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By William B. Depasupil, Reporter
ALARMED over the health hazards of chemical
spraying, residents of Davao province on Friday filed a petition
before the Supreme Court to ban the aerial spraying of pesticides on
banana plantations near communities.
In a 43-page petition, the residents of Davao
asked the High Tribunal to reverse the preliminary injunction issued
by the Court of Appeals against the implementation of an ordinance
issued by the Davao City council which banned the aerial spraying of
pesticides banana plantations near communities.
Named respondents in the 43-page petition for
certiorari were the appellate court, Pilipino Banana Growers &
Exporters Association, Davao Fruit Corp. and Lapanday Agricultural
and Development Corp.
The petitioners were Wilfredo Mosqueda, Arcelo
Villaganes, Julieta Lawagon, Crispin Alcomendras, Virginia Cata-ag,
Rebecca Saligumba, Florencia Sabandon, Carolina Pilongco and
Ledevina Adalawan.
The appellate court in January28, 2008
granted the writ of preliminary injunction on the enforcement and
implementation of Davao City Ordinance No. 0309-07, Series of 2007,
entitled “An Ordinance Banning Aerial Spraying Practice in All
Agricultural Entities in Davao City.”
In their petition, the residents also asked the
High Tribunal to annul the appellate court ruling, dated May 22,
2008, which denied their motion for reconsideration.
Grave abuse of authority
Petitioners claimed the appellate court
committed grave abuse of discretion when it denied their motion for
reconsideration as “it had placed them in grave danger brought
about by aerial spraying.”
The appellate court ruling, they added, “also
unduly deprived the City of Davao of its constitutionality and
statutorily granted authority and power to promote health and
safety, enhance the right of the people to a balanced ecology, and
preserve the comfort of and convenience of the inhabitants.”
Lawyer Arnold de Vera of the Sentro ng
Alternatibong Lingap Panligal, an alternative law group giving free
legal service to the affected Davao residents, said the injunction
prevented the local government from enforcing the ordinance that was
suppose to take effect March 23, 2007.
“The ordinance enjoys the presumption of
legality. Hence, its continued enforcement cannot and should not be
stopped by injunction,” de Vera said.
De Vera explained a writ of injunction is, in
essence, a protective measure against irreparable injury, but the
owners and operators of banana plantations could not prove to the
appellate court that stopping aerial spraying will cause irreparable
damage to their business.
According to de Vera, the city ordinance does not
prohibit the use of pesticides but the method of using aircraft to
spray the chemicals.
Records showed the banana association in
assailing the ordinance as unconstitutional, filed a civil case
against the city government to stop the implementation of the
ordinance.
On September 22, 2007, the Davao City
Regional Trial Court upheld the constitutionality and validity of
the ordinance. On October 8, 2007, the banana association
elevated the case to the appellate court.
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