(NAR) VOL. 7 NO. 2 / APRIL-JUNE 1996; 92 OG No. 29, 4428 (July 15, 1996)
WHEREAS, it is the declared policy of the state to
foster the creation and growth of cooperatives as a practical vehicle
for promoting self-reliance and harnessing people power towards the
attainment of economic development and social justice;
WHEREAS,
all government instrumentalities, branches, subdivisions and agencies
are mandated to provide technical guidance, financial assistance, and
services to enable cooperatives to develop into viable and responsive
economic enterprises and thereby bring about a strong cooperative
movement that is free from any conditions that might infringe upon the
autonomy or organizational integrity of cooperatives;
WHEREAS, in
guidance with the state policy, the Organic Act (RA 6734) mandated the
regional government to encourage and support entrepreneurial capability
in the Autonomous Region in Muslim Mindanao (ARMM), and further
recognizes the promotion, development, and the protection of
cooperatives as a vehicle to foster cooperativism in accordance with
Islamic principles and local practices and traditions;
WHEREAS,
the Oversight Committee for the ARMM created under the said Act has
identified the functions and powers exercised by the Cooperative
Development Authority (CDA) in the Autonomous Region that may be
transferred, shared or retained;
NOW, THEREFORE, I, FIDEL V.
RAMOS, President of the Republic of the Philippines, by virtue of the
powers vested in me by law, do hereby order:
SECTION 1.
TRANSFER OF POWERS, FUNCTIONS AND RESPONSIBILITIES.
— The following powers, functions and responsibilities of the CDA are
hereby transferred to the Autonomous Regional Government (ARG), viz.:
1.
Formulate, adopt and implement integrated and comprehensive plans and
programs on cooperative development for the ARMM consistent with
national policy on cooperatives and the overall socio-economic regional
development plans of the government;
2. Develop and conduct
management and training programs upon request of cooperatives in the
ARMM that will provide members of cooperatives with entrepreneurial
capabilities, managerial expertise, and technical skills required for
the efficient operation of their cooperatives and inculcate in them the
true spirit of cooperativism and provide, when necessary, technical and
professional assistance to ensure the viability and growth of
cooperatives with special concerns for agrarian reform, fishery, and
economically depressed sectors;
3. Support the voluntary
organization and consensual development of activities that promote
cooperative movements and provide assistance towards upgrading
managerial and technical expertise upon request of the cooperatives
concerned;
4. Coordinate the efforts of the Local Government
Units in the ARMM and the private sector in the promotion, organization
and development of cooperatives;
5. Require all cooperatives,
their federations and unions in the ARMM to submit their annual
financial statements, duly audited by certified public accountants, and
general information sheets;
6. Assist cooperatives in the ARMM
arranging for financial and other forms of assistance under such terms
and conditions as are calculated to strengthen their viability and
autonomy;
7. Administer all grants and donations coursed through
the government for cooperative development in the ARMM, without
prejudice to the right of cooperatives to directly receive and
administer such grants and donations upon agreement with the grantors
and donors thereof;
8. Upon request of either or both parties, to
mediate and conciliate disputes within a cooperative or between
cooperatives in the ARMM;
9. Formulate and adopt continuing
policy initiatives in consultation with the cooperative sector in the
ARMM through public hearings; and
10. Perform such other functions as may be necessary to implement the provisions of cooperative laws in this Executive Order.
SECTION 2.
REGULATORY FUNCTIONS.
— Regulatory functions of the CDA that pertain to the registration and
cancellation of the certificate of registration of cooperatives
including the reporting requirements shall be the subject of a
Memorandum of Agreement (MOA) between the CDA and the ARG.
SECTION 3.
STANDARD SETTING.
— The ARG shall formulate its own standards in accordance with the
existing laws, rules and regulations as well as local practices and
traditions.
SECTION 4.
TECHNICAL ASSISTANCE. — The CDA
shall make available to the ARG such technical assistance as may be
necessary to enable the ARG to carry out effectively the objectives of
this Executive Order.
SECTION 5.
IMPLEMENTING RULES. — The
CDA, in consultation with the ARG, shall issue the implementing rules
and regulations of this Executive Order within sixty (60) days from its
effectivity.
SECTION 6.
SUBMISSION OF QUARTERLY REPORT. — A quarterly submission of the status of the implementation shall be submitted to the President.
SECTION 7.
SHARED POWERS, FUNCTIONS AND RESPONSIBILITIES.
— Shared powers, functions and responsibilities such as cooperative
education, training, division, merger, consolidation and dissolution
shall be jointly implemented and funded by the CDA and the ARG in
accordance with the MOA between the parties hereof.
SECTION 8.
SEPARABILITY CLAUSE.
— If, for any reason, any part or provision of this Executive Order
shall be held unconstitutional or declared contrary to law, other parts
or provisions hereof which are not affected thereby shall continue to be
in full force and effect.
SECTION 9.
CDA-ARMM. — The CDA
shall immediately establish an Extension Office in the ARMM to perform
the powers, functions and responsibilities shared and retained by the
CDA and/or shared in accordance with the MOA between the parties as
provided for in Section 2 hereof, and those devolved powers, functions
and responsibilities during the transition period of one (1) year.
SECTION 10.
EFFECTIVITY.
— The Order shall take effect fifteen (15) days after its publication
in a national newspaper of general circulation and one (1) newspaper of
general circulation in the ARMM.
Adopted: 30 March 1996
(SGD.) FIDEL V. RAMOS
President of the Philippines
By the President:
(SGD.) RUBEN D. TORRES
Executive Secretary