Revised Irr of Ra 9520
Revised Irr of Ra 9520
Revised Irr of Ra 9520
d. Dispute - refers to intra/inter cooperative controversy or grievance arising from any violation or
disagreement over any provision of law, including violations of the rights and conditions of membership
provided in the By-laws of the cooperative and/or in the Cooperative Code, which may be the subject of a
formal or informal request for conciliation/mediation or arbitration assistance sought by either parties.
e. Mediation refers to the process wherein a mediator, selected by the disputing parties, facilitates
communication and negotiation, and assists the parties in reaching a voluntary agreement relative to the
dispute.
f. Settlement - refers to any compromise or agreements reached between the disputants to settle the matters
in dispute and thus dispose of controversy.
g. Submission Agreement - refers to the written agreement signed by the disputing parties to submit the
dispute to voluntary arbitration.
h. Voluntary Arbitration- refers to a dispute resolution process wherein any intra/inter cooperative dispute is
settled by a voluntary arbitrator/s chosen by the disputing parties or appointed by the Authority from a list of
accredited arbitrators, who shall render an Award.
i. Voluntary Arbitrator/Arbitrators - refers to any accredited and authorized employee of the Authority or an
accredited private individual chosen by the parties or appointed by the Authority to hear, decide, and render
an award in a dispute.
3. Area of Operation - refers to the area where the cooperative operates and where its members come from as
provided for in their Articles of Cooperation and By-laws.
4. Articles of Cooperation - refers to the Articles of Cooperation of a registered cooperative, including registered
amendments thereto, if any.
5. Associate Member - refers to a member of a cooperative who has no right to vote nor be voted upon and is
entitled only to limited rights, privileges and membership duration as provided in the By-laws of the cooperative, the
Philippine Cooperative Code of 2008, and its Implementing Rules and Regulation.
6. Authority - refers to the Cooperative Development Authority (CDA).
7. Bond of Membership - refers to the conditions where members group themselves to attain their common goals
and objectives which may either be residential, occupational, associational, or institutional.
8. By-Laws - refers to the By-laws of a registered cooperative which includes its registered amendments, if any.
9. Capital - refers to the totality of the members share capital, loans and borrowings including deposits, deferred
payment of interest on share capital and patronage refund, subsidies, donations, legacies, grants, aids, lands,
structures, plants, equipment, facilities, machines and other assets of the cooperative.
For purposes of this definition, the following terms shall mean:
a. Authorized Share Capital - refers to the capitalization of the cooperative as provided in the Articles of
Cooperation and as approved by the Authority.
b. Donated Capital - refers to the subsidies, grants, donations and aids received by the cooperative from any
person or institution, local or foreign. It shall form part of the capital of the cooperative.
c. Equity - refers to the excess of cooperative assets over liabilities.
d. Financial Statements - refer to the documents showing Statement of Financial Condition (Balance Sheet),
Statement of Operation (Income Statement), Statement of Cash Flows, and Statement of Changes in Equity
in a given period.
e. Interest on Share Capital refers to the interest earned by the members paid up capital. It is computed
by multiplying the rate of interest on share capital by members average shares. The rate of interest on share
capital is computed by dividing the amount allocated for total interest on share capital by the total average
share month.
f. Net Surplus refers to the excess payments made by members, which shall not be construed as profits,
from the loans or goods and services availed of or the difference of the rightful amount due to the members
for their products sold or services rendered to the cooperative. It includes other inflow of assets resulting from
its other operating activities, which shall be returned to the members as prescribed in the Code.
g. Net Worth - refers to equity inclusive of members equity, donations, grants and reserve funds less
unbooked allowances for probable losses on loans, accounts receivable, investment and non-performing
assets and other capital adjustments as may be allowed by the Authority.
h. Paid-up Share Capital - refers to the portion of a members share capital that has been paid.
i. Patronage Refund - refers to the amount returned to the individual members in proportion to their
individual patronage of the cooperatives products and services.
j. Revolving Capital - refers to the amount constituting the patronage refund and interest on share capital of
the members, the payment of which has been deferred by the cooperative. A corresponding revolving capital
certificate shall be issued to the members.
k. Revolving Capital Certificate refers to the certificate issued by the Board of Directors of the cooperative
indicating the serial number, name, amount, and rate of interest to be paid and shall distinctly set forth the
time of retirement of such certificate and the amount to be returned.
l. Risk Asset - refers to the cooperatives total assets less cash on hand, evidence of indebtedness, loans to
the extent covered by hold-outs or assignments of deposits, lands owned used for operations, buildings and
land improvements net of depreciation, furniture and fixtures and equipment net of depreciation, real estate
mortgage, loans and other non-risk items as the Authority may, from time to time, authorize to be deducted
from total assets.
m. Share Capital - refers to the money paid or required to be paid by the members for the conduct of the
operations of the cooperative.
n. Total Average Share Month refers to the sum total of the average share month which is determined by
adding the monthly ending balances of a members share capital and dividing the sum by twelve (12) months.
o. Unpaid Subscription - refers to a member sunpaid subscribed share capital.
10. COC - refers to the Certificate of Compliance issued by the Authority to all types of cooperatives after
compliance with the rules of the Authority.
11. Code - refers to Republic Act No. 9520, otherwise known as the Philippine Cooperative Code of 2008.
12. Cooperative Bank - refers to a cooperative organized primarily to provide a wide range of financial services to
cooperatives and their members.
13. Credit Cooperative - refers to a cooperative that promotes thrift and wise use of money and undertakes
savings and lending services among its members. It generates a common pool of funds in order to provide financial
assistance and other related financial services to its members for productive and provident purposes.
14. Dairy Cooperative - refers to a cooperative engaged in the production of fresh milk which may be processed
and/or marketed as dairy products. All matters relating to the technical operations of the dairy business shall be
supervised by the following government agencies.
a. NDA - refers to the National Dairy Authority.
b. FDA - refers to the Food and Drugs Administration.
c. DOH - refers to the Department of Health.
15. Dissenting Member - refers to a member who votes against a proposed activity/project of a cooperative.
16. Division - refers to the act of splitting a single cooperative into two or more cooperatives, wherein the original
cooperative shall be dissolved and the resulting cooperatives shall acquire separate and distinct juridical
personalities.
17. Electric Cooperative - refers to a cooperative organized primarily for the purpose of undertaking power
generation, utilizing renewable energy sources, including hybrid system, acquisition and operation of subtransmission or distribution to its household members.
For purposes of this definition, the following terms shall mean:
a. Distribution of Electricity - refers to the conveyance of electric power by a distribution utility through its
distribution system pursuant to the provisions of the EPIRA Law.
b. Distribution Utility - refers to any Electric Cooperative, private corporation, government-owned utility, or
existing local government unit which has an exclusive franchise to operate a distribution system in
accordance with the EPIRA Law.
c. EPIRA - refers to the Electric Power Industry Reform Act of 2001.
d. Referendum - refers to a mechanism to secure the approval of the general membership of an Electric
Cooperative on issues relative to its registration, operation and management.
e. Renewable Energy Resources - refer to energy resources such as, but not limited to, biomass, solar,
wind, hydro, geothermal and ocean energy. These resources do not have an upper limit on the total quantity
of energy to be used and are renewable on a regular basis, the renewable rate of which is rapid enough to
consider availability over an indefinite time.
f. Sub-transmission Assets - refer to the facilities related to the power delivery service below the
transmission voltages and based on the functional assignment of assets, including, but not limited to, stepdown transformers used solely by load customers, associated switchyard/substation, control and protective
equipment, reactive compensation equipment to improve customer power factor, overhead lines, and the land
where such facilities / equipment are located. These include NPC assets linking transmission system and the
distribution system which are neither classified as generation nor transmission.
g. Supply of Electricity - refers to the sale of electricity by a party other than a generator or a distributor in
the franchise area of a distribution utility using the wires of the distribution utility concerned.
h. Transmission of Electricity - refers to the conveyance of electricity through the high voltage system.
18. Escheat - refers to the power of the State to succeed to property, real or personal, for which there is no owner,
heir or claimant.
19. Extension Offices - refers to the regional offices of the Authority.
20. Financial Service Cooperative (FSC) - refers to a cooperative organized for the primary purpose of engaging
in savings and credit services and enhanced financial services subject to the regulations of the Bangko Sentral ng
Pilipinas (BSP).
For purposes of this definition, the following terms shall mean:
a. BSP - refers to the Bangko Sentral ng Pilipinas.
b. Conservator - refers to any person appointed by the Authority, empowered to take charge of the assets,
liabilities, and the management of the cooperative, after finding that the cooperative is in a state of continuing
inability or unwillingness to maintain a condition of liquidity which is deemed adequate to protect the interest
of members and creditors of the cooperative.
c. Internal Control - refers to all the systems and procedures adopted to safeguard the cooperative's assets,
check the accuracy and reliability of its accounting data, promote operational efficiency and encourage
adherence to prescribed managerial policies.
d. Receiver - refers to any person of recognized competence appointed by the Authority and is empowered to
take charge and administer all the assets and liabilities of the cooperative for the benefit of its creditors and
exercises such other powers as provided under the Revised Rules of Court.
21. General Assembly refers to the full membership of the cooperative duly assembled for the purpose of
exercising all the rights and performing all the obligations pertaining to cooperatives as provided by the Code, its
Articles of Cooperation and By-laws.
22. Housing Cooperative - refers to a cooperative organized to assist or provide access to housing for the benefit
of its regular members who actively participate in the savings program for housing. It is co-owned and controlled by
its members.
For purposes of this definition, the following terms shall mean:
a. Blanket Loan/Wholesale Loan - refers to a housing loan contracted/obtained by a housing cooperative
intended to identify member-beneficiaries for land acquisition, land improvement, house construction, home
improvement, or renovation and other similar purposes.
b. Cooperative Housing Program - refers to an alternative housing approach, in partnership with
government/non-government agencies involved in a housing program, undertaken by a financially and
organizationally stable cooperative to address the housing problems of its members, primarily the low-income
earners, through its own cooperative efforts in planning and direct production of affordable, decent and
adequate housing units.
c. DBP refers to the Development Bank of the Philippines.
d. DENR refers to the Department of Environment and Natural Resources.
e. HDMF - refers to the Home Development Mutual Fund or Pag-IBIG Fund.
f. HGC refers to the Home Guarantee Corporation.
g. HLURB - refers to the Housing and Land Use Regulatory Board.
31. Reports - refer to any document or statement to be submitted regularly by the cooperative to the Authority.
For purposes of this definition, the following term shall mean:
a. Sanctions - refer to the penalties provided for in the by-laws of the cooperative, these Rules, and other
administrative issuances of the Authority, the Code and other related laws.
32. Representative Assembly refers to the full membership of the body of representatives elected from each of
the sectors, chapters or districts of the cooperative, duly assembled for the purpose of exercising such powers
lawfully delegated by the general assembly in accordance with the By-laws of the cooperative.
For purposes of this definition, the following terms shall mean:
a. Election Deputies refer to those members of the cooperative from the sector, chapter or district
appointed by the election committee as approved by the board of directors, tasked to facilitate the conduct of
the election of the Representative/Delegate in their respective sector, chapter or district, in accordance with
the By-laws of the cooperative, which shall not be more than five (5) for each sector, chapter, or district.
b. Representative/Delegate - refers to a member duly elected during the sector, chapter or district meetings
who shall represent his/her sector, chapter or district to the representative assembly meeting.
c. Numerous and Dispersed Membership - refers to a cooperative with a large number of membership
who are scattered/dispersed by reason of geographical location, work shift or other similar conditions making
it impossible and difficult to conduct its general assembly meeting.
d. Sector, Chapter or District - refers to an aggrupation of a cooperative membership, by reason of
geographical location, work shift or other similar conditions.
e. Sequential Election of Representative - refers to the election of the representatives during meetings held
in sequence, in different days and/or at various venues, by several sectors, chapters or districts of a
cooperative for the purpose of electing their respective Representatives to the representative assembly
meeting.
f. Simultaneous Election of Representative - refers to the election of the representatives during the
meetings held, on the same day and at various venues, by several sectors, chapters, or districts of a
cooperative for the purpose of electing their respective Representatives to the representative assembly
meeting.
33. Service Cooperative refers to a cooperative organized primarily to provide any type of service to its
members including, but not limited to, labor, transport, information and communication, insurance, housing, electric,
health services, education, banking and savings, and credit.
34. Secondary Cooperative - refers to a cooperative the members of which are primary cooperatives.
35. Subsidiary Cooperative - refers to a cooperative all or majority of whose membership or shareholders come
from a cooperative called a parent cooperative. It is organized for a purpose other than that of the parent
cooperative, and receives technical, managerial, and financial assistance from the said parent cooperative.
For purposes of this definition, the following term shall mean:
a. Parent Cooperative - refers to a cooperative which organizes a subsidiary and provides technical,
managerial and financial assistance thereto.
36. Tertiary Cooperative - refers to a cooperative, the members of which are secondary cooperatives.
37. Transportation Service Cooperative - refers to a cooperative organized primarily to provide land and
sea/water transportation, provided that sea/water transportation shall be limited to small vessels as defined under
Philippine Maritime laws.
For purposes of this definition, the following terms shall mean:
a. Accreditation - refers to the recognition extended by the OTC to a registered Transportation Service
Cooperative, as evidenced by a Certificate of Accreditation.
b. CPCN / Franchise / Permit - refers to the Certificate of Public Convenience and Necessity issued by the
appropriate government agency.
c. Cooperative Education and Transport Operation Seminar (CETOS) - refers to seminars conducted by
OTC for the purpose of providing continuing education on cooperative and transport service operations to
enhance the knowledge and capability of the officers and members of the Transportation Service
Cooperative.
d. DILG refers to the Department of the Interior and Local Government.
e. DOTC - refers to the Department of Transportation and Communications.
f. LGU - refers to the Local Government Unit.
g. LTFRB - refers to the Land Transportation Franchising and Regulatory Board.
h. LTO - refers to the Land Transportation Office.
i. MARINA - refers to the Maritime Industry Authority.
j. OTC - refers to the Office of Transportation Cooperatives.
k. PCG - refers to the Philippine Coast Guard.
38. Water Service Cooperative - refers to a cooperative organized primarily to own, operate and/or manage water
supply distribution system to serve its members and their households.
For purposes of this definition, the following terms shall mean:
a. LWUA - refers to the Local Water Utilities Administration, created under PD 198, as amended.
b. NWRB - refers to the National Water Resources Board, created under PD 424.
c. Water Permit - refers to the authority to appropriate and use water, issued by the NWRB.
d. Water Right - refers to the privilege granted by the government to appropriate and use water.
e. Water Tarif - refers to the water rate charged for water consumption as determined by the cooperative and
approved by the NWRB.
39. Workers Cooperative refers to a cooperative organized primarily by workers, including the self-employed,
who are at the same time the member-owner of the enterprise, the purpose of which is to provide employment,
business opportunities to its member-owners in accordance with the cooperative principles.
PART I
CERTAIN PROVISIONS
RULE 1
REPRESENTATIVE ASSEMBLY
Section 1. Legal Basis. The Legal basis for this Rule is Article 5 (2), (10) of the Code, quoted as follows:
"(2) General Assembly shall mean the full membership of the cooperative duly assembled for the purpose
of exercising all the rights and performing all the obligations pertaining to cooperatives, as provided by this
Code, its articles of cooperation and by-laws. Provided; that for cooperatives with numerous and dispersed
membership, the general assembly may be composed of delegates elected by each sector, chapter or
district of the cooperative and in accordance with the rules and regulations of the Cooperative
Development Authority."
(10) Representative Assembly means the full membership of the body of representatives elected by each
of the sectors, chapter or district of the cooperative duly assembled for the purpose of exercising such
powers lawfully delegated unto them by the general assembly in accordance with its by-laws."
Section 2. Coverage. These Rules shall apply to a cooperative opting to conduct its general assembly meeting by way of
representative assembly as provided for under Article 5 (2) and (10) of RA 9520.
Section 3. Contents of the By-laws of the Cooperative with Representative Assembly Option. These Rules apply to
cooperatives with numerous and dispersed membership; Provided, That the adoption of representative assembly shall be
stipulated in their By-laws.
3.1 Basis for determining Sector, Chapter, or District. The number of the members of the cooperative, which
shall be at least One Thousand (1,000), and the geographical location, scope of operation, cluster, work shift, or
other similar conditions shall be the basis in dividing the cooperative into sector, chapter, or district.
3.2 Composition of Sector, Chapter, or District. The By-laws shall provide for the number of the regular members
comprising each sector, chapter, or district.
3.3 Quorum requirement for Sector, Chapter or District meeting. At least twenty-five per centum (25%) of the
members entitled to vote in each sector, chapter, or district shall constitute a quorum.
3.4 Number of Sector, Chapter or District Representative. The number of elected representatives of a sector,
chapter, or district as provided in the By-laws, shall be within the range of 1% to 10% of the total number of the
regular members entitled to vote in the sector, chapter, or district.
3.5 Term of Office of the Sector, Chapter, or District Representatives. The term of office of the Representative
or Delegate shall be provided in the By-laws which shall not exceed two (2) years, commencing on the first regular
representative assembly meeting.
3.6 Qualifications and Disqualifications of the Representative or Delegate. The sector, chapter, or district
representative or delegate shall possess all the qualifications and none of the disqualifications as provided in the
cooperative By-laws.
Section 4.Powers, Functions, and Responsibilities of the Representative or Delegate. The Representative or
Delegate shall have the following powers, functions, and responsibilities:
1. To represent the sector, chapter, or district in the Representative Assembly Meeting;
2. To present, after due consultation with the sector, chapter or district, the respective decision of the sector, chapter
or district on issues and matters to be decided upon by the representative assembly. Discretion, however, is given
to the respective representative/delegate to decide on new matters raised during the said representative assembly;
and
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3. To present to his/her sector, chapter, or district the report and the minutes of the proceedings of the
Representative Assembly Meeting.
Section 5. Election of Sector, Chapter, or District Representative or Delegate. The election of sector, chapter, or
district Representative/Delegate shall be held not later than sixty (60) days before the scheduled date of the regular
representative assembly meeting as provided for in the By-laws.
The Board of Directors shall mandate the Election Deputies, through the Election Committee, to conduct the election of
the sector, chapter, or district Representatives/Delegates, either simultaneously or sequentially.
In case the sector, chapter, or district fails to elect its Representative/s or Delegate/s, the right to send its
Representatives/Delegates on the preceding representative assembly meetings shall be deemed waived.
Section 6. Vacancy in the Sector, Chapter, or District Representative or Delegate. Any vacancy shall be filled up in
accordance with the provisions of the cooperative By-laws. The Delegate or Representative elected/appointed to fill a
vacancy shall serve only the unexpired term of his/her predecessor.
Section 7. Resignation, Removal, Incapacity or Death of Sector, Chapter, or District Representative or Delegate.
