Executive Order No. 5




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ EXECUTIVE ORDER NO. 5, September 16, 2022 ] TRANSFERRING THE ATTACHMENT OF THE TECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY FROM THE DEPARTMENT OF TRADE AND INDUSTRY TO THE DEPARTMENT OF LABOR AND EMPLOYMENT WHEREAS, Republic Act (RA) No. 7796 or the "Technical Education and Skills Development Authority (TESDA) Act of 1994," declared it a 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 human resources; WHEREAS, RA No. 7796 created the TESDA as the primary agency responsible for formulating continuing, coordinated and fully integrated technical education and skills development policies, plans and programs, taking into consideration improved linkages between industry, labor and government in the formulation of any national-level plan; WHEREAS, pursuant to RA No. 7796, the TESDA replaced and absorbed the powers and functions of the then National Manpower and Youth Council and the apprenticeship program of the Bureau of Labor Employment under the Department of Labor and Employment (DOLE); WHEREAS, Executive Order (EO) No. 1 (s. 2016) placed the TESDA under the supervision of the Cabinet Secretary, and EO No. 67 (s. 2018) transferred the supervision over the TESDA to the Department of Trade and Industry (DTI); WHEREAS, under Section 2, Chapter 1, Title VII, Book IV of EO No. 292 or the "Administrative Code of 1987," the DOLE shall be the primary policy-making, programming, coordinating and administrative entity in the field of labor and employment, responsible for the promotion of gainful employment opportunities and the optimization of the development and utilization of the country's human resources; WHEREAS, it its the policy of the National Government to rationalize the functional structures of agencies with complementary mandates and promote coordination, efficiency and organizational coherence in the bureaucracy; and WHEREAS, Section 17, Article VII of the Constitution vests in the President the power of control over all executive departments, bureaus and offices; NOW, THEREFORE, I, FERDINAND R. MARCOS, JR., President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order: Section 1. Transfer of the TESDA. The TESDA is hereby attached to the DOLE for policy and program coordination.ℒαwρhi৷ Section 2. Powers and Functions. The Secretary of Labor and Employment shall be the Chairperson of the TESDA Board pursuant to Section 7 of RA No. 7796. The TESDA Board and its Secretariat shall perform their respective functions in accordance with Sections 8 and 10 of RA No. 7796. Section 3. Classification and Compensation Structure. Consistent with Section 16 of RA No. 7796, the position classification and compensation structure applicable to the officials and employees of the TESDA shall comply with the salary standardization law and other applicable laws. Nothing herein shall be construed to diminish or impair any lawful compensation or benefits that are currently being enjoyed by incumbent officials and employees. Section 4. Separability. Should any part or provision of this Order be held unconstitutional or invalid, the other provisions not affected thereby shall continue to be in force and effect. Section 5. Repeal. The relevant provisions of Executive Order No. 67 (s. 2018) pertaining to the TESDA, as well as all other orders, rules and regulations, which are inconsistent with this Order, are hereby revoked, amended or modified accordingly. Section 6. Effectivity. This Order shall take effect immediately. Done in the City of Manila, this 16th day of September, in the year of Our Lord, Two Thousand and Twenty Two. (SGD.) FERDINAND R. MARCOS, JR. By the President: (SGD.) VICTOR D. RODRIGUEZ Executive Secretary The Lawphil Project - Arellano Law Foundation