REVISED YAKULT EMPLOYEES CREDIT COOPERATIVE
ELECTION CODE OF 2021
ARTICLE I
GENERAL PROVISIONS
Section 1. Title. – This Rule shall be known and cited as the “Revised Yakult Employees Credit Cooperative Election Code of 2018.”
Sec. 2. Applicability. – This Rule shall govern the election of YECC Board of Directors, as well as the members of the Audit Committee, Election Committee, and such other elective positions as may be determined by the Board.
ARTICLE II
ELECTION
Sec. 3. Date of Election. – The election of members of the BOD, Audit Committee, Election Committee and such other elective positions shall be held during the regular Annual General Assembly, on a date as may be determined by the BOD.
Sec. 4. Election and campaign periods. – The election period shall commence thirty (30) days before the day of the scheduled election.
The period of campaign shall be fifteen (15) days prior to the scheduled date of election. The campaign periods shall not include the day of the election.
ARTICLE III
MEMBER’S RIGHT TO VOTE
Sec. 5. Obligation to vote. – It shall be the obligation of every YECC member to cast his/her vote, provided he/she meets the requirements as stated in the succeeding section. The right to vote shall be exercised in person.
Sec. 6. Qualification of voters. – A regular member shall be entitled to one (1) vote, regardless of the numbers of shares, provided he/she meets the following requirements:
a. He/She must have paid at least Pesos: Ten Thousand & 00/100 (PhP 10,000.00), at least seven (7) days before the date of the election/Annual General Assembly;
b. He/She must not be declared delinquent according to the provisions and procedures indicated in the By-Laws, in the payment of his subscribed capital, and/or other accounts or obligations; and
c. He/She must not have violated any of the provisions of the YECC rules and regulations, By-Laws, Code of Ethics, and those others which may be promulgated and/or issued by the Board.
Sec. 7. Registration of voters and list of voters. – The Election Committee shall prepare the list of voters not later than seven (7) days before the election.
ARTICLE IV
ELIGIBILITY OF CANDIDATES AND CERTIFICATE OF CANDIDACY
Sec. 8. Qualifications of candidates for members of the Board of Directors. – The candidates for members of the Board of Directors must possess the following qualifications:
a. He/She must be a member in good standing on or before the election;
b. He/She must be a member of YECC for at least five (5) years on the date of the election;
c. He/She must have fully paid his/her capital subscription of at least Pesos: Eighty Thousand & 00/100 (PhP 80,000.00) at the time of the filing of the Certificate of Candidacy. This requirement shall be maintained during his/her term of office;
d. He/She must have good moral character, and must not have violated any of the provisions of the YECC rules and regulations, By-Laws, Code of Ethics, and those others which may be promulgated and/or issued by the Board;
e. He/She must be a graduate of at least 4-year college degree;
f. He/She must be capable and committed in fulfilling the functions as member of the BOD;
g. He/She must have undergone the seminar/training in accordance with Republic Act 9520 or the Philippine Cooperative Code of 2008, as amended;
h. He/She must not have conflict of interest with the business of the Cooperative; and
i. In case where the candidates are husband and wife, only one (1) of them can be qualified to run as member of the BOD.
A director may later on be disqualified from holding such position if:
a. He/She fails to meet the above-enumerated qualifications;
b. He/She has been absent for three (3) consecutive regular meetings without justifiable cause; and
c. He/She becomes an officer or employee of the Cooperative Development Authority.
Sec. 9. Composition of the Board of Directors. – The Board of Directors shall be composed of eleven (11) members.
Within ten (10) days after their election, they shall elect among themselves, through secret balloting, a Chairman and Vice-Chairman. No member of the Committee shall hold any other elective YECC position during his/her term of office.
