Sie sind auf Seite 1von 16

In an era when many feel powerless to change their lives,

cooperatives represent a strong, vibrant and viable economic


alternative.

PHILOSOPHIES AND
PRINCIPLES PF
COOPERATIVES
GROUP 6 ⚫ It is essentially an exchangeable piece of value of a company
which can fluctuate up or down, depending on several different
FUND SOURCING, CAPITALIZATION AND ALLOCATION OF NET market factors.
SURPLUS
⚫ Companies divide capital into shares as a means of raising
capital. Shares are also known as stocks.
CAPITAL
Article 71.
SHARE CAPITAL is the money invested in a company by the
The capitalization of cooperatives and the accounting procedures shall shareholders. Share capital is a long-term source of finance.
be governed by the provisions of this Code and the regulations which
⚫ In return for their investment, shareholders gain a share of the
shall be issued.
ownership of the company.
AUTHORIZED SHARE
CAPITAL SOURCES
⚫ It is the number of stock units (shares) that a company can issue
Article 72. as stated in its memorandum of association or its articles of
incorporation. Authorized share capital is often not fully used by
Cooperatives may derived their capital from any or all of the following management in order to leave room for future issuance of
resources: additional stock in case the company needs to raise capital
-Members share capital; quickly.

-Loans and borrowings including deposits; SUBSCRIBED SHARE

-Revolving capital (deferred payment of patronage refunds of interest ⚫ It is that part of issued share capital for which company has
on share capital; and positively received subscription from the investors. In simple
words, when a company issues shares to raise fund, it may or
-Subsidies, donations, legacies, grants, aids and such other assistance may not find the investors for all of its shares. Thus, the part of
from any local or foreign institution whether public or private; issued share capital for which company has successfully found
the subscribers is known as subscribed share capital.
PAID-UP SHARE
SHARE, SHARE CAPITAL, BORROWINGS & REVOLVING
CAPITAL. ⚫ It is the amount of money a company has received from
shareholders in exchange for shares of stock. Paid-up capital is
created when a company sells its shares on the primary market
SHARE directly to investors. When shares are bought and sold among
investors on the secondary market, no additional paid-up capital
⚫ A share is a single unit of ownership in a company or financial is created as proceeds in those transactions go to the selling
asset. shareholders, not the issuing company.
BORROWING ARTICLE 86
⚫ To receive money from another party with the agreement that the ORDER OF DISTRIBUTION
money will be repaid. Most borrowers borrow at interest, meaning
they pay a certain percentage of the principal amount to the lender
as compensation for borrowing. Most loans also have a maturity date RESERVE FUND
by which time the borrower must have repaid the loan. Borrowing
occurs informally from family and friends, at the retail level through a ⊙ Shall be at least 10% of the net surplus: Provided, That, in the first
bank, and also on a large-scale involving governments and five (5) years of operation after registration, this amount shall not
institutional investors. be less than fifty per centum (50%) of the net surplus

REVOLVING CAPITAL ⊙ The reserve fund shall be used for the stability of the cooperative
and to meet net losses in its operations. The general assembly may
⚫ A revolving capital is an available loan balance that is replenished as decrease the amount allocated to the reserve fund when the
a borrower pays back a lender. The amount can then be drawn down reserve fund already exceeds the share capital.
again by the borrower. The lender usually imposes a requirement
that the entire loan be paid down at least once a year. The most ⊙ The reserve fund shall not be utilized for investment, other than
common type of revolving fund is the line of credit. those allowed in this Code. Such sum of the reserve fund in excess
of the share capital may be used at any time for any project that
⚫ A revolving capital is intended to pay for short-term needs, such as would expand the operations of the cooperative upon the resolution
variations in the working capital requirements of a company that is of the general assembly.
subject to seasonal sales.
⊙ Upon the dissolution of the cooperative, the reserve fund shall not
be distributed among the members. The general assembly may
ARTICLE 85. resolve:

