CONSTITUTION AND BY-LAWS OF

PREAMBLE

We, the members of Local Coconut Industry Development Council of Cabunga-an (LCIDCC) , association of, Brgy. Cabunga-an, Sto. Nino Samar, in order to improve our standards of living and enhance the general welfare, organized ourselves into an association; do hereby promulgate this constitution and by-laws;

ARTICLE I

NAME AND ADDRESS OF THE ASSOCIATON

Section 1. The name of the association shall be Local Coconut Industry Development Council of Cabunga-an.

Section 2. The Address of the association shall be Brgy. Cabung-an, Sto.Nino Samar.

ARTICLE II

OBJECTIVES AND PURPOSE

Section 1. Objectives and Purpose – The objectives and purpose of this association shall promote to the following principles, but shall not limited to these items:

a). The association is created in accordance with DILG memorandum no. 2012-67 known as “Establishment of Local Coconut Industry Development Council (LCIDC)”;

b). To work with non-government and government organization or entities in the promotion and development of the association and in carrying out government policies and laws that exist;

c). To promote the moral, social and economic well-being of all members;

d). To establish an association that will promote mutual aid and protection to its members.

ARTICLE III

MEMBERSHIP

Section 1. Membership – That membership of the association shall be open to all residence of Sto.Nino Samar who are legal ages, with the capacity to contract or head of the family and are:

a). Residing in the area of operation within Sto.Nino Samar.

b). Willing to abide the constitution and by-laws of the association.

c). Pledge to undertake the responsibilities of a member.

Section 2. Application of Membership – Shall be in writing and shall be presented to the board members for action and approval.

a). The application for membership shall be in writing and shall be presented to the board members for action and approval. The application shall be accompanied by membership fee of One hundred Pesos (Php 100) which amount shall be returned to the applicant in case of rejection.

Section 3. Membership in Association – One acquired, shall be permanent and may be lost on the following grounds;

a). Habitual absences from meeting where his/her attendance is required, at least three (3) consecutive absences without any written explanation is subjected to termination upon the decision by 60 % of Board members;

b). Persons who have convicted of a crime involving moral turpitude;

c). Failure to comply with the existing rules, policies and regulations of the association as set forth in its constitution and by-laws or any violations of the provision thereof.

ARTICLE IV

RIGHTS, DUTIES AND RESPONSIBILITIES OF MEBERS

Section 1. Rights of Members. – Every member shall have the following rights.

a). Participate in the deliberation during membership meetings;

b). Avail services of the association without discrimination, conditions and requirements thereof;

c). Inspect and examine the books of account, the minutes book and other records of the association during the office hours and to exercise other rights and privileges of membership;

d). To exercise the right to vote on all matters relating to the affairs of the association, to be eligible to any elective or appointive office of the association; and

e). To avail of all the facilities/services of the association.

Section 2. Duties and Responsibilities of Members – Every member shall have the following duties and responsibilities:

a). To obey and comply with the constitution and by-laws of the association and such rules and regulations that it may be promulgated from time to time.

b). To attend all meetings, trainings and seminar that it may be called for requiring attendance of members.

c). To assist in every way possible in advancing the objectives of the association.

ARTICLE V

TERMINATION, WITHDRAWAL, SUSPENSION AND EXPULSION OF MEMBERS

Section 1. Termination of Membership – Membership in association maybe terminated either by withdrawal or expulsion.

Section 2. Withdrawal – Any member desiring to terminate the membership by withdrawal shall submit a written application to the Board members. However, no member shall be allowed to withdraw or terminate membership during any period in which he/she has pending obligation with the association.

Section 3. Suspension & Expulsion – A member may be terminated by the officers or board member for any of the following causes:

a). When a member has continuously failed to comply his/her obligations.

b). When a member has acted in violation of the by-laws, rules and regulations

C). 3 successive absences without any written explanation shall be subjected to termination upon the decision by 60% of the board members.

ARTICLE VI

GOVERNMENT

Section 1. The General Assembly – The General assembly of the Association shall be composed of members entitled to vote duly assembled and constituting a quorum.

Section 2. Power and Limitation of the General Assembly – The General assembly has the following Power:

a). To Elect and remove officers and Board member for cause;

b). To hear and pass upon the reports of the officers and board members;

c). To take final decisions regarding any drastic change in financial policies subject to legal restrictions;

d). To exercise final authority on all matters affecting the association;

e). To exercise all powers expressly provided by law and by-laws.

Section 3. Monthly General Assembly – The Monthly General assembly or meeting should be held on the 1st Sunday of the Month, at the principal office of the association or at any place within its area of operation and such time as the officers may designate.

Section 4. Special General Assembly – A special General Assembly meeting may be called at any time by a majority vote of the board members of the presiding or upon petition of 50% plus 1 of General membership.

Section 5. Notice of General Assembly – Notices of the time and place of Monthly and Special General assembly shall be given written, personally or cellphone, at least five (5) days before the

date set for such meeting. The notice of every special General assembly shall state briefly the purpose or purposes of the meeting.

Section 6. Fiscal Year – Fiscal year of the association shall be commenced on the first day of January and end on the last day of December.

Section 7. Agenda – The order of Business/Activities at each Monthly meeting shall be:

a). Roll Call

b). Consideration of the minutes of the last general meeting

c). Report of the Board members.

d). Financial report of the treasurer.

e). Planned and implemented report of the secretary.

f). Concern of individual members.

g). Report of the president.

h). Election of the officers for the ensuring year.

i). Other matters.

