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Philippine Labor Circular - Chan Robles Virtual Law Library

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This web page features the full text of the
Technical Education and Skills Development Act of 1994
[TESDA ACT OF 1994]
Republic Act No. 7796.

  
 

REPUBLIC ACT NO. 7796
    
AN ACT CREATING THE TECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY, PROVIDING FOR ITS POWERS, STRUCTURE AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Title. - This Act shall be known as the "Technical Education and Skills Development Act of 1994" or the "TESDA Act of 1994".

SEC. 2. Declaration of Policy. - I t is hereby declared the policy of the State to provide relevant, accessible, high quality and efficient technical education and skills development in support of the development of high quality Filipino middle-level manpower responsive to and in accordance with Philippine development goals and priorities.cralaw

The State shall encourage active participation of various concerned sectors, particularly private
enterprises, being direct participants in and immediate beneficiaries of a trained and skilled workforce, in providing technical education and skills development opportunities.cralaw

SEC. 3. Statement of Goals and Objectives. - It is the goal and objective of this Act to:

   Promote and strengthen the quality of technical education and skills development programs to attain international competitiveness;

   Focus technical education and skills development on meeting the changing demands for quality middle-level manpower;

   Encourage critical and creative thinking by disseminating the scientific and technical knowledge  base of middle-level manpower development programs;

   Recognize and encourage the complementary roles of public and private institutions in technical education and skills development and training systems; and

   Inculcate desirable values through the development of moral character with emphasis on work ethic, self-discipline, self-reliance and nationalism.

SEC. 4. Definition of Terms. - As used in this Act:

   "Skill" shall mean the acquired and practiced ability to carry out a task or job;

   "Skills Development" shall mean the process through which learners and workers are    systematically provided with learning opportunities to acquire or upgrade, or both, their ability, knowledge and behavior pattern required as qualifications for a job or range of jobs in a given occupational area;

   "Technical Education" shall refer to the education process designed at post-secondary and lower tertiary levels, officially recognized as non-degree programs aimed at preparing technicians, para-professionals and other categories of middle-level workers by providing them with a broad range of general education, theoretical, scientific and technological studies, and related job skills training;

   "Trade" shall mean any group of interrelated jobs or any occupation which is traditionally or officially  recognized as craft or artisan in nature requiring specific qualifications that can be acquired through work experience and/or training;

   "Middle-Level Manpower" refers to those:

   1.who have acquired practical skills and knowledge through formal or non-formal education and training equivalent to at least a secondary education but preferably at post-secondary education with a corresponding degree of diploma; or

   2.skilled workers who have become highly competent in their trade or craft as attested by industry;

   "Private Enterprises" refers to an economic system under which property of all kinds can be privately owned and in which individuals, alone or in association with another, can embark on a business activity. This includes industrial, agricultural, or agro-industrial establishments engaged in the production, manufacturing, processing, repacking or assembly of goods including service-oriented enterprises;

   "Trainers" shall mean persons who direct the practice of skills towards immediate improvement in  some task;

   "Trainors/trainers" shall mean persons who provide training to trainers aimed at developing the latter's capacities for imparting attitudes, knowledge, skills and behavior patters required for specific jobs, tasks, occupations or group of related occupations.

   "Trainees" shall mean persons who are participants in a vocational, administrative or technical training program for the purpose of acquiring and developing job-related skills;

   "Apprenticeship" training within employment with compulsory related theoretical instruction involving a contract between an apprentice and an employer on an approved apprenticeable occupation;

   "Apprentice" is a person undergoing training for an approved apprenticeable occupation during an apprenticeship agreement;

   "Apprenticeship Agreement" is a contract wherein a prospective employer binds himself to train the apprentice who in turn accepts the terms of training for a recognized apprenticeable occupation emphasizing the rights, duties and responsibilities of each party;

   "Apprenticeable Occupation" is an occupation officially endorsed by a tripartite body and approved for apprenticeable by the Authority;

   "Learners" refers to persons hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable. Learnership programs must be approved by the Authority;

   "User-Led" or "Market-Driven Strategy" refers to a strategy which promotes strengthened linkages between educational/training institutions and industry to ensure that appropriate skills and knowledge are provided by the educational system;

