Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

18™* CONGRESS
First Regular Session

HOUSE BILL No. _®!9

Introduced by Representative CARLITO S. MARQUEZ

EXPLANATORY NOTE

This bill seeks to amend pertinent provisions of Republic Act
No. 9520, otherwise known as the “Philippine Cooperative Code of
2008” that was enacted on February 17, 2009. It was approved on
Third Reading on July 26, 2017 and finished Senate Committee
hearings and deliberations but the Committee Report was not lined
up for plenary deliberations for lack of material time.

A cooperative is defined: as an autonomous association ‘of
persons united voluntarily to meet their common economic, social
and cultural needs and aspirations through a jointly owned and
democratically controlled enterprise. There is one instant is
Philippine history where a cooperative was formed ahead of the
passage of the cooperative laws—that was the agricultural
marketing cooperative which the national hero, Dr. Jose Rizal, had
organized in Dapitan while on exile in 1896. Nothing much is
recorded about the cooperative. It may be safe to assume that with
the execution of Dr, Rizal in the same year, the cooperative must
have died with him.


When RA 6938 (Cooperative Code of the Philippines) was
ordained on March 10, 1990, the founding fathers aimed 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. The law
was patterned after the Raiffeinsen experience in Germany. They
believed that the creation of cooperatives would eventually
encourage the private sector to undertake the actual formation and
organization of cooperatives and would create an atmosphere that

is conducive to the growth and development of these cooperatives.

We cannot downplay the vital role of cooperatives to nation-
building. At the moment, the vision is half-achieved. There are
1,137 cooperatives. listed by the Cooperative Development
Authority as of December 31, 2013 contributing Php6.3 Billion of
the 4.87% Gross Domestic Product of 2012.When the Local
Government Code of 1991 was enacted, it bestowed for the
provisions for the optional appointment of a cooperatives officer in
the province, city or municipality.

However, if we must consider that State should not just
formulate.the creation of Cooperative Office in the provincial, city
and municipal government as optional but rather be
institutionalized as mandatory so‘that these offices would ensure
the provision of'technical guidance, financial assistance and other
services to enable said cooperatives to develop into viable and

responsive economic enterprises in the local government units


concerned 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, then the
vision will be fully-attained.

With the stories of success of provinces and cities with
institutionalized cooperatives office, we feel that it is high time'to
create the office in every LGU (province, city or municipality) a
compulsory requirement. By the same token, recognizing the
principle of subsidiarity under which the cooperative sector will
initiate and regulate within its own ranks the promotion and
organization, training ahd research, audit and support services
relating to cooperatives ‘with ‘government assistance where
necessary, the cooperatives officer'int the LGU concerned could be
sanctioned by the‘governor or mayor, as the case maybe, if he is

remiss with these functions.

This proposed measure will fortify the cooperatives format'in
the countryside, thus, the LGUs would now be at the forefront of
fostering creation of a Cooperative Development Office that will
substantiate the importance of this idea in conveying sustainable

development.

Immediate approval of'this bill is earnestly sought.

ENGR. CARLITO “Lito” S. MARQUEZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

18™" CONGRESS
First Regular Session

HOUSE BILL NO. 3

Introduced by Representative CARLITO S. MARQUEZ

AN ACT
MAKING THE POSITION OF A COOPERATIVE OFFICER

MANDATORY IN perl »MUNICIPAL,,, CITY AND PROVINCIAL
LEVELS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO..
7160, OTHERWISE. KNOWN AS. THE LOCAL GOVERNMENT
CODE OF 1991

Be it enacted by the Senate and the House of Representatives
of the Philippines in Congress assembled:

SECTION 1. Section 443, Book III, Title Two, Chapter 2 of
Republic Act No. 7160 is hereby amended to read as follows:

“SECTION 443. Officials of the Municipal Government. - (a)
There shall be in each municipality a municipal mayor, a municipal
vice-mayor, sangguniangbayan members, a secretary to the
sangguniang bayan, ‘a municipal treasurer, a municipal assessor, a
municipal accountant,,a municipal. budget officer, a municipal

planning and development coordinator, a = municipal


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engineer/ building official, a municipal health officer, a municipal
civil registrar, and a municipal cooperatives officer.
(b) xxx
(c) xxx
(d)xxx
(e) xxx’

