Wednesday, May 23, 2007 City, banana growers slug it out in court vs spray ban By Carlo P. Mallo
ALMOST unheard and unseen is the court battle now raging between the City Government and the Pilipino Banana Growers and Exporters Association (PBGEA) over the legality of the aerial spray ban imposed by the city, and which will soon become effective.
This was after the two parties failed to reach an amicable settlement during the grace period accorded by the court.
PBGEA president Stephen Antig took exception to a headline of Sun.Star Davao last May 12 entitled "PBGEA to defy ban on aerial spraying" wherein it was stated "they are willing to face any sanctions because they cannot abide by the ban on June 23."
"I wish to state for the record that neither I, nor anyone from PBGEA even made such statement. In fact, I only stressed that even if we had no constitutional objections, the banana plantations in Davao City will not be in a position to comply with the ban on aerial spraying since the three-month period is not enough for the banana plantations to shift to truck mounted spraying," Antig wrote in a letter addressed to Sun.Star Davao editor-in-chief Stella A. Estremera dated May 21.
This reporter (Carlo Mallo), however, stands by his report saying he even asked if PGBEA was willing to face any sanctions, to which Antig answered in the affirmative since it is not feasible for them to stop aerial spraying by June 23.
In a separate joint statement of the City Government and the PBGEA issued last Monday, both parties said "despite the earnest efforts of the parties, however, and after an exhaustive discussion on the various issues, the parties have failed to reach any mutually acceptable solution."
It added that the City Government of Davao, through its city legal counsel, manifested that the total ban on aerial spraying was non-negotiable.
However, it also expressed that it was willing to discuss the possibility of extending the grace period for the imposition of the said ban. To which the PBGEA manifested that a total ban, as currently mandated by the legislated ordinance, was not workable and acceptable.
PBGEA tried to persuade the legal counsel of the city to explore other ways of addressing the alleged concerns raised during the promulgation of the ordinance aside from the aerial spray ban imposed, but to no avail.
The legal counsel of the city merely reiterated the non-negotiability of the total aerial spray ban.
In the end, both parties agreed to seek a judicial solution to the instant legal controversy.
Melchor Quitain, city legal officer, refused interviews from the media stating that both parties have agreed not to entertain any media interview until their next hearing slated on May 28.
The document obtained by Sun.Star Davao was signed by Quitain for the City Government of Davao, and PBGEA lawyer John Jerico Balisnomo of the VIllaraza & Angangco Law Offices.