The sector, chapter, or district Representative or Delegate may, for any valid reason, resign as Representative or Delegate
of his/her sector, chapter, or district. The Board of Directors shall act on the resignation within sixty (60) days from receipt
thereof, otherwise, the resignation shall be deemed approved. Any sector, chapter, or district Representative/Delegate
may be removed by a vote of three-fourths (3/4) of all the members with voting rights present and constituting a quorum at
a sector, chapter, or district meeting called for the purpose on the following grounds:
1. Failure to attend the immediately preceding representative assembly meeting for unjustifiable reason;
2. Non-performance of any functions and responsibilities stated in the By-laws;
3. Any violation of the provisions of the Code, the By-laws of the cooperative and other issuances of the Authority;
and
4. Any acts or omissions inimical or prejudicial to the interest of the cooperative.
During the same meeting, the sector, chapter, or district shall fill the vacancy caused by the removal, resignation,
incapacity or death of the Representative or Delegate. In case said Representative or Delegate is an incumbent Officer of
the Cooperative, his/her position shall be declared vacant and shall be filled up in accordance with the Rule of Succession
as provided for in the By-laws of the Cooperative. Unless otherwise provided for in the By-laws, such successor shall not
necessarily assume the position of his/her predecessor. However, in the case of membership in the committee, the
vacated post shall be filled up by the Board of Directors of the Cooperative from among the Representatives / Delegates.
Section 8. Sector, Chapter, or District Assembly Meeting. The sector, chapter, or district meetings of the cooperative
adopting this scheme shall be as follows:
a. Regular meeting
b. Special meeting
A regular meeting shall be conducted to elect the sector, chapter, or district Representatives or Delegates, to discuss and
decide the matters which shall be taken during the representative assembly meeting and for such other purposes as
maybe provided in the By-laws.
A special meeting shall be conducted to report on the proceedings during the representative assembly meeting and for
such other purposes as maybe provided in the By-laws. After the conduct of the representative assembly meeting and
within thirty (30) days, the officers of the cooperative shall prepare a report on the agreement reached thereon and shall
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be distributed to all members on record. Said report shall also be included in the special meeting of the sector, chapter, or
district.
In either case, the conduct of the meeting shall be called and conducted by the elected delegates presided by the Lead
Representative or Delegate. Such Lead Representative or Delegate shall be the Representative or Delegate who obtained
the highest number of votes during the last sector, chapter, or district election.
Section9. Quorum Requirements for Representative Assembly. At least twenty-five per centum (25%) of all
Representatives/Delegates shall constitute a quorum for the representative assembly meeting.
Section 10. Power of the Representative Assembly. The Representative Assembly shall exercise the powers provided
for in the By-laws.
Section 11. Conduct of Representative Assembly Meeting. Representative Assembly Meeting shall be conducted in
accordance with the provision of the cooperative By-laws. In the absence thereof, the following shall be observed:
1. The representative assembly meeting shall be held in accordance with the order of business addressing the
agenda prepared by the Board of Directors;
2. The Chairperson or in his/her absence, the Vice Chairperson or any member of the Board of Directors shall
preside over the meeting;
3. The Election Committee shall supervise the election of the Board of Directors and committee members of the
cooperative; and
4. Each Representative or Delegate shall be entitled to one (1) vote. The votes of the sector, chapter, or district
Representatives or Delegates shall be considered the votes of all the members of the sector, chapter, or district they
represent.
The decision of the Representative Assembly shall be considered a valid cooperative act.
Section 12. Eligibility and Term of Office of the Representative or Delegate to be elected as Officers of the
Cooperative. The elected Officers of the cooperative shall come from the Representative/s or Delegate/s of the sector,
chapter, or district. These Officers shall be elected during the Representative Assembly Meeting for a term fixed in the Bylaws which shall in no case exceed two (2) years and shall hold office until their successors are duly elected and qualified,
or until duly removed for cause.
The term of office of the Officer of the Cooperative at the time of adoption of the Representative Assembly shall expire on
the first representative assembly meeting.
RULE 2
SUBSIDIARY COOPERATIVE
Section 1. Legal Basis. The legal basis for this Rule is Article 5 (16) of the Code, quoted as follows:
"Art. 5 (16) Subsidiary Cooperative refers to any organization all or majority of whose membership or
shareholders come from a cooperative, organized for any other purpose different from that of, and receives
technical, managerial and financial assistance from, a cooperative, in accordance with the rules and
regulations of the Authority."
Section 2. General Requirements. A parent cooperative may organize a subsidiary cooperative provided that:
1. The creation of a subsidiary cooperative and the technical, managerial and financial assistance to be provided
shall be approved by at least two-thirds (2/3) vote of the members of the parent cooperative with voting rights,
present and constituting a quorum in a regular or special general assembly/representative assembly meeting called
for the purpose.
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2. The Parent cooperative has been in operation for at least two (2) years and has not incurred a net loss for the last
two (2) preceding years of operation
3. It has a total net worth of at least Fifty Million Pesos (Php50,000,000.00) as shown in its latest Audited Financial
Statement.
4. The purpose of the subsidiary cooperative shall be different from that of the parent cooperative.
5. All or majority of the members of the subsidiary cooperative must come from the parent cooperative.
6. The Parent Cooperative shall be required to submit a feasibility study.
Section 3. Conditions. The following conditions shall be considered in the registration and operation of Subsidiary
Cooperatives:
1. Assistance in the form of technical, managerial and financial assistance shall be provided by the Parent
Cooperative to its Subsidiary Cooperative;
2. Directors or Officers of the Parent Cooperative cannot be elected or appointed as Officers of the Subsidiary
Cooperative. However, the Parent Cooperative through its General / Representative Assembly may appoint its
Representative to act as Ex-Officio member of the Board of Directors of the Subsidiary Cooperative;
3. The Management Staff of the Parent Cooperative cannot at the same time be the Management Staff of the
Subsidiary Cooperative;
4. Transfer of shares of members and other related interests from the Parent Cooperative to the Subsidiary
Cooperative and vice versa is prohibited; and
5. In case of dissolution of the Parent Cooperative, the Subsidiary Cooperative cannot be a recipient of any grant,
donations or other interests from the Parent Cooperative.
Section 4. Name of Subsidiary Cooperative. The name of the Parent Cooperative shall appear in the name of the
Subsidiary Cooperative.
Section 5. Assistance from Parent Cooperative. The financial assistance to be provided shall not exceed ten per
centum (10%) of the net worth of the Parent Cooperative which shall be in the form of loans or donations. In case of
grants/donations it shall not be distributed as member share capital. The technical and managerial assistance shall
depend upon the needs of the Subsidiary Cooperative and capacity of the Parent Cooperative, which shall be taken up in
the book at actual cost.
A Memorandum of Agreement containing the terms and conditions of the financial and other assistance provided by the
parent cooperative to the subsidiary cooperative shall be entered into by both cooperatives.
Section 6. Efect of Dissolution of Parent or Subsidiary Cooperative. The dissolution of either cooperative shall not
affect the existence of the other.
However, in case of the dissolution of the parent cooperative, the Subsidiary Cooperative shall subsequently amend its
cooperative name to remove the words Subsidiary Cooperative of (Name of Parent Cooperative).
RULE 3
MULTIPURPOSE COOPERATIVE
Section 1. Legal Basis. The legal basis for this Rule is Article 10 of the Code quoted as follows:
"Art. 10. Organizing a Primary Cooperative.
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Any newly organized primary cooperative may be registered as multipurpose cooperative only after
compliance with the minimum requirements for multi-purpose cooperatives to be set by the Authority. A
single-purpose cooperative may transform into a multipurpose or may create subsidiaries only after at
least two (2) years of operation."
Section 2. Coverage. No cooperative shall be registered as a multipurpose cooperative unless it has been in operation
for at least two (2) years.
Section 3. Minimum Capitalization Requirements. With the exception of the agriculture cooperatives and agrarian
reform cooperatives, only those cooperatives with a minimum paid-up capital of One Hundred Thousand Pesos
(Php100,000.00) or as required in the feasibility study, whichever is higher, may be allowed to transform into a
multipurpose cooperative.
Section 4. Requirements for Registration. The following requirements shall be submitted to the Authority:
a. Cooperative Name Reservation Notice(CNRN), in case of change of name;
b. Amended Articles of Cooperation and By-Laws;
c. A Resolution certified by the cooperative's Secretary and by the majority of the Board of Directors stating the fact
that said amendments have been duly approved by at least two-thirds (2/3) vote of all the members with voting
rights;
d. Surety Bond of Accountable Officers;
e. Audited Financial Statement showing profitable operations for the past two (2) years;
f. Undertaking to Change Name in the event that another cooperative has acquired a prior right to the use of the
proposed name;
g. Favorable Endorsement from Other Government Agencies, if applicable;
h. Feasibility Study indicating viability of each proposed business activity;
i. Certificate that the cooperative has complied with the auditing and accounting standards prescribed by the
Authority;
j. Proof of business track records of the cooperative; and
k. Amendment Fee.
Section 5. Book of Accounts. Cooperatives covered by this Rule shall be required to maintain separate recording for
each business activity in the books of account.
RULE 4
DIVISION OF COOPERATIVES
Section 1. Legal Basis. The legal basis for this Rule is Article 20 of the Code, quoted as follows:
"Art. 20. Division of Cooperatives. - Any registered cooperative may, by a resolution approved by a vote of
three-fourths (3/4) of all the members with voting rights, present and constituting a quorum, resolve to
divide itself into two (2) or more cooperatives. The procedure for such division shall be prescribed in the
regulations of the Authority. The new cooperatives shall become legally established upon registration with
the Authority: Provided, That all the requirements set forth in this Code have been complied with by the
new cooperatives: Provided, further, That no division of cooperative in fraud of creditors shall be valid."
Section 2. Procedure for Division of Cooperatives. The procedure for the division of cooperatives shall be, as follows:
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9. The proposed name, address and area of operation of the new cooperatives; and
10. Benefit package for Management Staff to be affected by the plan.
Section 8. Publication. Within seven (7) days after the date of approval of the division of the cooperative, the Secretary
of the cooperative, duly noted by the Chairperson, shall publish such plan of division once a week for three (3)
consecutive weeks in a newspaper of general circulation within its area of operation. Said publication may also be
supplemented by radio and television announcements.
Alternatively, the announcement of the division may also be done by posting in at least three (3) conspicuous public
places for three (3) consecutive weeks within its area of operation.
Likewise, letters/notices duly signed by the Chairperson announcing such division shall be sent by the Secretary of the
cooperative through registered mails to their creditors.
Section 9. Objection by a Third Party. Within fifteen (15) days from the day of posting or from the last day of publication,
a party may file an objection or opposition to the Plan of Division before the Authority, copy furnished the cooperative
concerned, which shall be decided upon, within sixty (60) days from receipt of the objection or opposition. If the objection
or opposition is meritorious and in order not to prejudice the interest of the third party, the Authority shall cause the
deferment or disapproval of the registration of the new cooperatives.
After the lapse of the period to file an objection/opposition and no objection/opposition has been filed or after all
objections/oppositions have been resolved, the cooperative can file its application for registration.
Section 10. Additional Requirements for Registration. In addition to the regular requirements for registration of
cooperatives, the following documents shall be filed with the Authority:
1. The resolution of division as approved by the General/Representative Assembly duly certified by the Secretary
and duly noted by the Chairperson;
2. The Plan of Division including all its attachments;
3. The Minutes of the General/Representative Assembly Meeting approving the Plan of Division;
4. The Financial Statements of each of the new cooperatives duly certified by the respective Treasurers and
Chairpersons;
5. Proof of Notice of Publication and/or posting of the announcement of such division;
6. Proof of Notice to the Creditors;
7. Written Agreement to Settle Obligation;
8. Original Certificate of Registration; and
9. Written approval or recommendation from the concerned government agency, if applicable.
Section 11. Issuance of Certificate. Once the registration requirements are found to be complete and in order, the
Authority shall issue the Certificates of Registration to the new cooperatives.
Section 12. Efect of Registration. Cooperatives formed and organized under this Rule shall acquire juridical personality
from the date of the issuance of their respective Certificates of Registration.
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RULE 5
GUIDELINES GOVERNING THE PROCEDURE FOR
MERGER OR CONSOLIDATION
Section 1. Legal Basis. The legal bases for this Rule are Articles 21 and 22 of the Code, quoted, as follows:
"Art. 21. Merger and Consolidation of Cooperatives. (1) Two (2) or more cooperatives may merge into a single cooperative which shall be either one of the
constituent cooperatives or the consolidated cooperatives.
(2) No merger or consolidation shall be valid unless approved by three-fourths (3/4) vote of all
members with voting rights, present and constituting a quorum of each of the constituent
cooperatives at separate general assembly meetings. The dissenting members shall have the right to
exercise their right to withdraw their membership pursuant to Article 30.
(3) The Authority shall issue the guidelines governing the procedure of merger or consolidation of
cooperatives. In any case, the merger or consolidation shall be effective upon the issuance of the
Certificate of Merger or Consolidation by the Authority.
Art. 22. Effects of Merger and Consolidation. - The merger or consolidation of the cooperatives shall have
the following effects:
(1) The constituent cooperatives shall become a single cooperative which, in case of merger, shall be
the surviving cooperative, and, in case of consolidation, shall be the consolidated cooperative;
(2) The separate existence of the constituent cooperatives shall cease, except that of the surviving or
the consolidated cooperative;
(3) The surviving or the consolidated cooperative shall possess all rights, privileges, immunities and
powers and shall be subject to all the duties and liabilities of a cooperative organized under this
Code;
(4) The surviving or the consolidated cooperative shall possess all the assets, rights, privileges,
immunities and franchises of each of the constituent cooperatives; and
(5) The surviving or the consolidated cooperative shall be responsible for all the liabilities and
obligations of each of the constituent cooperatives in the same manner as if such surviving or
consolidated cooperative had itself incurred such liabilities or obligations. Any claim, action or
proceeding pending by or against any such constituent cooperatives may be prosecuted by or
against the surviving or consolidated cooperative, as the case may be. Neither the rights of creditors
nor any lien upon the property of any of such constituent shall be impaired by such merger or
consolidation."
Section 2. Parties to the Merger or Consolidation. Only cooperatives belonging to the same category can be parties to
the Merger or Consolidation. A primary cooperative can only merge or consolidate with another primary cooperative, a
secondary with another secondary cooperative, and a tertiary with another tertiary cooperative.
Section 3. Procedure for Merger or Consolidation. The procedure for the Merger or Consolidation of cooperatives shall
be, as follows:
1. Duly approved board resolution of each constituent cooperatives to enter into merger or consolidation;
2. Execution of a Memorandum of Understanding to Merge or Consolidate, stating the creation of a joint committee
to formulate the plan and proposal to merge or consolidate;
3. Formulation of Plan of Merger or Consolidation by the representatives of the constituent cooperatives to the joint
committee;
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4. Calling of a General/Representative Assembly to present and approve the Proposal and Plan of Merger or
Consolidation of each constituent cooperative and the Amendment / New Articles of Cooperation and By-laws;
5. Posting/Publication of the Notice of Merger or Consolidation;
6. Written Notification to Creditors through registered mail with return card and other applicable electronic means;
7. Filing with the Authority of the required documents for the registration of merger or consolidation; and
8. Issuance of Certificate of Registration of Merger/Consolidation by the Authority.
Section 4. Contents of Plan of Merger or Consolidation. The Plan of Merger or Consolidation shall set forth the
following:
1. Statement of Purpose of such Merger or Consolidation;
2. The Registered Names, Addresses and Registration/Confirmation Numbers, Contact Details and Respective
Areas of Operation of the Constituent Cooperatives;
3. The Proposed Amendments to the Surviving Cooperative's Articles of Cooperation and By-laws, in case of
Merger and with respect to Consolidation, the Proposed Articles of Cooperation and By-laws;
4. List of Members of each Constituent Cooperatives showing their Share Capital Contribution duly certified by the
respective Board Secretaries and attested to by the respective Board Chairpersons;
5. The Name, Address and Area of Operation of the Surviving Cooperative, in case of Merger, the Proposed Name,
Address and Area of Operation, in case of Consolidation;
6. Feasibility Study indicating the Viability and Sustainability of the Merging/Consolidating Cooperatives;
7. The Audited Financial Statements as of the immediate preceding year including the schedule of assets, liabilities
and capital of the merging or consolidating cooperatives; and
8. Package Benefits of the Management Staff to be affected by the Plan.
Section 5. Proposal for Merger or Consolidation. The proposal to merge or consolidate shall be made and approved
by at least majority of the members of the respective Board of Directors of each constituent cooperative.
During the same meeting, the respective Board of Directors shall appoint or elect the representatives to the joint
committee that will draft the Plan of Merger or Consolidation.
Section 6. Approval of the Plan of Merger or Consolidation. The Plan of Merger or Consolidation jointly prepared by
the representatives of the constituent cooperatives to the joint committee shall be submitted for approval to the members
of each constituent cooperative at separate general/representative assembly meetings duly called for the purpose. Notice
of such meeting shall be given to all members of the respective cooperative, served either personally, or by registered mail
with return card, or by electronic means, within the period as indicated in their By-laws.
The affirmative vote of at least three-fourths (3/4) of all members with voting rights, present and constituting a quorum
from each of the constituent cooperatives, at separate general/representative assembly meetings, shall be necessary for
the approval of the Plan of Merger or Consolidation, or amendments thereto, if any.
Section 7. The Articles of Cooperation and By-Laws. In the case of Merger, the Amended Articles of Cooperation and
By-Laws, if applicable, shall be attested to by the incumbent directors of the surviving cooperative. In the case of
Consolidation, the Articles and By-Laws shall be signed by the Board of Directors of the consolidated cooperative.
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Section 8. Posting/Publication. Announcement of the Merger or Consolidation may be done by posting in at least three
(3) conspicuous places in their respective areas of operation, or by publication in a newspaper of general circulation once
a week for three (3) consecutive weeks. Said publication may also be supplemented by radio and television
announcements or any other electronic means of communication.
Section 9. Notice to Creditors and Investors. The Officers of the Merged or Consolidated Cooperatives shall also notify
by registered mail the creditors and investors of their respective cooperatives to inform them of such Merger or
Consolidation.
Section 10. Objection/s by a Third Party. Within fifteen (15) days after the date of posting or from the last day of
publication, a third party may file an objection or opposition to the Plan of Merger or Consolidation before the Authority
which shall be decided within sixty (60) days from receipt of the objection or opposition. Upon a finding that the objection
or opposition is meritorious, and in order not to prejudice the interest of the third party, the Authority will cause the
deferment or disapproval of the registration of the Merger or Consolidation.
After the period to file an objection has lapsed and all objections have been resolved, the surviving cooperative, in case of
merger; or the consolidated cooperative, in case of consolidation, may file its application for registration.