Sec. 2. Section 454, Book III, Title Three, Chapter 2 of
Republic Act No.7160, is a hereby amended to read as follows:

“SECTION, 454», Officials of the City, Government, - (a) theré
shall be in each city a mayor, a vice-mayor, sangguniang
panlungsod members, a secretary to the sangguniang panlungsod,
a city treasurer, a city assessor, a city accountant, a city budget
officer, a city planning and development coordinator, a city engineer,
a city health officer, a city civil registrar, a city administrator, a city
legal officer, a city veterinarian, a city social welfare and
development officer, [and] a city general services officer, and a city
cooperatives officer.

(b) In addition thereto, the city mayor may appoint a city
architect, a city information officer, a city agriculturist, a city
population officer, and a city environment and natural resources

officer |,] |and a city cooperatives officer].


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2.

xXx
(c) xxx
(d)xxx

(e) xxx”

Sec. 3. Section 463, Book HI, Title Four, Chapter 2 of
Republic Act No. 7160, is hereby amended to read as follows:

“Section 463. Officials of the Provincial Government. - (a) There
shall be in each province a governor, a vice-governonr, members of
the sangguniang panlalawigan, a secretary to the sanggunian
panlalawigan, a provincial treasurer, a provincial assessor, a
provincial accountant, a provincial engineer, a provincial budget
officer, a provincial planning and development coordinator, a
provincial legal officer, a provincial administrator, a provincial
health officer, a provincial social welfare and development officer, a
provincial general services officer, a provincial agriculturist, [and] a
provincial veterinarian, and a provincial cooperatives officer.

(b) In addition thereto, the governor may appoint a provincial
population officer, a provincial natural resources and environment
officer, [a provincial cooperative officer] |,] a provincial architect
and a provincial information Bien


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XXX

() xxx

(d)xxx

(e) xxx”

Sec. 4. Section 484 of Book III, Title Five, Article Fourteen of
RA 7160 is hereby amended and shall now read as follows:
{“Article Fourteen. The Environment and Natural Resources Officer

Section 484. Qualifications, Powers and Duties. - (a) No
person shall be appointed environment and natural resources
officer unless he is a citizen of the Philippines, a resident of the
local government unit concerned, of good moral character, a holder
of a college degree preferably in environment, forestry, agriculture
or any related course from a recognized college or university, and
a first grade civil service eligible or its equivalent. He must have
acquired experience in environmental. and natural resources
management, conservation, and utilization, of at least five (5) years
in the case of the provincial or city environment and natural
resources officer, and three (3), years in the case of the municipal
environment and natural resources officer.

The appointment of the environment and natural resources

officer optional for provincial city and municipal governments.


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(b) The environment and natural resources management
officer shall take charge of the office on environment and natural
resources and shall:

(1) Formulate measure for the consideration of the
sanggunian and provide technical assistance and support to the
governor or mayor, as the case may be, in carrying out measures
to ensure the delivery of basic services and provision of adequate
facilities relative to environment and natural resources services as
provided for under Section 17 of this Code;

(2) Develop plans and strategies and upon approval thereof,
by the governor or mayor, as the case may be, implement the same,
particularly those which have to do with environment and natural
resources programs and projects which the governor or mayor is
empowered to implement and which the sanggunian is empowered
to provide for under this Code;

(3) In addition Hin the foregoing duties and functions, the
environment and natural resources officer shall:

(@j) Establish, maintain, protect and preserve communal
forests, watersheds, treeparks, mangroves, greenbelts and similar
forest projects and commercial forest, like industrial tree farms

and agro-forestry projects;


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(i) Provide ‘extension services to beneficiaries of forest
development projects and technical, financial and infrastructure
assistance;

(iii) Manage and maintain seed banks and produce
seedlings for forest and tree parks;

