EXCERPTS FROM THE MINUTES OF THE 122ND REGULAR SESSION OF THE 6th SANGGUNIANG PANLUNGSOD BATCH 2016-2019 OF THE CITY OF TABACO HELD AT THE SESSION HALL, LOCATED AT THE THIRD FLOOR TABACO CITY HALL ANNEX BUILDING ON DECEMBER 03, 2018.
Hon. Nestor T. San Pablo City Vice Mayor & Presiding Officer.
Hon. Luis Renir B. Burce President Pro-Tempore & Member,
Hon. Sheina Marie C. Onrubia Floor Leader & Member,
Hon. John Gio Ong-Bongao Assistant Floor Leader & Member,
Hon. Roderick P. Martirez Member,
Hon. Arnaldo B. Bragais Member,
Hon. Raul Roi B. Borejon Member,
Hon. Oscar R. Rocha Member,
Hon. Julio C. Azada Chua, Jr. Member,
Hon. Hector D. Rodriguez Member,
Hon. Danilo C. Buenconsejo Member, &
Hon. Eddie S. Perol Pres., LMB & Member.
N O N E
On Official Business:
Hon. Allan Earvin S. Burce Pres., SK Pederasyon & Member.
Proponents: HON. RAUL ROI B. BOREJON
HON. HECTOR D. RODRIGUEZ
City Ordinance No. 025- 2018
AN ORDINANCE PRESCRIBING THE REVISED GUIDELINES RELATIVE TO THE CREATION OF THE TABACO CITY COOPERATIVE DEVELOPMENT COUNCIL (TCCDC) DEFINING ITS COMPOSITION, FUNCTIONS AND RESPONSIBILITIES.
WHEREAS, the Philippine Constitution recognizes the roles of cooperative in the development for a strong republic; that cooperative and collective organization shall be encouraged to broaden their base ownership and shall have the right to own, establish and operate economic enterprises (Article XZZ and XIID);
WHEREAS, Executive Order No. 95, dated June 8, 1993, designates the Cooperative Development Authority (CDA) as the lead government agency on cooperative promotion, development and regulation, it having been created under RA 6939 and duly mandated to promote the viability and growth of cooperatives as instruments of equity, social justice, and economic development;
WHEREAS, Executive Order No. 96, also provides for the rules and regulations on cooperative promotions, organization, development and supervision by local government units (LGUs);
WHEREAS, Memorandum Circular No. 2013-01, Series of 2013, of the Cooperative Development Authority (CDA), Office of the President, Republic of the Philippines, provides for the revised guidelines in the organization, structure and operation the cooperative development councils, which is hereby adopted suppletory to this ordinance;
BE IT, THEREFORE, ORDAINED, by the Sangguniang Panlungsod of the City of Tabaco in session assembled, THAT:
SECTION 1. TITLE. – That for and in consideration of the foregoing premises, this ordinance which shall be known as an “ORDINANCE PROVIDING THE REVISED GUIDELINES RELATIVE TO THE CREATION OF THE TABACO CITY COOPERATIVE DEVELOPMENT COUNCIL (TCCDC), DEFINING ITS COMPOSITION, FUNCTIONS AND RESPONSIBILITIES”, is hereby enacted.
SECTION 2. DEFINITION OF TERMS. – As used in this Ordinance, the following terms shall mean:
- Cooperative – refers to a duly registered association of persons with common bond of interest who have voluntarily joined together to achieve a lawful, common, social or economic ends and who contribute equitably to the capital required and accept a fair share of risks and benefits of the undertaking in accordance with universally accepted cooperative principles;
- Cooperative Development Authority (CDA) – the government agency created by R.A. No. 6939 that takes charge in the promotion, registration, development, regulation and monitoring of cooperatives;
- Cooperative Development Officer – shall refer to the cooperative development officer, division chief, section head, appointed or designated by the City Government.
