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Friday, June 22, 2007
Court stops ban on aerial spray of pesticides
By Grace L. Plata
DAVAO CITY -- A local court here granted the petition of an association of banana growers for a temporary halt to the implementation of the ban on aerial spraying of pesticides in plantations.
Regional Trial Court Branch 17 Judge Renato Fuentes granted the appeal of the Pilipino Banana Growers and Exporters Association for temporary injunction to the Davao City ordinance mandating a stop to the aerial spray method effective June 23.
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In a decision dated June 20, which was made public only Thursday, Fuentes gave in to the association's petition for a three-month leeway.
The association questioned the City Government's power to pass such a measure and cited difficulties in shifting to the ground spraying of pesticides during the three-month phase out period prescribed by the ordinance.
The ruling said the court recognized "the right of petitioner," thus there is a 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."
A preliminary injunction is a preservative order aimed at stopping a particular action before a final order is issued.
Disappointed
Pro-aerial spray ban advocates expressed disappointment over the court's decision to grant the association's petition, saying the agony of the people has just been prolonged for three more months.
The ban on aerial spray was prompted by complaint from Davao City residents on the adverse effects of aerial spraying to their health and the environment.
"For 90 more days, we will be bathing in chemicals being used in aerial spraying. This also means that our children and the rest of the people residing close and within these banana plantations will be tailed by gradual and painful death---all because of corporate greed," Dagohoy Magaway, spokesperson of the Mamamayan Ayaw sa Aerial Spraying (Maas) coalition said.
The decision supersedes the three-month phase-out period set by the City Council when it approved the ordinance. If the city ordinance were to be followed, no aerial spray planes would be flying over banana plantations starting June 23.
The injunction on the ban expires September 23.
For Magaway's group, the decision of Fuentes only exposes them some more to the danger spawned by aerial spraying.
Difficulties
The banana growers asked the court to issue a preliminary injunction citing financial and technical difficulties in complying with the shift from aerial spraying to ground spraying.
During the marathon hearings recently, a witness of the growers said they would need more than P400 million to do the shift.
Maas said this attitude just shows how the growers' federation is being protective of its resources and not of the people and the environment, which is part of its corporate-social responsibility.
The federation also questioned the constitutionality of the ordinance, which corporate officials say is oppressive.
But environmentalists hurled back at the companies that at any angle, aerial spraying is oppressive.
"That the chemicals used in aerial spraying is harmful to the people and the environment has already been recognized but the conscious denial and greed of the banana companies continues to expose the people to risk," Magaway said.
These moves, Magaway added, only prove the corporate greed that has consumed the banana growers and this was the main reason why the implementation of the ordinance suffered a snag.
"What these banana companies desire is to fatten their coffers and while they do so, the hapless people victimized by this desire and greediness could only wait for their coffins," Magaway said.
Sad but hopeful
City Councilor Leonardo Avila III, chair of the committee on environment and natural resources, said he hopes the matter will be resolved amicably in the end.
Avila and outgoing Councilor Nenita Orcullo were the proponents of the aerial spray ordinance.
"I respect the judicial process being undertaken and am still hopeful that the final outcome is favorable to the people of Davao City," Avila said, adding quickly that the positive side of it is that within three months, the court will decide on the constitutionality of the ordinance.
Interface Development Interventions (Idis) executive director Lia Jasmin Esquillo, whose group also pushed for the passage of the aerial spray ban measure, echoed the same sentiment.
"In a way, the injunction is favorable. The court could have said one year or an indefinite date until matapos ang case (the case is finished), which could take a long time. It is just that from the perspective of the community, continue pa rin exposure nila na sana matapos na (hopefully will be finished) by this Saturday," Esquillo said. (Sun.Star Davao/Sunnex)
For more Philippine news, visit Sun.Star Cagayan de Oro. (June 22, 2007 issue)
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