NETSURPLUS ◦ To establish a usufructuary trust fund for the benefit of any


federation or union to which the cooperative is affiliated
Notwithstanding the provisions of existing laws, the net surplus of ◦ To donate, contribute, or otherwise dispose of the amount for
cooperatives shall be determined in accordance with its bylaws. Every the benefit of the community where the cooperative operates.
cooperative shall determine its net surplus at the close of every fiscal ◦ If the members cannot decide upon the disposal of the reserve
year and at such other times as may be prescribed by the bylaws.
fund, the same shall go to the federation or union to which the
"Any provision of law to the contrary notwithstanding, the net surplus cooperative is affiliated.
shall not be construed as profit but as an excess of payments made by
the members for the loans borrowed, or the goods and services availed
EDUCATION AND TRAINING FUND
by them from the cooperative or the difference of the rightful amount
due to the members for their products sold or services rendered to the ⊙ An amount for the education and training fund, shall not be more
cooperative including other inflows of assets resulting from its other than ten per centum (10%) of the net surplus. The bylaws may
operating activities and which shall be deemed to have been returned provide that certain fees or a portion thereof be credited to such
to them if the same is distributed as prescribed herein.” fund. The fund shall provide for the training, development and
similar other cooperative activities geared towards the growth of the return our investments and patronage refunds: Provided, that any
cooperative movement amount remaining after the allowable interest and the patronage refund
have been deducted shall be credited to the reserve fund.
⊙ Half of the amount for the CETF shall be used by the
cooperative for its own education and training needs while the "The sum allocated for patronage refunds shall be made available at
other half may be given to a higher-level cooperative / union or the same rate to all patrons of the cooperative in proportion to their
federation chosen by the cooperative or of which the individual patronage: Provided, That:
cooperative is affiliated with. The said union or federation shall
a) In the case of a member patron with paid-up share capital
submit to the Authority and to its contributing cooperatives the
contribution, his proportionate amount of patronage refund shall
following schedules:
be paid to him unless he agrees to credit the amount to his
○ List of cooperatives which have remitted their respective account as additional share capital contribution;
Cooperative Education and Training Funds (CETF)
b) In the case of a member patron with unpaid share capital
○ Business consultancy assistance to include the nature contribution, his proportionate amount of patronage refund shall
and cost be credited to his account until the share capital contribution has
been fully paid;
○ Other training activities undertaken specifying therein
the nature, participants and cost of each activity In the case of a non-member patron, his proportionate amount of
patronage refund shall be set aside in a general fund for such patrons
⊙ Upon the dissolution of the cooperative, the unexpended and shall be allocated to individual non-member patrons only upon
balance of the education and training fund appertaining to the request and presentation of evidence of the amount of his patronage.
cooperative shall be credited to the cooperative education and The amount so allocated shall be credited to such patron toward
training fund of the chosen union or federation. payment of the minimum capital contribution for membership. When a
COMMUNITY DEVELOPMENT FUND sum equal to this amount has accumulated at any time within a period
specified in the bylaws, such patron shall be deemed and become a
⊙ An amount for the community development fund, which shall not member of the cooperative if he so agrees or requests and complies
be less than three per centum (3%) of the net surplus. The with the provisions of the bylaws for admission to membership;
community development fund shall be used for projects or
activities that will benefit the community where the cooperative If within any period of time specified in the bylaws, any subscriber who
operates. has not fully paid his subscribed share capital or any non-member
patron who has accumulated the sum necessary for membership but
who does not request nor agree to become a member or fails to comply
ALLOCATION AND DISTRIBUTION OF NET SURPLUS with the provisions of the bylaws for admission to membership, the
amount so accumulated or credited to their account together with any
1. OPTIONAL FUND part of the general fund for nonmember patrons shall be credited to the
reserve fund or to the education and training fund of the cooperative, at
Not more than (7%) shall be set aside for Optional Fund for land and
the option of the cooperative.
Building and any other necessary fund.
2. INTEREST ON SHARE CAPITAL AND PATRONAGE REFUND
The remaining net surplus shall be made available to the members in
the form of interest on share capital not to exceed the normal rate of
In furtherance of this policy, the appropriate national economic
planning agency and include the promotion of growth and
expansion of cooperatives as a major and indispensable
Group 7 component of national development plans. All departments,
branches, subdivisions and instrumentalities of the Government
The Cooperative Development Authority: Regulatory and shall promote the formation of cooperatives under their respective
Developmental Functions programs by providing them with appropriate and suitable
incentives.

Republic Act No. 6939 The State recognizes the cooperative sector as primarily
Revised Rules and Regulations implementing certain and special responsible for the institutional development of cooperatives.
provisions of the Philippine Cooperative Code of 2008 Accordingly, the State recognizes the rights of the cooperative
sector to initiate and foster within its own ranks cooperative
AN ACT CREATING THE COOPERATIVE DEVELOPMENT promotion, organization, training, information gathering, audit and
AUTHORITY TO PROMOTE THE VIABILITY AND GROWTH OF support services, with government assistance where necessary.
COOPERATIVES AS INSTRUMENTS OF EQUITY, SOCIAL Government assistance to cooperatives shall be free from any
JUSTICE AND ECONOMIC DEVELOPMENT, DEFINING ITS restriction and conditionality that may in any manner infringe upon
POWERS, FUNCTIONS AND RESPONSIBILITIES, the objectives and character of cooperatives as provided in this
RATIONALIZING GOVERNMENT POLICIES AND AGENCIES Act. The State shall, except as provided in this Act, maintain the
WITH COOPERATIVE FUNCTIONS, SUPPORTING policy of noninterference in the management and operation of
COOPERATIVE DEVELOPMENT, TRANSFERRING THE cooperatives.
REGISTRATION AND REGULATION FUNCTIONS OF
EXISTING GOVERNMENT AGENCIES ON COOPERATIVES Section 2. Creation of the Cooperative Development
AS SUCH AND CONSOLIDATING THE SAME WITH THE Authority. — The Cooperative Development Authority is hereby
AUTHORITY, APPROPRIATING FUNDS THEREFOR, AND created under the Office of the President to carry out the provision
FOR OTHER PURPOSES. of this Act.

