City’s anti-spray ordinance unconstitutional, SC rules

BANANA industry players in Davao Region have lauded the recent Supreme Court (SC) ruling affirming the decision of the Court of Appeals that the Davao City Ordinance No. 0309-07, banning aerial spraying of chemicals as an agricultural practice, is unconstitutional.

Pilipino Banana Growers and Exporters Association (PBGEA), executive director Stephen A. Antig said yesterday in a text message that with the recent ruling, they hope it will put to rest the issue on aerial spraying.

But Antig clarified that as of presstime they have yet to receive a copy of the decision made last Tuesday.

"With the decision maybe we can focus on employment and development of mindanao instead of attacking the practice of an industry that has

contributed a lot to the economy of mindanao and will continue to do so," Antig said.

In a report, the SC said the ordinance is believed to be violating the "equal protection clause in the Constitution since it prohibited aerial spraying regardless of the substance or the level of concentration of the chemicals to be applied and imposed the 30-meter buffer zone in all agricultural lands in Davao City regardless of the size of landholdings."

The ordinance was also deemed to have violated "the due process rights of banana growers."

According to the High Court, three months will be an inadequate time to shift from aerial to truck-mounted boom spraying as this effectively deprives them of efficient means to combat disease. ASP (For full story visit www.sunstar.com.ph/davao/)