REPUBLIC ACT NO. 7796 - AN
ACT CREATING THE TECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY,
PROVIDING FOR ITS POWERS, STRUCTURE AND FOR OTHER PURPOSES
Section 1. Title. — This Act shall be known as the "Technical
Educational and Skills Development Act of 1994" or the "TESDA Act of
1994."
Sec. 2. Declaration of Policy. — It 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.
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 work force, in
providing technical education and skills development opportunities.
Sec. 3. Statement of Goals and Objectives. — It is
the goal and objective of this Act to:
a) Promote and strengthen the quality of technical
education and skills development programs to attain international
competitiveness.
b) Focus technical education and skills development
on meeting the changing demands for quality middle-level manpower;
c) Encourage critical and creative thinking by
disseminating the scientific and technical knowledge base of
middle-level manpower development programs;
d) Recognize and encourage the complementary roles of
public and private institutions in technical education and skills
development and training systems; and
e) 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:
a) "Skill" shall mean the acquired and practiced
ability to carry out a task or job;
b) "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;
c) "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;
d) "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;
e) "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 a post-secondary education
with a corresponding degree or diploma; or
2) skilled workers who have become highly competent
in their trade or craft as attested by industry;
f) "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;
g) "Trainers" shall mean persons who direct the
practice of skills towards immediate improvement in some task;
h) "Trainors/trainers" shall mean persons who provide
training to trainers aimed at developing the latter's capacities for
imparting attitudes, knowledge, skills and behavior patterns required
for specific jobs, tasks, occupations or group of related occupations;pr
i) "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;
j) "Apprenticeship" training within employment with
compulsory related theoretical instructions involving a contract
between an apprentice and an employer on an approved apprenticeable
occupation;
k) "Apprentice" is a person undergoing training for
an approved apprenticeable occupation during an established period
assured by an apprenticeship agreement;
l) "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;
m) "Apprenticeable Occupation" is an occupation
officially endorsed by a tripartite body and approved for
apprenticeship by the Authority;
n) "Learners" refer to persons hired as trainees in
semi-skilled and other industrial occupations which are
non-apprenticeable. Learnership programs must be approved by the
Authority.
o) "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;
p) "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;
q) "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.
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.
Sec. 6. Composition of the Authority. — The
Authority shall be composed of the TESDA Board and TESDA Secretariat.
Sec. 7. Composition of the TESDA Board. — The
TESDA Board shall be composed of the following:phil
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 woman. As soon as all the members of the
private sector are appointed, they shall so organize 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.
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.
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.
The benefits, privileges and emoluments of the Board shall be
consistent with existing laws and rules.
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:
a) 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;
b) the implementation of the above-mentioned policy
requires the coordination and cooperation of policies, plans, and
programs of different concerned sectors of Philippine society;
c) 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
d) 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;lex
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 projects 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.
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.
SECTION 10. The TESDA Secretariat. — There is hereby
created a Technical Education and Skills Development Authority
Secretariat which shall have the following functions and
responsibilities:
a) 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;
b) 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 workers as
approved by the Authority;
c) 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;
d) 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;
e) to submit to the Authority periodic reports on the
progress and accomplishment of work programs of implementation of plans
and policies for technical educational and skills development;
f) to prepare for approval by the Authority an annual
report to the President on technical education and skills development;
g) to implement and administer the apprenticeship
program as provided for in Section 18 of this Act;
h) to prepare and implement upon approval by the
Authority a program for the training of trainers, supervisors, planners
and managers as provided for in Sec. 23 of this Act;
i) to enter into agreement to implement approved
plans and programs and perform activities as shall implement the
declared policy of this Act; and
j) to perform such other functions and duties as may
be assigned by the Board.
SECTION 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.
As Chief Executive Officer of the TESDA Secretariat, the
Director-General shall exercise general supervision and control over
its technical and administrative personnel.
SECTION 12. Deputy Director-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.
The Deputy Directors-General shall enjoy the benefits, privileges and
emoluments equivalent to the rank of Assistant Secretary.
SECTION 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.
SECTION 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.
a) 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 researches, 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 chanrob1es virtua1 1aw 1ibrary
5) to perform such other powers and functions as may
be authorized by the Authority.
b) 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.
c) 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 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 projects which will build
up institutional capabilities within the sector; and
5) to perform such other powers and functions as may
be authorized.
d) Office of Formal Technical Vocational Education
and Training (OFFVET). —
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-a-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.
e) 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.
f) 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 programs 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.
g) 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) Committees;
2) to provide effective supervision, coordination and
integration of technical education and skills development programs,
projects and related activities in their respective jurisdiction;
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.
SECTION 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.
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 supervision, 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 may be 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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
composition 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.
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.
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
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: t
a) promote maximum protection and welfare of the
worker-trainee;
b) improve the quality and relevance and social
accountability of technical education and skills development;
c) accelerate the employment-generation efforts of
the government; and
d) 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 programs and schemes to make them conform
with the quantitative and qualitative objectives of the national
technical education and skills development plan.
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.
Sec. 23. Administration of Training Programs. —
The Authority shall design and administer training programs and schemes
that 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.
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.
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.
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.
Sec. 27. Incentives Schemes. — The Authority shall
develop and administer appropriate incentives schemes to encourage
government and private industries and institutions to provide
high-quality technical education and skills development opportunities.
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.
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.
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 international skills olympics.
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) a one-time lump sum appropriation from the
National Government;
b) 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 Sec. 34;
c) donations, grants, endowments, and other bequests
or gifts, and
d) 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
institution 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.
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.
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.
b) Within three (3) months after the appointment of
the private sector representatives, the President shall, upon the
recommendation of the Board, appoint the Director-General.
c) Within four (4) months after the appointment of
the Director-General, the Board shall convene to determine the
organizational structure and staffing pattern of the Authority.
d) Within one (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 Sec. 31, the
results of which shall be used as the basis for appropriate action by
the Board.
e) 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: provided, 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 of 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.
Sec. 35. Automatic Review. — Every five (5) years,
after the effectivity 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 and to both Houses of Congress.
Sec. 36. Implementing Rules and Guidelines. — The
TESDA Board shall issue, within a period of ninety (90) days after the
effectivity of this Act, the rules and regulations for the effective
implementation of this Act.
The TESDA Board shall submit to the Committees on Education, Arts and
Culture of both Houses of Congress copies of the implementing rules and
guidelines within thirty (30) days after its promulgation.
Any violation of this Section shall render the official/s concerned
liable under R.A. No. 6713, otherwise known as the "Code of Conduct and
Ethical Standards for Public Officials, and Employees" and other
existing administrative and/or criminal laws.
Sec. 37. Repealing Clause. — All laws,
presidential decrees, executive orders, presidential proclamations,
rules and regulations or parts thereof contrary to or inconsistent with
this Act are hereby repealed or modified accordingly.
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 Clause. — This Act shall take
effect fifteen (15) days after its complete publication in two (2)
newspapers of general circulation.tai
Approved: August 25, 1994
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