Section 11. Additional Requirements for Registration. The Officers of the Merged or Consolidated cooperatives shall
file with the Authority the following additional requirements for registration:
A. For Merger
1. The Original Certificate of Registration of the absorbed cooperative;
2. The resolution of the Board of Directors of both merging cooperatives approving the proposal to merge,
duly certified by the respective Secretaries and attested to by the respective Chairpersons;
3. The General/Representative Assembly resolutions of both constituent cooperatives approving the
proposed Plan of Merger duly certified by the respective Secretaries and attested to by the respective
Chairpersons;
4. The excerpts from the minutes of the Board of the General/Representative Assembly meeting stating
among others the approval of the Merger;
5. Certification of the respective Secretaries duly attested to by the Chairpersons of the constituent
cooperatives that there was a quorum in the General/Representative Assembly meetings conducted and the
required number of votes for the approval was met;
6. The approved Plan of Merger and all its attachments as required under Section 4 of this Rule;
7. The proposed amendment to the Articles of Cooperation and By-laws of the Surviving Cooperative, if
necessary;
8. Surety Bond of Accountable Officers;
9. Proof of Publication/Posting of the Announcement of Merger;
10. Proof of Notice to Creditors;
11. Written Agreement to settle Obligations;
12. Favorable endorsement from the concerned government agency if necessary/applicable; and
13. Registration fee in accordance with the Schedule of Fees prescribed by the Authority.
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B. For Consolidation
1. The Original Certificate of Registration of both constituent cooperatives;
2. The resolution of the Board of Directors of both constituent cooperatives approving the proposal to
consolidate duly certified by the respective Secretaries and attested to by the Chairpersons of the
Consolidating Cooperatives;
3. The General/Representative Assembly resolutions of both constituent cooperatives approving the
proposed plan of consolidation duly certified by the respective Secretaries and attested to by the
Chairpersons of the Consolidating Cooperatives;
4. The excerpts from the minutes of the General/Representative Assembly meetings of the Consolidating
Cooperatives with their respective attendance sheets duly certified by the Secretary and Chairperson or
Presiding Officer;
5. Certification of the Secretaries duly attested to by the Chairpersons of the Constituent Cooperatives that
there was a quorum in the General/Representative Assembly meetings conducted and the required number
of votes for the approval was met;
6. The approved Plan of Consolidation and all its attachments as required under Section 4 of this Rule;
7. The Economic Survey;
8. The proposed Articles of Cooperation and By-laws of the Consolidated Cooperative;
9. Surety Bond of Accountable Officers;
10. Proof of Publication/Posting of the announcement of consolidation;
11. Proof of Notice to Creditors;
12. Written Agreement to settle Obligations;
13. Undertaking to Change Name in the event that another cooperative has acquired prior right to the use of
the proposed name; and
14. Registration fee in accordance with the Schedule of Fees prescribed by the Authority.
Section 12. Issuance of Certificate. Once the registration requirements are complied with, the Authority shall issue the
Certificate of Merger, in cases of merger. In cases of consolidation, a new Certificate of Registration shall be issued in
addition to the Certificate of Consolidation. The absorbed cooperative in cases of Merger, and the consolidated
cooperatives in cases of Consolidation, shall surrender their respective original Certificates of Registration to the Authority.
RULE 6
GUIDELINES FOR LABORATORY COOPERATIVES
Section 1. Legal Basis. The legal basis for this Rule is the third paragraph of Article 26 of the Code, quoted as follows:
"Art. 26. Kinds of Membership.
A cooperative organized by minors shall be considered a laboratory cooperative and must be affiliated with
a registered cooperative. A laboratory cooperative shall be governed by special guidelines to be
promulgated by the Authority."
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Section 2. Organizing a Laboratory Cooperative. A cooperative may assist in the organization of a laboratory
cooperative composed of fifteen (15) or more individuals who are minors, who may be students or out of school minors,
Filipino citizens and are actually studying or residing within the nearest area of operation of the intended guardian
cooperative.
Section 3. Purposes of Laboratory Cooperatives. A Laboratory Cooperative shall be organized for any or all of the
following purposes:
1. To serve as a training ground for its members to prepare them for membership in regular cooperatives;
2. To teach the values of thrift and saving mobilization among its members;
3. To instill cooperative values, principles, financial discipline, business skills and leadership skills among its
members;
4. To promote and advocate Filipino social and cultural values, financial education ecological awareness and
sustainable development.
Section 4. Requirements for Recognition of Laboratory Cooperative. The Guardian Cooperative shall submit the
following requirements to the Authority for the issuance of a Certificate of Recognition of the proposed Laboratory
Cooperative:
1. Articles of Cooperation and By-laws of the Guardian Cooperative stating the acceptance of its responsibilities as
Guardian Cooperative; and
2. Resolution of the Board of Directors of the Guardian Cooperative accepting its responsibility and liability as
Guardian of the Laboratory Cooperative.
Section 5. Affiliation. A Laboratory Cooperative shall be affiliated with a duly registered cooperative, to be known as the
Guardian Cooperative, before the Authority shall issue a Certificate of Recognition.
A Laboratory Cooperative primarily composed of students from a particular school may affiliate with the school's
cooperative, if any, or appoint a cooperative of its choice within its area of operation. If the Laboratory Cooperative is
composed primarily of out-of-school minors, it shall be affiliated with a cooperative of its own choice within or nearest its
area of operation.
Section 6. Responsibility of the Guardian Cooperative. The Guardian Cooperative shall supervise, monitor, and act for
and in behalf of the Laboratory Cooperative in its dealings and transactions with third parties when capacity to contract is
required.
The Guardian Cooperative shall be responsible for the cooperative education and training of all officers and members of
the laboratory cooperative.
Submission of reports to the Authority on the activities and economic operations of the Laboratory Cooperative shall
likewise be the responsibility of the Guardian Cooperative.
Section 7. Liability of the Guardian Cooperative. The Guardian Cooperative exercising supervisory authority over the
laboratory cooperative shall be liable for any violations in the operation of the Laboratory Cooperative.
Section 8. Issuance of Certificate of Recognition. A Certificate of Recognition shall be issued by the Authority upon
compliance with all the requirements set forth by this Rule. The Certificate shall be a conclusive evidence that the
Laboratory Cooperative named therein is duly recognized unless such recognition has been earlier revoked or cancelled.
The issuance of the Certificate of Recognition does not bestow upon a Laboratory Cooperative a juridical personality.
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Section 9. Termination of Membership. The following shall be the conditions for termination of membership in a
Laboratory Cooperative:
1. Upon reaching the age of majority (18 years of age); and
2. Such other conditions as may be provided for in the By-laws of the Guardian Cooperative.
Section 10. Option of Member Who Reaches the Age of Majority. Any member reaching the age of majority may opt to
join the Guardian Cooperative by signifying his/her intention to become a member of the Guardian Cooperative and upon
compliance with all the requirements for membership therein.
Section 11. Miscellaneous Provision. A Guardian Cooperative may supervise more than one (1) laboratory cooperative.
The Guidelines for the creation, organization, supervision and monitoring of laboratory cooperatives shall be prescribed by
the Authority.
RULE 7
FUNCTIONS, RESPONSIBILITIES AND TRAINING REQUIREMENTS OF
DIRECTORS, OFFICERS AND COMMITTEE MEMBERS
Section 1. Legal Basis. The legal basis for this Rule is Article 44 of the Code, quoted as follows:
"Art. 44. Functions, Responsibilities, and Training Requirements of Directors, Officers, and Committee
Members. The functions and responsibilities of the directors, officers and committee members, as well as
their training requirements shall be in accordance with the rules and regulations issued by the Authority."
Section 2. Officers of the Cooperative. The Officers of the cooperative shall include the members of the Board of
Directors, members of the different committees created by the General Assembly, General Manager or Chief Executive
Officer, Secretary, Treasurer and Members holding other positions as maybe provided for in their By-laws. As such they
are entrusted with the power of exercising authority within the scope of their defined functions which shall include the
exercise of control and discretion in the performance of their duties.
Section 3. Committees of Cooperatives. The By-laws shall provide for the creation of the following committees:
1. Audit Committee;
2. Election Committee;
3. Mediation and Conciliation Committee;
4. Ethics Committee; and
5. Other Committees as may be necessary for the conduct of the affairs of the cooperative.
The members of both the Audit and Election Committees shall be elected by the General Assembly and the rest shall be
appointed by the Board of Directors.
Section 4. Functions and Responsibilities of the Officers of the Cooperative. The Officers of the cooperative shall
have the following functions and responsibilities:
4.1. Board of Directors. The Board of Directors shall have the following functions and responsibilities:
a. Provide over-all policy direction;
b. Formulate development plan;
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c. Review the annual plan and budget and recommend for the approval of the General/Representative
Assembly;
d. Evaluate the capability and qualification and recommend for the approval of the General/Representative
Assembly the engagements of the services of an External Auditor;
e. Appoint and terminate, based on just cause, the General Manager or Chief Executive Officer (CEO);
f. Review, monitor and evaluate the effectiveness of the programs, projects and activities;
g. Formulate and review the vision, mission and goals of the cooperative;
h. Establish risk management system;
i. Establish performance evaluation system at all levels;
j. Review and approve the organizational and operational structures;
k. Establish policies and procedures for the effective operation and ensure proper implementation of such;
l. Appoint the members of the Mediation and Conciliation Committee, Ethics Committee, Education and
Training Committee and other Officers as specified in the Code and By-laws of the cooperative;
m. Decide election-related cases involving the Election Committee and its members;
n. Act on the recommendation of the Ethics Committee on cases involving violations of the Code of
Governance and Ethical Standards;
o. Ensure compliance by the cooperative with the regulations of the Authority and other statutory
requirements of appropriate government agencies;
p. Report to the general/representative assembly the performance and achievements of the cooperative;
q. Present to the general/representative assembly policies which require confirmation as provided under the
law, the cooperative by-laws, and regulations;
r. Present to the general/representative assembly the financial, social and performance reports; and
s. Perform such other functions as may be prescribed in the By-laws or authorized by the
General/Representative Assembly.
4.1.1. The Chairperson shall:
a. Set and prepare the agenda for board meetings in coordination with the other members of the Board
of Directors;
b. Preside all meetings of the Board of Directors and General/Representative Assembly;
c. Sign contracts, agreements, certificates and other documents on behalf of the cooperative as
authorized by the Board of Directors or by the General/Representative Assembly as prescribed in their
By-laws; and
d. Perform such other functions as may be authorized by the Board of Directors.
4.1.2. The Vice Chairperson shall:
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a. Perform all duties and functions of the Chairperson in the absence of the latter; and
b. Perform such other duties as may be delegated to him/her by the Board of Directors.
4.2. Other Officers
4.2.1. The Treasurer shall:
a. Ensure that all cash collections are deposited in accordance with the policies set by the Board of
Directors;
b. Have custody of funds, securities, and documentations relating to assets, liabilities, income and
expenditures;
c. Monitor and review the financial management operations of the cooperative, subject to such
limitations and control as may be prescribed by the Board of Directors;
d. Ensure the maintenance of full and complete records of cash transactions;
e. Ensure maintenance of a Petty Cash Fund;
f. Maintain a Daily Cash Position Report; and
g. Perform such other functions as may be prescribed in the By-laws or authorized by the Board of
Directors.
4.2.2. The Secretary shall:
a. Keep an updated and complete registry of all members;
b. Record, prepare and maintain records of all minutes of meetings of the Board of Directors and the
General/Representative Assembly;
c. Ensure that the necessary actions and decisions of the Board of Directors are transmitted to the
management for compliance and implementation;
d. Issue and certify the list of members who are entitled to vote as determined by the Board of
Directors;
e. Prepare and issue Share Certificates and maintain the share and transfer book;
f. Serve notice of all meetings called and certify the presence of quorum in the conduct of all meetings
of the Board of Directors and the General/Representative Assembly;
g. Keep copies of the Treasurer's reports and other reports;
h. Serve as custodian of the cooperative seal; and
i. Perform such other functions as may be prescribed in the By-laws or authorized by the Board of
Directors.
4.3. Committees of the Cooperative
4.3.1. The Election Committee shall:
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a. Formulate election rules and guidelines and recommend to the General/Representative Assembly for
approval;
b. Recommend necessary amendments to the election rules and guidelines, in coordination with the
Board of Directors, for the General/Representatives Assembly's approval;
c. Implement election rules and guidelines duly approved by the General/Representative Assembly;
d. Supervise the conduct, manner and proceedings of election and other election- related activities
and act on the changes thereto;
e. Canvass and certify the results of the election;
f. Proclaim the winning candidates;
g. Decide election and other election-related cases except those involving the Election Committee or its
members; and
h. Perform such other functions as prescribed in the By-laws or authorized by the
General/Representative Assembly.
4.3.2. The Audit Committee shall:
a. Audit the performance of the cooperative and its various responsibility centers;
b. Monitor the adequacy and effectiveness of the cooperative's management and internal control
system;
c. Review continuously and periodically the books of account, financial records, and policies governing
internal control, accounting and risk management to ensure that these
are in accordance with the cooperative principles and generally accepted accounting procedures;
d. Review the internal audit report of the cooperative;
e. Follow up actions on the internal and external audit recommendations;
f. Discuss the result of the internal audit with the Board of Directors;
g. Submit reports on the result of the internal audit and recommend necessary changes on policies and
other related matters on operation to the General/Representative Assembly;
h. Review, approve or amend the report and recommendation of the Ethics Committee involving
violations of the Code of Governance and Ethical Standards if the remaining members of the Board of
Directors fail to act on said report and recommendation within a period of thirty (30) days, or the
violation is committed by the majority of the Board of Directors; and
i. Perform such other functions as may be prescribed in the By-laws or authorized by the
General/Representative Assembly.
4.3.3. The Mediation and Conciliation Committee shall:
a. Conduct mediation-conciliation proceedings and services;
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b. Formulate, develop and improve the Conciliation-Mediation policies, guidelines and program and
ensure its proper implementation;
c. Monitor Conciliation-Mediation program and processes;
d. Submit semi-annual reports of cooperative cases to the Authority within fifteen (15) days after the
end of every semester;
e. Accept and file Evaluation Reports;
f. Submit recommendations for improvement to the Board of Directors;
g. Recommend to the Board of Directors any member of the cooperative for Conciliation-Mediation
Trainings as Cooperative Conciliator-Mediator;
h. Issue the Certificate of Non-Settlement ( CNS);
i. Act as conciliator-mediator during their term, provided the persons who will mediate are mutually
selected by both parties; and
j. Perform such other functions as may be prescribed in the By-laws or authorized by the Board of
Directors.
4.3.4. The Ethics Committee shall:
a. Formulate, develop, implement and monitor the Code of Governance and Ethical Standards (CGES)
to be observed by the members, officers and employees of the cooperative subject to the approval of
the Board of Directors and ratification by the General/Representative Assembly;
b. Conduct initial investigation or inquiry, upon receipt of a complaint involving violations of the Code of
Governance and Ethical Standards.
c. Submit report on its recommendation together with the appropriate sanctions, to the Board of
Directors for its proper action, or to the remaining members of the Board of Directors, if the violation is
committed by any members of the Board of Directors. Provided, that if the remaining members of the
Board of Directors fail to act on the report within a period of thirty (30) days, or the violation is
committed by the majority of the Board of Directors, the Audit committee shall act on the same; and
d. Perform such other functions as may be prescribed in the By-laws or authorized by the Board of
Directors.
4.3.5. Other Committees. Other committees that may be created shall assist in the formulation of policies and
rules and in the implementation of the service of the cooperative. Their powers, functions, and responsibilities
shall be defined in the By-laws.
4.4. General Manager or Chief Executive Officer or equivalent position. The General Manager or Chief Executive
Officer or equivalent position shall:
a. Oversee the overall day to day business operations of the cooperative by providing direction, supervision,
management and administrative control over all the operating departments subject to such limitations as may
be set forth by the Board of Directors or the General/Representative Assembly;
b. Assist the Board of Directors in the formulation of the Cooperative's Development Plan including Annual
Plan and Budget, Programs and Projects, for approval of the General/Representative Assembly;
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RULE 8
REPORTS REQUIRED FOR COOPERATIVES
Section 1. Legal Basis. The legal basis for this Rule is Art. 53 of this Code, quoted as follows:
"Art. 53. Reports.
(1) Every cooperative shall draw up regular reports of its program of activities, including those in
pursuance of their socio-civic undertakings, showing their progress and achievements at the end of every
fiscal year. The reports shall be made accessible to its members, and copies thereof shall be furnished to
all its members of record. These reports shall be filed with the Authority within one hundred twenty (120)
days from the end of the calendar year. The form and contents of the reports shall be as prescribed by the
rules of the Authority. Failure to file the required reports shall subject the accountable officer/s to fines and
penalties as may be prescribed by the Authority, and shall be a ground for the revocation of authority of
the cooperative to operate as such. The fiscal year of every cooperative shall be the calendar year, except
as may be otherwise provided in the by-laws.
(2) If a cooperative fails to make, publish and file the reports required herein, or fails to include therein any
matter required by this Code, the Authority shall, within fifteen (15) days from the expiration of the
prescribed period, send such cooperative a written notice, stating its non-compliance and the
commensurate fines and penalties that will be imposed until such time that the cooperative has complied
with the requirements."
Section 2. Required Regular Reports. All cooperatives registered with the Authority shall be required to submit annually,
the Cooperative Annual Progress Report (CAPR) with the following attachments:
a. Social Audit Report including its program of activities pursuant to its socio-civic goals of the cooperative;
b. Performance Audit Report, including copies of the semi-annual Report on mediation and conciliation as received
by the Authority pursuant to EO 97;
c. Audited Financial Statements; and
d. List of Officers and Trainings Undertaken /Completed.
In the case of CDA registered electric cooperatives, they shall be required to submit the List of Members issued with
Share Capital Certificate in addition to the Cooperative Annual Progress Report (CAPR).
The Cooperative Annual Progress Report (CAPR) including all of the reports shall be made part of the Annual Report of
the cooperative to its members during the Annual General Assembly Meeting.
Section 3. Additional Attachments for Federations and Unions. In addition to the above, Federations and Unions shall
submit to the Authority the following on an annual basis:
1. List of affiliates and cooperatives which have remitted their respective Cooperative Education and Training Funds
(CETF);
2. Business consultancy assistance to include the nature and cost, including the use of CETF; and
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3. Other training activities undertaken specifying therein the nature, participants, and cost of each activity.
Section 4. Mode of Filing Reports. All registered cooperatives shall file with the Authority a copy of the required reports
either through personal delivery, by registered mail, by courier service, or by electronic means, within one hundred twenty
(120) days from the end of each calendar year. The date of mailing the required reports either by registered mail, by
courier service, or by electronic means shall be considered the date of filing.
For reports submitted by electronic means, the Authority shall be furnished the printed copy of the electronically
transmitted report within five (5) days from the date of transmission. Failure of the cooperative to furnish the Authority with
a printed copy shall be considered as if no report has been filed, hence the cooperative shall be considered in delay in the
submission. Likewise, any material alterations or tampering, which made the electronic documents different from the
original shall be considered as if no report has been filed and the electronic documents have never been received.
Section 5. Form of the Reports. The reports shall be typewritten or printed in a form prescribed by the Authority, duly
certified by the Accountable Officers as specified in Section 8 hereof.