Section 1. Declaration of Policy. — It is hereby declared the Section 3. Powers, Functions and Responsibilities. — The
policy of the State to promote the viability and growth of Authority shall have the following powers, functions and
cooperatives as instruments of equity, social justice and responsibilities:
economic development and to create an agency, in fulfillment of
the mandate in Section 15, Article XII of the Constitution. Toward (a) Formulate, adopt and implement integrated and
this end, the State shall recognize cooperatives as associations comprehensive plans and programs on cooperative development
organized for the economic and social betterment of their consistent with the national policy on cooperatives and the overall
members, operating business enterprises based on mutual aid, socioeconomic development plans of the Government;
and founded upon internationally accepted cooperative principles
and practices. (b) Develop and conduct management and training programs
upon request of cooperatives that will provide members of
cooperatives with the entrepreneurial capabilities, managerial
expertise, and technical skills required for the efficient operation
of their cooperatives and inculcate in them the true spirit of (k) Administer all grants and donations coursed through the
cooperativism and provide, when necessary, technical and Government for cooperative development, without prejudice to
professional assistance to ensure the viability and growth of the right of cooperatives to directly receive and administer such
cooperatives with special concern for agrarian reform, fishery and grants and donations upon agreement with the grantors and
economically depressed sectors; donors thereof;

(c) Support the voluntary organization and consensual (l) Formulate and adopt continuing policy initiatives consultation
development of activities that promote cooperative movements with the cooperative sector through public hearing;
and provide assistance towards upgrading managerial and
technical expertise upon request of the cooperatives concerned; (m) Adopt rules and regulations for the conduct of its internal
operations;
(d) Coordinate the efforts of the local government units and the
private sector in promotion, organization, and development of (n) Submit an annual report to the President and Congress on the
cooperatives; state of the cooperative movement; and

(e) Register all cooperatives and their federations and unions, (o) Exercise such other functions as may be necessary to
including their division, merger, consolidation, dissolution or implement the provisions of cooperative laws and, in the
liquidation. It shall also register the transfer of all or substantially performance thereof, the Authority may summarily punish for
all of their assets and liabilities and such other matters as may be direct contempt any person guilty of misconduct in the presence
required by the Authority; of the Authority which seriously interrupts any hearing or inquiry
with a fine of not more than Five hundred pesos (P500.00) or
(f) Require all cooperatives, their federations and unions to submit imprisonment of not more than ten (10) days, or both. Acts
their annual financial statements, duly audited by certified public constituting indirect contempt as defined under Rule 71 of the
accountants, and general information sheets; Rules of Court shall be punished in accordance with the said Rule.

(g) Order the cancellation after due notice and hearing of the Section 4. Governing Body. — The Authority shall be governed
cooperative's certificate of registration for non-compliance with by a Board of Administrators consisting of a Chairman and six (6)
administrative requirements and in cases of voluntary dissolution; members to be appointed by the President, all of whom shall be
chosen from among the nominees of the cooperative sector with
(h) Assist cooperatives in arranging for financial and other forms two (2) representatives each from Luzon, Visayas and Mindanao.
of assistance under such terms and conditions as are calculated They shall serve for a term of six (6) years without reappointment:
to strengthen their viability and autonomy; Provided, That among those first appointed, the Chairman shall
serve for a term of (6) years, three (3) members to serve for a
(i) Establish extension offices as may be necessary and term of four (4) years, and three (3) members to serve for a term
financially viable to implement this Act. Initially, there shall be of two (2) years: Provided, further, That there shall be four (4) ex
extension offices in the Cities of Dagupan, Manila, Naga, Iloilo, officio members, one (1) each from the: (a) Department of
Cebu, Cagayan de Oro and Davao; Agriculture, (b) Department of Transportation and
Communications, (c) National Electrification Administration, and
(j) Impose and collect reasonable fees and charges in connection (d) Sugar Regulatory Administration. Said representation status
with the registration of cooperatives; for the agencies is on a nonvoting basis and terminates one (1)
year from the operation of the Authority, but said ex officio determined by the Board.
members shall not be holding any other board position in any The Board of Administrators shall appoint an Executive Director
government entity. The Chairman and members shall serve on a who shall be the chief operating officer of the Authority whose
full-time basis. Any vacancy in the Board shall be filled by compensation shall be fixed by the Board of Administrators.
appointment by the President in accordance with the membership
allocation set forth in this section: Provided, That a member so Section 7. Organization of the Authority. — The Authority shall
appointed shall serve only for the unexpired term. be organized within one hundred twenty (120) days from the
effectivity of this Act.
Section 5. Qualifications of Members of the Governing
Board. — No person shall be appointed Chairman or member of Section 8. Mediation and Conciliation. — Upon request of either
the Board of Administrators unless he possesses the following or both parties, the Authority shall mediate and conciliate disputes
qualifications: within a cooperative or between cooperatives: Provided, That if
no mediation or conciliation succeeds within three (3) months
(a) A natural-born Filipino citizen of legal age; from request thereof, a certificate of non-resolution shall be
issued by the commission prior to the filing of appropriate action
(b) A Bachelor's Degree in Cooperatives, Economics, Finance, before the proper courts.
Agriculture, Fisheries, Veterinary Medicine, Business, Social
Science, Law, Management, or in similar fields of study and five Section 9. Power to Register Cooperatives. — The power to
(5) years of experience as an official or officer of a cooperative, register cooperatives shall be vested solely on the Authority. The
government agency, or nongovernment organization engaged in functions of the following departments and agencies relating to
cooperative development or, in the absence of a Bachelor the registration of cooperatives as such are hereby transferred to
Degree, at least ten (10) years of experience in cooperatives the Authority:
either as an officer of a cooperative or a government agency or
nongovernment organization engaged in cooperative (a) The Department of Agriculture;
development; and
(b) The Bureau of Agricultural Cooperatives Development;
(c) Must be a resident of the region he represents for at least five
(5) years. (c) The Department of Transportation and Communications;
Any person appointed as Chairman or regular member of the
Board of Administrators shall divest himself of any direct or (d) The Sugar Regulatory Administration;
indirect pecuniary interest in or dealings with cooperatives upon
his appointment. (e) The National Electrification Administration; and

