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    Legal Mandate and National Policy of Cooperatives

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    Marjorie Parayno
    The document establishes the legal mandate and national policy for cooperatives in the Philippines. It creates the Cooperative Development Authority under the President's Office to promote cooperatives as instruments of equity, social justice, and economic development. The Authority is governed by a Board of Administrators appointed by the President and has powers to register cooperatives, mediate disputes, prioritize cooperative banking, conduct education campaigns, and promulgate rules to implement the Act.

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    Legal Mandate and National Policy of Cooperatives

    Uploaded by

    Marjorie Parayno
    159 views21 pages
    The document establishes the legal mandate and national policy for cooperatives in the Philippines. It creates the Cooperative Development Authority under the President's Office to promote cooperatives as instruments of equity, social justice, and economic development. The Authority is governed by a Board of Administrators appointed by the President and has powers to register cooperatives, mediate disputes, prioritize cooperative banking, conduct education campaigns, and promulgate rules to implement the Act.

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    Legal-Mandate-and-National-Policy-of-Cooperatives

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    The document establishes the legal mandate and national policy for cooperatives in the Philippines. It creates the Cooperative Development Authority under the President's Office to promote cooperatives as instruments of equity, social justice, and economic development. The Authority is governed by a Board of Administrators appointed by the President and has powers to register cooperatives, mediate disputes, prioritize cooperative banking, conduct education campaigns, and promulgate rules to implement the Act.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    159 views21 pages

    Legal Mandate and National Policy of Cooperatives

    Uploaded by

    Marjorie Parayno
    The document establishes the legal mandate and national policy for cooperatives in the Philippines. It creates the Cooperative Development Authority under the President's Office to promote cooperatives as instruments of equity, social justice, and economic development. The Authority is governed by a Board of Administrators appointed by the President and has powers to register cooperatives, mediate disputes, prioritize cooperative banking, conduct education campaigns, and promulgate rules to implement the Act.

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    of 21

    Legal Mandate

    and National
    Policy of
    Cooperatives
    Section 1: Declaration of
    Policy

    In fulfillment of the mandate in Section


    15, Article XII of the Constitution, it is
    hereby declared the State's policy to
    promote the viability and growth of
    cooperatives as instruments of equity,
    social justice, and economic
    development, and to establish an
    agency.
    Sectio 2: Creation of the
    Cooperative Development

    The Cooperative Development


    Authority is established under
    the President's Office to carry
    out the provisions of this Act.
    Section 3: Powers, Function
    and Responsibility

    The Authority shall follow the


    powers, function, and
    responsibilities
    such as:
    Section 4:
    Governing Body
    The Authority will be governed by a Board of
    Administrators comprised of a Chairman and six (6)
    members appointed by the President, all of whom will be
    chosen from among cooperative sector nominees, with
    two (2) representatives each from Luzon, Visayas, and
    Mindanao. They shall serve for a term of six (6) years
    without reappointment: provided, however, that the
    Chairman shall serve for a term of six (6) years, three (3)
    members for a term of four (4) years, and three (3)
    members for a term of two (2) years among those first
    appointed.
    Section 5: Qualifications
    of Members of the
    Governing Board
    No person shall be appointed
    Chairman or member of the Board of
    Administrators unless he possesses the
    following qualifications:

    A natural-born Filipino citizen of legal


    age;
    Have a Bachelor Degree or have
    experience as an official officer of a
    cooperative
    Must be a resident of the region he
    represents for at least five (5) years.
    Section 6: Board of
    Administrators Meeting
    The Board of Administrators must meet at least
    once a month to conduct its regular business.
    The Chairman or a majority of the members
    may call special meetings to discuss specific
    issues. A decision will require a majority vote of
    the entire Board. All meetings of the Board shall
    be held at the Board's headquarters in Metro
    Manila or at any other location determined by
    the Board.
    The Board of Administrators shall appoint an
    Executive Director to serve as the Authority's
    chief operating officer, with compensation
    determined by the Board of Administrators.
    Section 7: Organization of
    the Authority

    The Authority shall be


    organized within one hundred
    twenty (120) days from the
    effectivity of this Act.
    Section 8: Mediation and
    Concialation

