly, there was a failure on the part of
    Atty. Rinen to exercise the due diligence that was required of him as a notary
    public ex-officio.

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