SC stops field testing of genetically modified eggplants

Government field testing of genetically modified eggplants that produce their own pesticide has been stopped on orders of the Supreme Court (SC).

Justices affirmed a Court of Appeals (CA) ruling in May 2013 stopping the field testing of bacillus thuringiensis (bt) on petition of environmental advocacy group Greenpeace, and unanimously dismissed consolidated petitions of multinational firms and farmers to allow the field trials, propagation and commercialization and importation of the eggplants.

“The Court agreed with the CA on its basic holdings,” read the SC decision. “It reviewed the testimonies presented at the CA of the scientists tapped by petitioners and respondents. From its review, the Court noted that the scientists do not have a consensus on the safety of bt talong and that these divergent views reflect the continuing international debate on Genetically Modified Organisms (GMOs) and the varying degrees of acceptance of GM technology by States, especially in the developed countries.”

Existing regulations of the Department of Agriculture and the Department of Science and Technology are insufficient to guarantee the safety of the environment and the health of the people, the SC added.

The CA is correct in applying the precautionary principle set forth in Rule 20, section 1 of the Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC) that the “over-all safety guarantee of the bt talong” remains unknown, the SC said.

“In the present proceeding, the Court found all three conditions present — uncertainty, the possibility of irreversible harm and the possibility of serious harm,” read the SC decision.

“The Court arrived at this conclusion after assessing the evidence on record as well as the current state of GMO research worldwide.”

The SC also voided DA Administrative Order No. 08 providing rules and regulations for the importation and release into the environment of plants and plant products derived from the use of modern biotechology.

DA Order 08-2002 failed to meet the minimum requirements for safety under Executive Order 514 requiring a more transparent, meaningful and participatory public consultation on the conduct of field trials beyond the posting and publication of notices and information sheets, consultations with some residents and government officials and submission of written comments, the SC said.

“The Court found that petitioners simply followed DAO 08-2002 but no real effort was made to operationalize the principles of the NBF in the conduct of field testing of bt talong,” read the SC decision.

“The failure of DAO 08-2002 to accommodate the NBF means that the DA lacks the mechanisms to mandate applicant to comply with international biosafety protocols.”

The SC temporarily enjoined any application for contained use, field testing, propagation and commercialization and importation of GMOs until a new administrative order is promulgated in accordance with law.

It took judicial notice of the current literature on GMO research.

After a lengthy review of scientific literature, the SC arrived at the conclusion that “in sum, current scientific research indicates that the biotech industry has not sufficiently addressed the uncertainties over the safety of GM foods and crops.”

Associate Justice Martin Villarama Jr. wrote the decision.

In its May 2013 decision, the CA issued a writ of kalikasan directing the Department of Environment and Natural Resources (DENR) and other concerned government agencies to permanently “cease and desist” from further conducting field trials of BT eggplants.

The case reached the SC after the International Service for the Acquisition of Agri-Biotech Applications Inc., Environmental Management Bureau, Crop Life Philippines Inc., University of the Philippines Los Baños Foundation Inc. and University of the Philippines separately sought to reverse the CA ruling.

The SC later consolidated the cases.