Republic Act 9520, known as the Philippine Cooperative Code Act of 2008, defines cooperatives as autonomous associations of individuals who unite to meet their social, economic, and cultural needs. It outlines various types of cooperatives, their objectives, membership requirements, and benefits, emphasizing the importance of improving members' quality of life and promoting equitable distribution of resources. The act also details the process for organizing a cooperative and the role of the Cooperative Development Authority in promoting and regulating cooperatives.
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Republic Act 9520
Republic Act 9520, known as the Philippine Cooperative Code Act of 2008, defines cooperatives as autonomous associations of individuals who unite to meet their social, economic, and cultural needs. It outlines various types of cooperatives, their objectives, membership requirements, and benefits, emphasizing the importance of improving members' quality of life and promoting equitable distribution of resources. The act also details the process for organizing a cooperative and the role of the Cooperative Development Authority in promoting and regulating cooperatives.
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REPUBLIC ACT 9520 – PHILIPPINE COOPERATIVE CODE ACT OF 2008
What is cooperative? oriented organizations to further
the attainment of any of the According to Article 3 of the Republic foregoing objectives Act No. 9520 (RA 9520), a cooperative is an autonomous and duly registered What are the types of cooperatives? association of persons, with a common 1. Credit Cooperative – one that bond of interest, who have voluntarily promotes and undertakes savings and joined together to achieve their social, lending services among its members. economic, and cultural needs and It generates a common pool of funds aspirations by making equitable in order to provide financial assistance contributions to the capital required, to its members for productive and patronizing their products and services provident purposes; and accepting a fair share of the risks 2. Consumers Cooperative – is one of and benefits of the undertaking in the primary purposes of which is to accordance with universally accepted procure and distribute commodities to cooperative principles. members and non-members; What are the objectives and goals of a 3. Marketing Cooperative – one which cooperative? engages in the supply of production inputs to members and markets their Article 7, RA 9520 provides that the products; primary objective of every cooperative 4. Producers Cooperative – is one that is to help improve the quality of life of undertakes joint production whether its members. Towards this end, the agricultural or industrial. It is formed cooperative shall aim to: and operated by its members to a. Provide goods and services to undertake the production and its members to enable them to processing of raw materials or goods attain increased income, produced by its members into finished savings, investments, or processed products for sale by the productivity, and purchasing cooperative to its members and non- power, and promote among members. Any end product or its themselves equitable derivative arising from the raw distribution of net surplus materials produced by its members, through maximum utilization of sold in the name and for the account economies of scale, cost-sharing of the cooperative, shall be deemed a and risk-sharing; product of the cooperative and its b. Provide optimum social and members; economic benefits to its 5. Service Cooperative – one which members; engages in medical and dental care, c. Teach them efficient ways of hospitalization, transportation, doing things in a cooperative insurance, housing, labor, electric light manner; and power, communication, d. Propagate cooperative practices professional and other services; and new ideas in business and 6. Multipurpose Cooperative – one management; which combines two (2) or more of the e. Allow the lower income and less business activities of these different privileged groups to increase types of cooperatives; their ownership in the wealth of 7. Advocacy Cooperative – a primary the nation; and cooperative which promotes and f. Cooperate with the government, advocates cooperativism among its other cooperatives and people- members and the public through socially oriented projects, education to housing for the benefit of its regular and training, research and members who actively participate in communication, and other similar the savings program for housing. It is activities to reach out to its intended co owned and controlled by its beneficiaries; members; 8. Agrarian Reform Cooperative – one 17.Insurance Cooperative – one organized by marginal farmers engaged in the business of insuring majority of which are agrarian reform life and poverty of cooperatives and beneficiaries for the purpose of their members; developing an appropriate system of 18.Transport Cooperative – one which land tenure, land development, land includes land and sea transportation, consolidation or land management in limited to small vessels, as defined or areas covered by agrarian reform; classified under the Philippine 9. Cooperative Bank – one organized maritime laws, organized under the for the primary purpose of providing a provisions of this Code; wide range of financial services to 19.Water Service Cooperative – one cooperatives and their members; organized to own, operate and 10.Dairy Cooperative – one whose manage waters systems for the members are engaged in the provision and distribution of potable production of fresh milk which may be water for its members and their processed and/or marketed as dairy households; products; 20.Workers Cooperative – one 11.Education Cooperative – one organized by workers, including the organized for the primary purpose of self-employed, who are at same time owning and operating licensed the members and owners of the educational institutions enterprise. Its principal purpose is to notwithstanding the provisions of provide employment and business Republic Act No. 9155, otherwise opportunities to its members and known as the Governance of Basic manage it in accordance with Education Act of 2001; cooperative