Law Summary
Leadership and Governance Structure
- The Secretary of Labor and Employment is designated as the Chairperson of the TESDA Board, pursuant to Section 7 of RA No. 7796.
- The TESDA Board and its Secretariat shall carry out their respective functions according to Sections 8 and 10 of RA No. 7796, ensuring adherence to established governance and operational protocols.
Compliance with Position Classification and Compensation Policies
- The classification and compensation of TESDA officials and employees must adhere to the salary standardization law and other applicable laws consistent with Section 16 of RA No. 7796.
- The Order explicitly safeguards the existing lawful compensation and benefits of incumbent officials and employees, ensuring these are not diminished or impaired by the transfer.
Policy Rationale and Constitutional Basis
- The transfer is grounded in the State’s policy to rationalize agency structures with complementary mandates for improved efficiency, coordination, and coherence in government operations.
- The President exercises constitutional control over executive departments pursuant to Section 17, Article VII of the 1987 Philippine Constitution, providing the legal authority for this organizational change.
Repeal and Amendment of Previous Executives Orders
- Executive Order No. 67 (s. 2018), which had previously transferred TESDA supervision to the Department of Trade and Industry (DTI), is revoked to the extent it conflicts with the current Order.
- All inconsistent orders, rules, and regulations are amended, modified, or revoked to effectuate this Order.
Severability Clause
- Should any provision of the Order be declared unconstitutional or invalid, the remaining provisions shall remain valid and effective.
Effectivity
- The Order takes effect immediately upon its issuance on September 16, 2022, ensuring no gap in the legal and administrative authority over TESDA.
Summary of Legal Context and Historical Background
- TESDA was created by RA No. 7796 to develop Filipino middle-level human resources through coordinated technical education and skills development, originally replacing the National Manpower and Youth Council and apprenticeship programs.
- Prior to this Order, TESDA was supervised by the Cabinet Secretary (EO No. 1, s. 2016) and then transferred to the DTI (EO No. 67, s. 2018).
- DOLE is mandated under the 1987 Administrative Code as the primary agency for labor and human resource development, making it the appropriate department for TESDA attachment.
- The realignment promotes synergy between labor policies and skills development programs essential for employment generation and economic development.