Tuesday, September 11, 2007 Marathon hearings on aerial spray starts By Grace L. Plata
THE real battle over the aerial spray ban issue has begun.
The marathon hearings on the constitutionality of the aerial spray ordinance officially started Monday with the court expected to put finality on the matter before September 23.
It has been almost seven months since the ordinance was signed by Davao City Mayor Rodrigo Duterte, following its controversial run in the City Council that started in the middle of 2006.
The Philippine Banana Growers and Exporters Association (PGBEA) sought the mayor's veto before the ordinance was approved but the mayor signed the measure a day before Agriculture Secretary Arthur Yap was scheduled to visit the city and lobby in behalf of PBGEA.
Pro-ban group Mamamayan Ayaw sa Aerial Spraying (Maas) also announced Monday it will closely watch the court proceedings to ensure that the legislation approved by the City Government will be upheld.
The group launched its new campaign called Bantay Korte (Court Watch) coupled with a number of public actions until Judge Renato Fuentes of the Regional Trial Court Branch 17 will hand down his verdict.
Fuentes, who granted the petition of the Pilipino Banana Growers and Exporters Association (PBGEA) for the issuance of a preliminary injunction against the implementation of the ordinance, earlier said he will come out with the decision before the period of the writ of preliminary injunction ends.
The decision of Fuentes superseded the three-month phase-out period set by the City Government before the ordinance's implementation in June 23.
However, the preliminary injunction, Maas said, only lengthened the phase-out period.
"Dili gyud mi magkompansya (We can never let our guards down) because we know that these banana plantations will attempt to move even the most impossible thing just to win this case. They are moneyed and they are hell bent on using this to win this case, the reason why they sued the City Government in the first place and questioned the ordinance," Maas spokesperson Dagohoy Magaway said in a press conference Monday.
Corazon Sabinada, resident of Sirib that was allegedly affected by aerial spraying, also expressed hope that the court will see to their health and safety.
"Naghinaut mi nga makita sa korte ang among kahimtang. Sa Sirib, gi-ban na niadtong June ang aerial spraying, pero ang among mga panamom naglisud sa pag-recover. Ang among ginakahadlukan nga basi unya ug ibalik na pud nila sa sirib ang aerial spraying. Mag-unsa na lang man mi. Dako ang among paninguha nga makita sa korte ang among kalisud ug mabati nila ang among kahingawa. Dili lalim ang mupuyo sa usa ka lugar nga adunay aerial spraying (We hope the court will see our situation. In Sirib, while indeed aerial spraying has been stopped since June, our plants are still having difficulty recovering from the chemical spray. We don't know what to do if aerial spraying will be allowed again. We are hoping the court will understand the sufferings we have been subjected to. It's not easy to live in a place where there is aerial spraying)," Sabinada added.
Magaway, meanwhile, said that while they are hoping that Fuentes will be coming out with a sound and responsible judgment, they would not be complacent.
As part of their campaign, Maas will conduct a series of activities including an interfaith rally and a big mobilization on the Sept. 12 and 13.
Magaway said if PBGEA will use its money to win the case, the people will use its force to triumph.