   "Dual System/Training" refers to a delivery system of quality technical and vocational education which requires training to be carried out alternately in two venues: in-school and in the production plant. In- school training provides the trainee the theoretical foundation, basic training, guidance and human formation, while in-plant training develops his skills and proficiency in actual work conditions as it continues to inculcate personal discipline and work values;

   "Levy Grant System" refers to a legal contribution from participating employers who would be beneficiaries of the program (often as a percentage of the payroll) which is subsequently turned over or rebated to enterprises offering employee training programs.cralaw

SEC. 5. Technical Education and Skills Development Authority; Creation. - To implement the policy
declared in this Act, there is hereby created a Technical Education and Skills Development Authority (TESDA), hereinafter referred to as the Authority, which shall replace and absorb the National Manpower  and Youth Council (NMYC), the Bureau of Technical and Vocational Education (BTVE) and the personnel and functions pertaining to technical-vocational education in the regional offices of the Department of Education, Culture and Sports (DECS) and the apprenticeship program of the Bureau of  Local Employment of the Department of Labor and Employment.cralaw

SEC. 6. Composition of the Authority. - The Authority shall be composed of the TESDA Board and the TESDA Secretariat.cralaw

SEC. 7. Composition of the TESDA Board. - The TESDA Board shall be composed of the following:

   The Secretary of Labor and Employment
   Chairperson
   Secretary of Education, Culture and Sports
   Co-Chairperson
   Secretary of Trade and Industry
   Co-Chairperson
   Secretary of Agriculture Member
   Secretary of Interior and Local Government
   Member
   Director-General of the TESDA Secretariat
   Member

In addition, the President of the Philippines shall appoint the following members from the private sector:
 
two (2) representatives, from the employer/industry organization, one of whom shall be a woman; three (3) representatives, from the labor sector, one of whom shall be a woman; and two (2) representatives  of the national associations of private technical-vocational education and training institutions, one of whom shall be a women. As soon as all the members of the private sector are appointed, they shall so organized themselves that the term of office of one-third (1/3) of their number shall expire every year. The member from the private sector appointed thereafter to fill vacancies caused by expiration of terms shall hold office for three (3) years.cralaw

The President of the Philippines may, however, revise the membership of the TESDA Board, whenever the President deems it necessary for the effective performance of the Board's functions through an
administrative order.cralaw

The TESDA Board shall meet at least twice a year, or as frequently as may be deemed necessary by
its Chairperson. In the absence of the Chairperson, a Co-Chairperson shall preside. In case any member  of the Board representing the Government cannot attend the meeting, he or she shall be regularly  represented by an undersecretary or deputy-director general, as the case may be, to be designated by  such member for the purpose.cralaw

The benefits, privileges and emoluments of the Board shall be consistent with existing laws and rules.cralaw

SEC. 8. Powers and Functions of the Board. - The Authority shall primarily be responsible for
formulating, continuing, coordinated and fully integrated technical education and skills development policies, plans and programs taking into consideration the following:

   The State policy declared herein of giving new direction and thrusts to efforts in developing the quality of Filipino human resource through technical education and skills development;

   The implementation of the above-mentioned policy requires the coordination and operation of policies, plans, and programs of different concerned sectors of Philippine society;

   Equal participation of representatives of industry groups, trade associations, employers, workers and government shall be made the rule in order to ensure that urgent needs and recommendations are readily addressed; and

   Improved linkages between industry, labor and government shall be given priority in the formulation  of any national-level plan.

   The Board, shall have the following powers:

     1. promulgate, after due consultation with industry groups, trade associations, employers,   workers, policies, plans, programs and guidelines as may be necessary for the effective implementation of this Act;

     2. organize and constitute various standing committees, subsidiary groups, or technical working groups for efficient integration, coordination and monitoring technical education and skills development programs at the national, regional, and local levels;

     3. enter into, make, execute, perform and carry-out domestic and foreign contracts subject to existing laws, rules and regulations.

