Question & AnswerQ&A (CDA)
The rules are known and cited as the Rules of Procedure of the CDA in the exercise of its quasi-judicial functions.
These Rules are applicable to all petitions and/or complaints brought before the Cooperative Development Authority.
The Authority has exclusive jurisdiction over petitions concerning amendments to articles of cooperation/by-laws, division/merger/consolidation of cooperatives, members' rights, elections, removal of officers, voluntary dissolution, suspension/revocation/cancellation of registration, liquidation, filing of reports, and internal disputes as stated in the Cooperative Code.
Any natural person or cooperative may initiate a proceeding by filing a verified complaint containing relevant facts, jurisdictional facts, and relief sought, provided grievance mechanisms in cooperative by-laws or federations were followed.
Hearing Officers/Administrators cannot take part in proceedings involving close relatives (up to fourth degree), cases where they have prejudgment, or if they were formerly members of the cooperative involved. They may also inhibit themselves for valid reasons.
Pleadings may be handwritten or typewritten, filed in at least two copies, written in English or Filipino, and must be filed with the Legal Officer of the CDA Regional Office or Legal Division of the Central Office. Complaints and answers must be verified and accompanied by certifications against forum shopping.
Summons shall be served personally to the respondent or through substituted service (leaving copies at residence or principal office) if personal service is not possible. The summons includes party names, the directive to answer, and notice of default judgment. Proof of service must be made in writing.
After issues are joined, the Authority calls a mediation and conciliation conference to explore settlement and simplify issues. Agreements during mediation are reduced to writing and become bases for resolution. Legal counsels need not be present during mediation but may assist nearby.
Appeals from Extension Officer or Legal Department Director resolutions go to the Board of Administrators within fifteen days. Appeals from the Board of Administrators go to the Office of the President. Appeals must comply with submission and payment requirements. Settlements reached during mediation are generally not appealable.
Direct contempt such as misbehavior or disrespect in the presence of a hearing officer can lead to fines up to 500 pesos or imprisonment up to 10 days or both. Indirect contempt includes failure to comply with orders without justifiable cause, punishable under the Rules of Court.