executive order no. 316, s. 1996

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  • 7/25/2019 Executive Order No. 316, s. 1996

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    Executive Order No. 316, s. 1996MALACAANG

    MANILA

    BY TE !"E#I$ENT O% TE !ILI!!INE#

    E&EC'TI(E O"$E" NO. 316

    $E(OL(ING CE"TAIN !O)E"# AN$ %'NCTION# O% TE COO!E"ATI(E$E(ELO!MENT A'TO"ITY TO TE A'TONOMO'# "EGIONAL GO(E"NMENTO% TE A'TONOMO'# "EGION IN M'#LIM MIN$ANAO.

    )E"EA#, it is the declared policy of the state to foster the creation and growth ofcooperatives as a practical vehicle for promoting self-reliance and harnessing people power

    towards the attainment of economic development and social justice;

    )E"EA#, all government instrumentalities, branches, subdivisions and agencies aremandated 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;

    )E"EA#,in guidance with the state policy, the Organic Act (RA !"#$ mandated the regional

    government to encourage and support entrepreneurial capability in the Autonomous Region in%uslim %indanao (AR%%$, and further recognizes the promotion, development, and the

    protection of cooperatives as a vehicle to foster cooperativism in accordance with &slamic

    principles and local practices and traditions;

    )E"EA#,the Oversight 'ommittee for the AR%% created under the said Act has identifiedthe functions and powers eercised by the 'ooperative )evelopment Authority (')A$ in the

    Autonomous Region that may be transferred, shared or retained;

    NO), TE"E%O"E, I, %I$EL (. "AMO#,*resident of the Republic of the *hilippines, byvirtue of the powers vested in me by law, do hereby order+

    #ECTION 1. T"AN#%E" O% !O)E"#, %'NCTION# AN$ "E#!ON#IBILITIE#. hefollowing powers, functions and responsibilities of the ')A are hereby transferred to the

    Autonomous Regional overnment (AR$, viz;

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    ./ 0ormulate, adopt and implement integrated and comprehensive plans and programs on

    cooperative development for the AR%% consistent with national policy on cooperatives and the

    overall socio-economic regional development plans of the government;

    1/ )evelop and conduct management and training programs upon re2uest of cooperatives in the

    AR%% that will provide members of cooperatives with entrepreneurial capabilities, managerialepertise, and technical s3ills re2uired 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;

    "/ 4upport the voluntary organization and consensual development of activities that promote

    cooperative movements and provide assistance towards upgrading managerial and technical

    epertise upon re2uest of the cooperatives concerned;

    #/ 'oordinate the efforts of the 5ocal overnment 6nits in the AR%% and the private sector inthe promotion, organization and development of cooperatives;

    7/ Re2uire all cooperatives, their federations and unions in the AR%% to submit their annual

    financial statements, duly audited by certified public accountants, and general information

    sheets;

    / Assist cooperatives in the AR%% arranging for financial and other forms of assistance under

    such terms and conditions as are calculated to strengthen their viability and autonomy;

    !/ Administer all grants and donations coursed through the government for cooperative

    development in the AR%%, without prejudice to the right of cooperatives to directly receive andadminister such grants and donations upon agreement with the grantors and donors thereof;

    8/ 6pon re2uest of either or both parties, to mediate and conciliate disputes within a cooperative

    or between cooperatives in the AR%%;

    9/ 0ormulate and adopt continuing policy initiatives in consultation with the cooperative sector in

    the AR%% through public hearings; and

    .:/ *erform such other functions as may be necessary to implement the provisions of cooperative

    laws in this ecutive Order/

    #ECTION *. "EG'LATO"Y %'NCTION#. Regulatory functions of the ')A that pertain tothe registration and cancellation of the certificate of registration of cooperatives including the

    reporting re2uirements shall be the subject of a %emorandum of Agreement (%OA$ between the

    ')A and the AR/

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    #ECTION 3. #TAN$A"$ #ETTING. he AR shall formulate its own standards inaccordance with the eisting laws, rules and regulations as well as local practices and traditions/

    #ECTION +. TECNICAL A##I#TANCE.he ')A shall ma3e available to the AR suchtechnical assistance as may be necessary to enable the AR to carry out effectively the

    objectives of this ecutive Order/

    #ECTION . IM!LEMENTING "'LE#.he ')A, in consultation with the AR, shall issuethe implementing rules and regulations of this ecutive Order within sity (:$ days from its

    effectivity/

    #ECTION 6. #'BMI##ION O% -'A"TE"LY "E!O"T. A 2uarterly submission of thestatus of the implementation shall be submitted to the *resident/

    #ECTION . #A"E$ !O)E"#, %'NCTION# AN$ "E#!ON#IBILITIE#. 4hared

    powers, functions and responsibilities such as cooperative education, training, division, merger,consolidation and dissolution shall be jointly implemented and funded by the ')A and the AR

    in accordance with the %OA between the parties hereof/

    #ECTION /. #E!A"ABILITY CLA'#E. &f, for any reason, any part or provision of thisecutive 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/

    #ECTION 9. C$A0A"MM.he ')A shall immediately establish an tension Office in theAR%% to perform the powers, functions and responsibilities shared and retained by the ')A

    and