Section 6. Delay in the Filing of the Report. Failure to file the reports on the prescribed time as provided in this Rule
shall be considered in Delay. However, if the delay is due to fortuitous events, including but not limited to fire, storms, or
other natural calamities; an order from any competent court or government agency; or a declared national emergency or
public disorder including strikes and lockout, the period for such delay may be excused, provided that the Authority is
given due notice within fifteen (15) days from the cessation of the cause of the delay. Thereafter, the cooperative shall be
given another thirty (30) days to file the required report, the lapse of which shall consider the cooperative in delay.
Delay shall commence on the day following the last day prescribed for the filing of reports. However, should the last day of
filing fall on a non-working holiday, the last day for filing shall be on the next working day.
For the purpose of establishing delay, partial compliance shall be considered non-compliance and the cooperative shall be
in delay until such time that the filing of the required reports have been fully complied with.
Without prejudice to the commencement of the period of delay and within fifteen (15) days from the lapse of the period to
file the required reports, the Authority shall notify the cooperatives of their non-compliance, stating among others that
delay has commenced to run, and the commensurate fines and penalties that will be imposed as a result of its failure to
file the required reports.
However, for newly registered cooperatives, the Authority may provide technical assistance to enable said cooperatives to
submit reports as required by law. Such technical assistance shall be prescribed in the guidelines to be issued by the
Authority.
Section 7. Sanction for Delayed Filing. Failure to file the required regular reports with the corresponding attachments on
time shall subject the Accountable Officers to a fine of One Hundred Pesos (Php100.00) per day of delay.
Within thirty (30) calendar days from receipt of notice of non-compliance and failure to file the required reports, the
cooperative or its accountable officers may request for reconsideration and the lifting of the commensurate fine or penalty
only on grounds of excusable delay as provided under Section 6 of these Rules. Failure of the Authority to act on such
request within sixty (60) days from receipt thereof shall result to the granting of such request. The decision of the Authority
is final and executory.
Filing the Cooperative Annual Progress Report (CAPR) without or with incomplete attachments shall be considered noncompliance and shall subject the Accountable Officers to fines and penalties as if there was delay.
Other than the imposition of monetary penalties, the Authority may dissolve/revoke, after due process, the certificate of
registration of the cooperative.
Cooperatives with assets of Three Million Pesos (Php3,000,000.00) and below shall be exempted from the monetary
penalties but may be meted the penalty of non-issuance of Certificate of Compliance.
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Section 8. The Accountable Officers. For the purpose of this Rule, accountable officers shall refer to the employees or
officers of the cooperative responsible for the preparation of the required regular reports and its attachments, and in
whose fault or negligence the delay may be attributed.
RULE 9
GUIDELINES FOR THE LIQUIDATION OF COOPERATIVES
Section 1. Legal Basis. The legal bases for the Rule are Art. 69, 70, Art. 72, par. 1, subsection 4and par.2, of the Code,
quoted as follows:
"Art. 69. Liquidation of a Cooperative. - Every cooperative whose charter expires by its own limitation or
whose existence is terminated by voluntary dissolution or through an appropriate judicial proceeding shall
nevertheless continue to exist for three (3) years after the time it is dissolved, not to continue the business
for which it was established but for the purpose of prosecuting and defending suits by or against it;
settlement and closure of its affairs; disposition, conveyance and distribution of its properties and assets.
At any time during the said three (3) years, the cooperative is authorized and empowered to convey all of
its properties to trustees for the benefit of its members, creditors and other persons in interest. From and
after any such conveyance, all interests which the cooperative had in the properties are terminated.
Upon the winding up of the cooperative affairs, any asset distributable to any creditor, shareholder or
member who is unknown or cannot be found shall be given to the federation or union to which the
cooperative is affiliated with.
A cooperative shall only distribute its assets or properties upon lawful dissolution and after payment of all
its debts and liabilities, except in the case of decrease of share capital of the cooperative and as otherwise
allowed by this Code."
"Art. 70. Rules and Regulations on Liquidation. - The Authority shall issue the appropriate implementing
guidelines for the liquidation of cooperatives."
"Art. 72. Capital Sources.(4) Subsidies, donations, legacies, grants, aids and such other assistance from any local or foreign
institution whether public or private: Provided, That capital coming from such subsidies, donations,
legacies, grants, aids and other assistance shall not be divided into individual share capital holdings at any
time but shall instead from part of the donated capital or fund of the cooperative.
Upon dissolution, such donated capital shall be subject to escheat."
Section 2. Coverage of Liquidation. These Guidelines shall cover the following:
1. Cooperatives whose charter expires by its own limitation.
2. Cooperatives whose existence is terminated by voluntary dissolution.
3. Cooperatives whose existence is terminated by appropriate judicial proceedings.
4. Cooperatives whose existence is dissolved by Order of the Authority.
Section 3. Modes of Liquidation. The liquidation or winding up of cooperatives shall be in the manner provided for in the
By-laws unless it is inconsistent with law.
In this jurisdiction, the cooperative may avail of the following modes of liquidation:
1. Liquidation by cooperative itself through a Board of Liquidators. The members of cooperative entitled to vote shall
elect from among themselves their Board of Liquidators; and/or
2. By conveying all the cooperative assets to the Board of Trustees which will take charge of liquidation.
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Section 9. Statutory Funds. All the statutory funds established by the cooperative shall be disposed of in accordance with
the provisions of Article 86 of the Code.
Section 10. Treatment of Donated Capital. All subsidies, donations, legacies, grants, aids and such other assistance from
any local or foreign institutions whether public or private shall be subjected to escheat.
Section 11. Distribution of Assets. Subject to the preceding sections and upon written approval from the Authority, any
assets remaining after the payments of the cooperative's obligations to its creditors shall be distributed to the members in
payment of their respective share capital. If the remaining asset is not sufficient to pay the full share capital contribution of
the members, the distribution shall be done in proportion to their capital.
Section 12. Undistributed Assets. After the winding up of the affairs of the cooperative, the assets distributable to a
creditor or member whose whereabouts is unknown or cannot be found shall be given to the federation/union to which the
cooperative is affiliated with, for cooperative development, at the option of the Board of Liquidators/Trustees. In case of
non-affiliation, the undistributed assets shall be given to the community where the cooperative operates.
Section 13. Periods Allowed for the Winding Up of the Affairs of the Cooperative. The dissolved cooperative shall continue
to exist for three (3) years from the issuance of the Order of Dissolution. The purpose of which is not to continue the
business for which it was established but for the purpose of prosecuting and defending suits filed by or against the
cooperative, settlement and closure of its affairs, disposition, conveyance and distribution of its assets.
Nevertheless, at any time during the said three (3) year period, the cooperative is authorized and empowered to convey all
its properties to Trustees for the benefit of its members, creditors and other persons in interest, after which, all interests
which the cooperative had in the properties are terminated.
Section 14. Submission of the Board of Liquidators/Trustees' Final Report. The Cooperative Board of Liquidators/Trustees
shall submit a final report to the members of the liquidated cooperative and to the Authority, Federation, or Union to which
the cooperative is affiliated with.
Upon receipt of the Final Report of the Board of Liquidators/Trustees and upon a finding that said final report is complete
and in order, the Authority shall release the Liquidators/Trustees from their duties and functions. Thereafter, the Authority
shall effect the cancellation of the Certificate of Registration of the subject cooperative and the delisting of its name in the
Cooperative Registry.
Until and unless the Board of Liquidators/Trustees submits the Final Report, it shall not be released from its duties and
functions and the Authority shall issue no clearance for each of the members thereof.
Section 15. Summary Proceedings. For cooperative with assets of not more than One Hundred Thousand Pesos
(Php100,000.00) as shown in the Audited Financial Statements and with no known creditors, the Authority may choose to
initiate summary proceedings.
The following documents shall be required to be submitted by the Board of Directors to the Authority:
1. Schedule of Assets;
2. Proposal of Distribution of Assets to its members;
3. List of intended beneficiaries of the Statutory Funds;
4. Affidavit of No Creditors; and
5. Audited Financial Statement.
After due evaluation by the Authority, the same shall issue a written authority to the Board of Directors to distribute the
assets of the cooperative. After which, the Board of Directors shall submit a final report on the Summary Proceedings.
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Section 16. Suppletory Laws. The provisions of Chapters 2 and 3 of Title 19 on the Concurrence and Preference of Credit
under the New Civil Code and Rule 104 of the Revised Rules of Court on Voluntary Dissolution of Corporations shall
apply suppletorily.
Section 17. Outright Cancellation of the Certificate of Registration. The Authority, at its own discretion, may proceed for
the outright cancellation of the Certificate of Registration of a cooperative which has been proven to have no assets, or its
whereabouts is unknown, despite diligent efforts to ascertain it. Such facts shall be stated in the Order of Cancellation.
In either case, winding up of affairs of cooperative shall no longer be observed.
RULE 10
CAPITALIZATION AND ACCOUNTING PROCEDURES OF COOPERATIVES
Section 1. Legal Basis. The legal basis for this Rule is Article 71 of the Code, quoted as follows:
"Art. 71. Capital. - The capitalization of cooperatives and the accounting procedures shall be governed by
the provisions of this Code and the regulations which shall be issued."
Section 2. Capital Sources. Capitalization of a duly registered cooperative may be derived from any or all of the following
sources;
1. Members' Share Capital;
2. Loans and Borrowings including Deposits;
3. Revolving Capital which consists of the deferred payment of patronage refunds, or interest on share capital; and
4. Subsidies, donations, legacies, grants, aids and such other assistance from any local or foreign institution
whether public or private; Provided, That, capital coming from such subsidies, donations, legacies, grants, aids and
other assistance shall not be divided into individual share capital holdings at any time but shall instead form part of
the donated capital or fund of the cooperative.
Section 3. Share Capital. The Share Capital of a cooperative may consist of common share capital and preferred share
capital if the latter is provided for under the cooperative's Articles of Cooperation and By-laws. The share capital
contribution of the members shall be considered as equity. Provided, That it shall not be withdrawn and should not be
used in offsetting obligations whether past due or current while the membership subsists.
Section 4. Preferred Shares. Issuance and limitation on Preferred Share Capital shall be prescribed in the By-laws of the
cooperative.
Should preferred share capital be provided in the By-Laws, it shall not exceed twenty five (25%) of the total authorized
capital of the cooperative.
Section 5. Capital Build-Up. The By-laws of every cooperative shall provide for a reasonable and realistic member capital
build-up program to allow the continuing growth of the members investments in their cooperative as their own economic
conditions continue to improve.
Section 6. Subscription Agreement. The cooperative shall execute a subscription agreement upon admission of members
and whenever additional subscription shall be made by member/s upon full payment of initial subscription. Unless
otherwise provided for in the By-Laws, the cooperative shall issue Share Certificates at least every end of the calendar
year based on the number of shares fully paid for the said period.
Section 7. List of Share Capital Certificate Issued. All cooperatives, regardless of type and category, shall issue to all their
members, share capital certificate equivalent to their share capital contribution. A list of Share Capital Certificates issued
to members shall be maintained by the cooperative.
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Section 8. Par Value. In a primary cooperative, the par value may be fixed at any amount but not less than Php100.00 nor
more than Php1,000.00.
Cooperatives are prohibited from issuing multiple types of Common Shares with different par value per share. It is likewise
prohibited for any cooperative to increase/decrease the par value of the share capital by way of amending their Articles of
Cooperation and By-laws.
Section 9. Limitation on Share Capital Holdings. No member of a primary cooperative other than a cooperative itself shall
own or hold more than ten per centum (10%) of the share capital of the cooperative.
Section 10. Fines on Unpaid Subscribed Share Capital. The By-laws of a cooperative shall prescribe a fine on unpaid
subscribed share capital. Provided, that such fine is fair and reasonable under the circumstances as determined by the
Board of Directors.
Section 11. Assignment of Share Capital Contribution or Interest. Subject to the provisions of the Code, no member shall
transfer his/her shares or interest in the cooperative or any part thereof unless:
1. He/She has held such share capital contribution or interest for not less than one (1) year;
2. The assignment is made to the cooperative or to a person who falls within the field of membership of the
cooperative; and
3. The Board of Directors has approved such assignment.
Section 12. Interest on Share Capital. Interest on share capital shall not exceed the Rate of Return on Investment.
Unless otherwise provided for in the By-laws of the cooperative, share capital shall earn interest. The rate of interest shall
be computed, as follows:
X (Net Surplus less Statutory Reserves)
Rate of interest = ----------------------------------------------------Total Average Share Month
Where:
X shall be a percentage to be determined by the Board of Directors allocated for interest on share capital.
No allocation of interest on share capital shall be made without the approval of the Board of Directors.
Payment of interest, unless otherwise provided for in the By-laws, must be made on such date as may be determined by
the Board of Directors. The General/Representative Assembly, however, upon the recommendation of the Board of
Directors, may defer the payment of such interest including patronage refund in order to raise revolving capital.
Share capital shall receive a monthly limited rate of interest.
Section 13. Withdrawal of Share Capital. A member of a cooperative may, for any valid reason, withdraw his/her
membership from the cooperative by giving a sixty (60)-day notice to the Board of Directors. Subject to the By-laws of the
cooperative, the withdrawing member shall be entitled to a refund of his/her share capital contribution and all other
interests in the cooperative. Provided, That such refund shall not be made if upon such payment, the value of the assets of
the cooperative would be less than the aggregate amount of its debts and liabilities exclusive of his/her share capital
contribution.
Section 14. Patronage Refund. The principle of Patronage Refund is a principle of equity wherein an equal right of
members to participate in the organization and to equitably share in the benefits accruing there from is established. Under
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this principle, the Net Surplus shall not be construed as profit, but as excess payments made by them from the
cooperative and which shall be deemed to have been returned to them if the same is distributed as prescribed by the
Code and by this Rule. Provided, however, that the amount allocated for patronage refund shall not be less than thirty
percent (30%) of the net surplus after deducting the statutory reserves based on the principle of equity. Provided, further,
That in no case shall the rate of patronage refund be more than twice the rate of interest on share capital.
Section 15. Accounting Procedure. The accounting system to be instituted/maintained in the cooperative shall be in
accordance with the generally accepted accounting principles and practices. The cooperative shall use the Standard
Chart of Accounts and its accompanying Accounting Manual prescribed by the Authority.
RULE 11
SOCIAL AUDIT OF COOPERATIVE
Section 1. Legal Basis. The legal basis for this Rule is Article 80, of the Code, quoted as follows:
"Art. 80. Annual Audit. - Cooperatives registered under this Code shall be subject to an annual financial,
performance and social audit."
"The social audit shall be conducted by an independent social auditor accredited by the Authority."
"The Authority, in consultation with the cooperative sector, shall promulgate the rules and standards for
the social audit of cooperatives."
Section 2. Coverage. All registered cooperatives regardless of type or category shall be subject to social audit.
Section 3.Social Audit. The Social Audit is a procedure where the cooperative assesses its social impact and ethical
performance vis-a-vis its stated goals and social missions. The cooperative's actual social and ethical performances shall
be quantified and qualified according to the parameters to be identified by the Authority.
Section 4.Objectives and Purposes of Social Audit. The cooperative is both an economic and social enterprise. As such,
the social contribution of the cooperative shall indicate the improvement on the social welfare of the members and the
community as a whole.
Social Audit validates the adherence of the cooperative to the seventh cooperative principle which is on the "Concern for
Community" and determines whether the cooperative works for the community's sustainable development through policies
and programs approved by their members.
The audit focuses not only on the economic side of the cooperative but also on the social aspect of the organization. It
appraises the cooperative performance as value-based organization usually participative; community oriented; and nonprofit but service-oriented organization thereby fulfilling its social responsibility to its members and the community as a
whole.
Social Auditing is the systematic review of the attitudes, values, behavior, and degree of interaction of people within the
cooperative as well as the policies, programs and activities being implemented by the cooperative.
Section 5. Scope of Social Audit. During a social audit, the cooperative shall look into the following key areas:
a. Level of participation of the Members and Officers to the operations of the cooperative
b. Impact of the Cooperative Programs and Policies to the Community
c. Uses of Community Development Fund
The Authority shall issue the Guidelines concerning Social Audit.
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Section 6. Applicability. A social audit of a cooperative shall be undertaken by an independent social auditor accredited by
the Authority, who shall submit the social audit report to the Board of Directors of the cooperative. Said report shall form
part of the Cooperative Annual Progress Report (CAPR) to be filed with the Authority.
Section 7. Sanctions. Failure of the cooperative to submit to the Authority the required Social Audit Report as an
attachment to the CAPR shall constitute non-compliance as provided in Rule 8 of these Rules.
Section 8. Transitory Provisions. The Internal Auditor/Audit Committee shall conduct the social audit of the cooperative
pending the accreditation of Social Auditors by the Authority.
Upon approval of the Accreditation Guidelines of Cooperative Social Auditors, the following shall apply:
1. For cooperatives with assets of at least ONE BILLION PESOS (Php1,000,000,000.00), the social audit shall be
undertaken by an independent social auditor accredited by the Authority;
2. For cooperatives with assets less than ONE BILLION PESOS (Php1,000,000,000.00), the social audit shall be
undertaken by the internal auditor or the audit committee of the cooperative.
RULE 12
FINANCIAL SERVICE COOPERATIVE (FSC)
Section 1. Legal Basis. The legal basis for this Rule is Article 121 (1) and (14) of the Code, quoted as follows:
"Art. 121. Regulation and Supervision. - The Authority shall exercise lead regulatory powers and
supervision over the operations of the financial service cooperatives, to wit:
(1) Issue rules and regulations for the safe and sound conduct of operations of financial service
cooperatives.
(14) Appoint a conservator or a receiver as may be necessary subject to the rules and regulations to be
promulgated by the Authority in coordination with the BSP, taking into consideration the grounds, powers
and procedures under Sections 29 and 30 of Republic Act. No. 7653 as may be deemed appropriate to
financial service cooperatives.
The Authority shall include in its rules and regulation appropriate sanctions and penalties, on the financial
service cooperatives, its members, and officers and responsible persons, for any action that fails to adhere
to sound and prudent management practices or are inconsistent with the provisions of this Code."
Section 2. Functions of Financial Service Cooperative. A Financial Service Cooperative (FSC) is a financial
organization owned and operated by its members and authorized to provide the following services, exclusively to its
members: (a) the functions of credit cooperatives and other cooperatives, including multipurpose cooperatives that provide
savings and credit to their members; and (b) other financial services subject to regulation by the BSP.
Section 3. Coverage.(1) All FSC organized for the primary purpose of engaging in savings and credit services and other
financial services, and (2) Existing cooperatives with savings and credit facilities which have formally notified the Authority
of their intention to exercise enhanced functions and have satisfied the requirements of the Authority for conversion to
Financial Service Cooperative.
