Question & AnswerQ&A (CDA MEMORANDUM CIRCULAR NO. 2010-07)
The title is the Guidelines on Procedure for Voluntary Arbitration in the Cooperative Development Authority (CDA).
Alternative Dispute Resolution refers to any process used to resolve a dispute or controversy without adjudication by a court, involving a neutral third party, including arbitration, mediation, conciliation, early neutral evaluation, mini trial, or any combination thereof.
Voluntary Arbitration is a dispute resolution process where intra/inter cooperative disputes are settled by voluntary arbitrators chosen by the disputing parties, who render an award deciding on the merits of the case.
The Voluntary Arbitrator(s) mutually chosen by the parties have exclusive and original jurisdiction over the dispute, with their decision appealable only to the Office of the President of the Republic of the Philippines.
Powers include holding hearings, receiving evidence, administering oaths, citing in contempt persons disturbing proceedings, issuing writs of execution, and other powers necessary to resolve disputes.
The complaint must be filed within forty-five (45) days from the issuance of the Certificate of Non-Settlement.
Complaints should be filed directly with the CDA Extension Office having administrative jurisdiction over the cooperative, except for complaints involving cooperatives under the primary jurisdiction of the CDA Central Office.
Prohibited pleadings include motion to dismiss, motion for bill of particulars, motion for new trial or reopening of trial, petition for relief of judgment, motion for extension, rejoinder to reply, motion to declare a party in default, and others that impair speedy disposition.
Parties may be represented by counsel of their choice or may proceed without counsel.
The Voluntary Arbitrator must render a decision or award within thirty (30) calendar days from the date the parties agreed to submit the case.