Sec. 10. Qualifications of candidates for members of the Audit Committee, Election Committee, and such other elective positions. – The candidates for members of the Audit Committee, Election Committee and such other elective positions must possess the following qualifications:
a. He/She must be a member in good standing on or before the election;
b. He/She must have good moral character, and must not have violated any of the provisions of the YECC rules and regulations, By-Laws, Code of Ethics, and those others which may be promulgated and/or issued by the Board;
c. He/She must be a graduate of at least 4-year college degree;
d. He/She must be capable and committed in fulfilling the functions as member of the Audit Committee, Election Committee, or such other elective positions; and
e. He/She must not have conflict of interest with the business of the Cooperative; and
A. Audit Committee
The Audit Committee shall be composed of three (3) members. Within ten (10) days after their election, they shall elect among themselves a Chairman, Vice-Chairman and Secretary. No member of the Committee shall hold any other YECC position during his/her term of office.
It shall be the responsibility of the Audit Committee to maintain a complete record of its examinations and inventories, and submit an audited financial report quarterly or as may be required by the Board and/or the General Assembly. It shall likewise have the duty to continuously monitor the adequacy and effectiveness of YECC’s management control system, and audit the performance of the Cooperative and its various activities.
B. Election Committee
The Election Committee shall be composed of three (3) members. Within ten (10) days after their election, they shall elect among themselves a Chairman, Vice-Chairman and Secretary. No member of the Committee shall hold any other YECC position during his/her term of office.
The Election Committee shall have the following powers and functions:
a. Exclusive charge of the enforcement and administration of all rules relative to the conduct of elections for the purpose of ensuring free, orderly and honest elections;
b. Pass upon the qualifications of candidates;
c. Supervise the conduct of election and counting of votes;
d. Proclaim the winning candidates; and
e. Hear and decide all election contests.
Sec. 11. Term of office. – The Director-elect shall assume office on the day they have taken their oaths of office, on a date as may be determined by the Board, and shall end two (2) years after, when his/her successor has been elected and has taken his/her oath of office. During the first election, the first six (6) directors who obtained the highest number of votes shall serve for two (2) years, while the remaining five (5) directors shall serve for one (1) year. All directors elected in the subsequent elections shall serve for two (2) years. No director shall serve for more than three (3) consecutive terms.
The term of office of elected members of the Audit Committee, Election Committee, or such other elective positions shall assume office on the day they have taken their oaths of office, on a date as may be determined by the Board, and shall end two (2) years after, when his/her successor has been elected and has taken his/her oath of office.
Sec. 12. Vacancy. Any vacancy in the Board of Directors, other than by expiration of term, may be filled by the vote of at least a majority of the remaining directors, if still constituting a quorum; otherwise, the vacancy must be filled by the General Assembly in a regular or special meeting called for the purpose. A director so elected to fill a vacancy shall serve only the unexpired term of his/her predecessor in office.
In case of vacancy in the members of Audit Committee, Election Committee, or such other elective positions, the Board shall appoint his/her replacement, who shall serve only the unexpired term of his/her predecessor in office.
Sec. 13. Certificate of Candidacy. – No person shall be elected as Director or member of the Audit Committee, Election Committee, or such other elective positions, unless he/she files a sworn certificate of candidacy on any day from the commencement of the election period but not later than the day before the beginning of the campaign period in a form to be prescribed by the Election Committee.
The Election Committee shall prepare a consolidated list of all the candidates and shall post said list in the conspicuous places within the company premises and/or election venue of the Annual General Assembly.
Sec. 14. Contents of certificate of candidacy. – The certificate of candidacy shall state that the person filing it is announcing his/her candidacy for the office stated therein and that he/she is eligible for said office; civil status; his/her date of birth; residence; that he/she will obey the laws, legal orders, and decrees promulgated by the Board; that the obligation imposed by his/her oath is assumed voluntarily, without mental reservation or purpose of evasion; and that the facts stated in the certificate of candidacy are true to the best of his/her knowledge.
Sec. 15. Candidates holding appointive office or positions. – Any person holding appointive office or position shall be considered ipso facto resigned from his/her office upon the filing of his/her certificate of candidacy.