(iv) Provide extension services to beneficiaries of forest
development projects and render assistance for natural resources-
related conservation and utilization activities consistent with
ecological balan¢e;.. ..,,.,

(v) Promote the small-scale mining and utilization of
mineral resources, particularly mining of gold;

(vi) Coordinate,,.with government agencies and non
governmental organizations in the implementation of measures to
prevent and control land, air and water pollution with the
assistance of the Department of Environment and Natural
Resources;

(4) Be in the frontline of the delivery of services concerning
the environment and natural resources, particularly in the renewal
and rehabilitation of the environment during and in the aftermath

of man-made and natural calamities and disasters;


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(5) Recommend to the sanggunian and advise the governor or
mayor, as the case may be, on all matters relative to the protection,
conservation maximum utilization application of appropriate
technology and other matters related to the environment and
natural resources;

(c) Exercise such other powers and perform such other

duties and functions as may be prescribed by law or ordinance.”]

“ARTICLE FOURTEEN — THE COOPERATIVE OFFICER

SECTION 484. QUALIFICATIONS, POWERS AND DUTIES. - (A)
NO PERSON SHALL BE APPOINTED COOPERATIVES OFFICER
UNLESS ONE IS A CITIZEN OF THE PHILIPPINES, A RESIDENT
OF THE LOCAL GOVERNMENT UNIT CONCERNED, OF GOOD
MORAL CHARACTER, A HOLDER OF A COLLEGE DEGREE
PREFERABLY IN BUSINESS ADMINISTRATION WITH SPECIAL
TRAINING IN COOPERATIVES OR ANY RELATED COURSE
FROM A RECOGNIZED COLLEGE OR UNIVERSITY, AND A FIRST
GRADE CIVIL SERVICE ELIGIBLE OR ITS EQUIVALENT. ONE
MUST HAVE EXPERIENCE IN COOPERATIVES ORGANIZATIONS
AND MANAGEMENT OF ATLEAST FIVE (5) YEARS IN THE CASE

OF PROVINCIAL OR CITY COOPERATIVES OFFICER AND THREE

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(3) YEARS IN THE CASE OF MUNICIPAL COOPERATIVES
OFFICER.

(B) THE COOPERATIVES OFFICER SHALL TAKE
CHARGE OF THE OFFICE FOR THE DEVELOPMENT OF
COOPERATIVES AND SHALL:

(l} PORMULATE MEASURES FOR THE
CONSIDERATION OF THE SANGGUNIAN, AND
PROVIDE TECHNICAL ASSISTANCE AND SUPPORT
TO THE GOVERNOR OR MAYOR, AS THE CASE MAY
BE, IN CARRYING OUT MEASURE TO ENSURE THE
DELIVERY OF BASIC SERVICES AND PROVISION OF
FACILITIES THROUGH THE DEVELOPMENT OF
COOPERATIVES, AND IN PROVIDING ACCESS TO
SUCH SEVICES AND FACILITIES;

(2) DEVELOP PLANS AND STRATEGIES AND UPON
APPROVAL THEREOF, BY GOVERNOR OR MAYOR, AS
THE CASE MAY BE IMPLEMENT THE SAME,
PARTICULARLY THOSE WHICH HAVE TO DO WITH
THE INTEGRATION OF COOPERATIVES PRINCIPLES
AND METHODS IN PROGRAMS AND PROJECTS

WHICH THE GOVERNOR OR MAYOR IS EMPOWERED

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TO IMPLEMENT AND WHICH THE SANGGUNIAN IS
EMPOWERED TO PROVIDE FOR UNDER THIS CODE;
(3) IN ADDITION TO THE FOREGOING DUTIES AND
FUNCTIONS THE COOPERATIVES OFFICER SHALL:
() ASSIST IN THE ORGANIZATION OF
COOPERATIVES;
(1) PROVIDE TECHNICAL AND OTHER FORMS
OF ASSISTANCE TO —‘ EXISTING
COOPERATIVES TO ENHANCE THEIR VIABILITY
AS AN ECONOMIC ENTERPRISE AND SOCIAL
ORGANIZATIONAL;
(i) ASSIST COOPERATIVES IN ESTABLISHING
LINKAGES WITH GOVERNMENT AGENCIES
AND. NON-GOVERNMENT ORGANIZATIONS
INVOLVED. IN. THE PROMOTION AND
INTEGRATION OF THE CONCEPT OF
COOPERATIVES IN THE LIVELIHOOD OF THE
PEOPLE AND OTHER COMMUNITY ACTIVITIES;
(4) BE IN THE FRONTLINE OF COOPERATIVES
ORGANIZATION, REHABILITATION OR VIABILITY-

