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Republic Act No.

6938 March 10, 1990

AN ACT TO ORDAIN A COOPERATIVE CODE OF THE PHILIPPINES

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


Congress assembled::

CHAPTER I
GENERAL CONCEPTS AND PRINCIPLES

Section 1. Title. - This Act shall be known as the "Cooperative Code of the Philippines."

Section 2. Declaration of Policy. - It is the declared policy of the State 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 State
shall encourage the private sector to undertake the actual formation and organization of
cooperatives and shall create an atmosphere that is conducive to the growth and
development of these cooperatives.

Toward this end, the Government and all its branches, subdivisions, instrumentalities and
agencies shall ensure the provision of technical guidance, financial assistance and other
services to enable said 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.

Further, the State recognizes the principle of subsidiarity under which the cooperative sector
will initiate and regulate within its own ranks the promotion and organization, training and
research, audit and support services relating to cooperatives with government assistance
where necessary.

Section 3. General Concepts. - A cooperative is a duly registered association of persons,


with a common bond of interest, who have voluntarily joined together to achieve a lawful
common social or economic end, making equitable contributions to the capital required and
accepting a fair share of the risks and benefits of the undertaking in accordance with
universally accepted cooperative principles.

Section 126. Interpretation and Construction. - In case of doubt as to the meaning of any
provision of this Code or the regulations issued in pursuance thereof, the same shall be
resolved liberally in favor of the cooperatives and their members.

Republic Act No. 7160 October 10, 1991

AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991

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


assembled::

BOOK I
GENERAL PROVISIONS

TITLE I
BASIC PRINCIPLES
CHAPTER I
The Code: Policy and Application

Section 1. Title. - This Act shall be known and cited as the "Local Government Code of
1991".

Section 2. Declaration of Policy. -

(a) It is hereby declared the policy of the State that the territorial and political
subdivisions of the State shall enjoy genuine and meaningful local autonomy to
enable them to attain their fullest development as self-reliant communities and make
them more effective partners in the attainment of national goals. Toward this end, the
State shall provide for a more responsive and accountable local government structure
instituted through a system of decentralization whereby local government units shall
be given more powers, authority, responsibilities, and resources. The process of
decentralization shall proceed from the national government to the local government
units.

(b) It is also the policy of the State to ensure the accountability of local government
units through the institution of effective mechanisms of recall, initiative and
referendum.

(c) It is likewise the policy of the State to require all national agencies and offices to
conduct periodic consultations with appropriate local government units,
nongovernmental and people's organizations, and other concerned sectors of the
community before any project or program is implemented in their respective
jurisdictions.1awphil.net

Section 3. Operative Principles of Decentralization. - The formulation and implementation of


policies and measures on local autonomy shall be guided by the following operative
principles:

(a) There shall be an effective allocation among the different local government units
of their respective powers, functions, responsibilities, and resources;

(b) There shall be established in every local government unit an accountable,


efficient, and dynamic organizational structure and operating mechanism that will
meet the priority needs and service requirements of its communities;

(c) Subject to civil service law, rules and regulations, local officials and employees
paid wholly or mainly from local funds shall be appointed or removed, according to
merit and fitness, by the appropriate appointing authority;

(d) The vesting of duty, responsibility, and accountability in local government units
shall be accompanied with provision for reasonably adequate resources to discharge
their powers and effectively carry out their functions: hence, they shall have the
power to create and broaden their own sources of revenue and the right to a just
share in national taxes and an equitable share in the proceeds of the utilization and
development of the national wealth within their respective areas;

(e) Provinces with respect to component cities and municipalities, and cities and
municipalities with respect to component barangays, shall ensure that the acts of
their component units are within the scope of their prescribed powers and functions;

(f) Local government units may group themselves, consolidate or coordinate their
efforts, services, and resources commonly beneficial to them;
(g) The capabilities of local government units, especially the municipalities and
barangays, shall be enhanced by providing them with opportunities to participate
actively in the implementation of national programs and projects;

(h) There shall be a continuing mechanism to enhance local autonomy not only by
legislative enabling acts but also by administrative and organizational reforms;

(i) Local government units shall share with the national government the responsibility
in the management and maintenance of ecological balance within their territorial
jurisdiction, subject to the provisions of this Code and national policies;

(j) Effective mechanisms for ensuring the accountability of local government units to
their respective constituents shall be strengthened in order to upgrade continually the
quality of local leadership;

(k) The realization of local autonomy shall be facilitated through improved


coordination of national government policies and programs an extension of adequate
technical and material assistance to less developed and deserving local government
units;

(l) The participation of the private sector in local governance, particularly in the
delivery of basic services, shall be encouraged to ensure the viability of local
autonomy as an alternative strategy for sustainable development; and

(m) The national government shall ensure that decentralization contributes to the
continuing improvement of the performance of local government units and the quality
of community life.