Sec. 16. Candidates holding elective office. – Any elective official running for any office other than the one which he/she is presently holding shall be considered ipso facto resigned from his/her office upon the filing of his/her certificate of candidacy.
Sec. 17. Disqualified candidates. – The Election Committee shall motu proprio refuse to give due course to or cancel a certificate of candidacy if it is shown that the candidate has failed to meet the qualifications and requirements as set forth above.
ARTICLE V
CAMPAIGN AND ELECTION PROPAGANDA
Sec. 18. Election campaign or partisan political activity outside campaign period. – It shall be unlawful for any candidate to engage in an election campaign except during the campaign period.
ARTICLE VI
POLLING PLACES
Section 19. Polling places. – The Election Committee shall designate a place to be used as polling place, taking into consideration the convenience and safety of the voters.
Section19 Polling places – The Election Committee will issue a memorandum to the General Membership that the election will be held online.
Section 20. Tally boards. – At the beginning of the counting, there shall be placed within the plain view of the Election Committee, watchers and the public, a tally board where the names of all the registered candidates to be voted upon shall be written, and a member of the Election Committee shall record thereon the votes received by each of them as the Election Committee reads the ballot.
Section 20 Tally boards – No tally board is required for the online election.
ARTICLE VII
OFFICIAL BALLOTS
Sec. 21. Official ballots. – The Election Committee shall provide the official ballots. Such official ballots shall be handed to the voter at the polling place.
The ballot shall contain the names of all the offices to be voted for in the election, and the names of the candidates for the said offices.
Section 21 Official ballots – Online voting forms for METV (Members Entitled To Vote) will be available via link to be provided by YECC thru email.
Voting form shall include the name of candidates and their respective position.
Sec. 22. Ballot boxes. – The Election Committee shall provide the ballot boxes, where the voter shall drop /deposit his/her ballot after casting his/her vote.
Section 22 Ballot boxes – No ballot box is required for the online election.
ARTICLE VIII
CASTING OF VOTES
Sec. 23. Voting hours. – The casting of votes shall start and end at the time to be determined by the Election Committee. Voting hours may be extended when there are voters present within the polling place who have not yet cast their votes, in which case the voting shall continue but only to allow said voters to cast their votes without interruption.
Section 23 – Voting hours – Online Election will start and end at the specific time determined by the Election Committee.
Section 24. Manner of voting. –
a. The voter, upon receiving his/her ballot, shall, using a ballot secrecy folder fill his/her ballot by writing in the corresponding the names of or shading the circle corresponding to the name of the individual candidates he/she desires to vote for.
Upon receiving the email for the online election, the voter shall fill up the online election form by ticking the box with the name of his/her desire candidate for every position.
b. After the voter has filled his/her ballot, he/she shall fold it in the same manner as when he/she received it and return it to the Election Committee.
Upon completion of the online election form, the voter is ready to submit his/her form.
c. In the presence of all the members of the Election Committee, he/she shall affix his/her thumbmark on the corresponding space in the coupon, and deliver the folded ballot to the Election Committee.
Upon submission of vote, it will automatically be counted and ready to be checked and validated by the Election Committee.
d. The voter shall deposit the folded ballot in the ballot box.
Submitted forms can no longer be modified.
e. The voter shall then depart.
The voter will receive a message for his/her successful participation for the online election.
Sec. 25. Minutes of voting and counting of votes. – The Election Committee shall prepare and sign a statement setting forth the following:
a. The time the voting commenced and ended;
b. The number of official ballots used and the number left unused;
Verified number of voters shall be based on the no. of registered members who participated in the online election
c. The number of voters who cast their votes; and
d. Such other matters that the Election Committee or Board may require.
ARTICLE IX
COUNTING OF VOTES
Sec. 26. Counting of votes. – The members of the Election Committee shall count and canvass the votes immediately after the closing of the poll. As soon as the voting is finished, the Election Committee shall publicly count in the polling place the votes cast and ascertain the results.
