Sunday, September 23, 2007 TRO on aerial spray expires Sunday
NO AERIAL spray plane must fly over the territory of Davao City Sunday, as it marks the expiration of the temporary injunction granted by Regional Trial Court Branch 17 Judge Renato Fuentes on the Aerial Spray Ban.
This as the decision over the constitutionality of the ordinance has not yet been released although the marathon hearings have ended with the court expected to put finality on the matter before Sunday, as the injunction period ends.
The injunction was issued June 20, 2007 granting the Pilipino Banana Growers and Exporters Association's petition for a three-month leeway.
The ruling said the court recognized "the right of petitioner" thus, the need to grant the writ of preliminary injunction prayed for, to prevent possible grave and irreparable damage and injuries if the remedy is not granted.
Fuentes said his decision serves "to ensure the protection of the substantial right and interest of petitioner...in embarking in a vast multifarious investment not only for their material benefit and gain but for the benefit and advantage of the City of Davao as well as in terms of income and employment of the people."
Pro-aerial spray ban groups, on the other hand, is hoping that the court would uphold the validity and the constitutionality of the ordinance.
According to Interface Development Intervention Executive Director Lia Esquillo, they would be very happy if the court would come up with a decision sooner.
"We believe that evidences presented Judge Fuentes were able to see the wisdom behind the contention that the people of Davao must be spared from aerial spraying. With the lifting of the preliminary injunction, we support the City Government's implementation of the ban," Esquillo said. (GLP)