principles; and 12.Electric Cooperative – one organized 21.Other types of cooperatives, as for the primary purposed of may be determined by the Authority. undertaking power generations, What are the benefits and privileges of utilizing renewable energy sources, a cooperative? including hybrid systems, acquisition and operation of subtransmission or 1. Cooperatives shall enjoy the privilege distribution to its household members; of depositing their sealed cash boxes 13.Financial Service Cooperative – or containers, documents or any one organized for the primary purpose valuable papers in the safes of the of engaging in savings and credit municipal or city treasurers and other services and other financial services; government offices free of charge, and 14.Fishermen Cooperative – one the custodian of such articles shall organized by marginalized fishermen issue a receipt acknowledging the in localities whose products are articles received duly witnessed by marketed either as fresh or processed another person; products; 2. Cooperatives organized among 15.Health Services Cooperative – one government employees, organized for the primary purpose of notwithstanding any law or regulation providing medical, dental and other to the contrary, shall enjoy the free health services; use of any available space in their 16.Housing Cooperative – one agency, whether owned or rented by organized to assist or provide access the Government; 3. Cooperatives rendering special types 10.Cooperatives shall enjoy the privilege of services and facilities such as cold of being represented by the provincial storage, ice plant, electricity, or city fiscal or the Office of the transportation, and similar services Solicitor General, free of charge, and facilities shall secure a franchise except when the adverse party is the therefor, and such cooperatives shall Republic of the Philippines. open their membership to all persons 11.Cooperatives shall have the qualified in their areas of operation; preferential right in the management 4. In areas where appropriate of the canteen and other services cooperatives exist, the preferential related to the operation of the right to supply government institutions educational institution where they are and agencies rice, corn and other employed: Cooperatives organized by grains, fish and other marine products faculty members and employees of meat, eggs, milk, vegetables, tobacco educational institutions Provided, that and other agricultural commodities such services are operated within the produced by their members shall be premises of the said educational granted to the cooperatives institution; and concerned; 12.The appropriate housing agencies and 5. Preferential treatment in the allocation government financial institutions shall of fertilizers and in rice distribution create a special window for financing shall be granted to cooperatives by housing projects undertaken by the appropriate government agencies; cooperatives, with interest rates and 6. Preferential and equitable treatment in terms equal to, or better than those the allocation or control of bottomries given for socialized housing projects. of commercial shipping vessels in This financing shall be in the form of connection with the shipment of goods blanket loans to qualified and products of cooperatives; cooperatives, without need for 7. Cooperatives and their federations, individual processing. such as market vendor cooperatives, Who can be a member of a cooperative? shall have preferential rights in management of public markets and/or Any natural person, who is a citizen of lease of public market facilities, stall or the Philippines and is of legal age or a spaces; juridical person like a cooperative or 8. Credit cooperatives and/or federations non-profit organization is qualified to shall be entitled to loans, credit lines, be a member of a cooperative, rediscounting of their loan notes, and provided further that the person meets other eligible papers with the the qualifications prescribed in the Development Bank of the Philippines, bylaws of the cooperative he/she the Philippine National Bank, the Land wishes to be a member of (Article 26, Bank of the Philippines and other RA 6938). However, minors may financial institutions except the organize laboratory cooperatives Central Bank of the Philippines; (Article 26, RA 9520). 9. Cooperatives transacting business with the Government of the Philippines What are the kinds of membership in a or any of its political subdivisions or cooperative? any of its agencies or a. A regular member is one who has instrumentalities, including complied with all the membership government-owned and controlled requirements and entitled to all the corporations shall be exempt from pre- rights and privileges of membership as qualification bidding requirements; stated in the Cooperative Code and and the cooperative by laws. b. An associate member has no right to Yes. Under Article 30, RA 9520, a vote and be voted upon and is entitled member may withdraw his only to such rights and privileges membership from a cooperative by provided by the cooperative's bylaws. giving a 60-day notice to the board of directors. When does the applicant for membership in a cooperative acquire How to organize a cooperative? his right as a member? 1st: Get organized. An applicant becomes a cooperative You must have at least 15 members to member when his application is do that. At once determine the approved by the board of directors. He common problems you would want may exercise his rights as a member solved and the basic needs you would after he makes the payments that are want provided for through a due to the cooperative, as set forth by cooperative. You may want to include Article 28, RA 9520. increasing your production, marketing How is membership in a cooperative your produce, credit assistance, power terminated? generation, banking or insurance and other similar needs. Determining your 1. As provided under Article 30, RA 9520, problems and needs will also help you membership in a cooperative may be classify the kind of cooperative you terminated by reason of death or will be organizing. Even before a insanity of a member in a primary cooperative is set up, a dedicated core cooperative, or the insolvency or