Section 8. Quorum at the membership Assembly – At the annual or special general assembly, fifty percent (50%) plus 1 of the total members entitled to vote shall constitute a quorum.

Section 9. Manner of Voting

a). Members entitled to vote shall be qualified to vote and participate in the general assembly of the association. No member shall be entitled to vote more than one regardless of the share owned. No proxy voting shall be allowed.

b). Election and removal of officers shall be in any manner that will truly reflect the decision of the membership.

c). Secret voting to be practiced in every election.

Section 10. Officers and Members – The business of the association shall be administered by the officers and board members.

Section 11. Qualification and disqualification of officers – All members entitled to vote, who have time and willingness to serve are qualified to be voted except those under any of the following circumstances which disqualify them to be voted upon the position of officers or to continue as such:

a). Holding any elective position in the government, except that of Barangay officials;

b). Having conflict of interest with the business of the association;

c). Having absent for three consecutive officers meeting without being excused;

d). Having been convicted of any crime involving moral turpitude, gross negligence or gross misconduct in the performance of his duties if found culpable on any administrative case involving such offense;

e). Facing as respondents for defending on administrative proceeding or civil/criminal suits involving financial and/or property accountability; and

Section 12. Election of officers – The officers shall be elected by secret ballot by the members at the annual general assembly and shall hold office for a term of three (3) years unless earlier removed for cause, or have resigned or become incapacitated due to illness or death, and until their successor have been elected qualified and have discharge the duties of the office, provided that during the election at the first general assembly after resignation, 50% plus one officer obtaining the highest number of votes shall serve for three (3) years.

Section 13. Quorum of Officers’ Meeting – 50% plus one of the total officers shall constitute a quorum. A majority vote of the quorum duly assembled in meeting shall be valid.

Section 14. Vacancies – When a vacancy of the officers occurs by reason of death, incapacity, removal or resignation, the remaining officers constituting a quorum shall fill the vacancy. If the officers do not constitute a quorum, the vacancy shall be filled by the general assembly in a regular special meeting call for the purpose. The successors named in either of the two instances, shall serve for the unexpired portion of the term.

Section 15. Removal of officers and committee Members – Any elected officers or committee members may be removed from office by a vote of two thirds (2/3) of the members entitled to vote, to present and constituting a quorum at the annual or special general assembly called for the purpose after having given the opportunity to be heard at the said assembly.

Section 16. Powers and Duties of Officers

a). Board members – Shall be responsible for the strategic planning, board resolution, direction-setting and policy-formulating activities of the association. 60% of the board members shall approve the resolution, Planning & policies prior to endorse to President for implementation. They are in charge to conduct audit on income and expenses and inventory of properties of the association.

b). President – Preside over all meeting of the association and the officers meeting and perform any and all acts and duties usually performed by a presiding officers. Sign all communications, revolving funds certificates, contracts and such other papers of the association which the officers may authorize or direct him to sign. Perform such other duties as the officers may prescribe.

c). Treasurer;

i. Take custody of all monies, securities of papers of the association;ii. Keep a complete records of its cash transactions for the establishment of proof of

his/her cash position at any time and date;iii. Pay upon the recommendation of the business manager or as authorized by the

officers, all money transaction and certified to the correctness of the cash position of the association in all financial statement, and report submitted to the officers and the general assembly;

iv. Turn over all monies, securities, papers and other properties belonging to the association that he may have in his possession upon election of his successor;

v. Perform the duties of the secretary in the latter’s absence or inability to perform his duties.

d). Secretary;

i. Keep a complete list of all members and maintain correct record of all meetings of the officers and the general assembly;

ii. Give notice to all meetings called;iii. Keep and maintain in the record book and serve as custodian of the seal of the

association;iv. Turn over to his/her successor all books and other properties in his/her possession

belonging to the association; andv. Perform the duties of the treasurer in case of the latter’s absence or inability to

perform his duties.

ARTICLE VIII

CAPITAL STRUCTURE

Section 1. Sources of Funds - The association shall derive its funds from:

a). Membership fee – P 100 / member

b). Contributions

c). Donations

d). Fund raising

ARTICLE VIII

CAPITAL STRUCTURE

Section 1. As far as practicable, all revenues transaction of the association shall be on cash basis.

Section 2. The association shall procure the production inputs and supplies, consumers’ goods, and other related needs of its members and the community in bulk from the best sources possible through an association purchasing system to achieve economy and efficiency and shall make these goods available regularly at the right quality and quantity at reasonable price.

Section 3. All members shall execute a marketing and/or service agreement with the association. The latter shall market the product of the members and/or provide the needed service in the usual custody manner or any manner it may see fit under the circumstances, having in the mind the interest and welfare of the members.

Section 4. The association shall mobilize the resources of its members for capital formation toward financing other services needed by them and the community.

ARTICLE IX

AMENDMENTS

Section 1. This constitution and by-laws maybe amended, altered or repeated in whole or in part, or a new constitution and bylaws may be adopted at any regular or special meeting of the General Assembly called for the association.

ARTICLE X

EFFECTIVITY

This Constitution and by-laws shall take effect immediately upon ratification by a majority vote of all the members of the association.