ENHANCEMENT, PARTICULARLY DURING AND IN

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(c)

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THE AFTERMATH OF MAN-MADE AND NATURAL
CALAMITIES AND DISASTERS, TO AID IN THEIR
SURVIVAL AND IF NECESSARY SEBSEQUENT
REHABILITATION;

(5) RECOMMEND TO THE SANGGUNIAN, AND
ADVISE THE GOVERNOR OR MAYOR, AS THE CASE
MAY BE, ON ALL MATTERS RELATIVE TO
COOPERATIVES DEVELOPMENT AND VIABILITY-
ENHANCEMENT WHICH WILL IMPROVE THE
LIVELIHOOD AND QUALITY OF LIFE OF THE
INHABITANTS;

EXERCISE, SUCH OTHER POWERS AND PERFORM

SUCH OTHER DUTIES AND FUNCTIONS AS MAY BE

PRESCRIBED BY.LAW OR ORDINANCE.”

SEC. 5. Section 487 of Book_IIl, Title Five, Article Seventeen

of RA7160 is hereby,amended and shall now read as follows:

“ARTICLE SEVENTEEN. - THE ENVIRONMENT AND NATURAL

RESOURCES OFFICER, ;;

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Section 487, QUALIFICATIONS, POWERS AND DUTIES. -
(A) NO PERSON SHALL BE APPOINTED ENVIROMENT AND
NATURAL RESOURCES OFFICER UNLESS ONE IS A CITIZEN OF
THE PHILIPPINES, A RESIDENT OF THE LOCAL GOVERNMENT
UNIT CONCERNED, OF GOOD MORAL CHARACTER, A HOLDER
OF A COLLEGE DEGREE PREFERABLY IN ENVIRONMENT,
FORESTRY, AGRICULTURE OR ANY RELATED COURSE FROM
A RECOGNIZED COLLEGE OR UNIVERSITY, AND A FIRST
GRADE CIVIL SERVICE ELIGIBLE OR ITS EQUIVALENT. ONE
MUTH HAVE ACQUIRED EXPERIENCE IN ENVIRONMENTAL
AND NATURAL RESOURCES MANAGEMENT, CONSERVATION,
AND UTILIZATION, OF ATLEAST FIVE (5) YEARS IN THE CASE
OF THE PROVINCIAL OR CITY ENVIRONMENT AND NATURAL
RESOURCES OFFICER, AND THREE (3) YEARS IN THE CASE OF
THE MUNICIPAL ENVIRONMENT AND NATURAL RESOURCES

OFFICER.
THE APPOINTMENT OF THE ENVIRONMENT AND

NATURAL RESOURCES. OFFICER IS. OPTIONAL FOR

PROVINCIAL, CITY, AND MUNICIPAL GOVERNMENTS.

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(B) THE ENVIRONMENT AND NATURAL RESOURCES
MANAGEMENT OFFICER SHALL TAKE CHARGE OF THE
OFFICE ON ENVIRONMEN AND NATURAL RESOURCES AND

SHALL:

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(1)FORMULATE MEASURE FOR THE
CONSIDERATION OF THE SANGGUNIAN AND
PROVIDE TECHNICAL ASSISTANCE AND SUPPORT
TO THE..GQVERNOR, OR MAYOR, AS. THE CASE
MAY,..BE, .IN CARRYING QUT MEASURES TO
ENSURE, GRE DELIVERY OF BASIC SERVICES AND
PROVISION OF ADEQUATE FACILITIES RELATIVE
TO ENVIRONMENT AND NATURAL RESOURCES
SERVICES AS PROVIDED FOR UNDER SECTION 17