Section4. Registration. The Articles of Cooperation and By-laws of any FSC, or any amendment thereto, shall be
registered with the Authority, only if accompanied by a Certificate of Authority issued by the BSP. Any existing cooperative
engaged in credit and multi-purpose activities, after it has notified the Authority of its decision to exercise enhanced
functions and satisfied the requirements for the conversion to FSC, shall, upon approval of the Authority and favorable
certification of the BSP, register its amended Articles of Cooperation and By-laws with the Authority.
Section 5. Documentary Requirements. In addition to the documents required by the Authority for registration of new
cooperative/amendments, the following shall likewise be submitted:
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Section 12. Removal of Officers. All complaints for the removal of any elected officer shall be filed with the Board of
Directors. Such officer shall be given the opportunity to be heard. Majority of the Board of Directors may place the officer
concerned under preventive suspension pending the resolution of the investigation which period shall be specified in the
By-laws or policies of the cooperative duly approved by the General/Representative Assembly. Upon findings of a prima
facie evidence of guilt, the Board of Directors shall present its recommendation for removal to the General/Representative
Assembly.
An elective officer may be removed by three-fourths (3/4) vote of the regular members present and constituting a quorum
in a regular or special general assembly meeting called for the purpose. The officer concerned shall be given an
opportunity to be heard at said assembly.
Section 13. Net Worth. The Net Worth of the FSC shall not, at all times, be less than an amount equal to eight percent
(8%) of its risk assets. The net worth positions should be sufficient to meet competitive pressure and adverse economic
conditions as they arise. It should enhance the safety of the members' share and keep pace with growth in FSC assets.
Section 14. Deposit and Borrowing Operations. Savings and Time Deposits with FSC may be opened with a minimum
amount to be determined by the Board of Directors. Only members and its affiliate laboratory cooperative may open
savings and/or time deposit accounts. The FSC, through the Board of Directors, as authorized by the General Assembly,
may borrow from any source at the best terms or conditions available and in such amount that may be needed.
Section 15. Reserve Requirements against Deposit Liabilities. The FSC shall maintain a Liquidity Reserve Fund that
will be restricted in nature, equivalent to at least two per centum (2%) of their savings and time deposit liabilities.
Section 16. Loans. The Board of Directors shall be responsible for setting loan policies and lending procedures. It shall
comply with the provisions of R.A. 3765, otherwise known as the "Truth in Lending Act" and shall make the true and
effective cost of borrowing, an integral part of every loan contract.
Section 17. Investment Program. A sound investment program shall be the sole responsibility and accountability of the
Board of Directors. The scope of the program will depend largely on the FSC size and the extent of its surplus funds.
Investment policies should be in writing and should address the safety, liquidity and yield, diversification, delegation of
authority, and valuation/assessment of securities. The FSC shall not invest in any single entity more than twenty per
centum (20%) of its net worth.
Section 18. Internal Control. The FSC shall adopt a proper plan of organization, accounting control, accounting system,
administrative control, internal control standards, accounting records procedures and other measures to safeguard the
FSC's assets, check the accuracy and reliability of accounting data, promote operational efficiency, and encourage
adherence to prescribed managerial policies.
Section 19. Performance Standards. A policy of transparency and openness must always be maintained whereby the
Books of Accounts, General/Representative Assembly Board Resolutions and Committee Reports are properly kept and
made accessible to members, and the regular financial statements are periodically prepared and made known to the
members, to the Authority and to other parties interested in the FSC's operations.
Section 20. Standard Chart of Accounts. All FSCs shall adopt the Standard Chart of Accounts and its accompanying
Accounting Manual for Credit and Other Types of Cooperatives with Credit Service issued by the Authority.
Section 21. Manual of Rules and Regulations. The Authority shall develop a Manual that will cover: (1) the Rules and
Regulations for the safe and sound conduct of operations of FSCs; (2) Rules and Regulations for the appointment of a
Conservator or a Receiver as may be necessary in coordination with the BSP, taking into consideration the grounds,
powers and procedures under Section 29 and 30 of Republic Act No. 7653 as may be deemed appropriate to FSCs; and
(3) the appropriate sanctions and penalties on the FSCs, its members, officers and responsible persons, for any action
that fails to adhere to sound and prudent management practices or are inconsistent with the provisions of the Code, other
applicable laws on cooperatives, rules, regulations, circulars or orders issued by the Authority, and require the cooperative
to undertake corrective or remedial measures relative thereto.
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The appropriate prudential Rules and Regulations applicable to the FSCs will be developed by the BSP, in coordination
with the Authority.
Section 22. Revocation of Authority. The authority granted, may be revoked by the BSP if any of the grounds for
receivership mentioned under Section 30 of Republic Act. No. 7653, otherwise known as The New Central Bank Act and
Sections 53 and 56 of Republic Act No. 8791, otherwise known as An Act Providing for the Regulation of the Organization
and Operations of Banks, Quasi-Banks, Trust Entities and for Other Purposes are present or if the FSC has willfully
violated the Code or any of the related rules and regulations.
Section 23. Prohibition. The terms 'Credit Cooperatives', 'Financial Service Cooperative', and 'Financial Service
Cooperative Federation' shall be used exclusively by those who are duly registered under the Code, and no person, group
of persons, or organization shall use the said terms unless duly registered with the Authority. Violations of this prohibition
shall be punishable in accordance with Article 140 of the Code.
RULE 13
VOLUNTARY ARBITRATION
Section 1. Legal Basis. The legal basis for this Rule is Article 137 of the Code, quoted as follows:
"Art. 137. Settlement of Disputes, Conciliation, and Mediation Proceedings. - Disputes among members,
officers, directors, and committee members, and intra-cooperative, inter-cooperative, intra-federation or
inter-federation disputes shall, as far as practicable, be settled amicably in accordance with the conciliation
or mediation mechanism embodied in the By-laws of cooperatives and in such other applicable laws.
The conciliation and mediation committee of the cooperative shall facilitate the amicable settlement of
intra-cooperative disputes and disputes among members, officers, directors, and committee members.
Should such conciliation or mediation proceedings fail, the matter shall be settled through voluntary
arbitration: Provided, however, That before any party can validly file a complaint with the Authority for
voluntary arbitration, it must first secure a certification from its conciliation and mediation committee and
from the cooperative union or federation to which it belongs that despite all efforts to settle the issues, the
same have failed.
The jurisdiction of the voluntary arbitrators shall be exclusive and original and their decisions shall be
appealable to the Office of the President. The Authority shall issue and adopt the proper rules of procedure
governing arbitration as the primary and exclusive mode for dispute resolution in accordance with the
Alternative Dispute Resolution Act of 2004.
For this purpose, the Authority shall constitute a list of Qualified Voluntary Arbitrators."
Section 2. Policy and Objectives. These Rules shall provide a fair and expeditious settlement of intra-cooperative and
inter-cooperative disputes through voluntary arbitration as an alternative to judicial proceedings.
Section 3. Applicability of Rules and Judicial Technical Rules. These Rules shall apply to voluntary arbitration
proceedings before the Authority.
Voluntary Arbitration is an administrative proceeding where the technical rules applicable to court or judicial proceedings
shall be liberally applied in the interest of substantive due process.
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If the parties have a common nominee, the CDA shall appoint him/her as Sole Arbitrator, provided he/she is not
disqualified and has declared his/her availability. In the absence of a common nominee or in cases where the common
nominee is disqualified or is not available, the CDA, shall appoint a Sole Arbitrator who is not a nominee of any of the
parties provided he/she is not disqualified and is available for appointment.
Section 8. Arbitral Tribunal. Where the parties agree that the dispute shall be resolved by an Arbitral Tribunal, each
party shall nominate four (4) Arbitrators from the list of CDA Accredited Arbitrators in the order of their preference for
appointment as Voluntary Arbitrators. If there is no common nominee, the CDA shall appoint as members of the Arbitral
Tribunal, one (1) from the nominees of the Complainant and another from the nominees of the Respondent. The Third
Arbitrator shall be selected by the two (2) Arbitrators first appointed within fifteen (15) days from acceptance of their
appointment. The three (3) Arbitrators shall decide among themselves who will be the Chairperson. In case of failure to
agree on the third member within such period, the CDA shall, within fifteen (15) days thereafter, appoint the third member
from its list of accredited arbitrators.
If there is a common nominee, the CDA shall appoint such nominee and one (1) other nominee from each list submitted
by the parties. If there are two (2) common nominees, the CDA shall appoint them and the third member shall be selected
by the first two (2) appointees within the period prescribed above. If there are three (3) common nominees, all of them
shall be appointed.
The appointees so constituted as Arbitral Tribunal shall designate the Chairperson from among themselves.
Section 9. Disqualification of or Non-acceptance by Nominees. If the nominee/s of a Party is disqualified, fails or
refuses to accept the appointment, the CDA shall choose and appoint from among the accredited and qualified Arbitrators.
Section 10. Challenge. The appointment of an Arbitrator may be challenged by a party at any time after his appointment
but before the lapse of the period to file a memoranda under Section 60 of these Rules on the ground of his/her partiality,
bias, incompetence, professional misconduct or other grounds for the disqualification of an Arbitrator. A party may also
request the inhibition of an Arbitrator on the same grounds.
The challenge, motion, or request shall be in the form of a verified complaint stating the facts complained of, supported by
affidavits and documents, if any, of persons having personal knowledge of the facts alleged.
Within fifteen (15) days from receipt of the challenge, the challenged Arbitrator shall decide whether he/she shall accept
the challenge or reject it. If he/she accepts the challenge, he/she shall voluntarily withdraw as Arbitrator. If he/she rejects
it, he/she shall communicate, within the same period of time, his/her rejection of the challenge and state the facts and
arguments relied upon for such rejection. In the case of an Arbitral Tribunal, the challenge shall be decided by the Tribunal
itself. If the Sole Arbitrator or Arbitrator concerned rejects the challenge, the challenging party may request the CDA in
writing to decide on the challenge within thirty (30) days after having received notice of the decision rejecting the
challenge. The CDA shall decide on the challenge within fifteen (15) days from receipt of the request. The decision of the
Arbitral Tribunal or the CDA to accept or reject a challenge is not subject to appeal or motion for reconsideration.
In case the challenged arbitrator voluntarily inhibits himself/herself or is removed, the CDA shall appoint his/her
replacement. If the Arbitrator concerned is the third member of the Arbitral Tribunal, the first two (2) members thereof shall
select his/her replacement. The decision of the CDA to retain, remove or replace a Voluntary Arbitrator shall be final.
Section 11. When Arbitrator Previously Acted as Conciliator/Mediator. A Voluntary Arbitrator who previously acted as
conciliator/mediator in the same controversy cannot act as Arbitrator for the same case when brought to arbitration, unless
all the parties consent to his appointment in writing.
Section 12. Communication of Appointments. The Secretariat shall communicate to the Arbitrator/s their appointment.
Section 13. Disclosure by Arbitrator of Disqualification. Upon acceptance of an appointment, the Arbitrator/s shall
disclose in writing to the CDA any circumstance that may create bias or which he/she believes might disqualify him/her as
an impartial Arbitrator. The written disclosure shall be communicated immediately to the parties by the Secretariat. The
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disclosure shall enable either party to investigate and ascertain whether there is a substantial legal basis to file a motion
for inhibition/challenge of the arbitrator concerned or seek his/her replacement.
Section 14. Acceptance or Refusal. The Sole Arbitrator must communicate to the Secretariat his/her acceptance or
refusal of the appointment within five (5) working days from receipt thereof. If no communication is received within the
prescribed period, the CDA shall appoint another from the list of the party who nominated him/her or, if none is available or
qualified, from the list of CDA Accredited Arbitrators. The parties shall be notified in writing by the Secretariat of such
acceptance.
Section 15. Vacancies. If any Arbitrator should resign, be incapacitated, refuse , or be disqualified for any reason to
perform his/her duties, the CDA shall, within five (5) working days from the occurrence of a vacancy or refusal/inability to
accept appointment, appoint a substitute to be chosen from a list of alternatives previously agreed upon by the parties. In
the absence of such a list, the CDA shall fill the vacancy from the list of CDA Accredited Voluntary Arbitrators.
Section 16. Extent of Power of Arbitrator. The Sole Arbitrator or the Arbitral Tribunal shall decide on issues submitted
for adjudication. They have no power to modify, alter or amend any of the terms of the contract or any supplementary
agreement thereto, or any rule, regulation or policy promulgated by the CDA.
Section 17. Appointment of Experts. The service of technical or legal experts may be engaged in the settlement of
disputes if requested by any of the parties or by the Sole Arbitrator/Arbitral Tribunal. If the request for an expert is done by
either or by both of the parties, it is necessary that the engagement of the expert be confirmed by the Sole
Arbitrator/Arbitral Tribunal.
Whenever the parties request for the services of an expert, they shall equally shoulder the expert's fees and expenses,
half of which shall be deposited with the Secretariat before the expert renders service. When only one party makes the
request, he/she shall deposit the whole amount required.
If the engagement of an expert is required by the Arbitrator/s, the cost of such service/s shall be considered part of the
arbitration expenses which may be ordered to be paid by the losing party or by both parties as the arbitrator/s in
his/her/their award may adjudge, in the absence of a provision in the Terms of Reference signed by the parties relative to
the sharing of these expenses; provided, however, both parties consented to the engagement of an expert.
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An arbitration agreement or a submission to arbitration shall preferably be in writing, or in some other forms, as long as
the intent is clear that the parties agree to submit a present or future controversy arising from disputes mentioned in
Article 137 of R.A. 9520.
It may be in the form of exchange of letters sent by post, courier, electronic means or by telefax, telegrams or any other
mode of communication.
Section 20. Jurisdictional Challenge. A Motion to Dismiss may be filed on the basis of lack of jurisdiction which shall be
resolved by the appointed Arbitral Tribunal/Sole Arbitrator.
Section 21. Exclusive and Original Jurisdiction of the Voluntary Arbitrator/s. The Voluntary Arbitrator/s mutually
chosen by the parties, or appointed by the Appointing Authority in accordance with these Rules, shall have exclusive and
original jurisdiction over the dispute, and their decision shall be appealable to the Office of the President of the Republic of
the Philippines. The Appeal is taken by filing a Notice of Appeal within fifteen (15) days after receipt of the copy of the
Award appealed from. If no appeal is filed within the time as provided herein, such Award becomes final and executory.
Section 22. Interpretation and Application of Rules. The Sole Arbitrator or the Arbitral Tribunal shall interpret and apply
these Rules in so far as they relate to his/its powers and duties. Where there is an Arbitral Tribunal, and a disagreement
arises among the Arbitrators concerning the meaning or application of these Rules, the same shall be decided by a
majority vote.
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If the primary cooperative is unaffiliated, its Conciliation/Mediation Committee shall issue a Certificate of Non-settlement
and a Certificate of Non-Affiliation signed by the Chairperson of the Board of Directors.
Failure or refusal of the conciliation/mediation committee to conduct the conciliation/mediation proceedings and/or to issue
a Certificate of Non-Settlement within five (5) calendar days from the request to conciliate/mediate, the party in interest
shall submit an Affidavit stating such fact.
Any complaint which does not satisfy the documentary requirements shall be considered as not filed.
Section 27. Summons. The Secretariat shall issue a notice/summons together with a copy of the Verified
Request/Complaint within ten (10) working days to the respondent.
Section 28. Time to Answer. The Respondent shall, within fifteen (15) days from receipt of the summons and verified
request/complaint, file his/her Answer containing statements of defense and including such counterclaims as he/she may
assert. The Complainant shall be furnished a copy of the Answer. The Respondent, however, may apply to the Secretariat
for an extension of time not to exceed ten (10) days to file his answer. Failure of the Respondent to file his/her Answer, the
Arbitration Proceedings will commence.
Section 29. Reply to Counterclaim. The Complainant shall file a reply to the answer and to the counterclaim, if any, and
shall furnish respondent a copy thereof within ten (10) days from date of receipt of the Answer.
Section 30. Number of Copies. All pleadings and other documents submitted by the parties, shall be filed in four (4)
original copies, with proof of service.
Section 31. Mode of Service and Filing. All pleadings and other documents shall be filed and served through personal
service or registered mail, Provided, That there is sufficient explanation why resort to such mode of service was made. If
a party is represented by Counsel, service of notice and other pleadings and communications to Counsel is considered
notice to the party concerned.
Section 32. Notices. Notifications or communications from the Secretariat and/or the Arbitrator/s shall be validly made if
they are delivered against receipt or forwarded by registered mail to the address or last known address on record of the
party/ies for which the same are intended.
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Section 48. Briefing on Rules and Procedures. During the initial hearing, the Sole Arbitrator/Arbitral Tribunal shall
inform the parties of the general rules and procedures that will be adopted to ensure a speedy and adequate disposition of
the issues.
Section 49. Opening Statements. The initial proceedings shall start with an opening statement by the parties or an
explanation of the issues and allegations, evidence to prove the issues to substantiate the allegations and the relief
sought.
Section 50. Clarification of the Issues. After the opening statements, the Sole Arbitrator/Arbitral Tribunal shall clarify
and further redefine the issues, if necessary.
Section 51. Order of Presentation. The Sole Arbitrator/Arbitral Tribunal shall determine the order of presentation. The
party who seeks to enforce a right or establish a claim shall present his/her evidence first, followed by the adverse party.
Section 52. Expeditious Procedures. The Sole Arbitrator/Arbitral Tribunal shall at all times adopt the expeditious
procedure in the introduction and reception of evidence, and shall ensure that equal opportunity is granted to the parties
in the presentation of their respective evidence.
Section 53. Presentation of Evidence. The parties shall present their evidence and such other additional documents
and witnesses as the Sole Arbitrator/Arbitral Tribunal shall deem necessary for the resolution of the dispute/s. The Sole
Arbitrator/Arbitral Tribunal shall act according to the merits of the case, and shall not be bound by any technical rules of
evidence. All evidence shall be taken in the presence of the Arbitrator or a majority of the Arbitrators in an Arbitral Tribunal,
and before all the parties, unless a party has waived his right to be present or is absent.
Upon motion of either or both of the parties, or on the initiative of the Sole Arbitrator/Arbitral Tribunal, any person, board,
body, tribunal, government office, agency, instrumentality, or cooperative may be requested to produce real or
documentary evidence for the proper adjudication of the issues.
The Sole Arbitrator/Arbitral Tribunal may likewise direct a person to testify during the arbitration proceedings.
Unless the parties agree on a different method of presentation of evidence, the Sole Arbitrator/Arbitral Tribunal shall
require the simultaneous or successive submission of affidavits of the witnesses which shall contain the direct and rebuttal
testimony, and the documents in support of their respective declarations.
Section 54. Examination by Sole Arbitrator/Arbitral Tribunal. The Sole Arbitrator/Arbitral Tribunal shall conduct the
direct and cross-examination of the witnesses regardless of whether the parties are represented by counsel. A party may
request for a counsel to conduct a direct or cross-examination of the witness presented
Section 55. Documentary Evidence. All documentary evidence presented and offered shall be accepted unless the
same is found to be completely irrelevant or fraudulent by the Sole Arbitrator/Arbitral Tribunal.
