Money how recovered.
SEC. 144. Money how recovered.—Every order issued for the recovery of any sum granted or transferred under this Act in respect of which no specific mode of recovery is provided, shall, if not carried out, on a certificate signed by the Administrator or liquidator which shall be deemed as a decree of a court, be executed by any court having jurisdiction in the same manner as a decree of such court, or on a certificate signed by the Administrator and forwarded to the Collector of Internal Revenue who shall proceed to recover the amount in the same manner as if it were an arrears of internal revenue and the collection handed over to. the Administrator for disposal to the proper authority, provided that all sums due from a co-operative to the Government or otherwise recoverable from a co-operative may be recovered firstly, from the property of the co-operative; secondly, in the case of a co-operative with limited liability from the members, past members, estates of deceased members or their sureties subject to the limit of their liability and thirdly, in the case of other cooperatives from the members, past members or estates of deceased members or their sureties to such extent or in such proportion as may be determined by the Administrator.
Enforcement of orders.
SEC. 145. Enforcement of orders.—Every order issued under Chapters IX, XI and XII, in addition to any other method of enforcement under this Act, shall be submitted to a court of competent jurisdiction for approval and enforcement as in any ordinary case.
Register of co-operatives.
SEC. 146. Register of co-operatives.—The Administrator shall maintain a register wherein he shall chronologically note every co-operative registered or cancelled under this Act together with information required under Section sixteen and any other information considered useful by him. He shall publish every year a list of cooperatives in existence, under dissolution and whose registration is cancelled during the year together with such information on each of them as may be prescribed in the regulations.
Acts of co-operative, etc., not to be invalidated by certain defects.
SEC. 147. Acts of co-operative, etc., not to be invalidated by certain defects.—
No act of a co-operative or board or committee or of any officer or liquidator done in good faith in the course of the business of the co-operative shall be deemed to be invalid by reason only of some defect subsequently discovered in the registration of the co-operatives or in the formation of the general assembly or in the constitution of board or committee or in the appointment or election of directors, committee members, liquidator or officer or on the ground that such person was disqualified for his appointment.
No act done in good faith by any person appointed under this Act shall be invalid by reason only of the fact that his appointment has been cancelled by or in consequence of any order subsequently passed under this Act.
The Administrator shall decide whether any act done was in good faith under this section.
Notice to Administrator in suits against co-operatives necessary.
SEC. 148. Notice to Administrator in suits against co-operatives necessary.—No suit shall be instituted against a co-operative or persons representing it in respect of any act touching the business of the co-operative until the expiration of two months after notice in writing has been delivered to the Administrator, stating the cause of action, the name and postal address of the person giving notice and the relief he claims, together with a statement that such notice has been delivered.
Private transfer of property made after issue of certificate void against co-operative.
SEC. 149. Private transfer of property made after issue of certificate void against co-operative.—Any private transfer or delivery of, or encumbrance or charge in, property made or created after the issue of the certificate of the Administrator or liquidator, as the case may be, under section one hundred forty-four shall be null and void as against the co-operative on whose application the said certificate was issued.
Board of directors of National Co-operative Union.
SEC. 150. Board of directors of National Co-operative Union.—The composition of the board of directors of the National Co-operative Union shall be such as to consist of all interests representing the Co-operative Movement and the Government of the Philippines.
Review and revision.
SEC. 151. Review and revision.—
Within thirty days from notice of an order issued by the Administrator in a proceeding under this Act, any person aggrieved thereby may obtain a review of such order by the Secretary of Commerce ancd Industry. Upon such petition for review or motu propio, the Secretary of Commerce and Industry shall have the power to affirm, modify, or set aside, in whole or in part, any order of the Administrator.
The Administrator may at any time—
Revise any order issued by himself; or
Call for and examine the record of any inquiry or inspection held or made under this Act or the proceeding's of any person acting on his authority, and if it appears to him that any decision, order or award or any proceedings so called for should for any reason be modified, annulled or reversed, he may issue such orders thereon as he thinks fit:
Provided, That, before any order is made under subsecr tions (1) and (2), the Secretary of Commerce and Industry or the Administrator, as the case may be, shall afford to any person, likely to be affected adversely by such order, an opportunity to be heard.
The Administrator shall submit, through the Secretary of Commerce and Industry, at the end of each calendar year a review of the activities of the Co-operatives Administration Office during the year and its plans and programs for the following year for the consideration and approval of the National Economic Council in line with the economic development program: Provided, That in the first year of its operation after the approval of this Act, attention shall be given to the promotion of one co-operative wholesale society and one-co-operative bank at tho national level, and consumers co-operatives; in the second year, attention shall be given to the promotion of industrial co-operatives in urban and rural communities; and in the third year, attention shall be given to the strengthening of credit co-operative societies: Provided, further, That the organization of such cooperatives shall be done gradually, starting with localities where conditions are most suitable for their successful operation.
Repeals.
SEC. 152. Repeals.—All acts, executive orders, rules and regulations or parts thereof in conflict with the provisions of this Act, are repealed. If any provision of this Act shall be held invalid the remainder shall not be affected thereby.
Appropriation: nonagricultuml co-operative fund.
SEC. 153. Appropriation: nonagricultuml co-operative fund.—To carry out the provisions of this Act, there is hereby authorized to be appropriated, out of any funds in the National Treasury not otherwise appropriated, the sum of fifty million pesos (P 50,000,000.00), which shall be known as the Non-Agricultural Co-operative Fund: Provided, however, That of the said sum, two million two hundred fifty thousand pesos (P2,250,000) shall be made immediately available from the proceeds of the bonds authorized to be issued under Republic Act Numbered One Thousand for the following purposes:
Two million pesos (P2,000,000.00) for the initial capital investments required under Chapters XV and XVI, and
Two hundred fifty thousand pesos (P250.000.00) for certain costs of administration provided for in Sections one hundred nineteen and one hundred thirty-three hereof.
Report to Congress.
SEC. 154. Report to Congress.—The Administrator, through the Secretary of Commerce and Industry, shall submit to Congress copy of the rules and regulations promulgated by him in accordance with the provisions of this Act, as well as an annual report of the nonagri-cultural co-operatives program established under this Act.
Effectivity.
SEC. 155. Effectivity.—This Act shall take effect upon its approval.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
