Powers and Jurisdiction of the Authority
- Express powers under Republic Act No. 6939 and the Cooperative Code.
- Inherent powers include preserving order, enforcing compliance, compelling attendance and production of documents, administering oaths.
- Exclusive jurisdiction over petitions related to cooperative amendments, mergers, member rights, meetings, officer removals, dissolution, registration suspension/cancellation, liquidation, filing of reports, and internal disputes.
- Referral of complaints beyond CDA’s jurisdiction to appropriate government agencies.
Disqualification of Key Officials
- Administrators or Hearing Officers disqualified if related within the fourth degree to any party, had prejudgment, or were former members of involved cooperatives.
- Officials may inhibit themselves at their discretion for valid reasons.
- Replacement Hearing Officers appointed in case of disqualification or inhibition.
Venue, Parties, and Commencement of Proceedings
- Complaints/petitions filed at the Regional Office with jurisdiction over the cooperative.
- Parties include members of registered cooperatives and their federations/unions; must be real parties in interest.
- Proceedings initiated by filing a verified complaint with jurisdictional facts and grievance exhaustion proof.
- Non-compliant complaints dismissed.
- Authority may initiate proceedings motu proprio with proper notice.
Pleadings: Filing and Verification
- Pleadings must be handwritten or typewritten, English or Filipino, filed in multiple copies.
- Filing with legal officers by personal delivery or registered mail.
- Complaints and answers must be verified by affidavit.
- Certification under oath required regarding absence of related prior or pending actions; false certification leads to contempt and possible dismissal.
- Payment of docket fees required for filing.
- Complaints assigned docket numbers with specific prefixes for various offices.
Intervention and Amendment of Pleadings
- Intervention allowed for persons/cooperatives with legal interest before resolution.
- Motion for intervention filed with notice to parties; discretion exercised considering delay or prejudice.
- One amendment as a matter of course before responsive pleading; subsequent amendments require leave and may be denied to prevent delay.
- Supplemental pleadings may be allowed for subsequent relevant events.
Periods for Pleading and Motions
- Answers due within 15 days from summons receipt.
- Intervention motions within 5 days from allowance order.
- Replies within 5 days from answer receipt.
- Motions must be written (except limited oral exceptions), stating relief sought and grounds.
- No oral arguments for motions unless permitted.
- Omnibus motions require raising all objections; failure to include waives objections.
Service of Documents and Prohibited Pleadings
- Service and proof as prescribed by these rules or Rules of Court.
- Prohibited pleadings: motion to dismiss, bill of particulars, extension of time to file memorandum, re-opening/re-hearing motions, motion to declare default.
- Motions to dismiss treated as answers, allowing proceedings on merits to continue.
Summons and Service Procedures
- Summons issued within five days of complaint filing.
- Contents include parties' names, directive to answer within time fixed, notice of default judgment.
- Summons served personally or by substituted service if personal service not possible.
- Alias summons issued upon demand if original not served.
- Service by Authority’s process server or authorized person.
- Proof of service sworn if not by Authority’s server; voluntary appearance equivalent to service except with reservation.
Conciliation and Mediation Conference
- Held immediately after issues joined; aims for amicable settlement.
- Notice given at least seven days prior.
- Parties may present views; legal counsel not required at conference but may be near.
- Proceedings recorded and may be transcribed at party’s cost.
- Settlement agreements reduced to writing and signed; resolution based thereon issued.
Subpoena
- Authority or Hearing Officer may issue subpoenas for witnesses or documents motu proprio or by request.
- Subpoenas signed by Extension Director or Legal Director with relevant details.
Hearings
- Notices of hearings served personally or by registered mail at least two days before.
- Hearing order: complainant’s evidence, intervenor’s evidence, respondent’s defense, rebuttal evidence, then arguments or memoranda.
Resolutions and Finality
- Resolutions in writing with clear facts, applicable law, and any agreements reached.
- Minute resolutions not allowed if evidence was adduced.
- Decisions issued within 30 days from submission.
- Served on parties, counsel, and relevant regulatory agencies.
- Final and executory after 15 days if no appeal or motion for reconsideration filed.
- Enforceable through writ or order of execution.
- Authority may convene general assemblies to report resolutions.
Contempt
- Direct contempt includes misbehavior near Hearing Officers; punishable by fine or imprisonment.
- Indirect contempt for failure to comply with orders without justifiable cause.
Appeals
- Appeals from Extension Officer/Legal Director resolutions to Board of Administrators within 15 days.
- Appeals from Board decisions to Office of the President within 15 days.
- Records transmitted within 15 days.
- No appeal allowed from settlements; non-compliance triggers execution.
General and Supplementary Rules
- Hearing Officers may require Authority staff assistance.
- Stenographers may be present; transcripts available at cost.
- In absence of specific rules, Rules of Court apply by analogy.
- Evidence rules relaxed to consider what a prudent person would require.
Final Provisions
- Inconsistent prior rules repealed or modified.
- Unconstitutional parts severable.
- Rules effective upon Board approval.