BALUDIAN By-Laws

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 8

CONSTITUTION AND BY-LAWS OF THE BALUDIAN FISHERFOLKS

ASSOCIATION
We the BALUDIAN FISHERFOLKS ASSOCIATION from Barangay Balud
Municipality of Capoocan, Leyte. In order to improve our standard of living and enhance the
general welfare. The officers and members of these group organized into an association, do
hereby promulgate this constitution and By-Laws.
ARTICLE I
NAME, ADDRESS AND AREA OF OPERATION OF THE ASSOCIATION

SECTION 1: The name of the association shall be BALUDIAN FISHERFOLKS


ASSOCIATION
SECTION 2: The address of the Association
Main Office: Brgy. Balud Capoocan, Leyte
SECTION 3: The Area of Operation
The area of operation of this Association is in Brgy. Balud of Capoocan and nearby
municipality.

ARTICLE II
OBJECTIVES AND PURPOSE
SECTION 1: The objectives and purpose- the objective and purpose of this association are as
follows.
1. To establish an association that will promote mutual aid and protection to each
members;
2. To promote the moral, social economic well-being of the members;
3. To develop sustainable livelihood through the conduct of activities with aim of
uplifting the economic condition of the members;
4. To provide the members knowledge, skills and equip themselves for an effective and
innovative way of living using the new and effective technology;
5. To work with Non-government and Government Organization or entities in
community organizing and in the promotion and development of the association and
in carrying of government policies.

ARTICLE III
MEMBERSHIP
SECTION 1: Membership- That membership of this association shall be open to all men/women
who are legal of age, with the capacity to operate and manage to wit;
1. Residing and/working in the area of operation.
2. Willing the abide the constitutional By-Laws of the Association
3. Pledge to undertake the responsibilities of a member.
SECTION 2: Application of Membership
1. The application of membership shall be put in writing and subject for
evaluation and approval of the offers.
2. The application shall be accompanied by a membership fee of 200.00 only.
SECTION 3: Membership Association, once acquired, shall be permanent and may be lost on the
following;
1. Membership in subversive organization or more who protest subversive ideas.
2. Habitual absences from meeting where his/her attendance is required, at least
three (3) consecutive absences without being excused.
3. Persons who have been convicted of a crime involving moral turpitude,
4. Payment of registration per members and/or not patronizing each business for
a period of One (1) year or more and onward
5. Failure to comply with the existing rules policies and regulation of the
association as set forth in each constitution and By-Laws or any violations of
the provision thereof.

ARTICLE IV
RIGHTS, DUTIES AND RESPONSIBILITIES OF THE MEMBERS
SECTION 1: Rights of members- every member have the following rights.
a.) Participate in the deliberation during membership meeting
b.) Avail himself/herself of the services of the association without discrimination
condition and requirement thereof
c.) Inspect and examine the books of accounts, the minutes book and others
records of association diving office hours and to exercise other rights and
privileges of members
d.) To exercise the right to vote on all matters relating of the affairs of the
association
e.) To be eligible to any elective or appointive offices of the association and
f.) To avail of 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 this constitutional and By-Laws of the association
and such rules and regulation that it maybe promulgate from time to time
b.) To attend all meetings, trainings and seminars 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 AND EXPULSION OF MEMBERS

SECTION 1: Termination of membership – membership in the association maybe terminated


either by withdrawal or expulsion.
SECTION 2: Withdrawal – Any member desiring to terminate his membership by withdrawal
shall submit a written application to the officers. However, no member shall be allowed to
withdraw or terminate his membership during any period in which she/he has pending obligation
with the association.
SECTION 3: Expulsion- A member will be terminated by the officers for any following cause:
1. When a member has not patronized the services of the association for
unreasonable period of time as maybe fixed by the officers
2. When a member has continuously failed to comply his obligations
3. When a member has acted in violation of the laws

