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(NAR) VOL. 23 NO. 1, JANUARY - MARCH 2012

[ CDA MEMORANDUM CIRCULAR NO. 2012-04, January 30, 2012 ]

AMENDMENT TO THE PROCEDURAL GUIDELINES IN THE CONDUCT OF REFERENDUM BY ELECTRIC COOPERATIVES (EC’S) REGISTERED WITH THE NATIONAL ELECTRIFICATION ADMINISTRATION (NEA) UNDER P.D. 269, AS AMENDED, WHICH OPT TO REGISTER WITH THE COOPERATIVE DEVELOPMENT AUTHORITY (CDA), AS PROVIDED IN ARTICLE 127, 128 AND 134 (2) OF R.A. 9520



The following Sections of the above-mentioned Guidelines are hereby amended to read as follows:
Section 5. Procedures. The following are the procedures in the conduct of referendum:
a. Referendum initiated by the Board of Directors. The BOD shall undertake the following steps.

xxx

4. Provision of Referendum Questionnaire Forms to qualified Members to vote whether to register or not to register with the Authority within ninety (90) days prior to the date of referendum. xxx

If the Board of Directors fails to act within the given period or deny the petition or defer to act on the subject, the petitioners shall conduct motu proprio the referendum through the procedures  prescribed above. The petitioners shall designate an Ad-Hoc election Committee for the conduct of referendum and supervise the same. The Committee shall be the one to submit the official result to the Board of Directors and the General Assembly.

If the survey form is adopted in the conduct of the referendum a total of  six (6) months, as far as practicable, is provided for within which the survey  has to be completed and canvassed.

The members-initiated referendum could be conducted by the members  themselves by distributing the questionnaire form, thirty (30) days after the  filing of petition, and could be collected by the members themselves after the questionnaire so distributed have been accomplished within the period of six (6) months, as far as practicable, to be tallied and canvassed on the specified date of referendum.

SECTION 9. Post Referendum Activities - In the event of favorable result of a referendum to register with the Authority, the following activities are necessary to be undertaken:
1. Submission of the requirements for registration. In compliance with Article 129 of the Code, all requirements for the registration and supporting documents including the result of the referendum shall be submitted in four (4) copies to the nearest CDA Extension Office for preliminary evaluation and issuance of Certificate of Registration.  In furtherance of its registration,  the Board of Directors shall not in any manner refuse to produce and furnish necessary documentary requirements, otherwise the Authority shall impose  appropriate penalty as prescribed in the Cooperative Code of 2008.

Also, Section 12. repealing Clause is hereby included to form part of said Guidelines, to wit:
Section 12. Repealing Clause. Memorandum Circulars, Guidelines and Issuances previously issued that are inconsistent hereof are hereby repealed and/or modified accordingly.
Approved by the Board of Administrators per Board resolution no. 037, s. 2012 dated January 30, 2012.

Adopted: 30 January 2012


For the Board of Administrators:

(SGD.) EMMANUEL M. SANTIAGUEL, PH.D.
Chairman
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