Section 6. Board of Administrators Meeting. — The Board of (f) Any other pertinent government agency.
Administrators shall meet at least once a month for the
transaction of its regular business. Special meetings may be The Bureau of Agricultural Cooperatives Development created
called by the Chairman or majority of the members to consider under Executive Order No. 116, Series of 1987, is hereby
specific matters. A majority vote by the entire Board shall be abolished and its qualified employees are hereby absorbed by the
required for a decision. All meetings of the Board shall be held at Cooperative Development Authority, in accordance with its
the head office in Metro Manila or at any other place as may be staffing pattern, subject to Civil Service rules and regulations and
rules of the Office of Compensation and Position Classification: The role of nongovernment organizations, not registered as
Provided, That the Regional Cooperative Development cooperatives but duly registered under Philippine laws and
Assistance Offices of Regions IX and XII, created under engaged in cooperative promotion, organization, research and
Executive Order No. 634, are also hereby abolished and their education, shall be recognized. The Authority may accredit such
employees shall be given preference for employment with the nongovernment organizations as non-academic training
Cooperative Development Authority in accordance with its staffing organizations. The training courses offered by them may be
pattern, subject to Civil Service rules and regulations: Provided, eligible as credits for the purposes of academic, professional and
finally, That those who are not absorbed shall be given separation career advancements of their trainees. Existing training centers
pay computed at one and one-fourth (1 1/4) months salary for for cooperatives may qualify as nongovernment organizations
every year of service. Service of six (6) months or more shall be under this Act.
considered as one (1) year in computing the years of service for
severance pay and, whenever applicable, other retirement State colleges and universities shall provide technical assistance
benefits under existing laws. and guidance to cooperatives in the communities wherein they
Section 10. Transfer of Funds and Programs. — The Cooperative operate, upon request.
Development Loan Fund created under Presidential Decree No.
175, as amended, is hereby transferred from the Department of Section 12. Cooperatives in the Banking System. — The
Agriculture to the Authority. promotion and development of cooperative banks as part of the
Philippine banking system shall be a major concern of the
The function of the Fund for Management Training and Authority which shall undertake the necessary program towards
Assistance Program granted to the Department of Agriculture by this end in collaboration with the Central Bank of the Philippines
Presidential Decree No. 175, as amended, is likewise hereby and the cooperative sector concerned.
transferred to the Authority.
Section 13. Rule-Making Authority. — The Authority is hereby
The fund provided for the Management Training and Assistance authorized to promulgate, after due public hearing and upon
Program under Presidential Decree No. 175, as amended, is approval of the President, such rules and regulations as may be
hereby converted into a fund for the development of cooperatives necessary to implement the provisions of this Act. Such
and may be used for such purpose upon the request of the implementing rules and regulations shall take effect within fifteen
cooperatives concerned: Provided, That duly registered (15) days after publication thereof in the Official Gazette or in two
cooperatives shall have the right to establish their own private (2) newspapers of general circulation. All subsequent
training centers or federations for purposes of cooperative amendments to the implementing rules and regulations shall
development. undergo the same process.

