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Penalties for Cooperatives Guidelines
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Penalties for Cooperatives Guidelines

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Questions and Answers

What is the consequence for an officer who commits a third offense in the Cooperative?

  • A warning issued by the CDA Board
  • Suspension from the position as an officer
  • A vote of no confidence by other members
  • Termination of membership and removal from officer position (correct)

    • What is the status of a member who has been terminated for erring after a third offense?

  • Allowed to take legal action against the cooperative
  • Can return as an officer after a year
  • Eligible for a reprieve after attending a seminar
  • Prohibited from being an officer or co-founder of any cooperative (correct)

    • How will penalties for existing cases against erring officers be determined prior to the effectivity of this Circular?

  • By following new guidelines established in the Circular
  • According to the Articles of Cooperation and By-Laws, or internal policies (correct)
  • Based on the length of membership of the officer
  • Based solely on the CDA Board's discretion

    • When does the Memorandum Circular take effect after approval?

    <p>After publication in the Official Gazette and a 15-day period</p> Signup and view all the answers

    Who approved the Memorandum Circular for the termination of membership?

    <p>The CDA Board of Directors</p> Signup and view all the answers

    What is the primary purpose of the guidelines outlined in the memorandum?

    <p>To establish penalties for cooperatives and their members</p> Signup and view all the answers

    Under which law does the CDA derive its quasi-judicial power?

    <p>RA 11364</p> Signup and view all the answers

    What became modified due to the enactment of these guidelines?

    <p>The exclusivity of voluntary arbitration</p> Signup and view all the answers

    What happens after a failure to settle a dispute amicably according to the guidelines?

    <p>A complaint for voluntary arbitration may be filed</p> Signup and view all the answers

    Which section of the CDA Omnibus Rules of Procedure establishes penalties that these guidelines address?

    <p>Rule VI</p> Signup and view all the answers

    What type of penalties do the guidelines aim to establish?

    <p>Graduated penalties for infractions</p> Signup and view all the answers

    Which of the following is not a stated purpose of the memorandum?

    <p>To amend the Cooperative Development law</p> Signup and view all the answers

    Which of the following bodies adjudicates cases related to the guidelines?

    <p>The Cooperative Development Authority</p> Signup and view all the answers

    What body has the authority to issue subpoenas for witness testimony and document production?

    <p>The Cooperative Development Authority Board of Directors</p> Signup and view all the answers

    Which of the following is NOT a ground for the suspension or cancellation of a cooperative's certificate of registration?

    <p>Delaying the annual general meeting</p> Signup and view all the answers

    What must the CDA provide before suspending or canceling a cooperative's certificate of registration?

    <p>Due notice and hearing</p> Signup and view all the answers

    To whom can the CDA Board of Directors request assistance for enforcement of their orders?

    <p>The Armed Forces and other law enforcement agencies</p> Signup and view all the answers

    Which of the following describes 'Registration by Fraud'?

    <p>Any act calculated to deceive</p> Signup and view all the answers

    What type of writs can the CDA issue to enforce its Orders?

    <p>Writ of Possession</p> Signup and view all the answers

    Which of the following is a required condition for a cooperative to maintain its registration?

    <p>Meeting the required minimum number of members</p> Signup and view all the answers

    What action is defined as taking an undue and unconscientious advantage of another?

    <p>Deceptive conduct constituting fraud</p> Signup and view all the answers

    Which of the following is NOT a form of misrepresentation in cooperative registration?

    <p>Misrepresentation by providing accurate descriptions</p> Signup and view all the answers

    What constitutes actual or positive fraud in the context of cooperative registration?

    <p>Intentional deception through misrepresentation of material facts</p> Signup and view all the answers

    What element involves the breach of a legal or equitable duty in the context of fraud?

    <p>Employment of deceit by a cooperative member or officer</p> Signup and view all the answers

    Which of the following statements describes an undue advantage in cooperative registration?

    <p>Taking unfair advantage through fraudulent means to secure registration</p> Signup and view all the answers

    What is the legal definition of the term 'illegal' in the context of cooperative practices?

    <p>Contrary to law and unlawful</p> Signup and view all the answers

    Which penalty applies to cooperatives that violate specific rules but are not penalized by existing regulations?

    <p>Sanctions as determined by the Authority</p> Signup and view all the answers

    Which of the following best describes the nature of fraudulent acts in cooperative registration?

    <p>Intentional actions taken to deceive for advantage</p> Signup and view all the answers

    What consequence arises from a breach of trust by a cooperative member concerning its registration?

