NATIONAL LAND TITLES AND DEEDS

REGISTRATION ADMINISTRATION
(NALTDRA) VS CIVIL SERVICE
COMMISSION (CSC) AND VIOLETA L.
GARCIA
221 SCRA 145
Facts:
Respondent Violeta Garcia, a Bachelor of Law and a
first-grade civil service eligible was appointed in the
Land Registration Commission (LRC) as Deputy
Register of Deeds VII under permanent status from
1977 to September 1984.

However, E.O. no. 649 which took effect on February 9,

1981, authorized the restructuring of the LRC to the
National Land Titles and Deeds Registration
Administration (NALTDRA).
Facts:
◦E.O. no. 649 was
enacted to improve the
services and better
systematize the
operation of the LRC.
◦A reorganization was
carried out in good faith
if it was for the purpose
of economy or to make
bureaucracy more
 Facts:
◦ However, as the result of the reorganization,
Violeta Garcia’s employment status became
temporary for not being a member of the
Philippine Bar.
◦ She, therefore, appealed to the Secretary of
Justice but was denied. Garcia moved for
reconsideration but her motion remained
unacted. And, on October 23, 1984, she was
administratively charged with Conduct
Prejudicial to the Best Interest of the Service.
 Facts:
◦ In a memorandum dated October 30, 1986, the
then Minister, now Secretary, of Justice notified
petitioner Garcia of the termination of her
services as Deputy Register of Deeds II on the
ground that she was “receiving bribe money.”
◦ Said Memorandum of Termination which took
effect on February 9, 1987, was the subject of an
appeal to the Inter-Agency Review Committee
which in turn referred the appeal to the Merit
Systems Protection Board (MSPB).
◦ In it’s order dated July 6, 1987, the MSPB
dropped the appeal of petitioner Garcia on the
ground that since the termination of her services
was due to the expiration of her temporary
appointment, her separation is in order. Her
motion for reconsideration was denied on similar
ground.
 ◦ The CSC in it’s resolution dated June 30,
1988, directed that the private respondent
Garcia to be restored to her position as
Deputy Register Deeds II or it’s equivalent in
NALTDRA. It held that, “under the vested
right theory the new requirement of BAR
membership to qualify for permanent
appointment as Deputy Register of Deeds II
or higher as mandated under said Executive
Facts: Order, would not apply to her (private
respondent Garcia) but to the filing up of
vacant lawyer position, on or after February
9,1981, the date said Executive Order took
effect.”
◦ A fortiori, since private respondent Garcia has
been holding the position of Deputy Register
of Deeds II from 1977 to September 1984,
she should not be affected by the Executive
Order no. 649a
 ◦ Petitioner NALTDRA filed the present
petition to assail the validity of the
Facts: resolution of the CSC. It contends that
the sections 8 and 10 of E.O. no. 649
abolished all existing positions in the
LRC and transferred their functions to
the appropriate new offices created by
said E.O., which newly created offices
required the issuance of new
appointments to qualified office holders.
◦ Verily, E.O. no. 649 applies to private
responder Garcia, and not being a
member of the Bar, cannot be reinstated
to her former position of Deputy Register
of Deeds II.
 Issue:

◦ Whether or not membership in the Bar, which is the qualification

requirement prescribed for appointment to the position of Deputy
Register of Deeds under Section 4 of Executive Order no. 649
(reorganizing the LRC into the NALTDRA) should be required of and/or
applied only to new applicants and not those who were already in the
service of LRC as Deputy Register of Deeds at the time of the issuance
and implementation of the above said Executive Order.
Ruling:
◦ Yes, E.O. no. 649 should be applied.
◦ The new qualification was not intended to remove her from office, rather it was
criterion-imposed concomitant with a valid reorganization measure. A
reorganization is carried out in good faith if its purpose if for economy or
efficiency.
◦ In this case, E.O. no. 649 was enacted to improve the services and better
systematize the operation of LRC. To this end, the requirement of Bar
membership to qualify for key positions in the NALTDRA was imposed to meet
the changing circumstances and new development of times.
◦ Private Respondent Garcia who formerly held the position Deputy Register of
Deeds II who was not a member of the Bar, the minimum requirement to qualify
under the reorganization law, cannot be reinstated to her former posisition.
Ruling:
◦ WHEREFORE, premises
considered, We hereby
GRANT the petition and
SET ASIDE the questioned
Resolution of the Civil
Service Commission
reinstating private
respondent to her former
position as Deputy Register
of Deeds II or its equivalent
in the National Land Titles
and Deeds Registration
Administration.