In addition, the Cooperative Marketing Project as created under Section 14. Prohibition. — No organization shall be allowed to
loan agreements which are now managed by the Department of use the title "cooperative" in its name unless it follows all generally
Agriculture is likewise hereby transferred to the Authority. accepted cooperative principles, applicable cooperative laws, and
is duly registered under this Act: Provided, That organizations
Section 11. Cooperatives in the Education System. — The which have used the word "cooperative" as part of their
history, philosophy, principles and practices of cooperatives and nomenclature but which do not qualify as cooperatives under the
their role as a factor in the national economy shall be provisions of this Act shall have three (3) years within which to
disseminated both in formal and non-formal education. qualify and to register with the Authority. If at the end of the three-
year period provided herein, the said organizations still do not Section 18. Repeals. — All acts, general orders, executive
qualify, it shall be unlawful for the organizations to continue using orders, letters of implementation, letters of instruction, regulations
the word "cooperative" in their names. or circulars, or parts thereof, inconsistent with any of the
provisions of this Act are hereby repealed or modified accordingly.
Section 15. Information Campaign. — The Cooperative In case of doubt, the same shall be resolved in favor of the
Development Authority is mandated to conduct a six (6) months cooperatives.
information campaign on the provisions of this Act, beginning
three (3) months from the effectivity of this Act. Section 19. Separability. — If for any cause any part of this Act
is declared unconstitutional, the rest of the provisions shall remain
Section 16. Appropriations. — The funds needed to carry out in force and effect.
the provisions of this Act shall be charged to the appropriations of
the Bureau of Agricultural Cooperatives Development and the Section 20. Effectivity. — This Act shall take effect fifteen (15)
Regional Cooperative Development Assistance Offices of days after its publication in the Official Gazette or in a newspaper
Regions IX and XII under the current General Appropriations Act of general circulation.
in addition to the appropriations of other
departments/agencies/funds whose functions/programs are Approved: March 10, 1990
transferred to the Authority: Provided, That in its initial year of
operations, an additional amount of not exceeding Sixty million
pesos (P60,000,000.00) may be requested and drawn by the
REVISED RULES AND REGULATIONS IMPLEMENTING CERTAIN
Authority from the Contingent Fund of the President. Thereafter,
AND SPECIAL PROVISIONS OF THE PHILIPPINE COOPERATIVE
such sums as may be necessary for its continued implementation
CODE OF 2008
shall be included in the annual General Appropriations Act.
RULE 1. REPRESENTATIVE ASSEMBLY
Section 17. Transitory Provisions. — All cooperatives
registered under Presidential Decree Nos. 175 and 775, and The Legal basis for this Rule is Article 5 (2), (10) of the Code,
Executive Order No. 898 shall be deemed registered with the quoted as follows:
Cooperative Development Authority: Provided, however, That • "(2) General Assembly shall mean the full membership of the
they shall submit to the nearest Cooperative Development cooperative duly assembled for the purpose of exercising all the
Authority office their certificates of registration, copies of their rights and performing all the obligations pertaining to cooperatives,
articles of incorporation and bylaws, and their latest duly audited as provided by this Code, its articles of cooperation and by-laws.
financial statements within one (1) year from effectivity of this Act, Provided; that for cooperatives with numerous and dispersed
otherwise, their registration shall be cancelled: Provided, further, membership, the general assembly may be composed of delegates
That cooperatives created under Presidential Decree No. 269, as elected by each sector, chapter or district of the cooperative and in
amended by Presidential Decree No. 1645, shall be given three accordance with the rules and regulations of the Cooperative
(3) years within which to qualify and register with the Authority: Development Authority."
Provided, finally, That after these cooperatives shall have
qualified and registered, the provisions of Sections 3 and 5 of • “(10) Representative Assembly means the full membership of
Presidential Decree No. 1645 shall no longer be applicable to the the body of representatives elected by each of the sectors, chapter
said cooperatives. or district of the cooperative duly assembled for the purpose of
exercising such powers lawfully delegated unto them by the (1) Two (2) or more cooperatives may merge into a single
general assembly in accordance with its by-laws." 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
RULE 2. SUBSIDIARY COOPERATIVE
three-fourths (3/4) vote of all members with voting rights, present and
The legal basis for this Rule is Article 5 (16) of the Code, quoted as constituting a quorum of each of the constituent cooperatives at
follows: separate general assembly meetings. The dissenting members shall
have the right to exercise their right to withdraw their membership
• "Art. 5 (16) Subsidiary Cooperative refers to any organization pursuant to Article 30.
all or majority of whose membership or shareholders come from a
cooperative, organized for any other purpose different from that of, (3) The Authority shall issue the guidelines governing the
and receives technical, managerial and financial assistance from, a procedure of merger or consolidation of cooperatives. In any case, the
cooperative, in accordance with the rules and regulations of the merger or consolidation shall be effective upon the issuance of the
Authority.” Certificate of Merger or Consolidation by the Authority.

