Podcast
Questions and Answers
What is the consequence for an officer who commits a third offense in the Cooperative?
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?
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?
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?
When does the Memorandum Circular take effect after approval?
Who approved the Memorandum Circular for the termination of membership?
Who approved the Memorandum Circular for the termination of membership?
What is the primary purpose of the guidelines outlined in the memorandum?
What is the primary purpose of the guidelines outlined in the memorandum?
Under which law does the CDA derive its quasi-judicial power?
Under which law does the CDA derive its quasi-judicial power?
What became modified due to the enactment of these guidelines?
What became modified due to the enactment of these guidelines?
What happens after a failure to settle a dispute amicably according to the guidelines?
What happens after a failure to settle a dispute amicably according to the guidelines?
Which section of the CDA Omnibus Rules of Procedure establishes penalties that these guidelines address?
Which section of the CDA Omnibus Rules of Procedure establishes penalties that these guidelines address?
What type of penalties do the guidelines aim to establish?
What type of penalties do the guidelines aim to establish?
Which of the following is not a stated purpose of the memorandum?
Which of the following is not a stated purpose of the memorandum?
Which of the following bodies adjudicates cases related to the guidelines?
Which of the following bodies adjudicates cases related to the guidelines?
What body has the authority to issue subpoenas for witness testimony and document production?
What body has the authority to issue subpoenas for witness testimony and document production?
Which of the following is NOT a ground for the suspension or cancellation of a cooperative's certificate of registration?
Which of the following is NOT a ground for the suspension or cancellation of a cooperative's certificate of registration?
What must the CDA provide before suspending or canceling a cooperative's certificate of registration?
What must the CDA provide before suspending or canceling a cooperative's certificate of registration?
To whom can the CDA Board of Directors request assistance for enforcement of their orders?
To whom can the CDA Board of Directors request assistance for enforcement of their orders?
Which of the following describes 'Registration by Fraud'?
Which of the following describes 'Registration by Fraud'?
What type of writs can the CDA issue to enforce its Orders?
What type of writs can the CDA issue to enforce its Orders?
Which of the following is a required condition for a cooperative to maintain its registration?
Which of the following is a required condition for a cooperative to maintain its registration?
What action is defined as taking an undue and unconscientious advantage of another?
What action is defined as taking an undue and unconscientious advantage of another?
Which of the following is NOT a form of misrepresentation in cooperative registration?
Which of the following is NOT a form of misrepresentation in cooperative registration?
What constitutes actual or positive fraud in the context of cooperative registration?
What constitutes actual or positive fraud in the context of cooperative registration?
What element involves the breach of a legal or equitable duty in the context of fraud?
What element involves the breach of a legal or equitable duty in the context of fraud?
Which of the following statements describes an undue advantage in cooperative registration?
Which of the following statements describes an undue advantage in cooperative registration?
What is the legal definition of the term 'illegal' in the context of cooperative practices?
What is the legal definition of the term 'illegal' in the context of cooperative practices?
Which penalty applies to cooperatives that violate specific rules but are not penalized by existing regulations?
Which penalty applies to cooperatives that violate specific rules but are not penalized by existing regulations?
Which of the following best describes the nature of fraudulent acts in cooperative registration?
Which of the following best describes the nature of fraudulent acts in cooperative registration?
What consequence arises from a breach of trust by a cooperative member concerning its registration?
What consequence arises from a breach of trust by a cooperative member concerning its registration?
What is the penalty for a cooperative's first offense under Section 2 (a) and (b) of Rule XIII?
What is the penalty for a cooperative's first offense under Section 2 (a) and (b) of Rule XIII?
Under Section 2 (c), (d), (e), and (f) of Rule XIII, what is the penalty for a second offense?
Under Section 2 (c), (d), (e), and (f) of Rule XIII, what is the penalty for a second offense?
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?
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?
What action is taken for the second offense involving the same violation by officers?
What action is taken for the second offense involving the same violation by officers?
What is the penalty for the first offense under Sections 1, 2, and 4 of Article II, Rule VI?
What is the penalty for the first offense under Sections 1, 2, and 4 of Article II, Rule VI?
What is the penalty for a member's second offense involving a different charge?
What is the penalty for a member's second offense involving a different charge?
What happens to officers after a third offense under Sections 1, 2, and 4 of Article II, Rule VI?
What happens to officers after a third offense under Sections 1, 2, and 4 of Article II, Rule VI?
What is the implication of a violation under Section 140 of RA9520?
What is the implication of a violation under Section 140 of RA9520?
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Study Notes
###Â 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.
- First offense:
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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