     4. restructure the entire sub-sector consisting of all institutions and programs involved in the promotion and development of middle-level manpower through upgrading, merger and/or phase-out following a user-led strategy;

     5. approve trade skills standards and trade tests as established and conducted by private industries;

     6. establish and administer a system of accreditation of both public and private institutions;

     7. establish, develop and support institutions' trainors' training and/or programs;

     8. lend support and encourage increasing utilization of the dual training system as provided for by Republic Act. No. 7686;

     9. exact reasonable fees and charges for such tests and trainings conducted and retain such earnings for its own use, subject to guidelines promulgated by the Authority;

    10. allocate resources, based on the Secretariat's recommendations for the programs and subjects it shall undertake pursuant to approved National Technical Education and Skills Development Plan;

    11. determine and approve systematic funding schemes such as the Levy and Grant scheme for   technical education and skills development purposes;

    12. create, when deemed necessary, an Advisory Committee which shall provide expert and technical advice to the Board to be chosen from the academe and the private sector: Provided, That in case the Advisory Committee is created, the Board is hereby authorized to set aside a portion of its appropriation for its operation; and

    13. perform such other duties and functions necessary to carry out the provisions of this Act  consistent with the purposes of the creation of TESDA.cralaw

SEC. 9. Power to Review and Recommend Action. - The Authority shall review and recommend action
to concerned authorities on proposed technical assistance programs and grants-in-aid for technical  education or skills development, or both, including those which may be entered into between the  Government of the Philippines and other nations, including international and foreign organizations, both here and abroad.cralaw

SEC. 10. The TESDA Secretariat. - There is hereby created a Technical Education and Skills
Development Authority Secretariat which shall have the following functions and responsibilities:

   To establish and maintain a planning process and formulate a national technical education and skills development plan in which the member-agencies and other concerned entities of the Authority at various levels participate;

   To provide analytical inputs to policy decision-making of the Authority on allocation of resources and institutional roles and responsibilities as shall be embodied in annual agencies technical education and skills development plans, in accordance with the manpower plan for middle-level skilled worker as approved by the Authority;

   To recommend measures, and implement the same upon approval by the Authority, for the effective and efficient implementation of the national technical education and skills development plan;

   To propose to the Authority the specific allocation of resources for the programs and projects it shall undertake pursuant to approved national technical education and skills development plan;

   To submit to the Authority periodic reports on the progress and accomplishment of work programs of implementation of plans and policies for technical education and skills development;

   To prepare for approval by the Authority an annual report to the President on technical education and skills development;

   To implement and administer the apprenticeship program as provided for in Section 18 of his Act;

   To prepare and implement upon approval by the Authority a program for the training of trainers, supervisors, planners and managers as provided for in Section 23 of this Act;

   To enter into agreement to implement approved plans and programs and perform activities as shall implement the declared policy of this Act; and to perform such other functions and duties as may be assigned by the Board.cralaw

SEC. 11. Director-General. - The TESDA Secretariat shall be headed by a Director-General, who shall
likewise be a member of the TESDA Board. The Director-General shall be appointed by the President of the Philippines and shall enjoy the benefits, privileges and emoluments equivalent to the rank of  Undersecretary.cralaw

As Chief Executive Officer of the TESDA Secretariat, the Director-General shall exercise general  supervision and control over its technical and administrative personnel.cralaw

SEC. 12. Deputy Directors-General. - The Director-General shall be assisted by two (2) Deputy  Directors-General to be appointed by the President of the Philippines on recommendation of the TESDA  Board. One to be responsible for Vocational and Technical Education and Training and one to be  responsible for Policies and Planning.cralaw

The Deputy Directors-General shall enjoy the benefits, privileges and emoluments equivalent to the rank  of Assistant Secretary.cralaw

SEC. 13. Chief of Services for Administration. - The Director-General shall also be assisted by a Chief of  Services for Administration who shall be a Career Civil Service Official to be appointed by the TESDA  Board.cralaw

SEC. 14. Structural Organization and Personnel. - The TESDA Secretariat, in addition to the offices of  the Director-General, Deputy Director-General and Chief of Services for Administration shall be
composed of the following offices to be headed by an Executive Director to be appointed by the
Director-General and shall have the rank and emoluments of Director IV.cralaw