Section 4. Scope of Application. - This Code shall apply to all provinces, cities, municipalities,
barangays, and other political subdivisions as may be created by law, and, to the extent
herein provided, to officials, offices, or agencies of the national government.

Section 5. Rules of Interpretation. - In the interpretation of the provisions of this Code, the
following rules shall apply:

(a) Any provision on a power of a local government unit shall be liberally interpreted
in its favor, and in case of doubt, any question thereon shall be resolved in favor of
devolution of powers and of the lower local government unit. Any fair and reasonable
doubt as to the existence of the power shall be interpreted in favor of the local
government unit concerned;

(b) In case of doubt, any tax ordinance or revenue measure shall be construed strictly
against the local government unit enacting it, and liberally in favor of the taxpayer.
Any tax exemption, incentive or relief granted by any local government unit pursuant
to the provisions of this Code shall be construed strictly against the person claiming
it.

(c) The general welfare provisions in this Code shall be liberally interpreted to give
more powers to local government units in accelerating economic development and
upgrading the quality of life for the people in the community;

(d) Rights and obligations existing on the date of effectivity of this Code and arising
out of contracts or any other source of presentation involving a local government unit
shall be governed by the original terms and conditions of said contracts or the law in
force at the time such rights were vested; and
(e) In the resolution of controversies arising under this Code where no legal provision
or jurisprudence applies, resort may be had to the customs and traditions in the place
where the controversies take place.

REPUBLIC ACT NO. 8792 June 14, 2000

AN ACT PROVIDING FOR THE RECOGNITION AND USE OF ELECTRONIC


COMMERCIAL AND NON-COMMERCIAL TRANSACTIONS AND DOCUMENTS,
PENALTIES FOR UNLAWFUL USE THEREOF, AND FOR OTHER PURPOSES

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


assembled:

PART I
SHORT TITLE AND DECLARATION OF POLICY

Section 1. Short Title - This Act shall be known as the "Electronic Commerce Act of 2000."

Section 2. Declaration of Policy - The State recognizes the vital role of information and
communications technology (ICT) in nation-building; the need to create an information-
friendly environment which supports and ensures the availability, diversity and affordability of
ICT products and services; the primary responsibility of the private sector in contributing
investments and services in telecommunications and information technology; the need to
develop, with appropriate training programs and institutional policy changes, human
resources for the information technology age, a labor force skilled in the use of ICT and a
population capable of operating and utilizing electronic appliances and computers; its
obligation to facilitate the transfer and promotion of technology; to ensure network security,
connectivity and neutrality of technology for the national benefit; and the need to marshal,
organize and deploy national information infrastructures, comprising in both
telecommunications network and strategic information services, including their
interconnection to the global information networks, with the necessary and appropriate legal,
financial, diplomatic and technical framework, systems and facilities.

PART II
ELECTRONIC COMMERCE IN GENERAL

CHAPTER I
GENERAL PROVISIONS

Section 3. Objective - This Act aims to facilitate domestic and international dealings,
transactions, arrangements agreements, contracts and exchanges and storage of information
through the utilization of electronic, optical and similar medium, mode, instrumentality and
technology to recognize the authenticity and reliability of electronic documents related to such
activities and to promote the universal use of electronic transaction in the government and
general public.

Section 37. Statutory Interpretation. - Unless otherwise expressly provided for, the
interpretation of this Act shall give due regard to its international origin and the need to
promote uniformity in its application and the observance of good faith in international trade
relations. The generally accepted principles of international law and convention on electronic
commerce shall likewise be considered.
Republic Act No. 9285 April 2, 2004

AN ACT TO INSTITUTIONALIZE THE USE OF AN ALTERNATIVE DISPUTE


RESOLUTION SYSTEM IN THE PHILIPPINES AND TO ESTABLISH THE OFFICE FOR
ALTERNATIVE DISPUTE RESOLUTION, AND FOR OTHER PURPOSES

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


assembled:

CHAPTER 1 - GENERAL PROVISIONS

SECTION 1. Title. - This act shall be known as the "Alternative Dispute Resolution Act of
2004."

