THIRD REGULAR SESSION Flashcards
TO ANSWER
- It is hereby declared the policy of the state to promote the viability and growth of cooperatives as instruments of equity, social justice and economic development and to create agency, in fulfillment of the mandate in section in Section 15, Article XII of the 1987 Constitution.
SECTION 2. DECLARATION OF POLICY
- The CDA created under Republic Act No.6939, hereinafter referred to as the Authority, is hereby strengthened and recognize to carry out the provisions of this Act and those of Republic Act No. 9520, otherwise known as the “Philippine Cooperative Code of 2008.”
SECTION 3. COOPERATIVE DEVELOPMENT AUTHORITY
- This act shall be known as the “Cooperative Development Authority Charter of 2019”.
SECTION 1. SHORT TITLE
- The Authority shall have a Board of Directors, which shall be the collegial policy making body of the Authority. It shall be composed of the Chairperson, with the rank and privilege of an Undersecretary, and (6) six Member of the Board, with the rank and privilege of an Assistant Secretary, ah of whom shall be appointed by the President of the Philippines and chosen among the nominees from the cooperative sector. There shall be (1) board of director from each of the following cluster of cooperative.
SECTION 5. THE BOARD OF DIRECTORS
- The Chairperson and the Members of the board must possess the following qualifications: (a) Natural born Filipino citizen; (b) Holder of any bachelor’s degree; (c) With five (5) experience as an officer of a cooperative in the cluster one represents; and (d) Must be resident of the Philippines for at least five (5) years prior to appointment.
SECTION 7. QUALIFICATIONS OF THE CHAIRPERSON AND THE MEMBERS OF THE BOARD
- The Authority shall have the following powers and functions.
SECTION 4. POWER, FUNCTIONS AND RESPONSIBILITIES
- The Board as a collegial body shall be responsible for policy formulation, strategic planning and direction setting of the agency and shall exercise the following powers and functions.
SECTION 6. POWERS AND FUNCTIONS OF THE BOARD
- The Chairperson and Members of the board shall serve for a term of six (6) years, without reappointment. Provided, that the Chairperson and the Members of the Board who has served the unfinished term of one he/she succeeded and has served for less than one half (1/2) of the full term shall be eligible for reappointment.
SECTION 8. TERM OF OFFICE
- The Chairperson and the Members of the Board may be removed from the office for cause.
SECTION 9. REMOVAL FROM OFFICE
- The Board shall meet at least once a month for the transaction of its regular business. Under exceptional circumstances, special meetings may be called by the Chairperson or majority of the Members to discuss and decide urgent matters. A majority vote by the entire Board shall be required for a decision.
SECTION 10. MEETING OF THE BOARD
- The Administrator of the Authority shall be appointed by the President of The Philippines, as recommended by the Board of Directors who shall have ranks of an Assistant Secretary, and shall execute and administer the executive policies, decisions, orders and resolutions approved by the Board and shall have general executive direction and supervision of the work and operation of the Authority.
SECTION 11. OFFICE OF ADMINISTRATOR AND THE DEPUTY ADMINISTRATOR
- The Administrator must possess the following qualifications: (a) Natural born Filipino citizen; (b) Holder of any bachelor’s degree; (c) Muss possess the necessary civil service eligibility; and (d) With five (5) years’ experience as an officer of a cooperative or official employee in a government office or NGO dealing with cooperatives.
SECTION 12. QUALIFICATIONS OF THE ADMINISTRATOR
- The Administrator of the Authority shall have the following powers and functions.
SECTION 13. POWERS AND FUNCTIONS OF THE ADMINISTRATOR
- The Authority shall furnish the Bureau of Internal Revenue (BIR), LGU which includes provinces, high urbanized and independent cities, and other concerned agencies a certificate list of duly registered cooperatives for purposes of processing tax exemptions.
SECTION 14. REGISTRATION FOR TAX EXEMPTION
- Except as provided for under Article 130 of Republic Act No. 9520, The use by any person or organization pf the word “cooperative”, “co-op”, “koop” in their business name, unless duly registered with the Authority, shall be prohibited and shall be penalized under Article 140 of Republic Act No. 9520, and Republic Act No. 9285.
SECTION 15. PROHIBITION
- As far as practicable, disputes between and among members, officers, and directors of cooperative shall be settled in accordance with Article137 of Republic Act No. 9520 and Republic Act No. 9285, and Section 4(u) of this Act.
SECTION 16. SETTLE OF DISPUTES
- The Authority in partnership with learning and training institutions with the cooperative sector, shall formulate standards of training requirements for cooperative officers and members to ensure compliance thereof.
SECTION 17. TRAINING STANDARDS FOR COOPERATIVE OFFICERS AND MEMBERS
- A strong Partnership between Authority and cooperative sector and the academe shall be established in implementing the developmental functions of the Authority as stated in Section 4, paragraphs (a), (b), (aa), (bb), (cc), (dd), (ee), (ii), and (jj). And Section 17 of this act to ensure the maximum participation of the cooperative sectors on matters of government plans, projects and policies affecting cooperatives.
SECTION 18. PARTNERSHIP WITH COOPERATIVE SECTOR
- The history, philosophy, concepts, values, principles, and practices of cooperatives and their role in nation building, shall be part of the curriculum of both formal and nonformal education.
SECTION 19. COOPERATIVE IN THE EDUCATION SYSTEM
- The promotion and the development of agricultural, agrarian and aqua cooperatives: farmers, dairy, and fisherfolk and, in coordination with the Development of Agriculture (DA) ad its attached agencies and government-owned and controlled corporations (GOCCs), Department of Agrarian Reform (DAR), National Commission on Indigenous Peoples (NCIP) and other government agencies shall be a priority program of the Authority to ensure food security and reduce rural property.
SECTION 20. COOPERATIVE IN THE AGRICULTURE SECTOR AND FISHERY SECTOR
- The promotion and the development of cooperative banks, as part of banking system and of financial service cooperatives as defined in Republic Act No. 9520, shall be special concern of the Authority which shall undertake the necessary program in collaboration with the Banko Sentral ng Pilipinas (BSP) and the cooperative sector concerned.
SECTOR 21. COOPERATIVE IN BANKING SYSTEM
- Registered cooperatives shall secure necessary licenses, franchises, certificates of authority and permits from other appropriate agencies with jurisdiction over their activities, if required by other existing laws, rules and regulations.
SECTOR 22. COOPERATIVES ENGAGED IN SERVICES COVERED BY OTHER LAWS
- The Authority shall be reorganized within one hundred twenty (120) days from the effectivity of this Act in accordance with Republic Act. No. 6656, otherwise known as the “Act to Protect the Security of Tenure of Civil Service Officers and Employees in the Implementation of Government Reorganization.
SECTOR 23. REORGANIZATION OF THE AUTHORITY
- Upon the effectivity of this Act, the personnel of the Authority shall, unless removed for cause and after due process, continue to perform their duties and responsibilities without diminution of their rank, salaries and other emoluments.
SECTOR 24. TRANSITORY PROVISIONS