Section 56. Ofer of Documents. All documents shall be offered and filed within five (5) days from the termination of the
hearing. All parties shall be afforded the opportunity to examine the submitted documents.
Section 57. Ocular Inspection. The Sole Arbitrator/Arbitral Tribunal may, with due notice to the parties, during office
hours, conduct an ocular inspection on building, and shall inquire from any officer, employee, laborer, or any other
person, information or data relative to the object of the controversy.
Section 58. Power of the Sole Arbitrator/Arbitral Tribunal to Grant Interim Measures.
(a) Unless otherwise agreed by the parties, the Sole Arbitrator/Arbitral Tribunal may, at the request of a party, and
any time during the proceedings, issue interim measures or modify provisional reliefs for the protection of the
subject matter of the dispute. Such interim measures may include, but shall not be limited to, preliminary injunction,
appointment of a receiver or the, preservation or inspection of property subject of the dispute.
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(c) The sole arbitrator/arbitral tribunal shall, before rendering an award, without prejudice to the rights of any party to
petition the court, shall take measures to safeguard the subject of the dispute.
Section 59. Termination of the Hearings. The hearing shall be terminated after the presentation and offer of evidence
shall have been completed.
Section 60. Submission of Memoranda. The parties shall submit their respective memoranda within five (5) working
days from the date of the termination of the hearing or from the date of the filing of additional documents, if previously
agreed upon by the parties, whichever comes first.
Section 61. Award on the Pleadings. In lieu of a formal hearing, the parties may, after the filing of pleadings, documents,
evidences, or memoranda, agree to submit the issues for resolution.
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Section 65. Award, What is Included. The award shall also include the cost of the arbitration proceedings and the
sharing of fees.
Section 66. Termination of Jurisdiction. The jurisdiction of the Sole Arbitrator/Arbitral Tribunal over the dispute shall be
terminated upon the finality of the Award. However, in cases where an appeal is taken, its jurisdiction is terminated only
upon the final disposition of the case by the appellate Body.
Section 67. Notification to Parties on the Award Rendered. The Secretariat shall notify and send copies of the Award
to the parties and their respective Counsels. Additional copies may be obtained from the Secretariat for a fee.
Section 68. Deposit of Award. The Secretariat shall be the depositary of Awards rendered in accordance with these
Rules.
Section 69. Motion for Correction of Award. A Motion for Correction on the Award rendered shall be filed within fifteen
(15) days from receipt thereof when there is a typographical error, error in the stated figures or arithmetical errors, errors
on the date, errors in the description of a person or property referred to in the award.
The filing of Motion for Correction on the Award on the grounds herein mentioned shall interrupt the running of the period
to appeal.
Section 70. Appeal to the Office of the President of the Republic of the Philippines. A Notice of Appeal shall be taken
within fifteen (15) days from receipt of the copy of the Award to the Office of the President. If no appeal is filed within the
time provided, the Award shall become final and executory.
Section 71. When Executory. An arbitral award shall become executory upon the lapse of fifteen (15) days from receipt
thereof by the parties. If the Award is appealed it shall become executory only upon the issuance of an Entry of Judgment
in the appellate Body.
CHAPTER IX. CONFIDENTIALITY AND EXEMPTIONS FROM LIABILITY FOR OFFICIAL ACTS.
Section 73.Confidentiality of Proceedings. Arbitration Proceedings shall be confidential and shall not be published,
except: (i) with the consent of the parties, or (ii) when necessary in case resort to the court is made under the Rules of
Court.
The term "arbitration proceedings" shall include communications to or from the CDA and/or Voluntary Arbitrator, the
pleadings, applications and other papers filed with the CDA and/or voluntary arbitrator, sworn statements, documentary
and testimonial evidence, reports and minutes taken of the proceedings, orders, award or resolutions issued by the Sole
Arbitrator/Arbitral Tribunal.
Section 74. Exemptions from Liability for Official Acts. Voluntary Arbitrators shall not be liable for acts done in the
performance of their official duties except in a clear case of bad faith, malice or gross negligence, as provided in Section
38 (1), Chapter 9, Book 1, of the Revised Administrative Code of 1987.
PART II
SPECIAL PROVISIONS
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RULE I
HOUSING COOPERATIVES
Pursuant to the provisions of Art. 62(13) (par.2) under Chapter V of Republic Act No. 9520, otherwise known as the
Philippine Cooperative Code of 2008, the Cooperative Development Authority, in consultation with NHA, HDMF, HLURB,
HUDCC, SSS, LBP, SHFC, DBP, HGC, DILG, DENR and the concerned cooperative sector, hereby promulgates these
rules and regulations for Housing Cooperatives.
Section 1. Coverage. This Rule shall cover all cooperatives duly registered with the Authority under R.A. 9520 organized
to assist or provide access to housing for the benefit of their regular members.
Section 2. Organization. Fifteen (15) or more natural persons who are Filipino citizens, of legal age, having a common
bond of interest and actually residing or working in the intended area of operation, may organize a housing cooperative.
Section 3. Purposes and Objectives. A Housing Cooperative shall be organized primarily to facilitate access and
provide affordable housing units to its members, and for any or all of the following purposes:
1. To create a resource mobilization program to ensure financial stability for the cooperative.
2. To foster and strengthen the principle of cooperativism by promoting a comprehensive and integrated community
development program which is planned and managed by the cooperative members thereby ensuring a sustained
and self-reliant cooperative community.
3. To develop collaborative efforts and partnership with other cooperatives, with the CDA, NHA, HDMF, SSS, LBP,
DBP, HUDCC, HLURB,DILG, SHFC,HGC and other public or private entities thereby assuring availability of
resources and lower cost of housing development.
4. To expand the cooperative business operations by stabilizing the available resources for the continuing
production of housing units for its members.
5. To undertake such other economic or social activities as may be necessary or incidental in the pursuit of the
foregoing purposes.
Section 4. Housing Projects. Housing Cooperatives may engage in the construction, development and/or management
of housing projects.
Section 5. Registration Jurisdiction. Housing Cooperatives shall file their duly accomplished application for registration
with the CDA Extension Office, which shall have jurisdiction over the said cooperative.
Section 6. Capitalization. For purposes of registration with the Authority, a housing cooperative shall have a minimum
paid-up capitalization of Fifteen Thousand Pesos (Php 15,000.00).
Section 7. Requirements for Registration. The following shall be complied with upon filing of application:
A. New Applicant
(1) Cooperative Name Reservation Notice (CNRN);
(2) Articles of Cooperation and By-Laws;
(3) Sworn Statement of the treasurer elected by the subscribers showing that at least twenty-five per centum (25%)
of the authorized share capital has been subscribed and at least twenty-five per centum (25%) of the total
subscription has been paid: Provided, That in no case shall the paid-up share capital be less than Fifteen Thousand
Pesos (15,000.00);
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(4) Surety Bond of Accountable Officers handling funds, properties and securities;
(5) Pre-Membership Education Seminar (PMES);
(6) Economic Survey;
(7) Pre-Feasibility Study of the housing projects undertaking as reviewed by NHA;
(8) Undertaking to Change Name in the event that another cooperative has acquired prior right to the use of the
proposed name; and
(9) Registration Fee.
B. Existing Cooperative
(1) Amended Articles of Cooperation and By-laws;
(2) A Resolution certified by the Board Secretary and by the majority of the Board of Directors stating that the said
amendments have been duly approved by at least two-thirds (2/3) vote of the members with voting rights;
(3) Audited Financial Statements showing profitable operations for the past two (2) years;
(4) Pre-feasibility study of the housing projects undertaking as reviewed by NHA;
(5) Proof of business track record of the cooperative; and
(6) Amendment Fee.
Section 8. Financing and Technical Assistance. The Authority, in coordination with the appropriate government
agencies and financial institutions, shall assist the housing cooperative in availing technical and financial assistance for its
housing projects.
A blanket loan or long term wholesale loans for the financing of the housing projects undertaken by housing cooperatives
shall be created by the appropriate housing agencies and government financial institutions (GFIs) with interest rates and
terms equal to, or better than those given for socialized housing project in accordance with their charters and rules and
regulations.
CDA and GFIs shall exercise prudence in providing special loan windows to housing projects of cooperatives and shall
craft the Joint Implementing Rules and Regulations on Establishing Special Loan Windows for Housing Projects of
Cooperatives which includes the system of identifying, measuring, monitoring and controlling risks arising from said
activity.
Provided further, That the created special loan window complies and observes the provisions of the Manual of Regulations
for Banks (MORB), specifically Section X395, as follows:
a) It is within the provision of their respective charters;
b) Duly coordinated with the general credit policies and corresponding Schedule of Credit Priorities as embodied in
Appendix 23; and
c) Limit their credit to the economic activities falling Priority II of said schedule to fifty percent (50%) of their
outstanding loans at any time.
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The financing shall be in the form of blanket loans or wholesale loans to qualified cooperatives without need for individual
processing in accordance with existing laws, rules and regulations.
Section 9. Documentary Requirements in Availing for Technical and/or Financial Assistance. The cooperative in
availing technical and/or financial assistance shall file its application with the appropriate government financial institutions.
GFIs shall provide special accommodation/assistance and leniency to cooperatives relative to evaluation and assessment
for the availment of loan under the special loan window for housing projects of cooperatives.
Section 10. Conditions for the Proposed Housing Project. The proposed housing project of the cooperative shall have
the following features as certified by the NHA or any other appropriate government agency:
1. Availability of Land Suitable for Housing. The land proposed for housing is classified as a safe and buildable area
and not affected by any government infrastructure project, agricultural or industrial reserve.
2. Land Ownership. The land is owned by the cooperative or there is an on-going negotiation between the
landowner and cooperative through a Contract to Sell or Reservation Agreement between the landowner and the
cooperative and that the land is free from any liens and encumbrances.
3. Target Beneficiaries. The proposed housing project should have at least thirty (30) initial target memberbeneficiaries.
Section 11. Membership. Membership in Housing Cooperatives shall be open to all natural Filipino citizens who meet the
qualifications for membership prescribed in the Articles of Cooperation and By-laws.
Section 12. Regulatory Power. The Authority shall have the power to regulate the internal affairs of Housing
Cooperatives such as:
a. Exercise of rights and privileges of members;
b. Formulation of rules and procedures and the conduct of meetings of General Assembly, Board of Directors and
Committees;
c. Manner of election and qualifications of Officers, Directors and Committee Members;
d. Allocation and distribution of net surplus; and
e. Other matters relating to the internal affairs of Housing Cooperatives.
All matters relating to the technical aspects of the housing program and such other similar matters affecting the Housing
Cooperatives shall be in accordance with the standards promulgated by existing laws.
Section 13. Joint Monitoring and Evaluation Committee. A Joint Monitoring and Evaluation Committee has been
created, composed of CDA, as the lead agency, NHA, HLURB, HDMF, HUDCC, SSS, LBP, DBP, SHFC, HGC, DILG,
DENR, concerned cooperative sector and other appropriate government agencies and financial institutions.
The Committee shall have the following functions:
1. To formulate joint standards for the proper implementation, monitoring, organization, management, and
development of cooperative housing project, all matters relating thereto.
2. To assist in settling inter/intra cooperative disputes.
3. To submit annual accomplishment report to the Authority.
4. To recommend changes to this IRR from time to time as it may deem necessary.
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Section 14. Settlement of Disputes. Intra/inter cooperative disputes shall be settled as far as practicable through the
conciliation-mediation mechanism embodied under RA 9520, Art. 137, cooperative by-laws, and pertinent issuances.
Should such conciliation-mediation proceedings fail, the matter shall be settled through voluntary arbitration.
However, in cases where the dispute/s fall within the jurisdiction of the HLURB, the same shall be referred to the said
agency and it shall be resolved in accordance with the HLURB regulations.
RULE II
AGRARIAN REFORM COOPERATIVES
Pursuant to the provisions of Art.93 (6) and Art.94 (par. 2) under Chapter XI of Republic Act. No. 9520, otherwise known
as the Philippine Cooperative Code of 2008, the Authority, in consultation with the DAR, BSP, LBP, and the concerned
cooperative sector, hereby promulgates these rules and regulations for Agrarian Reform Cooperatives.
Section 1. Coverage. This Rule shall cover all Agrarian Reform Cooperatives duly registered with the Authority under
R.A. No. 9520.
Section 2. Organization. At least fifteen (15) marginal farmers, majority of whom are Agrarian Reform Beneficiaries in an
agrarian reform area may organize an Agrarian Reform Cooperative.
Section 3. Purposes and Objectives. Agrarian Reform Cooperatives shall be organized for any or all of the following
purposes:
1. To develop an appropriate system of land tenure, land development, land consolidation or land management in
areas covered by agrarian reform;
2. To coordinate and facilitate the dissemination of scientific methods of production;
3. To engage in the business of production, processing, storage, transport, and marketing of farm products for
Agrarian Reform Beneficiaries and their immediate families, hereinafter referred to as "beneficiaries";
4. To provide financial facilities to beneficiaries for provident or production purposes at the least possible costs;
5. To arrange and facilitate the expeditious transfer of appropriate and suitable technology to beneficiaries and
marginal farmers at the lowest possible costs;
6. To provide social security benefits, health, medical and social insurance benefits and other social and economic
benefits that promote the general welfare of the agrarian reform beneficiaries and marginal farmers;
7. To provide a non-formal education, vocational/technical training and livelihood program to beneficiaries and
marginal farmers;
8. To act as channels for external assistance and services to the beneficiaries and marginal farmers;
9. To undertake a comprehensive and integrated development program in agrarian reform and resettlement areas
with special concern for the development of agro-based, marine-based, and cottage-based industries;
10. To represent the beneficiaries on any or all matters that affect their interest; and
11. To undertake such other economic or social activities as may be necessary or incidental in the pursuit of the
foregoing purposes.
Section 4. Registration Jurisdiction. Agrarian Reform Cooperatives shall file their duly accomplished application for
registration with the CDA Extension Office, which has jurisdiction over the said cooperatives.
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Section 5. Registration Requirements. The following shall be complied with upon filing of application:
1. Cooperative Name Reservation Notice (CNRN);
2. Articles of Cooperation and By-Laws;
3. Sworn Statement of the Treasurer elected by the subscribers showing that at least twenty-five per centum (25%)
of the authorized share capital has been subscribed and at least twenty-five per centum (25%) of the total
subscription has been paid: Provided, That in no case shall the paid-up share capital be less than Fifteen Thousand
Pesos (Php15,000.00);
4. Surety Bond of Accountable Officers;
5. Pre-Membership Education Seminar (PMES);
6. Economic Survey;
7. Undertaking to Change Name in the event that another cooperative has acquired prior right to the use of the
proposed name;
8. Collective CLOA in case of plantation based ARBs;
9. Written verification from the DAR to the effect that the cooperative organization is needed and desired by the
beneficiaries; results of a study that has been conducted, fairly indicate the economic feasibility of organizing the
same and that it will be economically viable in its operations; that at least a majority of the members are Agrarian
Reform Beneficiaries, and the same may now be organized and registered in accordance with the requirements of
the Philippine Cooperative Code of 2008; and
10. Registration fee.
Section 6. Cooperative Name. All cooperatives organized for any or all of the purposes/objectives enumerated under
Section 3 of this Rule shall always bear the word "Agrarian Reform" whether engaged in the operation of public utilities
and services and/or other business activities/services.
Existing ARB Coops under DAR Administrative Order No. 05, s2009, shall amend their cooperative name to conform to
this Section.
Section 7. Amendments of Articles of Cooperation and By-laws. Agrarian Reform Cooperatives intending to engage
in the operation of public utilities and services shall amend their Articles of Cooperation and By-Laws providing for such
services. They shall also comply with the other requirements imposed by the Authority and the appropriate government
agencies.
Section 8. Capitalization. For purposes of registration with the Authority, Agrarian Reform Cooperatives shall have a
minimum paid up capitalization of Fifteen Thousand Pesos (Php15, 000.00). However, to engage in the operation of public
utilities and services, the minimum capitalization shall be in accordance with the Rules and Regulations prescribed by the
Authority for Multi-Purpose Cooperatives under Rule 3, Part I of the Revised Rules and Regulations Implementing Certain
and Special Provisions of the Philippine Cooperative Code of 2008 and by the concerned government agency.
In case the ARB Cooperative engages in public utilities and services, it shall comply with the corresponding requirements
prescribed in these Rules and Regulation.
Section 9. Membership Termination and Valuation and/or Transfer of Share Capital. Agrarian Reform Cooperatives,
other than plantation-based Agrarian Reform Cooperatives shall be governed by Articles 30, 31 and 74 of RA 9520 and
the By-laws of the Cooperative.
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However, any plantation-based Agrarian Reform Cooperative which is covered by collective Certificate of Land Ownership
Award (CLOA), shall be governed by the Joint DAR-CDA Administrative Order No. 09, Series of 2008 titled "Revised Rules
and Regulations on ARB Membership Status and Valuation and/or Transfer of Paid-Up Share Capital in Agrarian Reform
Plantation-Based Cooperatives dated September 4, 2008" including any amendments thereto or subsequent issuances.
Section 10. Privileges. Subject to reasonable terms and conditions that may be imposed by the DAR and the Authority,
an Agrarian Reform Cooperative duly registered with the Authority may be given exclusive right to do any or all of the
following economic activities in agrarian reform and resettlement areas:
(1) Supply and distribution of consumer, agricultural, aqua-cultural, and industrial goods, production inputs, and raw
materials and supplies, machinery, equipment, facilities and other services and requirements of the beneficiaries
and marginal farmers at reasonable prices;
(2) Marketing of the products and services of the beneficiaries in local and foreign markets;
(3) Provision of essential public services at cost such as power, irrigation, potable water, passenger and/or cargo
transportation by land or sea, communication services, and public health and medical care services;
(4) Management, conservation, and commercial development of marine, forestry, mineral, water and other natural
resources subject to compliance with the laws and regulations on environmental and ecological controls; and
(5) Provision of financial, technological, and other services and facilities required by the beneficiaries in their daily
lives and livelihood.
Such terms and conditions shall be jointly formulated by the DAR and the Authority.
Section 11. Preferential Right/Treatment. In agrarian reform and resettlement areas, a duly registered Agrarian Reform
Cooperative shall have preferential right/treatment from the government in the following matters:
(1) In the construction, maintenance and management of roads, bridges, canals, wharves, ports, reservoirs,
irrigation systems, waterworks systems, and other infrastructures with government funding. The technical
assistance, facilities and equipment for such agrarian reform cooperative shall be provided by the Government.
(2) In the grant of Franchise and Certificate of Public Convenience and Necessity for the operation of public utilities
and services: Provided, That it meets the requirements and conditions imposed by the appropriate government
agency granting the Franchise or Certificate of Public Convenience and Necessity,
In case of electric service provider in the area, it shall, upon the request of an Agrarian Reform Cooperative, immediately
provide electric services in the agrarian reform areas. If the electric service provider fails to provide the services requested
within a period of one (1) year, the Agrarian Reform Cooperative may undertake to provide the electric services in the area
through its own resources. All investments made by the said Agrarian Reform Cooperative for the electrification of the
agrarian reform resettlement areas shall be the subject of sale to the electric service provider once it takes on the service.
