Devolving to the autonomous regional government of the autonomous region in muslim mindanao certain powers and functions of the technical education and skills development authority including the control and supervision over its offices, programs and projects in the region and for other purposes

Case Overview and Summary

Summary of Executive Order No. 317

Declaration of Policy (Section 1):
- Pursuant to the Constitution and Republic Act No. 6734, the National Government aims to ensure the full and expeditious devolution of powers and functions necessary for the governance of the Autonomous Regional Government (ARG) of the Autonomous Region in Muslim Mindanao (ARMM).

Transfer of Powers and Functions (Section 2):
- All programs and projects of the Technical Education and Skills Development Authority (TESDA), except the accreditation and certification programs, whether locally-funded or foreign-assisted, in the ARMM earmarked for or to be implemented in the region, including scholarships and grants, shall be transferred to the ARG, including their corresponding budgets and assets.

Budget and Appropriation (Section 3):
- The current budget of the TESDA earmarked for the four (4) provinces under the ARMM, in coordination with the Department of Budget and Management, shall be transferred to the ARG.

Standard Setting (Section 4):
- The ARG shall formulate regional rules and regulations in the implementation of programs and policies on technical vocational education and training in the region of autonomy in accordance with the standards prescribed by the TESDA.

Technical Assistance (Section 5):
- TESDA shall make available to the ARG such technical assistance as may be necessary to enable the ARG to carry out effectively the objectives of this Executive Order.

Quarterly Report (Section 6):
- A quarterly status report on the implementation of this Executive Order shall be submitted to the President by the ARG.

Memorandum of Agreement (Section 7):
- For the programs and projects of the TESDA not provided herein relating to special concerns which require bilateral implementation in the autonomous region, a Memorandum of Agreement shall be entered into between the TESDA and the ARG.

Implementing Rules (Section 8):
- The TESDA, in consultation with the ARG, shall issue the implementing rules and regulations of this Executive Order within sixty (60) days from its effectivity.

Transitory Provisions (Section 9):
- Such budget, personnel, properties, assets and liabilities, functions and pertinent records of the TESDA intended for and in the ARMM provinces, Bureau of Training on Vocational Education-Department of Education Culture and Sports (BTVE-DECS), ARMM and the Apprenticeship Program of the Bureau of Local Employment, Department of Labor and Employment (AP-BLEDOLE), ARMM are hereby transferred to the ARG for the TESDA-ARMM.
- During such period, not to exceed one year from the effectivity hereof, that the ARG is structuring, organizing, staffing, equipping and otherwise preparing the appropriate ARG office for the TESDA to discharge the full powers, functions and responsibilities devolved pursuant to RA 6734, the TESDA shall extend full assistance and support to the ARG to ensure the realization of the objectives of RA 7796 and this Order.

Separability Clause (Section 10):
- If, for any reason, any part or provision of this Executive Order shall be held unconstitutional or invalid, any part or provision herein which are not affected thereby shall continue to be in full force and effect.

Effectivity (Section 11):
- This Executive Order shall take effect fifteen (15) days after its publication in a national newspaper of general circulation and one local newspaper of general circulation in the ARMM.