High court pressed for ban on aerial spraying in Davao

The Supreme Court has been asked to put a stop to aerial spraying of pesticides and fungicides in banana plantations in Davao City.

A group of residents and Davao farmers led by lawyer Arnold de Vera urged the high tribunal to uphold an ordinance Davao City passed in 2007 that prohibited the use of aerial spraying in farms and plantations in the city.

The group also requested the Court of Appeals to rethink its decision that voided Davao City Ordinance 0309-07 for being unconstitutional.

Invoking their fundamental right to life, members of De Vera’s group complained that aerial spraying has caused damage and posed danger to the health of residents of communities around the banana plantations.

The group argued that the cost of aerial spraying in banana plantations of big companies far outweighs the benefits.

It rejected the argument of plantation owners that pest attacks—if not prevented by aerial spraying of pesticides and fungicides—could lead to bankruptcy and loss of jobs.

It said that the right of the residents to live in a hazard-free environment is paramount to the business interest of the farm-plantation owners.

Other groups like the National Task Force Against Aerial Spraying joined the farmers and Davao residents in filing the case at the high court.

“We are certain that the highest tribunal will see clearly that aerial spraying of pesticide on unwitting victims, an issue upon which it will pass its judgment, is simply based on a basic constitutional right which is the right to life and the power of government to mandatorily protect it,” said Rene Pineda of the group.

Alfredo Calud, a farmer from Calinan, Davao City, said they were fighting for their life that aerial spraying has gravely affected.

Calud is among the members of the Mamamayan Ayaw sa Aerial Spraying from Compostela Valley, Davao del Norte, Davao del Sur and Davao City who have come to Manila to bring their appeal for support to the ban on aerial spraying.

In March 2007, the city council passed Ordinance 0309-07, a local law that sought to prohibit companies from spraying fungicides over banana plants in 1,800 hectares out of the total 5,000 hectares of plantations in the city.

But PBGEA, an association of 18 banana corporations, led by Davao Fruits Corp. and Lapanday Agricultural & Development Corp., filed a civil case in September 2007 at the Regional Trial Court Branch 17 of Davao City questioning the constitutionality of the ordinance.

On Sept. 22, 2007, Judge Renato Fuentes of the RTC Branch 17 of Davao City ruled against the banana growers, who promptly elevated the case to the 22nd Division of the Court of Appeals based in Cagayan de Oro City.

In January, the appellate court declared the city ordinance unconstitutional. The Davao City government filed an appeal last February, but the CA affirmed its ruling and junked the motion for reconsideration in a resolution last Aug. 7. –Rey E. Requejo, Manila Standard Today