Dir. Cirila V. Villegas

December 1, 1998 Dir. Cirila V. Villegas Regional Office No. VIII Department of Education, Culture and Sports Government Center, Candahug, Palo, Leyte M a d a m : This refers to your letter dated November 18, 1998, inquiring whether the Certificate of Registration issued by the Cooperative Development Authority to ST. THERESE EDUCATIONAL COOPERATIVE can be accepted in lieu of SEC Certificate of Registration as a requirement for the establishment of a school. In connection therewith, we would like to reiterate the opinion embodied in our previous letter to Mr. Noel M. Siozon dated October 19, 1998 stating that the Commission has no more jurisdiction over " cooperatives ". Under Presidential Decree No. 175, as amended, the registration and regulation of cooperatives were transferred to the Bureau of Cooperatives Development (now the Cooperative Development Authority (CDA) pursuant to Republic Act No. 6938, otherwise known as the Cooperative Code of the Philippines). It is explicit under Article 16 of R.A. No. 6938 that a cooperative formed or organized under said law acquires a juridical personality from the date the Cooperative Development Authority issues a certificate of registration under its official seal . Thus, the Commission, on several occasions, had opined that cooperatives which are registered with the CDA pursuant to the above-mentioned Law need not be registered again with the SEC in order to acquire a juridical personality. Accordingly, the above-named CDA registered cooperative, for purposes of acquiring a juridical personality, need not be registered again with the SEC. As to whether or not said cooperative should be allowed to establish a school, such issue should be resolved by the Department of Education, Culture and Sports. Very truly yours, (SGD.) SONIA M. BALLO Director Corporate and Legal Department