Wednesday, June 06, 2007 2 witnesses bat for spraying ban By Rhodamae M. Hernandez
TWO community residents took the witness stand Tuesday to support Davao City's ban on aerial spraying of chemicals on plantations during the first of the two hearings on the case.
Regional Trial Court Branch 17 Judge Renato Fuentes granted the motion to intervene by 12 more community residents who have volunteered to take the witness stand for the ban to be implemented.
With the motion to intervene granted, Judge Fuentes is giving the 12 interveners two days to present their side in addition to the two days already granted to the city.
Those who took the witness stand Tuesday were Dagohoy Magaway, a resident of Barangay Balingaeng in Tugbok District, Davao City, and Cecilia Moran, a resident of Barangay Dacudao in Calinan district, also this city.
The two witnesses, who were assisted by their legal counsel city legal officer Melchor V. Quitain, are residing meters away from where aerial spraying is practiced.
Moran said she has been living in Dacudao since birth and that there was even a time when she fainted because of the fumes from pesticides used in aerial spraying of the Davao Fruits Corporation.
She also said that she was diagnosed to have minimal tuberculosis, which could have been triggered by exposure to chemicals fumes.
The other witness, Magaway, said he is residing in a place adjacent to Barangay Subasta in Calinan where a plantation of Davao Fruits Corporation was located.
Magaway is a vocal leader of the Mamamayan Ayaw sa Aerial Spraying (Maas).
He earns a living delivering rice cakes (puto) to a cooperative in Subasta everyday and he would often feel itchiness and skin irritation, which he blames on the chemicals.
There was one time, said Magaway, when he had to stop his motorcycle because of the sting of the chemical that hit his eyes.
He said he was the one who took photos of an airplane spraying the chemicals between 6 to 7 a.m. while children were walking on the road under it.
He added that the road the children were walking on is the only road connecting their village to Subasta, thus everyone who goes to Subasta risks being sprayed on.
Meanwhile, Judge Fuentes said he ruled to grant the motion to intervene by 12 residents around banana plantations in the city because he found the motion "legally meritorious."
But he said the other groups who want to intervene can just support the 12, but can no longer take the stand.
"Ah, hindi na (Not anymore). I will no longer allow. The interveners that I have granted was already represented by a big segment of the community and kung mag-allow pa ako (if I will still allow), it will just complicate the matters and the proceedings," Fuentes said.
Fuentes also added that he will give another two days for the intervener to present their side.
"Maybe two days will do. We should also hear their sides. And after, we will resolve the case based on evidences presented by the party," Fuentes said.
He said he allowed a marathon hearing for both sides to speed up the disposition of this high profile case.
"I can say that it is a high profile case kasi (because) it involves big company and involves the City Government. Though malalaki naman lahat ng cases (all cases are high profile) but this involves a lot of people," Fuentes told Sun.Star.
The motion to intervene was signed by Wilfredo Mosqueda, Marcelo Villaganes, Crispin Alcomendras, Corazon Sabinada, Geraldine Catalan, Julieta Lawagon, Rebecca Saligumba, Florencia Sabandon, Carolina Pilongo, Alejandra Bentoy, Ledevina Adlawan, and Virgenia Cata-ag, all residents of Toril, Calinan and Buhangin districts.
