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Tuesday, November 11, 2008
Anti-aerial spray protest ends in fracas
By Annabelle L. Ricalde
CAGAYAN DE ORO CITY -- Fed up over the "snail-paced action" of the appellate court over the anti-aerial spray ordinance, protesters strapped their bodies to the iron door of the Court of Appeals (CA).
Angry anti-aerial protesters chained themselves at the CA's doorway at the YMCA building in Julio Pacana Street Monday.
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The swift action, led by Brian Agrazamendez, surprised security guards and policemen assigned at the CA.
A scuffle ensued between the protesters -- who came all the way from Davao City -- and the security force of the court who tried to disperse them.
The fracas attracted the attention of the public and even disturbed the court proceedings inside the hall. The protesters demanded that Justice Romulo Borja explains why the court still needs more months before it can decide whether the ordinance that banned aerial spraying in banana plantations in Davao city is constitutional or not.
Policeman and security guards, with the help of some CA employees, failed to drive away the upset protesters.
Instead, a clerk of court handed Agrazamendez a copy of the Supreme Court (SC) notice that granted Associate Justice Jane Aurora Lantion's request for six more months before they decide on the fate of the highly contested ordinance.
At that time, Borja was not available because he was still hearing a case inside the hall. The protesters, however, remained firm and refused to unbuckle the chain, vowing to not leave until Borja faces them.
After a few minutes, three policemen from Macabalan Police Station arrived and asked the protesters to be calm. It was only after the protesters were assured by court officials that Borja would face them that they finally "softened" and unlocked the chain.
Justice Elihu Ybañez was also seen yelling at the protesters, ordering them to leave.
"If you want to be heard then, obey the law first! Get out and stay at the other side of the road," shouted Ybañez to the protesters while moving slowly away from the doorway.
But Agrazamendez confronted Ybañez and questioned the CA's delayed decision on the case.
The group was referring to the SC en banc Resolution 07-7-12 issued in December 2007, which says "the trial court, the Court of Appeals, the Sandiganbayan or the Court of Tax Appeals that issued a writ of preliminary injunction against a lower court, board, officer, or quasi-judicial agency shall decide the main case or petition within six months from the issuance of a writ."
Borja, on the other hand, said the protesters "cannot just demand my presence because I have a hearing and democratic recourse does not include illegal act...and what they have done now is illegal."
He admitted that they find the case quite complicated, the reason they requested for a six-month extension as they were not able to finish the necessary court procedures within the six-month period set by the SC.
But the protesters said they have not received the SC decision. The CA, Agrazamendez said, did not even inform them about the granted request even as they inquired about the status of the case last week.
The SC decision was dated August 5. A copy of the decision obtained by Sun.Star Cagayan de Oro indicated that the CA received the decision on September 08.
Last year, the CA issued a temporary restraining order on the decision of the lower court that upheld the validity of the ordinance that banned aerial spraying. The CA decision was followed by the issuance of a writ of preliminary injunction last year.
The Davao City Government and the group of community people who intervened in the case as a third party, appealed the CA decisions. However, all their petitions have been trashed, in favor of the Pilipino Banana Growers and Exporters Association (PBGEA), Davao Fruits Corporation and Lapanday Agricultural Development Corporation.
The Mamamayan Ayaw sa Aerial Spraying (Maas) contested that a resolution on the case should have been granted in July or six months after the preliminary injunction was issued following the SC directive.
"Mura na lang og gago ang among mga opisyal sa Davao nga naghimo ani nga ordinansa pero dili gihapon ma-implement tungod sa gihimo sa CA (Our government officials in Davao appear stupid passing an ordinance which cannot be implemented because of the CA's decision)," Dagohoy Magaway, spokesperson of Maas told reporters. (Sun.Star Cagayan de Oro/Sunnex)
For more Philippine news, visit Sun.Star Cebu. (November 11, 2008 issue)
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