Wednesday, November 12, 2008 Anti-aerial spray protesters set up camp at CA By Annabelle L. Ricalde
AERIAL spray opponents set up tents near the Court of Appeals (CA) building after they chained themselves at the court's doorway in Cagayan de Oro Monday.
"Magpabilin mi dinhi hangtod madala namo pagpauli ang desisyon sa CA, ug wala mi mabalaka sa among pagkaon kay daghan among bugas (We will stay here until we get the court's decision, and we are not worried because we have plenty of rice supply)," said 72-year-old Corazon Sabinada, referring to Davao City's spray ban ordinance whose constitutionality the appellate court has yet to rule on.
Sabinada, a member of the anti-spraying ban advocacy group Mamayang Ayaw sa Aerial Spraying (Maas), said they don't care whether the CA would favor them or not. What they are after, she said, is a resolution on the case.
Sabinada and 23 other members of Maas, however, were granted one request they didn't get when they chained themselves at the CA doorway Monday -- CA Justice Romulo Borja faced them and advised them to be patient.
The case is "quite complicated," said Justice Borja, adding they needed all the time they can get to issue a fair ruling.
But for 55-year-old Rosita Bacalso, who said she once suffered rashes in her body due to the chemicals showered from aerial spraying, any further delay in the case "means more suffering."
Maas members like Bacalso and Sabinada are Davao City residents living near banana plantations whose aerial spraying practices they blame for the illnesses and other health-damaging effects they allegedly suffer.
They dubbed their camp as Kalampag, or Kamp Alang sa Luwas ug Makinaiyahong Pag-uma, which is about 50 meters only away from the CA building in Barangay Puntod.
Maas members said they are growing impatient with the way the CA justices are handling their case, citing a Supreme Court (SC) rule that mandates lower courts to resolve main cases or petitions within six months.
Following that rule, CA should have decided on the constitutionality of the aerial spraying ban ordinance in July this year, said Lia Jasmin Esquillo, executive director of Interface Development Interventions Inc. (Idis), a non-government organization (NGO).
While it was quick to grant a temporary restraining order (TRO) and a writ of preliminary injunction in favor of the banana growers, the CA seems to be "dragging" the decision of the case, Esquillo said.
The appellate court in January this year issued writ of preliminary injunction (WPI) on the decision of the lower court upholding the validity of the ordinance.
"July 28 came and went with nary a whimper from the Court of Appeals. Despite three Motions for Urgent Resolution filed by the community interveners urging the CA to abide by the Supreme Court Resolution and to immediately resolve the case considering the grave consequences on people and environment, CA to date still has not yet decided on the case," Esquillo said in a statement sent to Sun.Star Cagayan de Oro.
She added: "This is a stark contrast to their swift granting of a temporary restraining order and WPI to plantation companies on grounds that upholding the ordinance will result to the destruction of many Cavendish bananas."