   Planning Office (PO) - The Planning Office shall be under the Office of the Deputy Director-General  and shall have the following functions:

     1. To design and establish planning processes and methodologies which will particularly enhance the efficiency of resource allocation decisions within the technical education and skills development sector;

     2. To lead in the preparation and periodic updating of a national plan for technical education and skills development which shall become the basis for resource allocation decisions within the sector;

     3. To conduct researchers, studies and develop information systems for effective and efficient  planning and policy making within the sector;

     4. To develop and implement programs and projects aimed at building up planning capabilities of  various institutions within the sector; and

     5. To perform such other powers and functions as may be authorized by the Authority.

   Skills Standards and Certification Office (SSCO) - The Skills Standards and Certification Office shall be under the office of the Deputy Director-General and shall have the following functions:

     1. To develop and establish a national system of skills standardization, testing and certification in the country;

     2. To design, innovate and adopt processes and methodologies whereby industry groups and workers' guilds take note on progressively the responsibility of setting skills standards for identified occupational areas, and the local government units actively participate in promoting skills standards, testing and certification;

     3. To establish and implement a system of accrediting private enterprises, workers' associations and guilds and public institutions to serve as skills testing venues;

     4. To conduct research and development on various occupational areas in order to recommend   policies, rules and regulations for effective and efficient skills standardization, testing and    certification system in the country; and

     5. To perform such other duties and functions as may be authorized.

   National Institute for Technical Vocational and Education Training (NITVET) - The National Institute for Technical Vocational and Education Training to be under the office of the Deputy Director-General and shall have the following functions:

     1. To serve as the research and development arm of the government in the field of the  technical-vocational education and training;

     2. To develop curricula and program standards for various technical-vocational education and training areas;

     3. To develop and implement an integrated program for continuing development of trainors,   teachers and instructors within the technical education and skills development sector;

     4. To develop programs and project which will build up institutional capabilities within the sector; and
     5. To perform such other powers and functions as may be authorized.

   Office of Formal Technical Vocational Education and Training (OFTVET) - The Office of Formal Technical Vocational Education and Training to be under the office of the Deputy Director-General and shall have the following functions:

     1. To provide policies, measures and guidelines for effective and efficient administration of formal  technical-vocational education and training programs implemented by various institutions in the country;

     2. To establish and maintain a system for accrediting, coordinating, integrating, monitoring and evaluating the different formal technical-vocational education and training programs vis-à-vis the approved national technical education and skills development plan;
 
     3. To establish and maintain a network of institutions engaged in institutionalized    technical-vocational education and training, particularly with local government units; and

     4. To perform such other duties and functions as may be authorized.

   Office of the Non-Formal Technical-Vocational Education and Training (ONFTVET) - The Office of the Non-Formal Technical-Vocational Education and Training to be under the office of the Deputy Director-General and shall have the following functions:

     1. To provide direction, policies and guidelines for effective implementation of non-formal community-based technical-vocational education and training;

     2. To accredit, coordinate, monitor and evaluate various non-formal technical-vocational education and training programs implemented by various institutions particularly, by local government units;

     3. To establish and maintain a network of institutions including local government units,    non-government organizations implementing non-formal, community-based technical-vocational education and training;

     4. To perform such other powers and functions as may be authorized.

   Office of Apprenticeship (OA) - The Office of Apprenticeship shall be under the office of the  Deputy Director-General and shall have the following functions:

     1. To provide direction, policies and guidelines on the implementation of the apprenticeship system;

     2. To accredit, coordinate, monitor and evaluate all apprenticeship schemes and program implemented by various institutions and enterprises;

     3. To establish a network of institutions and enterprises conducting apprenticeship schemes and  programs;

     4. To perform such other powers and functions as may be authorized.

   Regional TESDA Offices - The Regional TESDA Offices shall be headed by Regional Directors with the rank and emoluments of Director IV to be appointed by the President. The Regional TESDA Offices shall be under the direct control of the Director-General and shall have the following functions:

     1. To serve as Secretariat to Regional Technical Education Skills Development (TESDA) Committee;

     2. To provide effective supervision, coordination and integration of technical education and skills development programs, projects and related activities in their respective jurisdictions;

     3. To develop and recommend TESDA programs for regional and local-level implementation within the policies set by the Authority.

