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 of1994"
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 thedevelopment
of high quality Filipino middle-level manpower responsive to and in
accordance
withPhilippine
development goals and priorities.cralaw:red
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:red
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:red
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:red
SEC. 6. Composition of
the Authority. - The Authority shall be composed of the TESDA Board
and theTESDA
Secretariat.cralaw:red
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:red
The President of the Philippines
may, however, revise the membership of the TESDA Board, wheneverthe President deems it
necessary
for the effective performance of the Board's functions through an
administrative order.cralaw:red
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:red
The benefits, privileges
and emoluments of the Board shall be consistent with existing laws and
rules.cralaw:red
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
developmentpolicies, 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:red
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:red
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:red
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:red
As Chief Executive Officer
of the TESDA Secretariat, the Director-General shall exercise general
supervision and control
over
its technical and administrative personnel.cralaw:red
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:red
The Deputy Directors-General
shall enjoy the benefits, privileges and emoluments equivalent to the
rank
of Assistant Secretary.cralaw:red
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:red
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:red
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:red
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:red
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:red
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:red
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:red
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:red
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:red
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:red
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:red
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:red
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:red
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:red
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:red
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:red
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:red
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:red
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:red
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:red
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:red
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:red
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:red
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:red
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:red
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:red
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:red
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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