Section 12. Lease of Public Lands. Agrarian Reform Cooperatives may lease public lands for a period not exceeding
twenty five (25) years, subject to renewal for another twenty five (25) years only, provided the application for renewal shall
be made one (1) year before the expiration of the lease and such lease shall be for the exclusive use and benefit of the
beneficiaries and marginal farmers subject to the provisions of the CARP, as amended.
Section 13. Cooperative Estates. Landholdings like plantations, estates, or haciendas acquired by the State in
accordance with the CARP, as amended, for the benefit of the workers shall be collectively owned through a Collective
CLOA by the worker beneficiaries under a cooperative set-up.
Section 14. Assistance. The Government shall provide the necessary financial and technical assistance to Agrarian
Reform Cooperatives to enable them to discharge the purposes and objectives under Section 3 of this Rule which shall be
in accordance with a joint program for the organization and financing of the Agrarian Reform Cooperatives. The joint
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program shall be geared towards the gradual assumption of full ownership and management control of the cooperative
estate by the Agrarian Reform Cooperatives.
Section 15. Regulatory Power. The Authority shall have the power to regulate the internal affairs of Agrarian Reform
Cooperatives such as:
a. Exercise of rights and privileges of members;
b. Formulation of rules and procedures and the conduct of meetings of General Assembly, Board of Directors and
Committees;
c. Manner of election and qualifications of Officers, Directors, and Committee Members;
d. Allocation and distribution of net surplus; and
e. Other matters relating to the internal affairs of Agrarian Reform Cooperatives.
All matters relating to land acquisition, development of an appropriate system of land tenure, land development, land
consolidation, or land management in areas covered by agrarian reform and such other similar matters affecting the
Agrarian Reform Cooperatives shall be regulated by the DAR.
All matters relating to land valuation and assessment shall be regulated by the LBP.
Section 16. Financing Program. Any Financing Program to be availed of by Agrarian Reform Cooperatives shall be in
accordance with the joint program to be developed by the DAR, the BSP, GFIs, concerned cooperative banks and the
Authority.
Section 17. Settlement of Disputes. Intra/inter cooperative disputes shall be settled as far as practicable through the
conciliation-mediation mechanism embodied under RA 9520, Art. 137, cooperative by-laws, and pertinent issuances.
Should such conciliation-mediation proceedings fail, the matter shall be settled through voluntary arbitration.
However, in cases where the dispute/s fall within the jurisdiction of the DAR, the same shall be referred to the said agency
and it shall be resolved in accordance with the DAR regulation.
RULE III
INSURANCE COOPERATIVES
Pursuant to the provisions of Art.108 under Chapter XIII of Republic Act. No. 9520, otherwise known as the Philippine
Cooperative Code of 2008, the Authority, in consultation with the Insurance Commission and the concerned cooperative
sector hereby promulgate these rules and regulations for Insurance Cooperatives.
Section 1. Coverage. This Rule shall cover all Insurance Cooperatives duly registered under R.A. 9520 organized for the
purpose of engaging in the business of insuring the life and property of cooperatives and their members.
Section 2. Organization. Fifteen (15) or more duly registered cooperatives may organize as Insurance Cooperative.
Section 3. Purposes and Objectives. An Insurance Cooperative shall provide its constituting cooperatives and their
members with life and property insurance coverage/products, which may include but not limited to, life insurance with
special group coverage, loan protection, retirement plans, endowment, health and accident coverage, fire insurance, motor
vehicle coverage, bonding, crop, livestock protection and equipment insurance.
It may also provide micro-insurance products and the regular insurance products to cooperatives and its members.
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Section 4. Membership. Membership in Insurance Cooperative shall be open to all duly registered cooperatives of all
types and categories.
Section 5. Registration Jurisdiction. Any applicant cooperative proposing to engage into the business of insuring life
and property of cooperatives and their members shall file their duly accomplished application for registration with the CDA
Central Office Registration Division. Provided, That no application shall be processed unless there is a prior endorsement
from the Commission.
Section 6. Capitalization. An Insurance Cooperative shall have a minimum capitalization of at least 50% of those
provided under the Insurance Code of the Philippines, as amended, and applicable rules, regulations and laws.
Section 7. Certificate of Authority. An Insurance Cooperative registered with the Authority pursuant to this Rule shall
secure a Certificate of Authority from the Commission before it can engage in the business of insurance. Failure to secure
the Certificate of Authority within two (2) years from the date of its registration shall be a ground for the
revocation/cancellation of the Certificate of Registration.
Said Certificate of Authority shall expire on the last day of December, three (3) years following its date of issuance, and
shall be renewable every three (3) years thereafter, subject to the insurance cooperatives continuing compliance with the
provisions of the Insurance Code, circulars, instructions, rulings or decisions of the Commission.
Section 8. Suspension or Revocation of Certificate of Authority. The Commission may, after due notice and hearing,
suspend or revoke the Certificate of Authority issued to an Insurance Cooperative for violation of any existing laws, rules
or regulations, or any provisions of the Insurance Code.
Section 9. Regulatory Power. The Authority shall have the power to regulate the internal affairs of Insurance Cooperative
such as:
a. Exercise of rights and privileges of members;
b. Formulation of rules and procedures and the conduct of meetings of the General Assembly, Board of Directors
and Committees;
c. Manner of election and qualifications of Officers, Directors, and Committee Members;
d. Allocation and distribution of net surplus; and
e. Other matters relating to the internal affairs of Insurance Cooperatives.
All matters relating to the organization and operations concerning insurance business of such Insurance Cooperative shall
be regulated by the Commission as provided for in the Insurance Code and other related rules, regulations and laws.
Section 10. Joint Committee. In order to fully implement the provisions of this Rule, a Joint Committee, to be composed
of two (2) representatives each from the Authority and the Commission and a representative from the Insurance
Cooperatives shall be formed. The representative from the Authority shall Chair the Committee.
The Joint Committee shall be constituted within thirty (30) days upon effectivity of these Rules and Regulations.
Section 11. Functions of the Joint Committee. The Joint Committee shall have the following functions:
1. To oversee the implementation of this Rule;
2. To ensure compliance with the administrative and other requirements of the Authority and the Commission;
3. To make recommendation on the amendment of this Rule as maybe necessary; and
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RULE IV
WATER SERVICE COOPERATIVES
Pursuant to the provisions of Art.111 (3) under Chapter XIV of Republic Act. No. 9520, otherwise known as the Philippine
Cooperative Code of 2008, the Authority, in consultation with the NWRB, the LWUA, and the concerned cooperative
sector, hereby promulgates these rules and regulations for the Water Service Cooperative.
Section 1. Coverage. This Rule shall apply to all cooperatives duly registered with the Authority under R.A. 9520 whose
main purpose or one of its purposes is to own, operate, and manage water supply systems for the provision and
distribution of potable water to their members and other consumers/customers.
Section 2. Organization. Fifteen (15) or more natural persons who are Filipino citizens, of legal age, having a common
bond of interest and actually residing or working in the intended area of operation, may organize a Water Service
Cooperative.
Section 3. Membership in Water Service Cooperative. Membership in Water Service Cooperative is composed of two
kinds:
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a. Regular Member - refers to a natural person (member-consumer) with water service connection; having the right
to vote and be voted upon; and is entitled to all the rights and privileges of membership under the Code.
b. Associate Member - refers to member-institution or entity availing of the services of Water Service Cooperative,
such as, but not limited to: corporation, industrial and commercial establishment, joint venture, other cooperatives,
place of worship, local government building or facility, etc, as maybe represented by the head of such establishment
or entity, but is not entitled to vote and be voted upon. However, it shall be entitled to the preferential rights and
privileges as indicated in the Cooperative By-laws and under the Code.
Section 4. Requirements for Registration. The following shall be complied with upon filing of application:
1. Cooperative Name Reservation Notice ( CNRN);
2. Articles of Cooperation and By-laws;
3. Sworn Statement of the Treasurer elected by the subscribers showing that at least twenty-five per centum (25%)
of the authorized share capital has been subscribed and at least twenty-five per centum (25%) of the total
subscription has been paid: Provided, That in no case shall the paid-up share capital be less than Fifteen Thousand
Pesos (P15,000.00);
4. Surety Bond of Accountable Officers handling funds properties and securities;
5. Certificate of Pre-Membership Education Seminar (PMES);
6. Economic Survey;
7. Undertaking to Change Name in the event that another cooperative has acquired prior right to the use of the
proposed name;
8. Authority to access and use the land by the registered owner and proof of ownership or possession of the land;
and
9. Registration fee.
Section 5. Registration Jurisdiction. Water Service Cooperatives shall file their duly accomplished application with the
CDA Extension Office, having jurisdiction over the said cooperatives.
Section 6. Capitalization. For purposes of registration with the Authority, a Water Service Cooperative shall have a
minimum paid-up capitalization of Fifteen Thousand Pesos (Php15,000.00).
Section 7. Service Area. The cooperative shall only provide services within the area specified in the Certificate of Public
Convenience (CPC). In case of expansion, the cooperative shall apply for an extension of service area with the NWRB.
Section 8. Water Permit. Every Water Service Cooperative shall secure a water permit from the NWRB in accordance
with the provisions of the Water Code of the Philippines.
Section 9. Regulatory Power. The Authority shall have the power to regulate the internal affairs of Water Service
Cooperatives, such as:
a. Exercise of rights and privileges of members;
b. Formulation of rules and procedures and the conduct of meetings of the General Assembly, Board of Directors
and Committees;
c. Manner of election and qualifications of Officers, Directors, and Committee Members;
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Philippine Cooperative Code of 2008.Other reports required by the NWRB, DOH and other government agencies shall
likewise be submitted to the concerned agency.
Section 14. Sanctions and Penalties. All Water Service Cooperatives shall be subjected to corresponding sanctions and
penalties as may be imposed by the Authority and the NWRB for violation or non-compliance with administrative and
statutory requirements.
Section 15. Efect of Not Securing Water Permit and/or CPC. For Water Service Cooperative operating without water
permit and/or CPC, the Authority shall report the matter to the NWRB for appropriate action. The NWRB shall notify the
Authority of whatever action taken on the matter. Failure of the cooperative to legalize its operation within two (2) years
from the date of referral to the NWRB shall be considered a valid ground for the revocation of its Certificate of
Registration, after due process.
Section 16. Action on the Application for CPC. Upon submission of the complete requirements for the issuance of
CPC, the NWRB shall either approve or reject the same within six (6) months from date of receipt thereof.
Section 17. Settlement of Disputes. Intra/inter cooperative disputes shall be settled as far as practicable through the
conciliation-mediation mechanism embodied under RA 9520, Art. 137, cooperative by-laws, and pertinent issuances.
Should such conciliation-mediation proceedings fail, the matter shall be settled through voluntary arbitration.
However, in cases where the issue/s fall within the jurisdiction of the NWRB, the same shall be referred to the said agency
and it shall be resolved in accordance with the NWRB regulation.
RULE V
TRANSPORTATION SERVICE COOPERATIVES
Pursuant to the provisions of Art.113 (par. 2) under Chapter XIV of Republic Act. No. 9520, otherwise known as the
Philippine Cooperative Code of 2008, the Authority, in consultation with the DOTC, LTO, LTFRB, MARINA, OTC and the
concerned cooperative sector, hereby promulgates these rules and regulations for Transportation Service Cooperatives.
Section 1. Coverage. This Rule shall cover all Transportation Service Cooperatives duly registered with the Authority
under RA 9520 which are organized to render public services such as land and sea/water transportation services, but is
limited to small vessels, for the safe conveyance of passengers and/or cargoes. Transportation Service Cooperatives
organized under the provisions of Executive Order No. 898, Series of 1983, shall be governed by Chapter XIV of RA 9520,
and by this Rule.
Section 2. Allied Businesses by Transportation Service Cooperative. Subject to pertinent national laws and local
ordinances, primary Transportation Service Cooperatives including secondary and tertiary federation of transportation
service cooperatives, may engage in a business related to transportation service, including but not limited to:
1. Importation, distribution and marketing of petroleum products in accordance with existing laws;
2. Operation of gasoline stations and transportation service centers;
3. Importation, distribution and marketing of spare parts and supplies; and
4. Marketing of vehicle/drivers insurance policies.
Section 3. Multi-purpose Cooperatives intending to engage in Transportation Service. Multi-purpose Cooperatives
intending to engage in regular passenger and/or cargo services as an additional activity shall comply with the following
requirements:
1. Amended Articles of Cooperation and By-Laws;
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2. CETOS;
3. Franchise and vehicle units requirement, as provided in this Rule and other requirements as may be prescribed
by appropriate regulatory agencies; and
4. Amendment Fee.
Section 4. Registration Jurisdiction. Transportation Service Cooperative shall file their duly accomplished application
with the CDA-Extension Office where its principal office is located, which shall have jurisdiction over the said cooperative.
Section 5. Capitalization. For purposes of registration with the Authority, Transportation Service Cooperatives shall have
a minimum paid up capitalization of Fifteen Thousand Pesos (Php15,000.00).
However, to operate as such, the minimum capitalization and number of units owned by the cooperative shall be in
accordance with the rules and regulations prescribed by the concerned government agency as shown below:
TYPE OF VEHICLE
MINIMUM
CAPITALIZATION
NO. OF
UNITS
A. Land
Tricycl
e
P15,000.00
Jeepney
P30,000.00
Taxi
P30,000.00
AUV/FX/VAN
P30,000.00
Mini Bus/Bus
P50,000.00
P50,000.00
Ship
P10,000,000.00
Ferry Boat
P5,000,000.00
Motorized Banca
P100,000.00
Newly registered cooperatives and those intending to include transport services as one of their business activities shall
have five (5) years from the date of registration/approval of amendments to comply with the minimum number of units
owned by the cooperative as required above.
Existing transportation service cooperatives shall have three (3) years, from the effectivity of this Revised Rule, within
which to comply with the above requirements.
Failure to comply with the required number of units owned by the transportation service cooperatives shall cause the
cancellation of the Certificate of Registration after due process.
Section 6. Registration Requirements. The following shall be complied with upon filing of application:
1. Cooperative Name Reservation Notice ( CNRN);
2. Articles of Cooperation and By-laws;
3. Sworn Statement of the treasurer elected by the subscribers showing that at least twenty-five per centum (25%)
of the authorized share capital has been subscribed and at least twenty-five per centum (25%) of the total
subscription has been paid: Provided, That in no case shall the paid-up share capital be less than Fifteen Thousand
Pesos (Php15,000.00);
4. Pre-Membership Education Seminar (PMES);
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Section 2. Coverage. This Rule shall apply to all ECs registered with the Authority under R.A. 9520 that may undertake
power generation utilizing renewable energy sources, including hybrid systems, acquisition and operation of sub
transmission or distribution as its primary purpose. This Rule shall also cover new distribution utilities that will register with
the Authority.
Section 3. Cooperative Principles and Practices. ECs registered with the Authority shall conduct their affairs in
accordance with Filipino culture, good values and experience and the universally accepted principle of cooperation in
accordance with Article 4 of RA 9520.
Section 4. Membership in the Electric Cooperatives. Membership in ECs registered with the Authority shall have the
following types:
a. Regular Member - refers to a natural person (member-consumer)(MCOs/member-customer owners) with
electrical service connection who has the right to vote and be voted upon and entitled to all the rights and privileges
of membership under the Code.
b. Associate Member - refers to a member-institution or entity availing of the services of electric cooperative, such
as, but not limited to: corporation, industrial and commercial establishment, joint venture, other cooperatives, place
of worship, local government building or facility, etc, as represented by the head of such establishment or entity, but
is not entitled to vote and be voted upon. However, it shall be entitled to the preferential rights and privileges as
indicated in the By-laws and under the Code.
Section 5. Registration Requirements. The following are the requirements for the registration of ECs which shall be
submitted in four (4) copies to the Authority:
A. Registration Documents:
a.1. For NEA registered cooperatives:
1. Certified true copy of the board resolution on the result of the referendum approving the registration
of the cooperative with the Authority in compliance with laws;
2. Certified copy of Articles of Incorporation and By-Laws;
3. Duly audited financial statement for the past two (2) immediately preceding years;
4. List of names of incumbent Board of Directors and their addresses certified by the Board Secretary
and attested to by the Chairperson;
5. Sworn Statement of the Treasurer of the authorized share capital, the subscribed share capital of the
members, and the amount of paid-up share capital of members and the amount of paid-up share
capital received by the Treasurer, to be submitted within six (6) months from the registration; and
6. Surety Bond of Accountable Officers handling funds, properties and sureties;
a.2. For new ECs:
1. Cooperative Name Reservation Notice (CNRN);
2. Articles of Cooperation and By-laws;
3. Sworn Statement of the Treasurer elected by the subscribers showing that at least twenty-five per
centum (25%) of the authorized share capital has been subscribed and at least twenty-five per centum
(25%) of the total subscription has been paid: Provided, That in no case shall the paid-up share capital
be less than Fifteen Thousand Pesos (Php15,000.00);
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Capex, or RFSC) from the MCOs, for such period, as the basis for the ECs determination of at least ten per centum (10%)
that the EC will credit to each individual account of the MCO and for which equity share certificate will be issued.
No share capital certificate shall be issued to a subscriber until the full amount of his/her subscription together with interest
and expenses, if any is due, has been paid. The distribution of share capital certificates shall be done annually preferably
on the General Assembly. In case of loss or destruction, the EC may issue a duplicate certificate, if such certificate is
proven to have been lost or destroyed or defaced or mutilated or torn or is surrendered to the electric cooperative upon
execution and submission by a member of an Affidavit of Loss or such other documents evidencing defacement/mutilation
or surrender of such share capital certificate.
Section 13. Quorum Requirement. Unless otherwise provided in the By-laws of the EC, quorum shall be five per centum
(5%) of all the members entitled to vote.
Section 14. Term of Office. Unless otherwise provided in the By-laws of the EC, the term of office of the members of the
Board shall not exceed three (3) years; however, they shall be eligible for re-election.
Section 15. Rates and Tarifs. All electricity rates and tariffs of EC registered under the Authority shall be subject to the
rules on application and approval of the Energy Regulatory Commission.
Section 16. Additional Report. All ECs duly registered with the Authority shall submit a List of Members with Share
Capital Certificates as mandated under the Revised Implementing Rules and Regulations Implementing Certain and
Special Provision of Republic Act No. 9520.
In case of non-compliance despite due notice, the EC shall pay the penalty in the amount of One Hundred Pesos (Php
100.00) per day of delay;Provided that ECs shall be given two (2) years from the effectivity of these rules within which to
comply with the provisions of herein.
Section 17. Settlement of Disputes. Intra/inter cooperative disputes shall be settled as far as practicable through the
conciliation-mediation mechanism embodied under RA 9520, Art. 137, cooperative by-laws, and pertinent issuances.