SEC. 2. Declaration of Policy. - it is hereby declared the policy of the State to actively
promote party autonomy in the resolution of disputes or the freedom of the party to make their
own arrangements to resolve their disputes. Towards this end, the State shall encourage and
actively promote the use of Alternative Dispute Resolution (ADR) as an important means to
achieve speedy and impartial justice and declog court dockets. As such, the State shall
provide means for the use of ADR as an efficient tool and an alternative procedure for the
resolution of appropriate cases. Likewise, the State shall enlist active private sector
participation in the settlement of disputes through ADR. This Act shall be without prejudice to
the adoption by the Supreme Court of any ADR system, such as mediation, conciliation,
arbitration, or any combination thereof as a means of achieving speedy and efficient means of
resolving cases pending before all courts in the Philippines which shall be governed by such
rules as the Supreme Court may approve from time to time.

SEC. 8. Application and Interpretation. - In applying construing the provisions of this


Chapter, consideration must be given to the need to promote candor or parties and mediators
through confidentiality of the mediation process, the policy of fostering prompt, economical,
and amicable resolution of disputes in accordance with the principles of integrity of
determination by the parties, and the policy that the decision-making authority in the
mediation process rests with the parties.

SEC. 20. Interpretation of Model Law. - In interpreting the Model Law, regard shall be had
to its international origin and to the need for uniformity in its interpretation and resort may be
made to the travaux preparatories and the report of the Secretary General of the United
Nations Commission on International Trade Law dated March 25, 1985 entitled, "International
Commercial Arbitration: Analytical Commentary on Draft Trade identified by reference
number A/CN. 9/264."

SEC. 25. Interpretation of the Act. - In interpreting the Act, the court shall have due regard
to the policy of the law in favor of arbitration. Where action is commenced by or against
multiple parties, one or more of whom are parties who are bound by the arbitration agreement
although the civil action may continue as to those who are not bound by such arbitration
agreement.

Republic Act No. 9372 March 6, 2007

AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Short Title. - This Act shall henceforth be known as the "Human Security Act
of 2007."

SEC. 2. Declaration of Policy. - It is declared a policy of the State to protect life, liberty, and
property from acts of terrorism, to condemn terrorism as inimical and dangerous to the
national security of the country and to the welfare of the people, and to make terrorism a
crime against the Filipino people, against humanity, and against the law of nations.

In the implementation of the policy stated above, the State shall uphold the basic rights and
fundamental liberties of the people as enshrined in the Constitution.

The State recognizes that the fight against terrorism requires a comprehensive approach,
comprising political, economic, diplomatic, military, and legal means duly taking into account
the root causes of terrorism without acknowledging these as justifications for terrorist and/or
criminal activities. Such measures shall include conflict management and post-conflict peace-
building, addressing the roots of conflict by building state capacity and promoting equitable
economic development.

Nothing in this Act shall be interpreted as a curtailment, restriction or diminution of


constitutionally recognized powers of the executive branch of the government. It is to be
understood, however that the exercise of the constitutionally recognized powers of the
executive department of the government shall not prejudice respect for human rights which
shall be absolute and protected at all times.

SEC. 53. Anti-Terrorism Council. - An Anti-Terrorism Council, hereinafter referred to, for
brevity, as the "Council," is hereby created. The members of the Council are: (1) the
Executive Secretary, who shall be its Chairperson; (2) the Secretary of Justice, who shall be
its Vice Chairperson; and (3) the Secretary of Foreign Affairs; (4) the Secretary of National
Defense; (5) the Secretary of the Interior and Local Government; (6) the Secretary of
Finance; and (7) the National Security Advisor, as its other members.

The Council shall implement this Act and assume the responsibility for the proper and
effective implementation of the anti-terrorism policy of the country. The Council shall keep
records of its proceedings and decisions. All records of the Council shall be subject to such
security classifications as the Council may, in its judgment and discretion, decide to adopt to
safeguard the safety of the people, the security of the Republic, and the welfare of the nation.

The National Intelligence Coordinating Agency shall be the Secretariat of the Council. The
Council shall define the powers, duties, and functions of the National Intelligence
Coordinating Agency as Secretariat of the Council. The National Bureau of Investigation, the
Bureau of Immigration, the Office of Civil Defense, the Intelligence Service of the Armed
Forces of the Philippines, the Anti-Money Laundering Council, the Philippine Center on
Transnational Crime, and the Philippine National Police intelligence and investigative
elements shall serve as support agencies for the Council.

The Council shall formulate and adopt comprehensive, adequate, efficient, and effective anti-
terrorism plans, programs, and counter-measures to suppress and eradicate terrorism in the
country and to protect the people from acts of terrorism. Nothing herein shall be interpreted to
empower the Anti-Terrorism Council to exercise any judicial or quasi-judicial power or
authority.

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