Republic Act No. 11535 PDF

Eighteenth Congress Second Regular Session Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand twenty. [ REPUBLIC ACT NO. 11535, April 09, 2021 ]...

Eighteenth Congress Second Regular Session Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand twenty. [ REPUBLIC ACT NO. 11535, April 09, 2021 ] AN ACT MAKING THE POSITION OF A COOPERATIVES DEVELOPMENT OFFICER MANDATORY IN THE MUNICIPAL, CITY AND PROVINCIAL LEVELS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE "LOCAL GOVERNMENT CODE OF 1991", AS AMENDED Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Section 443, Book III, Title Two, Chapter 2 of Republic Act No. 7160, is hereby amended to read as follows: SEC. 443. Officials of the Municipal Government. - (a) There shall be in each municipality a municipal mayor, a municipal vice-mayor, sangguniang bayan members, a secretary to the sangguniang bayan, a municipal treasurer, a municipal assessor, a municipal accountant, a municipal budget officer, a municipal planning and development coordinator, a municipal engineer/building official, a municipal health officer, and a municipal civil registrar. A municipal Cooperatives Development Officer (CDO) shall also be appointed: Provided, That the municipality has the option to appoint a full fledged CDO or merge such position to an existing position or official in a related office, unit or departments in the municipal government: Provided, further, That if the municipality shall appoint a full fledged CDO, the municipality has the option to set the rank, remuneration and other emoluments of the municipal CDO subject to existing laws, rules and regulations. (b) x x x (c) x x x (d) x x x (e) x x x. Section 2. Section 454, Book III, Title Three, Chapter 2 of Republic Act No. 7160, is hereby amended to read as follows: SEC, 454. Officials of the City Government. - (a) There shall be in each city a mayor, a vice-mayor, sangguniang panlungsod members, a secretary to the sangguniang panlungsod, a city treasurer, a city assessor, a city accountant, a city budget officer, a city planning and development coordinator, a city engineer, a city health officer, a city civil registrar, a city administrator, a city legal officer, a city veterinarian, a city social welfare and development officer, and a city general services officer. A city CDO shall also be appointed: Provided, That the city has the option to appoint a full fledged CDO or merge such position to an existing position or official in a related office, unit or department in the city government: Provided, further, That if the city shall appoint a full fledged CDO, the city has the option to set the rank, remuneration and other emoluments of the city CDO subject to existing laws, rules and regulations. (b) In addition thereto, the city mayor may appoint a city architect, a city information officer, a city agriculturist, a city population officer, and a city environment and natural resources officer. xxx (c) x x x (d) x x x (e) x x x. Section 3. Section 463, Book III, Title Four, Chapter 2 of Republic Act No. 7160, is hereby amended to read as follows: SEC. 463. Officials of the Provincial Government. - (a) There shall be in each province a governor, a vice-governor, members of the sangguniang panlalawigan, a secretary of the sangguniang panlalawigan, a provincial treasurer, a provincial assessor, a provincial accountant. a provincial engineer, a provincial budget officer, a provincial planning and development coordinator, a provincial legal officer, a provincial administrator, a provincial health officer, a provincial social welfare and development officer, a provincial general services officer, a provincial agriculturist, and a provincial veterinarian. Al provincial CDO shall also be appointed: Provided, That the province, in the appointment of a full fledged CDO, shall set the rank, remuneration and other emoluments of the provincial CDO subject to existing laws, rules and regulations. (b) In addition thereto, the governor may appoint a provincial population officer, a provincial natural resources and environment officer, a provincial architect, and a provincial information officer. xxx (c) x x x (d) x x x (e) x x x. Section 4. Section 487, of Book III, Title Five, Article Seventeen of Republic Act No. 7160, is hereby amended and shall now read as follows: ARTICLE XVII THE COOPERATIVES DEVELOPMENT OFFICER SEC. 487. Qualifications, Powers and Duties. - (a) No person shall be appointed cooperatives development officer unless one is a citizen of the Philippines, preferable a resident of the local government unit concerned, of good moral character, a holder of a college degree preferably in cooperatives, business administration with special training in cooperatives or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have experience in cooperatives organizations and management or other comparable experience of at least five (5) years in the case of provincial or city cooperatives development officer, and three (3) years in the case of municipal cooperatives development officer. The position of the cooperatives development officer is mandatory for the municipal, city and provincial governments as specified under Sections 443, 454 and 463 of this Code. (b) The cooperatives development officer shall take charge of the office for the development of cooperatives registered with the Cooperative Development Authority, and shall: (1) Formulate measures for the consideration of the sanggunian, and provide technical assistance and support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery of basic services and provision of facilities through the organizing, promotion and development of cooperatives, and in providing access to such services and facilities; (2) Develop plans and strategies in consultation with the cooperative sector and, upon approval thereof by the governor or mayor, as the case may be, implement the same, particularly those which have to do with the integration of cooperatives values, principles and practices in programs and projects which the governor or mayor is empowered to implement and which the sanggunian is empowered to provide under this Code; (3) In addition to the foregoing duties and functions, the cooperatives development officer shall: (i) Take the lead in identifying groups, sectors or communities that can be organized into cooperatives with the objective that the cooperatives to be organized shall be vehicles in poverty reduction, job creation and socioeconomic development of the municipality, city or province; (ii) In collaboration with the Cooperative Development Authority (CDA), provide assistance to prospective cooperatives in the conduct of the required pre-registration seminar and/or pre-membership education seminar and in the preparation of required documents for registration; (iii) In partnership with the CDA, Department of Trade and Industry, other government agencies, cooperative unions and federations, the academe, and other private organizations, provide technical and other forms of assistance to duly registered cooperatives to enhance their viability as an economic enterprise and social organization including, but not limited to, training and education, business management, finance and financial management; (iv) Assist cooperatives in establishing linkages with government agencies, cooperative unions and federations, the academe and nongovernment organizations involved in the promotion and integration of the concept of cooperatives in the livelihood of the people and other community activities; (4) Assist cooperatives in the development and implementation of risk management plans and business continuity plans and management as a response to anticipated or unexpected man-made and natural calamities and disasters, to aid in their survival and, if necessary subsequent rehabilitation; (5) x x x (c) x x x. Section 5. Repealing Clause. - All laws, decrees, executive orders, rules and regulations, issuance or parts thereof inconsistent with this Act are hereby repealed or amended accordingly. Section 6. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation. Approved, (SGD.) LORD ALLAN JAY Q. VELASCO (SGD.) VICENTE C. SOTTO III Speaker of the House of Representatives President of the Senate This Act which is a consolidation of Senate Bill No. 1855 and House Bill No. 5925 was passed by the Senate of the Philippines and the House of Representatives on February 16, 2021 and February 17, 2021, respectively. (SGD.) MARK LLANDRO L. MENDOZA (SGD.) MYRA MARIE D. VILLARICA Secretary General House of Representatives Secretary of the Senate Approved: APR 09 2021 (SGD.) RODRIGO ROA DUTERTE President of the Philippines