DAVAO CITY -- The Court of Appeals (CA) in Cagayan de Oro City declared “invalid and unconstitutional” the ordinance banning aerial spraying in banana plantations in this city.

Voting 4-1, the appellate court trashed the earlier decision of the Regional Trial Court (RTC) Branch 17 in Davao that upheld the aerial spray ban’s validity and constitutionality.

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In its 47-page decision dated January 9 and released Monday, the CA said it is "convinced that the total ban on aerial spraying runs afoul with the equal protection clause because it does not classify which substances are prohibited from being applied aerially even as reasonable distinctions should be made in terms of the hazards, safety, or beneficial effects of liquid substances to the public health, livelihood, and the environment."

It also said that RTC-Branch 17 "committed an error in upholding the validity" of the ordinance "notwithstanding its apparent constitutional infirmities."

The ponente of the case, Justice Jane Aurora C. Lantion, was joined in by majority of the justices, namely: Rodrigo F. Lim Jr., Normandie B. Pizarro, and Michael P. Elbinias.

Presiding Justice Romulo V. Borja dissented, saying: "In any challenge mounted against the constitutionality of a statute or ordinance, the overarching principle is that the acts of the legislature - national or local - enjoy the presumption of validity."

The CA’s decision favored the Philippine Banana Growers and Exporters Association’s (PBGEA) petition to declare as unconstitutional the ordinance because it endangered their business. PBGEA contested that the ordinance was oppressive.

However, the lower court, in upholding its validity, said the City Government of Davao only exercised its inherent police power to protect the people against the risk of getting sick as they are exposed to chemicals and contamination produced by aerial spraying.

Sought for his reaction, City Mayor Rodrigo R. Duterte, who pushed for the ban, only said: "I respect the decision of the court, but I am sad for the people."

Aerial spray planes are expected to fly over this city while the City Government is gearing up to bring the battle to the Supreme Court (SC).

Fight all the way

Though the city has not yet received a copy of the decision, City Legal Officer J. Melchor Quitain said they will just have to allow aerial spraying again, but not forever.

"Kung tayo ang nanalo, the ban will hold. They can now resume aerial spraying operations unless the Supreme Court issues a restraining order. We will include a petition for one in our appeal. But since we are bringing it to the SC, it may take a longer time," Quitain said.

He, however, assured that the City Government is determined to fight all the way to the SC to retain the aerial spray ban.

"We will be filing a motion for reconsideration at the CA and a petition for a review on certiorari with the Supreme Court," Quitain said.

Length of time

Rosita Bacalso, a member of Mamamayan Ayaw Sa Aerial Spraying (Maas), questioned the length of time needed by the justices to come up with a decision that, in the end, will not deliver them justice.

"Naghulat mi og dugay. Nag-antos kami sa dugay nga panahon. Duha na kami kabulan dinhi sa Cagayan de Oro. Daghan kanamo ang wala nanguli niadtong pasko ug bag-ong tuig. Nganong kinahanglan pang muabot sa ingon ani kadugay? Wala ako nakasabot, nangayo pa gyud sila og lugway apan wala man gihapo'y ayo ang ilang desisyon. Nganong gibuhat man ni nila namo (We waited for so long, we suffered for two months here in Cagayan de Oro. Many of us did not go home for Christmas and New Year. Why did they have to drag it for so long? We cannot understand, the justices even asked for an extension when they cannot even come up with a fair decision)," Bacalso said.

She lamented how the justices ignored their basic right to live in a safe and healthy environment in favor of the banana companies.

"Mas gamhanan gyud diay ang kwarta kaysa sa katawhan. Mas aduna gyud ba diay katungod ang kwarta kaysa namong mga kabos? Asa naman ang hustisya ani (Money is indeed more powerful than people. Are we made to understand that money has more rights than poor people? Where is justice here)?" she said while sobbing.

Maas has encamped only about 20 meters from the CA since November 2008 when the appellate court announced an extension period for its justices to decide on the case.

Die-in protest

Maas members staged an hour of "die-in protest" on Monday, paralyzing vehicle movement along the stretch of J. Borja Street in Cagayan de Oro.

The CA decision came while the farmer-protesters were on their fifth day of fasting and silent protest in front of the appellate court.

The protesters said they have been hungry for justice, which has been deprived of them since the CA issued decision that all favored the PBGEA -- the temporary restraining order and writ of preliminary injunction that lapsed in November last year, or six months after it was issued.

The CA, however, asked for an extension that will expire on January 26.

Good news

Meanwhile, members of the multi-million banana industry, including PBGEA, claimed they were surprised by the CA decision.

In a phone interview, PBGEA president Stephen Antig expressed surprise upon hearing the news.

"What decision?" Antig initially asked but was nonetheless happy about the news.

"Kung totoo man, salamat. As they say, the truth will set you free," Antig said.

The PBGEA office in this city has not yet received a copy of the decision.

"It is good news, but until we have a copy of that decision, we will not comment," Beatriz Francia, PBGEA administrator, said in a phone interview.

She added that their lawyers are also trying to confirm the report.

It was learned that a representative of PBGEA is already en route to Cagayan de Oro City to personally receive a copy of the 47-page decision. (BOT/GLP/CPM/Sun.Star Davao/With Sun.Star Cagayan de Oro/Sunnex)