- Cooperative Movement – a mass movement of people in a community to broaden their base of ownership in the cause of cooperatives;\
- Monitoring – refers to the system of compliance on reporting to CDA of such as Annual Report and other reporting scheme required by CDA and the systematic feedback mechanism within the concerned cooperatives;
- Organization – an act of organizing the prospective qualified members into the mainstream of coop of at least fifteen (15) members preclude to its registration of coop;
- Promotion – refers to information dissemination and dialogue of prospective members on the basics and intricacies of cooperatives thru the Pre-Membership Education Seminar (PMES) and other continuing education, specialized courses, either formal or non-formal education;
- Universal and Local Cooperatives Principles – the internationally accepted cooperative principles that apply to Cooperatives in the Philippines, such as: open and voluntary, democratic membership control, member economic participation, autonomy and independence, education, training and information, cooperation among coops and concern for community;
- Tabaco City Cooperative Development Council (TCCDC) – a council created by the Local Government Unit thru the Sangguniang Panlungsod ordinance, pursuant to CDA Memorandum Circular 2013-01 and Executive Order No. 95;
- Tabaco City Cooperative Development Office (TCCDO) – shall refer to the cooperative development established or designated by the local government of Tabaco.
SECTION 3. POWERS AND FUNCTIONS. – The Council shall have the following powers and functions:
- To coordinate, harmonize and monitor the implementation of various cooperative development plans, programs and projects of NGAs, GFIs, LGUs and NGOs within Tabaco City;
- To operationalize and monitor the Philippine Cooperative Medium Term Development Plans (PCMTDP) through the collective efforts of all sectors and to develop such mechanism as may be required in line with the PCMTDP;
- To share resources (financial, supplies and equipment, manpower) towards the full realization of such development plans;
- To support, assist and participate in the holding of cooperative activities such as but not limited to the celebrations of cooperative month, scheduled cooperative congress and summits; and,
- To promote actively and strongly endorse the observance at all times of the universally cooperative principles as enshrined in the Cooperative Code in the performance of the above functions.
SECTION 4. COMPOSITION. – The Tabaco City Cooperative Development Council (TCCDC) shall be composed of the following:
- Chairperson of the City Development Council
- City Cooperative Development Officer
- Chairperson of the Committee on Cooperatives, at the Sangguniang Panlungsod
- Chairperson of City Cooperative Federation and Union, or their duly authorized representative
- Chairperson of primary cooperatives duly registered with CDA and accredited by the City Government of Tabaco , or their duly authorized representative
- Official representative of other NGOs with cooperative programs as identified by the CDA and accredited by the City Government of Tabaco ; and the
- Respective official representatives of National Government Agencies (NGAs) with cooperative programs including government financial institutions (GFIs) operating within Tabaco City.
Provided that, for purposes of this Section, a Sangguniang Panlungsod resolution be hereinafter adopted or an Executive Order be issued by the City Mayor constituting the Council.
SECTION 5. OFFICERS. – The Officers of the Tabaco City Cooperative Development Council (TCCDC) are as follow:
- Secretary – City Cooperative Development Officer
Officers shall be elected at large from among the members composing the council, except for the positions of Secretary who is automatically the City Cooperative Development Officer.
SECTION 6. MANNER AND SCHEDULE OF ELECTION. – The manner of election of officers shall be by secret ballot, and the general elections shall be held on the second week of November of every year before the end of the one (1) year term.
Any member of the council who is not present during the conduct of election cannot be nominated to any position in the TCCDC.
No hold over capacity shall be allowed.
SECTION 7. TERM OF OFFICE. – The term of office of every elected officer of the council shall be one (1) year with the right of re-election, which term shall commence on the 15th of November and end on the same date one year thereafter when the newly elected officers shall commence their term. No holdover capacity shall be allowed.
SECTION 8. VACANCY IN OFFICE. – In case a vacancy in any office occurs, such vacancy shall be filled by the members of the Council during the next regular meeting. The elected officer shall serve only the unexpired term of his/her predecessor.
SECTION 9. DUTIES OF THE OFFICERS. –
9.1. Chairperson – The Chairperson of the TCCDC shall be the Chief Executive Officer.
He/ she shall have the following duties and responsibilities:
- Presides in all meetings of the TCCDC;.
