QuestionsQuestions (CDA)
They are to promote the growth and viability of cooperatives, preserve harmony, instill the cooperative way of life within and among cooperatives, and achieve a just and expeditious resolution; they are to be liberally construed to achieve these ends.
All petitions and/or complaints brought before the CDA.
To preserve and enforce order; enforce order in proceedings; compel compliance with orders and processes; compel attendance of persons to testify and production of relevant documents; and administer or cause the administration of oaths.
Among others: amendments to articles/by-laws; division/merger/consolidation; member rights including financial audit; holding regular/special general assembly and/or elections; removal of directors/officers/committee members; voluntary dissolution; suspension/revocation/cancellation of certificate of registration for grounds in the Code (Arts. 68 and 69); liquidation; compelling filing of annual reports/audited FS; and disputes on internal affairs of cooperatives subject to Art. 121 and the by-laws.
All petitions under subsections (f), (g), and (h) are governed by the Manual on Dissolution, Liquidation and Cancellation of Cooperatives.
When the complaint calls for reliefs that can be fully acted/granted by other agencies or when it falls within their exclusive jurisdiction.
No Administrator or Hearing Officer may take part if he/spouse/child is related to a party or counsel within the fourth civil degree of consanguinity or affinity, or if he has publicly expressed prejudgment shown by clear and convincing proof; also disqualified if he was formerly a member of the cooperative involved or its federation/union.
The Authority appoints another Hearing Officer upon recommendation of the Director of the Legal and Registration Department.
Before the Regional Office of the CDA which has jurisdiction over the cooperative.
Any member of a duly registered cooperative, their federations, or unions may be a party; actions must be prosecuted and defended in the name of the real parties in interest.
A verified complaint showing personal circumstances of parties, jurisdictional facts, concise statement of ultimate facts constituting causes of action, and relief sought; and it must show that the complainant underwent grievance mechanisms in the by-laws or federation/union, except when the dispute is between a primary and a secondary/tertiary cooperative.
It shall be dismissed.
It must direct the respondent to answer within the time fixed; notify that failure to answer allows complainant to take judgment by default and that the Hearing Officer will proceed to render judgment on relief warranted by the pleading; and it must attach a copy of the complaint and annexes to each summons.
Answer within fifteen (15) days from receipt of summons; reply within five (5) days from receipt of a copy of the answer (unless otherwise provided).
Motion to dismiss; motion for a bill of particulars; motion for extension of time to file memorandum; motion for reopening or re-hearing of case; and motion to declare a party in default.
Immediately after issues have been joined that can be legally subject to amicable settlement, the CDA sends notice to attend a mediation and conciliation conference, at least seven (7) days prior to the date set.
No appeal from such resolution will be entertained by the CDA, but non-compliance of the agreements means the immediate execution of the resolution.