THIRD REGULAR SESSION

Question 1

• 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.

Answer 1

SECTION 2. DECLARATION OF POLICY

Question 2

• 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.”

Answer 2

SECTION 3. COOPERATIVE DEVELOPMENT AUTHORITY

Question 3

• This act shall be known as the “Cooperative Development Authority Charter of 2019”.

Answer 3

SECTION 1. SHORT TITLE

Question 4

• 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.

Answer 4

SECTION 5. THE BOARD OF DIRECTORS

Question 5

• 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.

Answer 5

SECTION 7. QUALIFICATIONS OF THE CHAIRPERSON AND THE MEMBERS OF THE BOARD

Question 6

• The Authority shall have the following powers and functions.

Answer 6

SECTION 4. POWER, FUNCTIONS AND RESPONSIBILITIES

Question 7

• 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.

Answer 7

SECTION 6. POWERS AND FUNCTIONS OF THE BOARD

Question 8

• 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.

Answer 8

SECTION 8. TERM OF OFFICE

Question 9

• The Chairperson and the Members of the Board may be removed from the office for cause.

Answer 9

SECTION 9. REMOVAL FROM OFFICE

Question 10

• 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.

Answer 10

SECTION 10. MEETING OF THE BOARD

Question 11

• 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.

Answer 11

SECTION 11. OFFICE OF ADMINISTRATOR AND THE DEPUTY ADMINISTRATOR

Question 12

• 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.

Answer 12

SECTION 12. QUALIFICATIONS OF THE ADMINISTRATOR

Question 13

• The Administrator of the Authority shall have the following powers and functions.

Answer 13

SECTION 13. POWERS AND FUNCTIONS OF THE ADMINISTRATOR

Question 14

• 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.

Answer 14

SECTION 14. REGISTRATION FOR TAX EXEMPTION

Question 15

• 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.

Answer 15

SECTION 15. PROHIBITION

Question 16

• 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.

Answer 16

SECTION 16. SETTLE OF DISPUTES

Question 17

• 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.

Answer 17

SECTION 17. TRAINING STANDARDS FOR COOPERATIVE OFFICERS AND MEMBERS

Question 18

• 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.

Answer 18

SECTION 18. PARTNERSHIP WITH COOPERATIVE SECTOR

Question 19

• 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.

Answer 19

SECTION 19. COOPERATIVE IN THE EDUCATION SYSTEM

Question 20

• 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.

Answer 20

SECTION 20. COOPERATIVE IN THE AGRICULTURE SECTOR AND FISHERY SECTOR

Question 21

• 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.

Answer 21

SECTOR 21. COOPERATIVE IN BANKING SYSTEM

Question 22

• 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.

Answer 22

SECTOR 22. COOPERATIVES ENGAGED IN SERVICES COVERED BY OTHER LAWS

Question 23

• 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.

Answer 23

SECTOR 23. REORGANIZATION OF THE AUTHORITY

Question 24

• 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.

Answer 24

SECTOR 24. TRANSITORY PROVISIONS

Question 25

• The Amount of necessary to implement this Act shall be charge against the current year’s budget of the CDA. Thereafter, the amount necessary of its continued implementation shall be included in the annual General Appropriations Act.

Answer 25

SECTOR 25. APPROPRIATIONS

Question 26

• The Board shall, in consultation with the cooperative sector and other concerned government agencies, formulate the IRR with ninety (90) days upon the effectivity of this Act. The IRR shall take effect within fifteen (15) days after publication in the Official Gazette or in two (20) newspaper of general circulation. All subsequent amendments to the IRR shall also be published before taking effect.

Answer 26

SECTOR 26. IMPLEMENTING RULES AND REGULTIONS

Question 27

• The Authority is mandated to conduct a massive information campaign on the provisions of this Act upon its effectivity.

Answer 27

SECTOR 27. INFORMATION CAMPAIGN

Question 28

• The Joint Congressional Oversight Committee created under Article 138 of republic Act No. 9520 shall review and monitor the implementation of this Act.

Answer 28

SECTOR 28. THE JOINT CONGRESSIONAL OVERSIGHT COMMITTEE ON COOPERATIVES

Question 29

• Republic Act No. 6939, creating the “Cooperative Development Authority”, is hereby repealed. All other laws, decrees, executive orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby amended or modified accordingly.

Answer 29

SECTOR 29. REPEALING CLAUSE

Question 30

• This Act shall take effect fifteen (15) days after its publication in the official Gazette or in at least two (2) newspapers of general circulation.

Answer 30

SECTOR 31. EFFECTIVITY

Question 31

• If for any cause, any part of this Act is declared unconstitutional, the rest of the provisions shall remain in full force and effect.

Answer 31

SECTOR 30. SEPARABILITY CLAUSE