Tuesday, March 18, 2008 Spray ban lawsuit worries Bukidnon By Stella A. Estremera
THE case against the aerial spray ban ordinance of Davao City is of special concern to the province of Bukidnon, which fears that its ordinance on the environment will likewise be affected should Davao City lose this case.
In a gathering last Thursday in Malaybalay City, Bukidnon to welcome a caravan of aerial spray ban supporters from Davao City who were to motor up to Cagayan de Oro City, the Diocese of Malaybalay read out a resolution relaying its support for the City Government of Davao and urging the City Government to continue with its court battle against giant banana plantations that are questioning the constitutionality of the aerial spray ban.
The case is being heard at the Court of Appeals in Cagayan de Oro.
The diocese issued the resolution of support during its 38th Pastoral Assembly last February 25. It was read by Fr. Jonathan Tianero in last week's short assembly at Malaybalay's Rizal Park.
"We are concerned that a negation of the City of Davao's legislation banning aerial spraying might also lead to a contest of our provincial legislation of the same nature," the resolution signed by Malaybalay Bishop Renato Ch. Pacana said.
The Malaybalay diocese has 43 parishes covering the province of Bukidnon, Barangay Buda in Davao City, and the town of Wao in Lanao del Sur.
The province of Bukidnon has banned aerial spraying in agricultural plantations since 2001 and Davao patterned its ordinance after that of Bukidnon.
The Pilipino Banana Growers and Exporters Association (PBGEA) is contesting the Davao ordinance.
After the Regional Trial Court in Davao City ruled in favor of the ban, the PBGEA appealed the ruling with the CA.
Fr. Tianero said the Local Government Code has empowered local government units (LGUs) to protect their people and environment and ruling against an ordinance that seeks to protect the health of an LGU's constituents goes against the LGC.
"We laud and support the City Government of Davao and its constituents for taking a bold stand in protecting the health and environment of the Dabawenyos from the ill effects of said injudicious method of pesticide application," the resolution said.
The provincial council of Bukidnon also issued a similar resolution of support, stressing that it has also been working to preserve the environment of the agricultural province that is home to vast livestock farms.
The resolution of support was passed during the Provincial Board's March 5 session and was unanimously approved by PB members present.
A farmers' association in Bukidnon also aired its support during the gathering last Thursday. It said that banana plantations are now expanding in the province.
"Kung kini nabuhat nila sa Syudad sa Dabaw, dili usab kini imposible nga dili mahitabo sa Bukidnon ilabi na kung ang mga tawo mahaylo lamang sa kwarta sama sa trabaho ug income sa gobyerno gikan sa buhis sa mga sagingan (If the banana plantations can challenge an ordinance in Davao, it is possible that they can do this as well in Bukidnon. This is so if people will be enticed by the prospects of money and promises of job generation or higher taxes for government from banana plantations)," read the statement from the Alliance of Landless Farmers and Rural Poor of Bukidnon (Alyansa-Bukidnon).
The Court of Appeals issued an injunction against the aerial spraying ban last January, putting on hold once more its implementation. The ban was approved by the Davao City council last year and has been contested since.