RULE 3. MULTIPURPOSE COOPERATIVE


The legal basis for this Rule is Article 10 of the Code quoted as follows: Art. 22. Effects of Merger and Consolidation. - The merger or
consolidation of the cooperatives shall have the following
"Art. 10. Organizing a Primary Cooperative. effects:
Any newly organized primary cooperative may be registered as (1) The constituent cooperatives shall become a single cooperative
multipurpose cooperative only after compliance with the minimum which, in case of merger, shall be the surviving cooperative, and, in
requirements for multi-purpose cooperatives to be set by the Authority. case of consolidation, shall be the consolidated cooperative;
A single-purpose cooperative may transform into a multipurpose or may
create subsidiaries only after at least two (2) years of operation." (2) The separate existence of the constituent cooperatives shall
cease, except that of the surviving or the consolidated cooperative;
RULE 4. DIVISION OF COOPERATIVES
(3) The surviving or the consolidated cooperative shall possess all
• "Art. 20. Division of Cooperatives. - Any registered rights, privileges, immunities and powers and shall be subject to all the
cooperative may, by a resolution approved by a vote of three-fourths duties and liabilities of a cooperative organized under this Code;
(3/4) of all the members with voting rights, present and constituting
a quorum, resolve to divide itself into two (2) or more cooperatives. (4) The surviving or the consolidated cooperative shall possess all
The procedure for such division shall be prescribed in the regulations the assets, rights, privileges, immunities and franchises of each of the
of the Authority. The new cooperatives shall become legally constituent cooperatives; and
established upon registration with the Authority: Provided, that all the
(5) The surviving or the consolidated cooperative shall be
requirements set forth in this
responsible for all the liabilities and obligations of each of the
RULE 5 constituent cooperatives in the same manner as if such surviving or
GUIDELINES GOVERNING THE PROCEDURE FOR MERGER OR consolidated cooperative had itself incurred such liabilities or
CONSOLIDATION obligations. Any claim, action or proceeding pending by or against any
such constituent cooperatives may be prosecuted by or against the
Art. 21. Merger and Consolidation of Cooperatives. surviving or consolidated cooperative, as the case may be. Neither the
rights of creditors nor any lien upon the property of any of such • (1) Every cooperative shall draw up regular reports of its
constituent shall be impaired by such merger or consolidation." 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
RULE 6. GUIDELINES FOR LABORATORY COOPERATIVES accessible to its members, and copies thereof shall be furnished
to all its members of record. These reports shall be filed with the
The legal basis for this Rule is the third paragraph of Article 26 of Authority within one hundred twenty (120) days from the end of
the Code, quoted as follows: the calendar year. The form and contents of the reports shall be
"Art. 26. Kinds of Membership. as prescribed by the rules of the Authority. Failure to file the
required reports shall subject the accountable officer/s to fines
A cooperative organized by minors shall be considered a laboratory and penalties as may be prescribed by the Authority, and shall
cooperative and must be affiliated with a registered cooperative. A be a ground for the revocation of authority of the cooperative to
laboratory cooperative shall be governed by special guidelines to be operate as such. The fiscal year of every cooperative shall be
promulgated by the Authority." 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
RULE 7. FUNCTIONS, RESPONSIBILITIES AND TRAINING
required herein, or fails to include therein any matter required by
REQUIREMENTS OF DIRECTORS, OFFICERS AND COMMITTEE
this Code, the Authority shall, within fifteen (15) days from the
MEMBERS
expiration of the prescribed period, send such cooperative a
The legal basis for this Rule is Article 44 of the Code, quoted as written notice, stating its non-compliance and the
follows: commensurate fines and penalties that will be imposed until
such time that the cooperative has complied with the
• "Art. 44. Functions, Responsibilities, and Training requirements."
Requirements of Directors, Officers, and Committee Members.
The functions and responsibilities of the directors, officers and RULE 9. GUIDELINES FOR THE LIQUIDATION OF COOPERATIVES
committee members, as well as their training requirements shall be in
The legal bases for the Rule are Art. 69, 70, Art. 72, par. 1,
accordance with the rules and regulations issued by the Authority."
subsection 4 and 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
RULE 8. REPORTS REQUIRED FOR COOPERATIVES purpose of prosecuting and defending suits by or against it;
settlement and closure of its affairs; disposition, conveyance
The legal basis for this Rule is Art. 53 of this Code, quoted as
and distribution of its properties and assets.
follows:
• At any time during the said three (3) years, the cooperative is
"Art. 53. Reports.
authorized and empowered to convey all of its properties to
trustees for the benefit of its members, creditors and other RULE 11. SOCIAL AUDIT OF COOPERATIVE
persons in interest. From and after any such conveyance, all
The legal basis for this Rule is Article 80, of the Code, quoted as
interests which the cooperative had in the properties are
follows:
terminated.
• "Art. 80. Annual Audit. - Cooperatives registered under this
• Upon the winding up of the cooperative affairs, any asset
Code shall be subject to an annual financial, performance and social
distributable to any creditor, shareholder or member who is
audit."
unknown or cannot be found shall be given to the federation or
union to which the cooperative is affiliated with. • "The social audit shall be conducted by an independent social
auditor accredited by the Authority."
• A cooperative shall only distribute its assets or properties upon
lawful dissolution and after payment of all its debts and liabilities, • "The Authority, in consultation with the cooperative sector, shall
except in the case of decrease of share capital of the promulgate the rules and standards for the social audit of
cooperative and as otherwise allowed by this Code." cooperatives."
• "Art. 70. Rules and Regulations on Liquidation. - The
Authority shall issue the appropriate implementing guidelines for
the liquidation of cooperatives." RULE 12. FINANCIAL SERVICE COOPERATIVE (FSC)

