IN RE: Alyansa ng Mamamayan sa Valenzuela Multipurpose Cooperative (AMVA MC)
WHEREAS, the CDA was created under Republic Act No. 6939 purposely to promote the viability and growth of cooperatives as instruments of equity, social justice and economic development.
WHEREAS, since the housing project became fully operational sometime in 2017, and even before, the LGU Valenzuela has been receiving numerous complaints regarding the officers of AMVA and the management of the cooperative;
WHEREAS, the Housing and Urban Development Coordinating Council (HUDCC), SHFC and CDA have likewise received numerous and serious complaints from the members regarding the officers and management of AMVA that necessitated the conduct of several meetings and interagency collaboration in an effort to address these concerns;
WHEREAS, the gravity of the issues raised by the members prompted the CDA to call an emergency meeting with the officers of AMVA last 22 February 2019, that resulted to the deferment of the conduct of the General Assembly as well as the Election of Members of the Board of Directors and other officers of the above-mentioned cooperative supposedly scheduled on 25 February 2019;
WHEREAS, the complaints raised by the members of AMVA include the composition of the masterlist, substitution/eviction of members, collections (overpayment, collection not related to cooperative and housing concerns), non-issuance of official receipt, selling of housing units to unqualified persons, estate management issues, peace and order, alleged monopoly on the onsite market, and alleged harassment by Ms. Enriqueta Catayong, AMVA Chairperson, and other officers;
WHEREAS, in response to these complaints, the LGU has posted police personnel in the premises of the housing project as well as conducted dialogues with the officers and concerned members;
WHEREAS, LIKEWISE, the SHFC has put up a help desk in the area to also conduct validation of the membership of the cooperative. The CDA has also conducted an examination of the records of the cooperative, interviews of officers and members, and occupancy inspections.
WHEREAS, HOWEVER, despite these efforts, the members report continuing harassment against them by the officers of the cooperative and their cohorts;
WHEREAS, pending the outcome of the investigations and examinations being conducted by the CDA and SHFC, and by the Interim AMVA Management Council (IAMC), while mindful of the general principle of independence of cooperatives and there is a need to adhere to the higher purpose of equity, social justice and economic development of cooperatives;
NOW, THEREFORE, for and in consideration of the foregoing and of the conditions hereinafter set forth the existing BOARD OF DIRECTORS AND OTHER OFFICERS OF AMVAMC are directed to REFRAIN from acting as such BOARD OF DIRECTORS AND OTHER OFFICERS OF AMVAMC by virtue of Section 12 of Part II (Special Provisions), Rule I (Housing Cooperatives) of the Revised Implementing Rules and Regulations of Republic Act No. 9520 provides that:
A. “Section 12. Regulatory Power. The Authority shall have the power to regulate the internal affairs of Housing Cooperatives such as:
a. Exercise of rights and privileges of members;
b. Formulation of rules and procedures and the conduct of meetings of General Assembly, Board of Directors and Committees;
c. Manner of election and qualifications of Officers, Directors and Committee Members;
d. Allocation and distribution of net surplus; and
e. Other matters relating to the internal affairs of Housing Cooperatives.
B. Other matters relating to the internal affairs of Housing Cooperative includes but not limited to the following as CDA shall proceed with the:
1. Resolution of the findings in the examination conducted and/or the cooperative’s compliance thereon;
2. Measures to be undertaken to ensure the cooperative is able to monitor and manage/supervise all its financial records and transaction in which case collection of dues, disbursement of cooperative funds and withdrawal of funds of the cooperative thru the present Board of directors and Officers from any of its depository banks shall be deemed as prohibited acts.
3. The necessary filing of criminal, civil and/or administrative cases against officers and members of the cooperative as per Article 140 of RA 9520 after completion of the audit on the cooperative.
July 8, 2019, Cubao, Quezon City, Philippines.
(Sgd) ORLANDO R. RAVANERA