    Upon request of either or both parties,


    the Authority shall mediate and
    conciliate disputes within a cooperative
    or between cooperatives: Provided,
    That if no mediation or conciliation
    succeeds within three (3) months from
    request thereof, a certificate of non-
    resolution shall be issued by the
    commission prior to the filing of
    appropriate action before the proper
    courts.
    Section 9: Power to
    Register Cooperatives

    The power to register


    cooperatives shall be vested
    solely on the Authority. The
    functions of the following
    departments and agencies
    relating to the registration of
    cooperatives as such are
    hereby transferred to the
    Authority:
    Section 10: Transfer of
    Funds and Programs
    The Authority takes over the
    function of the Fund for
    Management Training and
    Assistance Program, which
    was granted to the
    Department of Agriculture by
    Presidential Decree No. 175,
    as amended..
    Section 11:
    Cooperative in
    Education System
    The history, philosophy,
    principles and practices of
    cooperatives and their role as a
    factor in the national economy
    shall be disseminated both in
    formal and non-formal
    education.
    Section 12: Cooperative
    in Banking System
    The Authority will prioritize the
    promotion and development of
    cooperative banks as part of the
    Philippine banking system, and
    will implement the necessary
    program in collaboration with
    the Central Bank of the
    Philippines and the cooperative
    sector concerned.
    Section 13: Rule
    Making Authority
    The Authority is hereby authorized
    to issue, following a public hearing
    and approval by the President, any
    rules and regulations necessary to
    carry out the provisions of this Act.
    Such implementing rules and
    regulations shall take effect fifteen
    (15) days after publication in the
    Official Gazette or two (2) general
    circulation publications.
    Section 14: Prohibtion

    No organization shall be allowed to use the


    title “cooperative” in its name unless it
    follows all generally accepted cooperative
    principles, applicable cooperative laws, and
    is duly registered under this Act: Provided,
    That organizations which have used the
    word “cooperative” as part of their
    nomenclature but which do not qualify as
    cooperatives under the provisions of this
    Act shall have three (3) years within which
    to qualify and to register with the Authority.
    Section 14: Information
    Campaign

    The Cooperative Development


    Authority is tasked with
    conducting a six-month
    information campaign on the
    provisions of this Act, beginning
    three (3) months after the Act
    goes into effect.
    Section 15: Appropriations

    The funds required to carry out the


    provisions of this Act shall be charged to
    the current General Appropriations Act
    appropriations of the Bureau of
    Agricultural Cooperatives Development
    and the Regional Cooperative
    Development Assistance Offices of
    Regions IX and XII, in addition to the
    appropriations of other
    departments/agencies/funds whose
    functions/programs are transferred to the
    Authority.
    Section 17: Transitory
    Provision
    All cooperatives registered under Presidential Decree Nos. 175 and 775,
    and Executive Order No. 898 shall be deemed registered with the
    Cooperative Development Authority: Provided, however, That they shall
    submit to the nearest Cooperative Development Authority office their
    certificates of registration, copies of their articles of incorporation and
    bylaws, and their latest duly audited financial statements within one (1)
    year from effectivity of this Act, otherwise, their registration shall be
    cancelled: Provided, further, That cooperatives created under
    Presidential Decree No. 269, as amended by Presidential Decree No. 1645,
    shall be given three (3) years within which to qualify and register with the
    Authority: Provided, finally, That after these cooperatives shall have
    qualified and registered, the provisions of Sections 3 and 5 of Presidential
    Decree No. 1645 shall no longer be applicable to the said cooperatives.
    Section 18: Repeals

    All acts, general orders, executive


    orders, letters of implementation,
    letters of instruction, regulations or
    circulars, or parts thereof, inconsistent
    with any of the provisions of this Act are
    hereby repealed or modified
    accordingly. In case of doubt, the same
    shall be resolved in favor of the
    cooperatives.
    Section 19: Separability

    If for any cause any part of this Act is


    declared unconstitutional, the rest of
    the provisions shall remain in force
    and effect.
    50

    Section 20: Effectivity 40

    This Act shall take effect 30


    fifteen (15) days after its
    publication in the Official
    Gazette or in a newspaper of 20

    general circulation.
    10

    0
    Item 1 Item 2 Item 3 Item 4 Item 5

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