Coverage and Scope
- Applies to specific prohibited acts or omissions under Article 140 of RA 9520.
- Includes unauthorized use of the word "cooperative" unless duly registered, offenses with penalties involving imprisonment or fines related to:
- Failure or refusal to provide required information or documents.
- Submission of false or misleading information.
- Failure to maintain proper books or records.
- Hindering inspections or investigations.
- Noncompliance with CDA orders or instructions.
- Violations regarding transactions with restricted parties.
- Abetting or counseling the commission of offenses under the Code.
- Covers violations with no specific penalties prescribed.
- Includes fraud, irregularities, or anomalies under CDA Memorandum Circular No. 2012-01, s-2012.
Procedure for Commencement of Action
- For violations under MC No. 2012-01, s-2012:
- Legal Division/Section must obtain approval and authorization from the CDA Board of Administrators before filing complaints with appropriate government agencies.
- For violations under Article 140 of RA 9520:
- Upon receipt of a report (written or oral), the Executive or Regional Director designates an employee/officer to evaluate, verify, and validate the alleged violation.
- The designated officer submits an evaluation report to the Executive/Regional Director.
- The Director endorses the report to the Board of Administrators.
- If criminal action is recommended, the Board must approve and authorize before the Legal Division files the complaint.
Powers of the Designated Employee or Officer
- Authorized to enter cooperative premises during working hours, in the presence of cooperative officers or employees.
- Can compel the presence of witnesses to observe proceedings.
- Authorized to examine and document testimony regarding the alleged acts or omissions.
- Permitted to inspect and copy any relevant materials or records of the cooperative.
- Can secure certified true copies of documents necessary for evaluation.
Separability Clause
- If any part of these Guidelines is declared invalid, other provisions remain effective and enforceable.
Effectivity
- The Guidelines take effect immediately upon approval by the CDA Board of Administrators on February 7, 2013.