• "Art. 72. Capital Sources.- The legal basis for this Rule is Article 121 (1) and (14) of the Code,
quoted as follows:
• (4) Subsidies, donations, legacies, grants, aids and such other
assistance from any local or foreign institution whether public or • "Art. 121. Regulation and Supervision. - The Authority shall
private: Provided, That capital coming from such subsidies, exercise lead regulatory powers and supervision over the
donations, legacies, grants, aids and other assistance shall not operations of the financial service cooperatives, to wit:
be divided into individual share capital holdings at any time but • (1) Issue rules and regulations for the safe and sound conduct
shall instead from part of the donated capital or fund of the of operations of financial service cooperatives.
cooperative.
• (14) Appoint a conservator or a receiver as may be necessary
• Upon dissolution, such donated capital shall be subject to subject to the rules and regulations to be promulgated by the
escheat." 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.
RULE 10. CAPITALIZATION AND ACCOUNTING PROCEDURES • The Authority shall include in its rules and regulation appropriate
OF COOPERATIVES sanctions and penalties, on the financial service cooperatives,
its members, and officers and responsible persons, for any
The legal basis for this Rule is Article 71 of the Code, quoted as
action that fails to adhere to sound and prudent management
follows:
practices or are inconsistent with the provisions of this Code."
• "Art. 71. Capital. - The capitalization of cooperatives and the
RULE 13. VOLUNTARY ARBITRATION
accounting procedures shall be governed by the provisions of this
Code and the regulations which shall be issued."
The legal basis for this Rule is Article 137 of the Code, quoted as HUDCC, SSS, LBP, SHFC, DBP, HGC, DILG, DENR and the
follows: concerned cooperative sector, hereby promulgates these rules
and regulations for Housing Cooperatives.
• "Art. 137. Settlement of Disputes, Conciliation, and
Mediation Proceedings. - Disputes among members, officers, RULE II. AGRARIAN REFORM COOPERATIVES
directors, and committee members, and intra-cooperative, inter-
• Pursuant to the provisions of Art.93 (6) and Art.94 (par. 2)
cooperative, intra-federation or inter-federation disputes shall,
under Chapter XI of Republic Act. No. 9520, otherwise known as
as far as practicable, be settled amicably in accordance with the
the Philippine Cooperative Code of 2008, the Authority, in
conciliation or mediation mechanism embodied in the By-laws
of cooperatives and in such other applicable laws. consultation with the DAR, BSP, LBP, and the concerned
cooperative sector, hereby promulgates these rules and
• The conciliation and mediation committee of the cooperative regulations for Agrarian Reform Cooperatives.
shall facilitate the amicable settlement of intra-cooperative
RULE III. INSURANCE COOPERATIVES
disputes and disputes among members, officers, directors, and
committee members. • Pursuant to the provisions of Art.108 under Chapter XIII of
Republic Act. No. 9520, otherwise known as the Philippine
• Should such conciliation or mediation proceedings fail, the
Cooperative Code of 2008, the Authority, in consultation with the
matter shall be settled through voluntary arbitration: Provided,
Insurance Commission and the concerned cooperative sector
however, That before any party can validly file a complaint with
hereby promulgate these rules and regulations for Insurance
the Authority for voluntary arbitration, it must first secure a
Cooperatives.
certification from its conciliation and mediation committee and
from the cooperative union or federation to which it belongs that RULE IV. WATER SERVICE COOPERATIVES
despite all efforts to settle the issues, the same have failed.
• Pursuant to the provisions of Art.111 (3) under Chapter XIV
• The jurisdiction of the voluntary arbitrators shall be exclusive of Republic Act. No. 9520, otherwise known as the Philippine
and original and their decisions shall be appealable to the Office Cooperative Code of 2008, the Authority, in consultation with the
of the President. The Authority shall issue and adopt the proper NWRB, the LWUA, and the concerned cooperative sector, hereby
rules of procedure governing arbitration as the primary and promulgates these rules and regulations for the Water Service
exclusive mode for dispute resolution in accordance with the Cooperative.
Alternative Dispute Resolution Act of 2004.
• For this purpose, the Authority shall constitute a list of Qualified
Voluntary Arbitrators." 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
PART II. SPECIAL PROVISIONS Cooperative Code of 2008, the Authority, in consultation with the
RULE I. HOUSING COOPERATIVES DOTC, LTO, LTFRB, MARINA, OTC and the concerned
cooperative sector, hereby promulgates these rules and
• Pursuant to the provisions of Art. 62(13) (par.2) under regulations for Transportation Service Cooperatives.
Chapter V of Republic Act No. 9520, otherwise known as the
RULE VI. ELECTRIC COOPERATIVES
Philippine Cooperative Code of 2008, the Cooperative
Development Authority, in consultation with NHA, HDMF, HLURB,
• Pursuant to the provisions of Art. 134 (par.2) under Chapter FACTORS OR HINDER FOR SOCIAL TRANSFORMATION
XVII of Republic Act No. 9520, otherwise known as the Philippine
1. Unemployment
Cooperative Code of 2008, the Authority, in consultation with the
concerned cooperative sector hereby promulgates these rules and Without a job, or without decent and stable conditions of employment,
regulations for Electric Cooperatives. it is impossible for the most vulnerable to lift themselves out of poverty.
RULE VII. DAIRY COOPERATIVES 2. Climate Change
• Pursuant to the provisions of Republic Act. No. 9520, Extreme weather events will, most likely, affect the poorer communities.
otherwise known as the Philippine Cooperative Code of 2008, the Therefore, strategies to mitigate the adverse effects of climate change
Authority in consultation with the National Dairy Authority hereby are needed, and also in this case, co-operatives can have a role to play.
promulgates these rules and regulations for Dairy Cooperatives.
3. Inequalities
RULE VIII. LABOR SERVICE COOPERATIVE AND WORKERS
COOPERATIVE The most vulnerable groups, such as women, youth, minorities,
indigenous people, among others, are also the most affected by rising
The legal basis for this Rule are as follows: inequality. It is important that co-operatives, when working in their local
communities, be agents of positive discrimination by establishing
• "ART. 23. Type and Categories of Cooperatives. – (1) Types
policies and activities that actively counter inequality.
of Cooperatives – Cooperatives may fall under any of the
following types:
• (e) Service Cooperative is one which engages in medical and In all these, co-operatives have a very strong record of action by
dental care, hospitalization, transportation, insurance, housing, providing stable and decent employment, protecting the environment,
labor, electric light and power, communication, professional and caring for the communities where they operate, and by serving as
other services; centers of democracy and equal opportunity for people, without
discrimination. It is evident that the challenge of fully eradicating poverty
• "(t) Workers Cooperative is one organized by workers, including
still looms large. While governments have the primary responsibility for
the self-employed, who are at same time the members and
this effort, co-operatives can contribute to it by implementing effective
owners of the enterprise. Its principal purpose is to provide
strategies, share knowledge and establish partnerships with other
employment and business opportunities to its members and
agents of change.
manage it in accordance with cooperative principles.”