OF THIS.CODE;

(2)DEVELOP PLANS AND STRATEGIES AND UPON
APPROVAL THEREOF, .BY THE GOVERNOR OR
MAYOR, 4S THE CASE MAY BE, IMPLEMENT THE
SAME, PARTICULARLY THOSE WHICH HAVE TO

DO WITH. ENVIRONMENT AND NATURAL


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RESOURCES PROGRAMS AND PROJECTS WHICH
THE GOVERNOR OR MAYOR IS EMPOWERED TO
IMPLEMENT AND WHICH THE SANGGUNIAN IS
EMPOWERED TO PROVIDE FOR UNDER THIS

CODE;

(3)IN ADDITION TO THE FOREGOING DUTIES AND

FUNCTIONS, THE ENVIRONMENT AND NATURAL

RESOURCES OFFICER

SHALL:

WS PPEAIRAME ANA Den

() “ESTABLISH, MAINTAIN, PROTECT AND
PRESERVE | + COMMUNAL FORESTS,
WATERSHEDS, TREEPARKS, MANGROVES,
GREENBELTS AND SIMILAR FOREST
PROJECTS AND COMMERCIAL FOREST, LIKE
INDUSTRIAL TREE FARMS AND AGRO-
FORESTRY PROJECTS;

(1) PROVIDE EXTENSION SERVICES TO
BENEZICIARIES OF FOREST DEVELOPMENT
PROJPQTS AND TECHMICAL, FINANCIAL AND
INFRASTRUCTURE ASSISTANCE;

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(I) MANAGE AND MAINTAIN SEED BANKS
AND*PRODUCE SEEDLINGS FOR FOREST AND
TREE‘PARKS;

({¥)PROVIDE EXTENSION SERVICES TO
BENEFICIARIES OF FOREST DEVELOPMENT
PROJECTS AND RENDER ASSISTANCE FOR
NATURAL RESOURCES-RELATED
CONSERVATION AND UTILIZATION ACTIVITIES
CONSISTENT WITH ECOLOGICAL BALANCE;
(in BROMOTE THE, SMALL-SCALE MINING AND
UZUSZAZION. OF MINERAL RESOURCES,
PARTIGULARLY MINING.OF, GOLD;

(A GOORDINATE,,, WITH, GOVERNMENT
AGENCIES AND... NON-GOVERNMENTAL
ORGANIZATIONS IN THE IMPLEMENTATION OF
MEASURES TO PREVENT AND CONTROL LAND,
ARR AND.» WATER POLLUTION WITH THE
APSISEAMCE ie TEE PEPARTMENT. OF
ERERQNMENT AND NOTURAL RESOURCES;

(4) BEB) IGE TEONTRING, OF THE, DELIVERY OF

SERVICES CONCERNING THE ENVIRONMENT AND

577]

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NATURAL RESOURCES, PARTICULARLY IN THE
RENEWAL AND REHABILITATION OF THE
ENVIRONMENT DURING AND IN THE AFTERMATH OF
MAN-MADE AND NATURAL CALAMITIES AND
DISASTERS;

(5) RECOMMEND TO THE SANGGUNIAN AND ADVISE
THE GOVERNOR OR MAYOR, AS THE CASE MAY BE,
ON ALL MATTERS RELATIVE TO THE PROTECTION,
CONSERVATION MAXIMUM UTILIZATION
APPLICATION OF APPROPRIATE TECHNOLOGY AND
OTHER MATTERS RELATED TO THE ENVIRONMENT
AND NATURAL RESOURCES;

(C) EXERCISE SUCH OTHER POWERS AND PERFORM
SUCH OTHER DUTIES AND FUNCTIONS AS MAY BE
PRESCRIBED BY LAW GR ORINANCE.”

Sec. 6. Repealing Clause. — All laws, decrees, executive orders
and regulations, issuances or parts thereof inconsistent with his
Act are hereby repealed or amended accordingly.

Sec.7. Effectivity. This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in a newspaper of

general circulation.

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Approved,