- Exercises general supervision and all the operations and internal administrations of the council in accordance with the policies set forth by the same;
- Signs all papers, agreements, and other documents for and in behalf of the council subject to policies and guidelines of the council;
- Represents the councils in the matters/ meetings/ conferences, provincial and regional conventions, summits and other related activities;
- Calls special meetings when necessary;
- Ensures that the council maintains complete records of its operations;
- Renders report of the operation of the council; and
- Performs such other duties as maybe required by the council.
9.2. Vice-Chairperson –
- Acts as Chairperson in case of the latter’s absence; and
- Performs such other duties and functions as may be delegated to him from time to time by the Chairperson and/or the council.
9.3. Secretary –
- Oversees the preparation of the minutes and agenda, and records the attendance and proceedings of all meetings of the council;
- Signs the minutes of meetings prepared by the Secretariat;
- Ensures that notices of all meetings of the council are given to members;
- Keeps a register of the names and addresses of all members and keeps all records through the Secretariat; and,
- In general, performs all the duties incidental to the Office of the Secretariat, and those that may be assigned to him/her by the Chairperson and/or the council.
- Treasurer –
- Have custody, control and accountability of funds and properties of the council;
- Disburses all administrative expenditures of the council in accordance with its plan and budget and such expenditures duly approved by the Council through a resolution;
- Renders financial reports during meetings; and
- Performs such other duties as maybe assigned by the Chairperson and/or the council.
- Auditor –
- The auditor who must possess the basic skill or knowledge in accounting and auditing procedures shall have the right and the obligation to inspect, examine and audit all transactions, financial or otherwise, made by the Chairperson, other officers, and/or the council itself and shall submit reports thereof to the council at least once a year or as required by the council.
SECTION 10. SECRETARIAT AND ITS FUNCTIONS. – The TCCDC shall have a technical and administrative secretariat, which could be the City Cooperative Development Office, if so created, or its equivalent as maybe designated by the City Mayor.
The Council Secretariat shall perform the following functions:
- Prepares the minutes and agenda and records the attendance and proceedings of all meetings of the Council;
- Serves notices of meetings to all members of the Council;
- Furnishes the officers and members certified copies of the minutes of the meetings;
- Keeps a register of the names and address of all members and keeps file of the laws, resolutions and executive orders relevant to the creation of the Council; and
- In general, perform all duties incidental to the office of the secretariat and those that may be assigned to it by the Chairperson and/or the Council.
SECTION 11. COMMITTEES. – The Council may create committees, as may be necessary, to study and/or carryout a specific undertaking as may be determined by the council, whose term shall be the same as the elected officers.
SECTION 12. MEETING OF OFFICERS. – The TCCDC officers shall hold a regular meeting monthly, or as often as deemed necessary by the officers.
The place of meeting shall be determined by its officers and any decision that needs to be decided upon on any business matter shall be by majority vote.
SECTION 13. GENERAL COUNCIL MEETING. – The General Council Meeting of the TCCDC shall be every year. The general election for TCCDC officers shall likewise be held during a General Council Meeting. During the election of officers of the council, each member shall be entitled to one (1) vote.
SECTION 14. NOTICE OF MEETING. – A notice, containing the date, place, time and agenda of the meeting shall be served by the TCCDC Secretary either by e-mail, personal delivery, short messaging system (text messaging) or through facsimile or transmittal or any means approved by the council to every member at least ten (10) workings days before the date of the TCCDC officers meeting.
SECTION 15. QUORUM. – The majority of the TCCDC officers shall constitute the quorum for any meeting. The quorum may decide all matters at the meeting.
