G.R. No. 84301 . April 7, 1993.
NATIONAL LAND TITLES AND DEEDS REGISTRATION ADMINISTRATION, petitioner, vs. CIVIL SERVICE COMMISSION and VIOLETA L. GARCIA, respondents.

FACTS

Private respondent Violeta L. Garcia, a Bachelor of Laws graduate and a first grade civil service eligible, was appointed Deputy Register of Deeds II under permanent status in 1977. By virtue of Executive Order No. 649 (effective February 9, 1981), which reorganized the Land Registration Commission (LRC) into the National Land Titles and Deeds Registration Administration (NALTDRA), Garcia was issued a new appointment as Deputy Register of Deeds II on October 1, 1984, but under temporary status for not being a member of the Philippine Bar. Her services were later terminated. The Civil Service Commission, in its Resolution, directed her reinstatement to her former position or its equivalent, applying the “vested right theory” and holding that the new Bar membership requirement under E.O. No. 649 should not apply to her as she was already in the service before the Executive Order took effect. Petitioner NALTDRA assails this Resolution, contending that E.O. No. 649 abolished all existing positions in the LRC and required new appointments, and that Garcia, not being a Bar member, cannot be reinstated.

ISSUE

Whether the Bar membership qualification prescribed for appointment to the position of Deputy Register of Deeds under Section 4 of Executive Order No. 649 should be required of and applied to those who were already in the service of the LRC as deputy register of deeds at the time of the issuance and implementation of the said Executive Order.

RULING

The Supreme Court GRANTED the petition and SET ASIDE the questioned Resolution of the Civil Service Commission. The Court ruled that:
1. Executive Order No. 649 expressly provided for the abolition of all existing positions in the Land Registration Commission (LRC) upon the issuance of an implementing order. Abolition of a position is not removal; it means the post ceases to exist, and thus, there is no occupant and no tenure to speak of. The question of impairment of security of tenure does not arise.
2. The reorganization under E.O. No. 649 was pursued in good faith, as it was for the purpose of improving services and systematizing operations. The imposition of the Bar membership requirement for key positions like Deputy Register of Deeds II was a criterion concomitant with a valid reorganization to meet changing circumstances. Since Garcia was not a Bar member, she could not hold such a key position in the reorganized NALTDRA.
3. There is no vested property right to be re-employed in a reorganized office. No one has a vested right in an office or its salary. The position Garcia previously held was abolished. Not being a member of the Bar, which is the minimum requirement under the reorganization law for permanent appointment as Deputy Register of Deeds II, she cannot be reinstated without violating the express mandate of the law.