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 for a cause
b.) To clear and pass upon the report of the officers
c.) To take final decisions regarding any drastic change in financial policies
subject to legal restrictions;
d.) To exercise final authority on all matters vitality affecting the association
e.) To approved development plans of the association
f.) To exercise all power expressly provided by constitutional and By-Laws
SECTION 3: Annual General Assembly- The Annual General Assembly should held on the
week and monthly meeting of every 3rd Saturday of the month at the operation and at such time
as the officers may designate.
SECTION 4: Special General Assembly – A special General Assembly may be called at any
time by a majority vote of the officers to consider urgent matters requiring immediate
membership decision. A special general assembly shall be called by the officers within 30 days
from receipt of a written request.
SECTION 5: Noticed of General Assembly – Written notice of all meetings shall be served by
the secretary through urgent, upon each member or thru information board at least one week
prior to the general assembly.
The notice of general assembly shall be accompanied by the agenda, minutes of most recent
assembly meeting, and consolidated reports of the officers with financial statements. Proposed
intelligent decision during the general assembly.
SECTION 6: Calendar Year – The Calendar Year of the Association shall commence of the first
day of January and end of the last day of December.
SECTION 7: Agenda – As far practicable, the order of business annual meeting shall be;
a.) Roll Call
b.) Proof of due notice
c.) Consideration of minutes of the last general meeting
d.) Consideration of the consolidated report of officers, board of directors and
committees including statements of financial condition and operation
e.) Unfinished business
f.) Election of officers and committee members
g.) Other matters and
h.) Adjournment
SECTION 8: Quorum at the Membership Assembly – As the annual or special general assembly,
fifty percent (50%) plus one (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 the general
assembly of the association. No member 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 and
reflect the decision of membership.
SECTION 10: Officers and Members – The business of association shall be administered by the
officers.
SECTION 11: Qualification and Disqualification of Officers – All members entitled to vote, who
have time and willingness to serve are qualified to be voted as officers, except voted upon the
position officers or to continue as such;
a.) Holding any elective position in the government
b.) Having conflicting interest with the business
c.) Having absent for three consecutive officers meeting without being excused;
d.) Be in full time employee of the association
e.) Having been convicted of any crime involving moral turpitude, gross
negligence for gross misconduct in the performance of his duties if found
culpable on any administrative case involving such defense;
f.) Facing as respondents for defending on administrative proceedings or
civil/criminal suits involving financial and/or property accountability and;
g.) Having been disqualified pursuant to disqualification prescribes by law.
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 two (2) years unless
earlier removed for a cause, or have resigned or become incapacitated due to illness or death, and
until their successors have been elected qualified and have discharged the duties of the office,
provided that during the election at the first annual general assembly after registration, one half
plus one of the officers obtaining the highest number of votes shall serve for two (2) years.
Provided that no officers shall serve for more than three (3) consecutive terms.
SECTION 13: Quorum of Officers meeting – One half 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, in
capacity, 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 or special meeting called 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 the office by vote of two third (2/3) of the members
entitled to vote, present constituting a quorum at the annual or special general assembly called
for a purpose after having given the opportunity to be heard at the said assembly.
SECTION 16: Power and Duties of the Officers –The officers as a body have general
supervision and control of the affairs of the association. It shall prescribe policies consistent with
the law, this by-law and the resolutions of the general assembly for the management of its
business and guidance of its members and employees.
SECTION 17: Duties and Responsibilities
Chairman/President
a.) President overall meetings of the association and of the officers
meeting;
b.) Performed any and all acts and duties usually performed by a presiding
officers;
c.) Sign all communications, revolving fund certificates, contracts and
such other papers of the association which the officers may authorize
or direct him to sign; and
d.) Perform such other duties as the officers may prescribe.

Vice-Chairman/Vice-President
In the absence or disability of the Chairman/President, the Vice-Chairman/ Vice-
President shall perform the duties of the Chairman/President. Provided, however the in the case
of death, resignation or removal of the Chairman/President the officers may decide to elect his
successors, in addition the Vice-Chairman/Vice-President shall serve as the Training Officer of
Association.

Treasurer –The Treasurer shall have the following duties:


a.) Take custody of all monies, securities and papers of the association;
b.) Keep a complete record of each cash transactions for the establishment
of his/her cash positions at any time and date
c.) 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 reports submitted to the officers to the general assembly;
d.) Turn over all monies, securities, papers and other properties belonging
to the association that he may have in his position upon election of his
successor;
e.) Perform of the duties of the secretary in the latter absence or inability
to perform his duties.

Secretary –Secretary have the following duties:


a.) Keep complete list of all members and maintain correct record of all
meetings of the officers and the general assembly;
b.) Give notice to all meetings called;
c.) Keep and maintain in the record book and serve as custodian of the
seal or the association;
d.) Turn over to his/her successors all books and other properties in
his/her position belonging to the association; and
e.) Perform the duties of the treasurer in case of the latter absence or
inability to perform his duties
Auditor
Conduct audit on income and expenses and inventory of properties of the
association.

P.I.O. (Public Information Officer)


a.) Act as the courier of the messages/notices to all members;
b.) Inform the members and general public as the activities of the
association

BOD (Board of Directors)


Oversight of the association’s by-laws and the resolutions of the general
assembly for the management of its business and guidance of its members and
employees.

ARTICLE VII
CAPITAL STRUCTURE
SECTION 1: Source of Fund – the association shall derive the funds from:
1. Registration of membership (P 200.00/member)
2. Contribution
3. Fund raising activity

ARTICLE VIII
OPERATION
SECTION 1: The association shall occur the production inputs and supplies of product and
savings 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 2: All members shall process products and have savings as the requirements from the
association
SECTION 3: All members shall execute a marketing and/or service agreement with the
association. The later shall market the product of the members and/or provide the needed
services in the usual custody manner or any manner it may see fit under the circumstances,
having in mind the interest and welfare of the members.

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 By-Laws maybe 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 all the members of the associations.
ADOPTED AND RATIFIED this __ day of ___ at Brgy. Balud Capoocan Leyte, with the list
of members together with their signatures, who ratified the same as appearing below.
ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES


_____________________________) S.S

BEFORE me, a NOTARY PUBLIC for and in this day of ________________________,


2023, personally appeared before me;

NAME CTC No. Date/Place Issued

ERNIE P. MONTECILLO
ELIZABETH CERA
LORNA R. PACAANAS
EDITHA M. DELOS SANTOS
ALICIA B. DADULLA
EVELYN SALDANA
EMILY DELA CRUZ
RONALD BRAZIL
REUBEN HALLERA
ANTONIETTO IGNACIO
GIRLIE DELOS SANTOS
RAL O. PENARANDA
TERESA BALQUIN
GRACE DELA CRUZ
ROSENDA D. PINGAL
JINKY D. CINCO
SAMUEL BALDONADO
FLORANTE FAUSTINO
AMPARO ENCARNACION

Known to me to be the same persons who executed the foregoing instrument consisting of
twelve(12) pages, including this page wherein this acknowledgement is written, signed the
parties and their instrumental witnesses, which instrument they acknowledge to be their free and
voluntary act and deed, as well as that of the juridical persons which they represent.

IN WITNESS WHEREOF, I have hereunto affixed my notary seal and signature this
_________________ day of _____ 2023 at ___________________________.

Doc. No. __________


Page No. __________
Book No. ___________
Series of 2023

You might also like