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Tuesday, September 25, 2007
Banana growers group insists aerial spray ban unconstitutional
By Grace L. Plata and Carlo P. Mallo
DAVAO CITY -- The Pilipino Banana Growers and Exporters Association (PBGEA) is not about to give up on its fight against the Davao City ordinance banning aerial spraying as it vowed to raise the case to the Court of Appeals (CA)"as soon as possible."
The association's plan came after Regional Trial Court Branch 17 Judge Renato Fuentes junked the case it filed against the city, questioning the constitutionality of the ban on aerial pesticide spray.
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"We respect the decision of the court although we do not agree with it. We have strong grounds to raise before the CA and we will do it as soon as possible," the PBGEA said in statement sent to Sun.Star through fax Monday.
Judge Fuentes ruled in favor of the city's ban last Saturday, one day before the three-month temporary restraining order (TRO) on the three-month grace period provided by the law to phase out aerial spraying expired.
Fuentes even lauded the City Government's move to pass the ordinance and cited how the witnesses of PBGEA failed to support the contention that the ordinance was unconstitutional.
Instead, the witnesses presented by the petitioner, the judge said, provided only general observations and obscure presentations "not convincing to establish the fact on issue."
The defense's expert witness, Lynn Crisanta Panganiban, clearly presented her "thesis that all fungicide are poisonous and an outright danger to the health and safety of human beings and the environment."
This contention is given even more credibility by the testimonies of the residents who attested to the ill effects aerial spray had on them and their farmlands.
"They are simple people whose actual situation and happenings on the incident of aerial spraying were open and exposed to the court such that the evidence derived from their testimonies are not theories, not projection of possible experiment and philosophy but reflection of their own simple lives, gravely affected by a concerted problem, confronting them in their everyday existence," Fuentes ruled.
Fuentes then pointed out that the City Government has police power, as provided by the Local Government Code, which it invoked "to prescribe regulations, promote health, morals, education, good orders, and safety for the general welfare of the people."
"The exercise of police power is productive of a constitutional principle of social justice," Fuentes said. He cited Section 15, Article II of the 1987 Philippine Constitution that states: "The state shall provide social justice in all forces of national development, along with said declaration, the state shall protect and provide the right to health of the people and instill health consciousness among them."
Therefore, Fuentes ruled, the ban is constitutional.
But, the PBGEA remains unconvinced though.
"The plantations are in Davao City. Our workers live in Davao City. The co-dependent and inter-dependent industries supported by the banana industry are all to the benefit of Davao City. The plantations are all for the inhabitants of Davao City that we saw it fit to question the ordinance because we believe it is unreasonable and invalid," stated PBGEA.
The PBGEA said it is not easy to go against the City Government but insists it is merely claiming its right under law with the belief in the justness of its cause.
"We are aware of the possibility of an adverse decision," stated PBGEA who with its lawyers has been preparing for the eventuality of the court deciding in favor of the city.
The group, however, said it had hoped that the trial court would sustain its stand.
PBGEA is composed of the country's 16 largest banana companies, namely: Sumifru Philippines, Incorporated, AMS Group of Companies, Alip River Development and Export Corporation, ANFLO Group of Companies, Del Monte Fresh Produce-Philippines, Inc., Diamond Farms, Inc., Dizon Group of Companies, Hijo Resources Corporation, La Frutera, Incorporated, Lapanday Foods Corporation, Marsman-Drysdale Group of Companies, Nader and Ebrahim S/O Hassan Philippines, Incorporated, Sarangani Agricultural Company, Incorporated, Nova Vista Management and Development Corporation, Stanfilco (A Dvision of Dole Philippines), and Tristar Group of Banana Companies.
The PBGEA admitted the decision caught the group by surprise although it had been anticipating such.
"The decision was received in our office at 2:19 p.m. last Saturday by our administrative assistant," PBGEA administrator Beatriz Francia told Sun.Star Monday.
"We were expecting it today (Monday), as the court staff said that there was no decision yet last Friday," Francia said.
In an interview with Antig on Sunday morning, before news of the court's ruling reached him, he said that should the court rule in favor of the ban, they would have to consult their lawyers for the next course of action. (Sun.Star Davao/Sunnex)
For more Philippine news, visit Sun.Star Baguio. (September 25, 2007 issue)
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