     4. To perform such other duties and functions as may be deemed necessary.cralaw

SEC. 15. The Provincial TESDA Offices. - The Provincial Offices shall be headed by Skill Development Officers who shall have the rank and emoluments of a Director III.cralaw

The Provincial TESDA Offices shall be under the direct control of the Director-General and shall have the  following functions:

1. To serve as Secretariat to Provincial TESDA Committees;

2. To provide technical assistance particularly to local government units for effective supervisions, coordination, integration and monitoring of technical-vocational education and training programs  within their localities;

3. To review and recommend TESDA Programs for implementation within their localities; and

4. To perform such other duties and functions as may be authorized. Furthermore, the TESDA Secretariat maybe further composed by such offices as may be deemed necessary by the Authority. The Director-General shall appoint such personnel necessary to carry out the objectives, policies and functions of the Authority subject to civil service laws, rules and regulations.cralaw

SEC. 16. Compliance with the Salaries Standardization Law. - The compensation  and emoluments of  the officials and employees of the Authority shall be in accordance with the salary standardization law  and other applicable laws under the national compensation and classification plan.cralaw

SEC. 17. Consultants and Technical Assistance, Publication and Research. - In pursuing its objectives, the Authority is hereby authorized to set aside a portion of its appropriation for the hiring of services of qualified consultants, and private organizations for research work and publication in the field of technical education and skills development. It shall avail itself of the services of other agencies of the Government as may be required.cralaw

SEC. 18. Transfer of the Apprenticeship Program. - The Apprenticeship Program of the Bureau of Local
Employment of the Department of Labor and Employment shall be transferred to the Authority which shall implement and administer said program in accordance with existing laws, rules and regulations.cralaw

SEC. 19. Technical Education and Skills Development Committees. - The Authority shall establish  Technical Education and Skills Development Committees at the regional and local levels to coordinate  and monitor the delivery of all skills development activities by the public and private sectors. These  committees shall likewise serve as the Technical Education and Skills Development Committees of the   Regional and local development councils. The compositions of the Technical Education and Skills  development Committees shall be determined by the Director-General subject to the guidelines to be
promulgated by the Authority.cralaw

SEC. 20. Skills Development Centers. - The Authority shall strengthen the network of national, regional  and local skills training centers for the purpose of promoting skills development. This network shall  include skills training centers in vocational and technical schools, technical institutes, polytechnic colleges, and all other duly accredited public and private dual system educational institutions. The technical education and skills development centers shall be administered and operated under such rules and regulations as may be established by the Authority in accordance with the National Technical Education  and Skills Development Plan.cralaw

SEC. 21. Formulation of a Comprehensive Development Plan for Middle-Level Manpower. - The Authority shall formulate a comprehensive development plan for middle-level manpower based on a national employment plan or policies for the optimum allocation, development and utilization of skilled workers for employment entrepreneurship and technology development for economic and social growth. This plan shall after adoption by the Authority be updated periodically and submitted to the President of the Philippines for approval. Thereafter, it shall be the plan for the technical education and skills development for the entire country within the framework of the National Development Plan. The Authority shall direct the TESDA Secretariat to call on its member-agencies, the private sector and the academe to assist in this effort. The comprehensive plan shall provide for a reformed industry-based training program including apprenticeship, dual training system and other similar schemes intended to:

   Promote maximum protection and welfare of the worker-trainee;

   Improve the quality and relevance and social accountability of technical education and skills development;

   Accelerate the employment-generation effort of the government; and

   Expand the range of opportunities for upward social mobility of the school-going population beyond  the traditional higher levels of formal education. All government and non-government agencies receiving financial and technical assistance from the government shall be required to formulate their respective annual agency technical education and skills development plan in line with the national technical education and skills development plan. The budget to support such plans shall be subject to review and endorsement by the Authority to the Department of Budget and Management. The Authority shall evaluate the efficiency and effectiveness of agencies skills development program and schemes to make them conform with the quantitative and qualitative objectives of the national technical education and skills development plan.cralaw

