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Thursday, January 31, 2008
CA issues injunction on city spray ban
By Carlo P. Mallo and Stella A. Estremera
DAVAO CITY -- The Court of Appeals in Cagayan de Oro City has issued a writ of preliminary injunction on the implementation of the controversial Aerial Spray Ban Ordinance in Davao City.
The order generated a collective sigh of relief among Pilipino Banana Growers and Exporters Association (PBGEA) members but fired up once more groups who are pushing for its implementation.
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Davao City Mayor Rodrigo R. Duterte expressed helplessness over the court's decision, saying he will have to follow the rule of law.
In a statement, PBGEA spokesperson Anthony Sasin said the move of the Court of Appeals (CA) was a welcome development for the banana industry.
Especially at this time when the entire banana industry is "reeling from the effects of the devaluation of the dollar," the statement said.
In its decision promulgated last January 28, the CA said: "We are convinced that the appellants (PBGEA) prima facie established that they have an evident right to be protected."
The appellate court cited the position paper of the Department of Trade and Industry (DTI) which said that "aerial spraying is an internationally accepted Good Agricultural Practice" and that "the lead agencies of the government such as the Fertilizer and Pesticides Authority and the Department of Health show that such practice is safe and cannot harm the environment and that sickness and deaths in barangays near plantations are not tied up to the chemicals used in aerial spraying."
"The apparent unconstitutionality of the (Aerial Spray Ban) Ordinance, albeit inconclusive, gives us reason to grant the application for the issuance of the writ of preliminary injunction," the writ stated.
However, the court said in its decision that such injunction is only temporary in nature and that it only aims to preserve the status quo until the merits of the case can be heard fully.
The decision also said the PBGEA must post an additional P4 million surety bond, in addition to the P1 million bond it has posted when the CA granted a temporary restraining order.
On the other hand, PBGEA said the decision of the appellate court to grant the association's prayer for a writ of preliminary injunction will go a long way in providing relief to all those who depend on the banana industry for their livelihood.
"We reiterate our commitment to the safe and controlled use of airplanes in the application of agricultural inputs so that the communities near banana plantations will not be affected," the statement of PBGEA said.
Lia Jasmin Esquillo, executive director of the Interface Development Interventions Inc. (Idis), said the interveners to the case would be filing a motion for reconsideration on this decision.
She added that the issuance of the writ is but a temporary setback that does not dampen their determination to ensure that the ban is implemented.
"Apparently the preliminary injunction does not look at the right of the people to a good health and healthy environment. This just goes to show that this is really a decision of profit versus people," Esquillo told Sun.Star Davao.
She added they have foreseen a long court battle and they have long prepared for this.
"We are in this for the long haul, we see this reaching even the Supreme Court, but we will not stop. Hindi dapat kino-compromise ang kapakanan ng mga tao (the people's welfare should not be compromised)," she said.
In last Tuesday's live program of Pastor Apollo C. Quiboloy's Give us This Day, Duterte said he would have "wanted to do something drastic" to ensure that the local ordinance is implemented, except that the case is now in court, and thus the city cannot do anything but follow the order.
"So in the meantime that they are granted by the courts because of the injunction, we can do nothing. We cannot meet head on the judicial pronouncement because the law is the law. And wala (no), we just have to. The court is supreme pagka may kontrobersiya na eh (if there is controversy). So wala talaga tayong magawa (there is nothing we can do) except to wait and pray that people having to do with the case would be guided by wisdom," he said. (Sun.Star Davao/Sunnex)For more Philippine news, visit Sun.Star Iloilo. (January 31, 2008 issue)
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