SECTION 16. ORDER OF BUSINESS. – The order of the business in the meeting of the council shall be as follows:
- Call to Order
- National Anthem
- Cooperative Hymn
- Cooperative Pledge
- Roll Call
- Approval of the Agenda
- Reading and Approval of the Minutes of the Previous Meeting
- Matters Arising From the Previous Meeting
- Report of the Treasurer
- Report of the Chairperson
- Unfinished Business
- Business of the Day
- Other Matters
SECTION 17. THE ELECTORAL BOARD AND ITS POWERS AND DISSOLUTION. – The Tabaco City Cooperative Development Council (TCCDC) shall have an Electoral Board composed of three (3) members which shall be constituted by the duly elected officers at least one (1) month before the date of general elections. The Board Members shall immediately elect from among themselves the Board Chairperson. They shall automatically be ineligible to run for any elective position. After general elections, the Board may be considered dissolved. The Electoral Board shall have the powers to adopt rules and regulations necessary to govern elections procedures, subject to the approval of the council. Any decisions, order or award of the Electoral Board is final, executory and non-appealable.
SECTION 18. FUNDS OF THE COUNCIL. – The funds of the Council shall primarily be derived from resource sharing without prejudice to the right of the Council to receive gifts, donations, benefits and grants from any person, whether natural or juridical.
A one-time membership fee and annual dues shall be collected from members, the amount of which shall be determined by the Council during the first Council Meeting after the approval of this Ordinance.
Additionally, the amount of Five Hundred Thousand Pesos (₱ 500,000.00) per annum shall be appropriated, which shall be specifically and automatically provided for in the Annual Appropriation Ordinance of the city.
SECTION 19. MANUAL OF POLICIES. – The council shall develop their respective internal policies which shall govern their operation.
SECTION 20. TURN OVER OF RECORDS, DOCUMENTS, PROPERTIES AND MONEY ACCOUNTABILITIES. – For continuity of operation, the outgoing officers of the Council shall turn over the official records, documents, properties and money accountabilities to the new set of officers, within thirty (30) days after election. Failure to turn over shall be subject to appropriate legal actions.
SECTION 21. DESIGNATION/APPOINTMENT OF A COOPERATIVE DEVELOPMENT OFFICER. – Within sixty (60) days from the approval of this Ordinance, the City Mayor shall designate or appoint a Cooperative Development Officer, who shall assist the Mayor in the performance of powers and functions in cooperative promotions, organization, regulation and development. Should there be one so designated or appointed, the Office of the City Mayor shall inform and give the name to the Sangguniang Panlungsod (SP) and to the Cooperative Development Authority (CDA) Regional Office.
Among other powers and functions, the Cooperative Development Officer shall assist in the regulatory powers of the CDA, as follows:
- (1) Collection of annual reports and audited financial statements of cooperatives;
- (2) Mediation and conciliation of disputes between members of a cooperative operating within Tabaco City;
- (3) Conduct preliminary investigation through a committee jointly created by the CDA and the City Mayor for violation of any provision of the Cooperative Code, RA 6939 and the Implementing Rules and Regulations, and recommend the termination of its termination and cancellation of the certificate of registration; and
- (4) Monitor the compliance of cooperatives with the rules, regulations, and other issuances of the CDA including those reached through the mediation and conciliation conferences and as a result of decisions of the CDA.
SECTION 22. CALENDAR YEAR. – The calendar year of the council shall be from January 1 to December of each year.
SECTION 23. SEPARABILITY CLAUSE. – Should any part of this ordinance shall be declared unlawful, the remaining parts not affected thereby shall remain in full force and effect.
SECTION 24. REPEALING CLAUSE. – All ordinances, rules and regulations, or parts thereof, in conflict with or inconsistent to the provisions of this ordinance are hereby repealed or modified accordingly.
SECTION 25. EFFECTIVITY CLAUSE. – This ordinance shall take effect upon its approval and posting in at least three (3) conspicuous places in the city.
APPROVED, this 3rd day of December 2018.
We hereby certify to the correctness of the foregoing Ordinance.
RAUL ROI B. BOREJON HECTOR D. RODRIGUEZ
NESTOR T. SAN PABLO
City Vice Mayor & Presiding Officer
GLENDA B. PANTI
Secretary to the Sangguniang Panlungsod
CIELO KRISEL LAGMAN-LUISTRO