Importation of genetically modified rice variety OK’d

MANILA, Philippines – The Court of Appeals (CA) has given the government clearance to allow the importation of Liberty Link Rice 62 (LLRice62), an allegedly genetically modified rice variety.

The fourth division of the appellate court reversed the temporary restraining order issued by the Quezon City Regional Trial Court (RTC) prohibiting the Department of Agriculture (DA) and the Bureau of Plant Industry (BPI) from allowing Bayer Crop Science Inc. to import the rice variety for food, feeds and processing.

In a 21-page decision penned by Associate Justice Vicente Veloso, the CA granted the consolidated petitions filed by BPI and Bayer seeking the nullification of the Sept. 18, 2007 order issued by Judge Evangeline Castillo-Marigomen, of Quezon City RTC Branch 101.

The CA ruled that the trial court erred in ruling that LLRice62 is dangerous to health and the environment. The court said such findings would have to be verified by the proper agencies.

It said the trial court “merely parroted” the allegations of the petitioner, environmental group Greenpeace, when it issued the injunction.

“Nowhere in the assailed order did the trial court point out or elaborate on the alluded ‘sampling of petitioners’ evidence.’

“This Court is therefore is constrained to remind the court below that an injunction, being a limitation upon the freedom of action of the defendant should not be granted lightly or precipitately. It should be granted only when there is enough basis to conclude that the law permits it and the emergency demands it,” the CA said.

Associate Justices Andres B. Reyes Jr. and Marlene Gonzales-Sison concurred in the decision.

Greenpeance had filed a petition for preliminary injunction before the RTC to prevent the DA and the BPI from granting the application of Bayer to import LLRice62, which is allegedly genetically modified to withstand high doses of glufosinate, an herbicide sprayed on rice fields to kill a wide range of weeds.

Greenpeace, led by Von Hernandez, said consumption and use of the rice variety is dangerous to health and the environment.

The appellate court said the environment group failed to present evidence of their claim.

“Verily, Von Hernandez, et al have failed to prove any right to entitle them to the issuance of a writ of injunction.”

The CA also did not give credence to the group’s claim that their right to information was violated because BPI and DA refused to give them information about Bayer’s application.

The appellate court noted that the petitioners admitted being able to submit a letter opposing Bayer’s application, and receiving a response from the DA informing it that Bayer’s application “is still under process.”

“Since, however, the private respondents were able to register their opposition and elicit some information from BPI and DA, we therefore see no merit in their argument that they are being denied or are threatened to be denied adequate ‘participatory’ processes or that their right to information has been impaired or is threatened of being impaired,” the CA said.  –Edu Punay (The Philippine Star)