group people who will do all the dissolution of a member in a organizational and paper works is a secondary or tertiary cooperative. must. From this core group, working 2. Membership may be terminated by a communities may be formed to set vote of the majority of all the things moving. These committees may members of the board of directors for include membership, finance, the following causes: executive, secretariat to name a few. a. When a member has not patronized any of the services of 2nd: Reserve your proposed the cooperative for an cooperative name. unreasonable period of time as Secure and fill up Cooperative Name may be previously determined by Reservation Request Form (CNRRF). the board of directors; This must be submitted to CDA Central b. When a member has continuously Office or any of its Extension Office. A failed to comply with his reservation fee shall apply. obligations; c. When a member has acted in 3rd: Prepare a general statement violation of the bylaws and the called an Economic Survey. rules of the cooperative; and d. For any act or omission injurious or Economic Survey is a general prejudicial to the interest or the statement describing, among others, welfare of the cooperative. the structure and purposes of the In the above scenarios, such member proposed cooperative. The structure shall be informed of the intended and actual staffing pattern shall termination in writing and shall be include a bookkeeper. This should given an opportunity to be heard indicate the area of operation, the size before the board makes its decision. of membership and other pertinent data in a format provided by the May a member withdraw his Authority. membership from a cooperative? 4th: Prepare the cooperatives by (25%) of the authorized share capital laws. has been subscribed, and at least twenty-five per centum (25%) of the The by-laws contain the rules and total subscription has been paid regulations governing the operation of should be executed and to be attached the cooperative to the articles of cooperation. The 5th: Prepare the articles of paid-up share capital shall not be less cooperation. than fifteen thousand pesos (P15,000.00). Mandatory contents of the articles of cooperation are the following: 8th: Complete the Pre-Membership (a) the name of the cooperative, which Education Seminar (PMES). must include the word "cooperative"; A prospective member of a primary (b) the purpose or purposes and scope cooperative must have completed a of business for which the cooperative Pre-Membership Education Seminar is to be registered; (PMES). You may contact the Regional (c)the term of existence of or Extension Office which has cooperative; jurisdiction over your proposed (d) the area of operation and the cooperative for technical assistance. postal address of its principal office; (e)the names, nationality and the 9th: Register your cooperative with the postal addresses of the registrants; Cooperative Development Authority (f) the common bond of membership; (CDA). (g) The list of names of the directors Submit the following required who shall manage the cooperative; documents in four (4) copies: and 1. Economic Survey; (h)The amount of its share capital, the 2. Articles of Cooperation and By- names and residences of its Laws; contributors, and a statement of 3. Surety bond of accountable officers; whether the cooperative is primary, 4. Treasurer's Affidavit; secondary or tertiary. The articles of 5. Approved Cooperative Name cooperation shall be signed by each of Reservation Slip; and the organizers and acknowledged by 6. Certificate of PMES them if natural persons, and by the chairpersons or secretaries, if juridical Which government agency is charged persons, before a notary public. with the promotion and development of cooperative? 6th: Secure bond of accountable officer(s). The Cooperative Development Authority (CDA) which was created by A surety bond should be secured from RA 6939 is the government agency a duly registered insurance or bonding that has the obligation to promote and company. Every director, officer and help develop cooperatives. It is the employee handling funds, securities or government agency in charge of the property on behalf of the cooperative registration and regulation of shall be covered by this. The board of cooperatives (Article 5, par. 8, RA directors shall determine the 9520). adequacy of such bonds. How many persons are needed to 7th: Execute Treasurer’s Affidavit. organize a cooperative? A sworn statement of the treasurer Article 10, RA 9520 requires not less elected by the subscribers showing than fifteen (15) natural persons, who that at least twenty-five per centum are Filipino citizens, and of legal age determined by the CDA, as provided are needed to organize and register a under Article 13, RA 9520. cooperative. They must also have a common bond of interest and are actually residing or working in the intended area of operation. What is the remedy of an applicant for his registration if his application for registration is denied by the CDA? The remedy provided under Article 16, RA 9520 is for the applicant to appeal to the Office of the President within 90 days from receipt of the notice of denial, provided that failure on the part of the Office of the President to act on the appeal within 90 days from filling thereof shall mean the approval of the application. How to run a cooperative? Article 37, RA 9520 dictates that the direction and management of the affairs of a cooperative shall be vested in a board of directors. What is the composition of BOD? According to Article 37, RA 9520, the board is composed of not less than five (5) nor more than fifteen (15) members elected by the general assembly. What is the life term of cooperative? The life term of a cooperative is found under Article 13, RA 9520. The provision states that a cooperative has a basic term of fifty (50) years from the date of registration unless sooner dissolve or unless said period is extended. May the term of a cooperative be extended? Yes, the term may be extended for another fifty (50) years provided that no extension may be made earlier than 5 years prior to the original or subsequent expiry date of the term or unless there are justifiable reasons for an earlier extension as may be