Should such conciliation - mediation proceedings fail, the matter may be settled through voluntary arbitration.
However, in cases where the issue/s fall within the jurisdiction of the Energy Regulatory Commission or the NEA, the
same shall be referred to the said agency and shall be resolved in accordance with their respective rules and regulation.
RULE VII
DAIRY COOPERATIVES
Pursuant to the provisions of Republic Act. No. 9520, otherwise known as the Philippine Cooperative Code of 2008, the
Authority in consultation with the National Dairy Authority hereby promulgates these rules and regulations for Dairy
Cooperatives.
Section 1. Coverage. This Rule shall cover all dairy Cooperatives duly registered under R.A. 9520 organized for the
purpose of engaging in the procurement, processing and marketing of milk and dairy products.
Section 2. Organization. Fifteen (15) or more natural persons who are Filipino citizens, of legal age, having a common
bond of interest and actually residing or working in the intended area of operation, may organize a dairy cooperative.
Section 3. Purposes and Objectives. A Dairy Cooperative shall be organized for any or all of the following purposes:
1. To standardize the quality, uniformity of grade of milk, and other dairy products;
2. To assist its members a guaranteed market outlet, to bargain for the best price terms possible in the market
place, including over-order premiums in milk marketing orders, and to market the milk efficiently, i.e., balancing plant
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needs, diverting milk surpluses, and assembling producer milk and to have the highest quality producer milk
possible in the market; and
3. To effectively represent their constituting members in the legislative, regulatory and public relations arenas.
Section 4. Membership. Membership in Dairy Cooperatives shall be open to all dairy farmers.
Section 5. Registration Jurisdiction. Any applicant Dairy Cooperative shall file its duly accomplished application for
registration with the CDA Extension Office, having jurisdiction over the said cooperative.
Section 6. Registration Requirements. The following shall be complied with upon filing of application:
1. Cooperative Name Reservation Notice ( CNRN);
2. Articles of Cooperation and By-laws;
3. Sworn Statement of the treasurer elected by the subscribers showing that at least twenty-five per centum (25%)
of the authorized share capital has been subscribed and least twenty-five per centum (25%) of the total subscription
has been paid: Provided, That in no case shall the paid-up share capital be less than Fifteen Thousand Pesos
(P15,000.00);
4. Pre-Membership Education seminar (PMES);
5. Surety Bond of Accountable Officers handling funds, properties and sureties;
6. Economic Survey;
7. Undertaking to Change Name in the event that another cooperative has acquired prior right to the use of the
proposed name;
8. Undertaking to comply with the auditing and accounting standards prescribed by the Authority;
9. Other requirements as may be required by law; and
10. Registration Fee.
Section 7. Capitalization. A Dairy Cooperative shall have a minimum paid-up capitalization of at least Fifteen Thousand
Pesos (Php15,000.00).
Section 8. Regulatory Power. The Authority shall have the power to regulate the internal affairs of Dairy Cooperatives,
such as:
a. Exercise of rights and privileges of members;
b. Formulation of rules and procedures and the conduct of meetings of the General Assembly, Board of Directors
and Committees;
c. Manner of election and qualifications of Officers, Directors, and Committee Members;
d. Allocation and distribution of net surplus; and
e. Other matters relating to the internal affairs of Dairy Cooperatives.
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All matters relating to the technical and operations concerning dairy business of such Dairy Cooperative shall be regulated
by the NDA, DOH-FDA and other concerned government agencies.
Section 9. Settlement of Disputes. Intra/inter cooperative disputes shall be settled as far as practicable through the
conciliation-mediation mechanism embodied under RA 9520, Art. 137, cooperative by-laws, and pertinent issuances.
Should such conciliation-mediation proceedings fail, the matter may be settled through voluntary arbitration.
However, in cases where the issue/s fall within the jurisdiction of the NDA, DOH-FDA the same shall be referred to the
said agencies and shall be resolved in accordance with their regulations.
RULE VIII
LABOR SERVICE COOPERATIVE AND WORKERS COOPERATIVE
Section 1. Legal Basis. The legal basis for this Rule are as follows:
"ART. 23. Type and Categories of Cooperatives. (1) Types of Cooperatives Cooperatives may fall under
any of the following types:
(e) Service Cooperative is one which engages in medical and dental care, hospitalization, transportation,
insurance, housing, labor, electric light and power, communication, professional and other services;
"(t) Workers Cooperative is one organized by workers, including the self-employed, who are at same time
the members and owners of the enterprise. Its principal purpose is to provide employment and business
opportunities to its members and manage it in accordance with cooperative principles.
Section 2. Policy. It is the declared policy of the State to foster the creation and growth of cooperatives as a practical
vehicle for promoting self-reliance and harnessing people power towards the attainment of economic development and
social justice. The State shall encourage the private sector to undertake the actual formation and organization of
cooperatives and shall create an atmosphere that is conducive to the growth and development of these cooperatives.
These Rules shall serve as a guide to service cooperatives which are engaged in labor contracting and sub-contracting
arrangements as defined under existing laws, and workers cooperative that provides labor to, and produces products in,
an enterprise owned by the worker-members.
Section 3. Applicability. This Rule shall cover the following:
a. Labor service cooperative refers to a cooperative that is engaged in providing a specific labor, job, or service to
a principal under a contracting or sub-contracting arrangements as may be defined under existing laws and in
accordance with the cooperative principles set forth under the Philippine Cooperative Code of 2008 (RA9520); and
b. Workers cooperative refers to a cooperative organized by workers, including the self-employed, who are at the
same time members and owners of the enterprise. The principal purpose is to provide employment and business
opportunities to its worker-members and to manage it in accordance with the cooperative principles.
Section 4. Distinction and Authorized Activities. The following shall be the distinction between labor service
cooperative and workers cooperative:
Labor Service Cooperative
Workers Cooperative
As to nature of activities
As to existence of employer
employee relationship
Self-employed individual is
allowed by the cooperative in
regard to its enterprise.
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g. Solidary liability -refers to the liability of the principal as direct employer pursuant to the provision of Article
109 of the Labor Code, jointly with the contractor for any violation of the provisions of the Labor Code, as
amended, and these Rules.
It also refers to the liability of the principal, in the same manner and extent that he/she is liable to his/her
direct employees, to the extent of the work performed under the contract when the contractor fails to pay the
wages of his/her employees, as provided in Article 106 of the Labor Code, as amended, and these Rules.
h. Substantial Capital - refers to the capital required by DOLE for labor service cooperatives to engage in
labor contracting and sub-contracting arrangement. However, for purposes of registration with the Authority,
the minimum paid up capital requirement is Fifteen Thousand (Php15, 000.00) Pesos.
i. Trilateral Relationship -refers to the relationship in a contracting or subcontracting arrangement where there
is a contract for a specific job, work or service between the principal and the contractor, and a contract of
employment between the contractor and its worker-member. The parties involved in these arrangements are:
the Principal who decides to farm out a job, work or service to a contractor; the Contractor who has the
capacity to independently undertake the performance of the job, work or service; and the Contractual
Employees who may or may not be cooperative members, engaged by the contractor to accomplish the job,
work or service.
Section 6. Legitimate Contracting or Subcontracting. Contracting or Subcontracting undertaken by a cooperative shall
be considered legitimate, if all the following circumstances concur:
(a) The contractor must be registered as a labor service cooperative with the Authority in accordance with these
Rules, and carries a distinct and independent business and undertakes to perform the job, work or service on its
own responsibility, according to its own manner and method, and free from control and direction of the principal in
all matters connected with the performance of the work except as to the results thereof;
(b) The contractor has substantial capital and/or investment; and
(c) The Service Agreement is compliant with the rights and benefits due to the worker-members under existing laws.
Section 7. Trilateral Relationship in Contracting Arrangements undertaken by a Cooperative. In legitimate
contracting or subcontracting arrangement undertaken by a cooperative, there exists:
(a) An employer-employee relationship between the contractor and the worker-member it engaged to perform the
specific job, work or service being contracted. Any cooperative that does not recognize the existence of this
relationship shall not be considered as engaged in legitimate contracting or subcontracting arrangements; and
(b) A contractual relationship between the principal and the contractor as governed by the provisions of the Civil
Code.
Any violation of the provision in the Labor Code, including the failure to pay wages, the principal and the contractor are
solidarily liable, to the extent of the work performed under the employment contract.
The Principal, however, shall be deemed to be the direct employer of the contractors worker-members where there is a
finding by a competent authority that prohibited activities such as of labor-only contracting, or commission of prohibited
activities as defined under existing laws, rules, and regulations has been committed.
Section 8. Labor-only Contracting and other Prohibited Activities. Labor Service Cooperatives and Workers
Cooperatives are prohibited from engaging in the following activities:
A. Labor-only Contracting refers to an arrangement where:
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i. The cooperative does not have substantial capital or investment in the form of tools, equipment,
machineries, work, premises, among others and the employee recruited and deployed are performing
activities which are usually necessary or desirable to the operation of the company, or directly related to the
main business of the principal within a definite or predetermined period, regardless of whether such job, work,
or service is to be performed or completed within or outside the premises of the principal; or
ii. The cooperative does not exercise the right to control the method in the performance of the work of the
worker-member.
B. Other Prohibitions. Notwithstanding the preceding paragraph, the following activities are hereby declared
prohibited for being contrary to law or public policy:
1. Contracting out of jobs, work or services when not done in good faith and not justified by the exigencies of
the business such as the following:
i. Contracting out of jobs, works, services when the same results in the termination or reduction of
regular employees and reduction of work hours or reduction or splitting of the bargaining unit.
ii. Contracting out of work with a Cabo.
iii. Taking undue advantage of the economic situation or lack of bargaining strength of the contractors
employees, or undermining their security of tenure or basic rights, or circumventing the provisions of
regular employment, in any of the following instances:
a) Requiring them to perform functions which are currently being performed by the regular
employees of the principal; and
b) Requiring them to sign, as a precondition to employment or continued employment, an
antedated resignation letter; a blank payroll; a waiver of labor standards including minimum
wages and social or welfare benefits; or a quitclaim releasing the principal, contractor or from
any liability as payment of future claims.
iv. Contracting out of a job, work or service through an in-house agency.
v. Contracting out of a job work or service that is necessary or desirable or directly related to the
business or operation of the principal by reason of a strike or lockout whether actual or imminent.
vi. Contracting out of job, work or service being performed by union members when such will interfere
with, restrain or coerce employees in the exercise of their rights to self-organization as provide in Article
248 of the Labor Code, as amended.
vii. Repeated re-hiring of employees under the employment contract of short duration or under a
Service Agreement of short duration with the same and different contractors, which circumvents the
Labor Code provision on the security of tenure.
viii. Requiring employees under a subcontracting arrangement to sign the contract fixing the period of
the employment to a term shorter than the term of the Service Agreement, unless the contract is
divisible into phases for which substantially different skills are required and this is made known to the
employee at the time of the engagement.
ix. Refusal to provide a copy of a Service Agreement and the employment contract between the
contractor and employees deployed to work in the bargaining unit of the principals certified bargaining
agent to the sole and exclusive bargaining agent. (SEBA)
Section 9. Required contracts under these Rules.
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(a) Membership agreement between the cooperative and the worker-member that includes the following:
(i) entitlement of the individual member to enjoy the rights and privileges as a member of the cooperative,
including the share in patronage refund and dividends, when due;
(ii) voluntary acceptance by the individual member to comply with his obligations as defined under the
cooperative by-laws, its policies and practices, including payment of share capital contribution and capital
build up; and
(iii) adherence to cooperative principles in accordance with law;
(b) Employment contract between the contractor and worker-member shall include the following terms and
conditions:
(i) specific description of the job, work or service to be performed by the worker-member;
(ii) place of work and terms and conditions of employment, including a statement of the wage rate applicable
to the worker-member; and
(iii) term or duration of employment that must be co-extensive with the Service Agreement or with the specific
phase of work for which the worker-member is engaged.
The contractor shall inform the worker-member of the foregoing terms and conditions of employment in writing on or
before the first day of his/her employment.
(c) Service Agreement between the principal and the contractor shall include the following:
(i) specific description of the job, work or service being subcontracted.
(ii) place of work and terms and conditions governing the contracting arrangement, to include the agreed
amount of the services to be rendered, the standard administrative fee of not less than ten percent (10%) of
the total contract cost.
(iii) Provisions ensuring compliance with all the rights and benefits of the worker-member under the Labor
Code and these Rules;
(iv) provision on the Net Financial Contracting Capacity of the contractor, which must be at least equal to the
total contract cost.
(v) contractor or subcontractor shall directly remit monthly the employers share and employees contribution
to the SSS, ECC, Philhealth and Pag-IBIG.
(vi) The term or duration of engagement must be specific;
(vii) The Service Agreement must conform to the Standard Service Agreement as defined under existing
laws, rules, and regulations. The Standard computation of Administrative fees shall be as follows:
REIMBURSABLE COSTS:
a. Payable directly to member-employees
(i) Salaries
xxx
xxx
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(iii) ECOLA
xxx
xxx
(v) SIL
xxx
Subtotal
xxx
xxx
(ii) Philhealth
xxx
xxx
xxx
Subtotal
xxx
xxx
xxx
xxx
Reimbursable costs as herein defined shall not form part of the income of the contractor. It shall be treated as a refund by
the principal of the funds advanced by the contractor.
Section 10. Bond of Membership. The bond of membership for both labor service and workers cooperative shall be
occupational.
Section 11. Scope of Operations. Labor service and workers cooperative may operate nationwide provided that the
cooperative can show that it has the technical and financial capacity to pursue its undertaking, and that its members may
be able to exercise their rights and privileges as such in accordance with law.
Section 12. Membership in the Labor Service Cooperatives and Workers Cooperatives. Membership in the labor
service cooperatives and worker cooperatives registered with the Authority shall have the following types:
a. Regular Member - refers to a worker-member who has the right to vote and be voted upon and entitled to all the
rights and privileges of membership under the Code.
b. Associate Member - refers to a worker-member not entitled to vote and be voted upon. However, he/she shall be
entitled to the preferential rights and privileges as indicated in the By-laws and under the Code. An associate
member who has patronized the cooperative for two (2) years, may apply for regular membership provided he/she
meets the minimum requirements of regular membership. Failure of the associate member to apply for regular
membership after the lapse of two (2)
years as mentioned herein shall mean termination of his/her membership in the cooperative.
Section 13. Rights and Obligations of worker-member. All worker-member shall be entitled to all the rights and
privileges as provided for in the Labor Code as amended and RA 9520 and shall have the duty to comply with their
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respective obligations as members of the cooperative as provided under RA 9520 and related laws, rules, regulations and
jurisprudence.
Section 14. Security of Tenure of Contractors Employees. Termination of membership shall not mean automatic
termination of employment. However, it shall be a ground to terminate employment if the basis of the termination of
membership constitutes violation of the policies, rules, and regulation of the cooperative;
Section 15. Observance of Required Standards of Due Process; Requirements of Notice. In all cases of termination
of employment, the standards of due process laid down by law shall be complied with. In cases of termination of
membership of the worker-member, the procedures laid down in the by-laws and the cooperatives policies, rules, and
regulations shall be observed.
Section 16. Termination of Membership and Employment, Efects. Termination of employment does not automatically
terminate membership. However, refusal of the member to be deployed by the cooperative without justifiable reason may
be a ground to terminate membership in accordance with the by-laws, policies, rules, and regulations of the cooperative,
provided, that those who have reached the mandatory retirement age shall not be denied continued membership.
Section 17. Mandatory Registration/Accreditation of Cooperatives as Contractors/Sub-contractors with the DOLE.
Consistent with the rules of the Department of Labor and Employment (DOLE), all labor service cooperatives and multipurpose cooperatives engaged in labor service contracting shall register and seek accreditation with the Regional Office
of the DOLE where they principally operate.
Section 18. Procedures.
1. Technical assistance. The proposed cooperative may inquire from the CDA Extension Office the list of
requirements, and the Cooperative Development Specialist (CDS) shall assist in explaining the procedure and
compliance hereto.
2. Submission of required documents in accordance with the guidelines in the registration of primary cooperatives
issued by the Authority.
Section 19.Cooperative Name and Prohibition. No cooperative name shall be allowed by the Authority if the
proposed name is identical or deceptively or confusingly similar to that of any existing cooperative, contrary to public
policy, moral and existing laws.
The use of the following in the names of the cooperative shall not be allowed:
1. Manpower,
2. Development,
3. Integrated,
4. Incorporated,
5. Corporation,
6. Partnership,
7. Other similar connotation and abbreviations.
In addition, the use of the word federation and union in the name of the proposed primary cooperative is likewise
prohibited except if it is part of the registered name of the association or institution where the members of the proposed
cooperative come from.
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Section 20. Compliance with Other Laws. Labor Service Cooperatives shall comply with the Labor Code, the Social
Security Act, the Medical Care Act, and all other social legislations and, all other laws, executive orders whose provisions
are applicable to cooperatives and not contrary to R.A. 9520 and this Implementing Rules and Regulations, and existing
jurisprudence.
Section 21. Transitory Provision. Existing cooperatives engaged in labor service, manpower service, and workers
service registered with the Authority previous to the issuance of these Rules shall strictly comply with the requirements
prescribed herein. The necessary amendment to registered objectives and purposes including membership qualification
should be modified accordingly following the process of amendment within two (2) years from the effectivity of this IRR.
Section 22. Monitoring and Inspection. The Extension Office (EO) concerned shall monitor and conduct inspection of
the said Labor Service Cooperatives and Workers Cooperatives to ensure compliance with these guidelines, laws, rules
and regulations, issuances of the Authority and other appropriate government agencies.
Section 23. Repealing Clause. Any provisions of previous issuances of the Authority which are inconsistent with these
Rules are hereby repealed or modified accordingly.
COMMON PROVISIONS
Section 1.Requirements. A copy of these Rules shall be among the documents required to be kept ready and accessible
for inspection and examination by the members of the cooperative and the Authority in accordance with RA 9520, Art. 52.
Section 2. Interpretation. Unless otherwise stated in these Rules, any doubt as to the meaning of any provision thereof
shall be resolved and interpreted liberally in favor of the cooperatives and their members.
Section 3. Suppletory Rule. Special Rules, Circulars, Orders and other issuances by appropriate government agencies
in pursuance to the provisions of the RA 9520 and these Rules, and which are not inconsistent therewith, shall have
suppletory application to these Rules.
Section 4. Mandate. The Authority is mandated to implement and enforce these Rules and Regulations.
Section 5. Separability. If any provision of these Rules and Regulations is declared null and void or unconstitutional, the
other provisions not affected thereby shall continue to be in force and effect.
Section 6. Amendment. These Rules and Regulations shall be subject to automatic review three (3) years after the
effectivity thereof. Any amendment thereto, shall be subject to the review of the JCOCC.
Section 7. Efectivity. These Rules and Regulations shall take effect fifteen (15) days after publication in the Official
Gazette or in a newspaper of general circulation.
Promulgated this 18th day of March 2015, Quezon City, Philippines.
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