Monday, June 11, 2007 Spray ban hearing ends in light note
Judge cautions witness on what can be shown in court as witness raises blouse to show her skin irritations
THE petition for an issuance of a preliminary injunction against the ordinance banning aerial spraying was finally put to rest Friday in a mood so cheerful it sent out everyone in the courtroom smiling, if not laughing.
The light mood was set by Regional Trial Court Judge Renato Fuentes of Branch 17 during the testimony of one witness from the group of interveners who was taking a long time to answer the lawyer.
“Maybe the witness is already hungry,” said Fuentes while addressing Rosita Bacalso, a resident of the village of Sirib in Calinan District.
The comment of Fuentes caused everyone inside the courtroom to laugh, an instance so rare in any courtroom.
Before this, Fuentes also mistook the time when he hinted at rescheduling the hearing to another day because "it is already quarter to twelve.” It was only 10:45 a.m. then.
Bacalso testified that aerial spraying has caused damages to their crops, contaminated their water sources, especially rainwater, and affected their health.
Since aerial spraying was conducted in her village and the nearby villages, Bacalso said, she had been suffering from various skin irritations.
When asked by lawyer Raymond Salas, of the alternative law group Saligan and counsel of the interveners, if she is still suffering from skin irritations, Bacalso did not only answer in the affirmative she went on to show where these are.
“Oo! Dili ko maulaw, naa dinhi (Yes, right here and I'm not ashamed to show it),” she said before pulling down the neck of her blouse down to expose her right shoulder and arms.
Just as quickly, the 54-year-old woman pulled up her top to expose her abdomen.
She also said she had the same itchy patches on her lower body. That was when Judge Fuentes butted in.
“You can show us that (the itchy spots) but not the lower portion,” Fuentes said as the people inside the courtroom yet again broke into laughter.
Also presented Friday was 52-year-old Virginia Cata-ag, another resident of Sirib and one of the interveners of the case.
In her testimony, Cata-ag said her house is surrounded by a banana plantation owned by the Davao Fruits Corporation and that DFC conducts aerial spraying once a week from 7 a.m. to 9 a.m. without notice.
She also said she and her family were directly hit by the substances coming from the spray plane and suffered discomfort and inconvenience every time aerial spraying is done in their area.
Cata-ag also blamed aerial spraying for the death of her son, Jonathan, who became very ill after having been hit by the spray drift several times.
With the testimonies over, it is up to Judge Fuentes to come up with his resolution in this case that he himself described as "high-profile considering those who are involved and the things that are at stake.”
The marathon hearing was part of the petition for a preliminary injunction filed by the Pilipino Banana Growers and Exporters Association (PBGEA) and two of its member companies -- Lapanday Agricultural and Development Corporation and Davao Fruits Corporation -- against the city ordinance banning aerial spraying.
The PBGEA wants the court to stop the implementation of the ban, which will start on June 23.