SEC. 22. Establishment and Administration of National Trade Skills Standards. - There shall be national  occupational skills standards to be established by TESDA-accredited industry committees. The Authority  shall develop and implement a certification and accreditation program in which private industry groups
and trade associations are accredited to conduct approved trade tests, and the local government units to promote such trade testing activities in their respective areas in accordance with the guidelines to be set by the Authority. The Secretary of Labor and Employment shall determine the occupational trades for  mandatory certification. All certificates relating to the national trade skills testing and certification system shall be issued by the Authority through the TESDA Secretariat.cralaw

SEC. 23. Administration of Training Programs. - The Authority shall design and administer training  programs and schemes the will develop the capabilities of public and private institutions to provide  quality and cost-effective technical education and skills development and related opportunities. Such  training programs and schemes shall include teacher's trainors' training, skills training for entrepreneur  development and technology development, cost-effective training in occupational trades and related   fields of employment, and value development as an integral component of all skills training programs.cralaw

SEC. 24. Assistance to Employers and Organizations. - The Authority shall assist any employer or  organization engaged in skills training schemes designed to attain its objectives under rules and  regulations which the Authority shall establish for this purpose.cralaw

SEC. 25. Coordination of All Skills Training Schemes. - In order to integrate the national skills  development efforts, all technical education and skills training schemes as provided for in this Act shall be coordinated with the Authority particularly those having to do with the setting of trade skills standards.  For this purpose, existing technical education and skills training programs in the Government and in the private sector, specifically those wholly or partly financed with government funds, shall be reported to the Authority which shall assess and evaluate such programs to ensure their efficiency and effectiveness.cralaw

SEC. 26. Industry Boards. - The Authority shall establish effective and efficient institutional
arrangements with industry boards and such other bodies or associations to provide direct participation of employers and workers in the design and implementation of skills development schemes, trade skills standardization and certification and such other functions in the fulfillment of the Authority's objectives.cralaw

SEC. 27. Incentives Schemes. - The Authority shall develop and administer appropriate incentive
schemes to encourage government and private industries and institutions to provide high-quality technical education and skills development opportunities.cralaw

SEC. 28. Skills Development Opportunities. - The Authority shall design and implement an effective and   efficient delivery system for quality technical education and skills development opportunities particularly in disadvantaged sectors, with new tools of wealth creation and with the capability to take on higher value-added gainful activities and to share equitably in productivity gains.cralaw

SEC. 29. Devolution of TESDA's Training Function to Local Governments. - In establishing the delivery  system provided for in the preceding Section, the Authority shall formulate, implement and finance a  specific plan to develop the capability of local government units to assume ultimately the responsibility for effectively providing community-based technical education and skills development opportunities: Provided, however, That there shall be formulated and implemented, an effective and timely retraining of TESDA personnel that would be affected by the devolution to ensure their being retained if the concerned local government units would not be able to absorb them.cralaw

SEC. 30. Skills Olympics. - To promote quality skills development in the country and with the view of  participating in international skills competitions, the Authority, with the active participation of private industries, shall organize and conduct annual National Skills Olympics. The Authority, through the
TESDA Secretariat, shall promulgate the necessary rules and guidelines for the effective and efficient  conduct of Annual National Skills Olympics and for the country's participation in internationals skills
olympics.cralaw

SEC. 31. The TESDA Development Fund. - A TESDA Development Fund is hereby established, to be
managed/administered by the Authority, the income from which shall be utilized exclusively in awarding  of grants and providing assistance to training institutions, industries, local government units for upgrading their capabilities and to develop and implement training and training-related activities. The contribution to the fund shall be the following:

   A one-time lump sum appropriation from the National Government;

   An annual contribution from the Overseas Workers Welfare Administration Fund, the amount of which should be part of the study on financing in conjunction with letter (D) of Section 34;

   Donations, grants, endowments, and other bequests or gifts, and any other income generated by the Authority.

       The TESDA Board shall be the administrator of the fund, and as such, shall formulate the     necessary implementing guidelines for the management of the fund, subject to the following:

       a) unless otherwise stipulated by the private donor, only earnings of private contributions shall  be used; and b) no part of the seed capital of the fund, including earnings, thereof, shall be used to underwrite expenses for administration.