Section 26 – Counting of votes –Online Election result can be viewed and checked by the Election Committee real-time.
Sec. 27. Manner of counting votes. – The counting of votes shall be made by reading the names of candidates voted for and the offices for which they were voted in the order in which they appear thereon. A member of the Election Committee shall record on the tally board or sheet each vote as the names voted for each office are read.
Section 27 – Manner of counting votes – Actual result can be seen by the Election Committee. Upon submission of election form, the vote will be automatically counted by the system.
Sec. 28. Rules for the appreciation of ballots. In the reading and appreciation of ballots, every ballot shall be presumed to be valid unless there is clear and good reason to justify its rejection.
Unless due to pressing and justifiable reasons, such as cases of emergency, Acts of God, or other similar circumstances, approved by the Election Committee, any official candidate not present during the election and/or General Assembly shall be removed from the official list. No vote shall be counted in his/her favor.
When the candidates voted exceed the number of those to be elected for, the vote shall not be counted in favor of any one of them, but this will not affect the validity of the other votes for other positions therein.
The accidental tearing or perforation of a ballot does not annul such ballot.
Section 28 – Rules for appreciation of ballots – all METV recipients of official email regarding online election shall have the right to submit their online election form. Exceeded no. of votes will automatically nullify his/her form.
Sec. 29. Spoiled Ballot. If a voter accidentally spoil or deface a ballot in such a way that it can no longer be used, he/she shall surrender it to the Election Committee. The voter may, then, be given another ballot. No voter, however, shall change his/her ballot more than once.
Section 29 – Spoiled Ballot – provision not applicable to online election.
Sec. 30. Proclamation of the result of the election in the polling place. – Upon the completion of the counting of votes, the Chairman of the Election Committee shall orally and publicly announce the total number of votes received in the election in the polling place and/or before the General Assembly by each and every one of the candidates, stating their corresponding office. The candidates obtaining the highest number of votes shall be declared elected.
Section 30 – Proclamation of the result of the election in the polling place – closing of votes will automatically end in the system based on the time declared by the Election Committee. Once the printed election results were validated, proclamation of elected candidates with highest no. of votes shall take place during the General Assembly.
Sec. 31. Election resulting in tie. – Whenever it shall appear from the canvass that two or more candidates have received an equal and highest number of votes, there shall be drawing of lots of the candidates who have tied and shall proclaim as elected the candidates who may be favored by luck, and the candidates so proclaimed shall have the right to assume office in the same manner as if he/she had been elected by plurality of vote.
Section 31 Election resulting in tie – same rule shall apply.
ARTICLE X
ELECTION PROTEST
Sec. 32. Filing of election protest. Any member who has the right to vote may file an election protest before the Election Committee. Any violation of the provisions of this Code shall be a ground for an election protest.
Sec. 33. Form. Protest filed before the election shall be in writing, stating therein the ground for which the protest is founded, and attaching therein the necessary proof, if any.
However, protest made during the holding of the General Assembly may be made orally.
No protest shall be entertained after the General Assembly.
Sec. 34. Decision and Appeals on the Election Protest. The decision of the Committee on election contests shall be appealable to the BOD within fifteen (15) days from the receipt thereof.
The BOD shall decide the appeal within thirty (30) days from the receipt of the records of the case.
The decision of the BOD shall be appealable to the Cooperative Development Authority within fifteen (15) days from the receipt of the BOD decision.
At the option of any of the parties, however, the case may be submitted for arbitration to a special board composed of five (5) members, one of whom shall come from Cooperative Development Authority, and the other four (4) members to be nominated equally by each of the parties concerned.
ARTICLE XI
FINAL PROVISIONS
Sec. 35. Amendments. Amendments to this Code shall be adopted upon majority vote of the members of the Board of Directors, and ratification by the General Assembly.
Sec. 36. Effectivity. This Code shall take effect upon approval of the Board of Directors and ratification by the General Assembly.