QuestionsQuestions (PROCLAMATION NO. 802)
The guidelines are titled as the Guidelines in the Commencement of Action for Specific Prohibited Acts or Omissions under Article 140 of RA 9520 and Memorandum Circular No. 2012-01, S-2012.
The term 'Authority' refers to the Cooperative Development Authority (CDA) and its Extension Offices.
The 'Board of Administrators' refers to the governing body of the Cooperative Development Authority.
RA 9520 refers to the Philippine Cooperative Code of 2008.
Acts covered include unauthorized use of the word 'cooperative', refusal or omission to provide required information or reports, providing false or misleading information, failure to keep or falsifying required records, hindering authorized inspections, failing to comply with Authority orders, violations concerning transactions with restricted parties, and abetting others to commit these offenses.
Penalties include imprisonment of not less than one year and not more than five years, or a fine not exceeding Fifty Thousand Pesos (P50,000), or both, at the discretion of the court.
The Legal Division or Legal Section, upon approval and authorization of the CDA Board of Administrators, shall initiate the filing of the complaint.
Upon probable violation based on a report, the Executive Director or Regional Director designates a CDA employee/officer to evaluate, verify, and validate the report. The evaluation report is submitted to the Executive/Regional Director who endorses it to the Board of Administrators. If recommended, and upon their approval, the Legal Division files the complaint with the appropriate agency.
They have the power to enter cooperative offices during working hours, examine and preserve testimonies, inspect documents or records related to the acts or omissions, and secure certified true copies of necessary documents.
The guidelines take effect immediately upon approval.