       The Board shall appoint a reputable government-accredited investment institutions as fund manager, subject to guidelines promulgated by the Board.

SEC 32. Scholarship Grants. - The authority shall adopt a system of allocation and funding of
scholarship grants which shall be responsive to the technical education and skills development needs of  the different regions in the country.cralaw

SEC 33. TESDA Budget. - The amount necessary to finance the initial implementation of this Act shall  be charged against the existing appropriations of the NMYC and the BTVE. Thereafter, such funds as  may be necessary for the continued implementation of this Act shall be included in the annual General  Appropriations Act.cralaw

SEC 34. Transitory Provisions. - a) Within two (2) months after the approval of this Act, the President  shall, in consultation with the Secretary of Labor and Employment and the Secretary of Education,  Culture and Sports, appoint the private sector representatives of the TESDA Board.cralaw

   Within (3) months after the appointment of the private sector representatives, the President shall, upon the recommendation of the Board, appoint the General-Director.

   Within (4) months after the appointment of the Director General, the Board shall convene to  determine the organizational structure and staffing pattern of the Authority.

   Within (1) year after the organization of the Authority, the Board shall commission an expert group  on funding schemes for the TESDA Development Fund, as provided in Section 31, the results of which shall be used as the basis for appropriate action by the Board.

   The personnel of the existing National Manpower and Youth Council (NMYC) of the Department of Labor and Employment and the Bureau of Technical and Vocational Education (BTVE) of the Department of Education, Culture and Sports, shall, in a holdover capacity, continue to perform their respective duties and responsibilities and receive their corresponding salaries and benefits until such time when the organizational structure and staffing pattern of the Authority shall have been approved by the Board: Provide, That the preparation and approval of the said new organizational structure and staffing pattern shall, as far as practicable, respect and ensure the security of tenure and seniority rights affected government employees. Those personnel whose positions are not included in the new staffing pattern approved by the Board or who are not reappointed or who choose to be separated as a result of the reorganization shall be paid their separation or retirement benefits under existing laws.cralaw

SEC 35. Automatic review. - Every five (5) years, after the affectivity of this Act, an independent review panel composed of three (3) persons appointed by the President shall review the performance of the  authority and shall make recommendations, based on its findings to the President shall review the  performance of the Authority and shall make the recommendations, based on the findings to the  President and to both Houses of Congress.cralaw

SEC. 36. Implementing Rules and Guidelines. - The TESDA board shall issue, within a period of ninety  (90) days after the affectivity of this Act, the rules and regulations for the effective implementation of this Act. The TESDA Board shall submit tot he committees on Education, Arts and Culture of both Houses of Congress copies of the implementing rules and guidelines within (30) days after its promulgation. Any violation of this Section shall render the official/s concerned liable under R. A. No. 6713, otherwise knownas the "Code of Conduct and Ethical Standards for Public Officials and Employees" and other existing administrative and/or criminal laws.cralaw

SEC. 37. Repealing Clause. - All laws, presidential decrees, executive orders, presidential proclamations,  rules and regulations or part thereof contrary to or inconsistent with this Act are hereby repealed or  modified accordingly.cralaw

SEC. 38. Separability Clause. - If any provision of this Act is declared unconstitutional, the same shall  not affect the validity and effectivity of the other provisions hereof.

SEC. 39. Effectivity. - This Act shall take effect fifteen (15) days after its complete publication in two (2)newspapers of general circulation.

 

Approved:

 

(SGD.) JOSE DE VENECIA, JR.
Speaker of the HouseOf Representatives

(SGD.) EDGARDO J. ANGARA
President of the Senate
 

 

This Act, which is a consolidation of Senate Bill No. 1283 and House Bill No. 12194, was finally passed  by the Senate and the House of Representatives on August 23, 1994.

 

(SGD.) CAMILO L. SABIO
Secretary General
House of Representatives

(SGD.) EDGARDO E. TUMANGAN
Secretary of the Senate
 
 

Approved:  August 25, 1994
 

FIDEL V. RAMOS
President of the Philippines
 




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