GROUP 8 Fighting poverty has been identified by the International Co-operative


Alliance as one of the working areas where co-operatives can make a
COOPERATIVES AND SOCIAL TRANSFORMATION big difference in the implementation of the Sustainable Development
Goals (SDGs).
July 6th is declared by the United Nations as the International Day of
Cooperatives with this year's theme: Cooperatives for Decent Work. BACKGROUND OF THE DECENT WORK
(PNA).
➢ ILO mission to intervene for better and humane conditions in
the world of work.
➢ Concerned with all workers, formal / informal economics; wage 2. Rights at work
/ own account employment in the fields , factories an offices, in
their homes or in the community. Any form of employment must observe the fundamental principles and
rights at work.
The mandate of the ILO to promote decent work is based on the
3. Social Protection
fundamental and values enshrined in:
1. The ILO Constitution and reaffirmed by the Philadelphia Declaration. Basic social protection is indispensable to secure employment and
income.
2. Declaration on fundamental rights and rights at work.
4. Social Dialogue
3. The Declaration on Social Justice for a fair Globalization.
Workers, Employment and government must work together in shaping
The ILO defines Decent Work “as full and productive employment economic and social policies.
exercised in conditions of freedom, equity, security, and dignity”
All four strategic objectives are recognized by the ILO as inseparable,
interrelated and mutually supportive. Failure to promote any one of
them would harm progress towards the other.
THE CONCEPT OF DECENT WORK
➢ The term was first introduced by the ILO in 1999.
10 Substantive Elements of the Four Pillars of Decent Work
➢ Decent work is a globally accepted goal and instrument for Agenda
improving the lives of people.
1. Employment Opportunities
➢ Decent work approach requires countries not to create jobs but
to create jobs with acceptable quality. 2. Adequate earnings and productive work
That the decent work entails that the work is not only a source of 3. Decent Work time
personal dignity, family stability, peace in community and economic
4. Combining work, family and personal life
growth that expands opportunities for productive jobs and enterprise
development. 5. Work that should be abolished
➢ It also refers to work that is rewarding, work that gives added 6. Stability and Security of work
value to the worker’s life.
7. Equal opportunity and treatment in employment
➢ It also refers to jobs that allow for the protection of fundamental
rights, the right of a decent wage and a secure job. 8. Safe work environment

➢ It means also that the decent work is relevant for all workers. 9. Social Security
10. Social Dialogue

4 PILLARS OF DECENT WORK


1. Employment Creation
The principal route out of poverty is produce work and income.
MANIFESTATIONS OF DECENT WORK DEFICITS aspects of development, that is improving the quality of life and more
equitable distribution of material and cultural goods
A decent work deficit is said to occur when:
1. There is involuntary employment and poverty
Cooperatives can engage in a broad range of activities, the most
2. Poor quality and unproductive jobs
common being in:
3. Discrimination and gender inequality
1. Education, Training and Human Resource Development
4. Unsafe Work
2. Communities Development
5. Pay differentials between women and men
3. Enterprise Development and Employment
6. Child Labor
4. Law, Advocacy and Politics
7. Lack or representation and voice
5. Sustainable Development
8. Rights that are denied at work

ECONOMIC DEVELOPMENT
Cooperatives, Local Development and the Global Community
➢ Financial cooperatives are some of the largest providers of
We view cooperatives as important vehicles for mobilization of local microfinance services to the poor
resources into a critical mass. However, what we do not have is a
➢ Financial cooperatives thus play a central role in the
framework that can be used to bring the cooperative approach to the
achievement of an inclusive financial sector that encompasses
fore among community development strategies. There is need to
the poor.
develop a conceptual framework illustrating how cooperatives build
trust, promote participation, and foster the creation of networks and “They also helped in lessening the burden of poverty. By providing
economic benefits that help people transition from poverty to better well- savings products, they help reduce members' vulnerabilities to shocks
being. such as medical emergencies. Cooperatives have also been able to
strengthen agricultural production and improve access of farmers.”
In developing our model, we assume that individuals can achieve
significant economic benefits from participation in cooperative As governments around the world cut services and withdraw from
business; that cooperatives need to be adequately capitalized and regulating markets, cooperatives are being considered useful
functionally successful as businesses; and that cooperatives have mechanisms to manage risk for members. They strengthen the
unique processes through which they foster the creation of social communities in which they operate.
capital. We build on the social-capital and poverty transition framework
Cooperatives generally provide an economic boost to the community
as well.
Social Development refers to the progressive improvements in the Cooperatives is significant tool for the creation of decent jobs and for
living conditions of quality of life enjoyed by society shared by its the mobilization of resources.
members. It would be used with reference with to the human welfare

Das könnte Ihnen auch gefallen