    <p>Unqualified registration through fraudulent means</p> Signup and view all the answers

    What is the penalty for a cooperative's first offense under Section 2 (a) and (b) of Rule XIII?

    <p>Revocation/Cancellation of Certificate of Registration</p> Signup and view all the answers

    Under Section 2 (c), (d), (e), and (f) of Rule XIII, what is the penalty for a second offense?

    <p>Revocation/Cancellation of Certificate of Registration</p> Signup and view all the answers

    What consequence is faced by members or officers of the cooperatives for a first offense under the non-penal violations of the CDA Omnibus Rules?

    <p>Sixty days suspension without remuneration</p> Signup and view all the answers

    What action is taken for the second offense involving the same violation by officers?

    <p>Removal from position and termination of membership</p> Signup and view all the answers

    What is the penalty for the first offense under Sections 1, 2, and 4 of Article II, Rule VI?

    <p>Suspension for one month with compliance requirement</p> Signup and view all the answers

    What is the penalty for a member's second offense involving a different charge?

    <p>Ninety days suspension without remuneration</p> Signup and view all the answers

    What happens to officers after a third offense under Sections 1, 2, and 4 of Article II, Rule VI?

    <p>Revocation/Cancellation of the Certificate of Registration</p> Signup and view all the answers

    What is the implication of a violation under Section 140 of RA9520?

    <p>No penalties apply under this section</p> Signup and view all the answers

    Study Notes

    ### Memorandum Circular No. 2023-19

    • This document outlines guidelines for penalties against cooperatives, their officers, and members.
    • It is intended to be used in the context of the Cooperative Development Authority’s (CDA) adjudicatory capacity.
    • The document clarifies penalties for violations not covered by existing CDA rules and issuances.
    • It provides graduated penalties for various infractions, including violations regarding fraud, illegal purposes, and non-compliance with the CDA Charter.
    • This document complements the CDA Omnibus Rules of Procedure and aims to effectively address acts or omissions by cooperatives, officers, and members.

    Penalties for Cooperatives

    • Violation of Section 2, Rule XIII of the Implementing Rules and Regulations of Republic Act No. 11364; Sections 1, 2, and 4, Article II of Rule VI of the CDA Omnibus Rules.
      • First offense:
        • Section 2 (a) and (b) of Rule XIII: Revocation/Cancellation of the Certificate of Registration.
        • Section 2 (c), (d), (e), and (f) of Rule XIII: Suspension for one month and fulfillment of obligations/ compliance with requirements.
        • Sections 1, 2, and 4 of Article II of Rule VI. Suspension for one month and fulfillment of obligations/ compliance with requirements.
      • Second offense:
        • Section 2 (c), (d), (e), and (f) of Rule XIII: Cancellation/revocation of the Certificate of Registration.
        • Sections 1, 2, and 4 of Article II of Rule VI: Suspension for three months and fulfillment of obligations/ compliance with requirements.
      • Third offense: Revocation/Cancellation of the Certificate of Registration for all mentioned violations.

    Penalties for Members/Officers of Cooperatives

    • **Violations of Sections 1, 2, and 4, Article II, Rule VI of the CDA Omnibus Rules. **
      • First offense: Sixty-day suspension without remuneration for officers, sixty-day suspension for members.
      • Second offense:
        • Involving a different charge/violation: Ninety-day suspension without remuneration for officers, ninety-day suspension for members.
        • Involving the same charge/violation: Removal from position/termination of membership from the cooperative for officers, termination of membership for members.
      • Third offense:
        • Regardless of the charge/violation: Removal from position/termination of membership from the cooperative for officers, termination of membership for members.
        • With perpetual prohibition to be an officer or co-founder of a cooperative.

    Definitions

    • Registration by Fraud:
      • Acts or omissions designed to deceive the CDA by misrepresenting information or concealing facts, leading to an unwarranted registration.
    • Illegal: Not authorized by law, forbidden, illicit, unlawful, contrary to law.

    Other Key Information

    • The Authority shall be empowered to summon witnesses, issue subpoenas, administer oaths, and issue writs to enforce its orders in cases requiring investigation or adjudication.
    • This Memorandum Circular takes effect immediately upon approval by the CDA Board of Directors, after fifteen days from its publication in the Official Gazette, and filing with the Office of National Administrative Register.

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    Related Documents

    Cooperative Development Authority Guidelines on Penalties PDF

    Description

    This quiz covers the key points from Memorandum Circular No. 2023-19, which outlines penalties against cooperatives, their officers, and members. It details the guidelines for penalizing violations of the CDA Charter and other regulations. The aim is to aid understanding of the regulations in the cooperative sector.

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