Aerial spraying in plantations revived, but under close watch
DAVAO CITY — The city council's committee on environment is eyeing the passage of a resolution that will regulate aerial spraying in the city’s agricultural plantations following the recent Supreme Court (SC) decision junking the ban imposed in 2007.
“I haven’t received a copy of the ( SC) decision, but we don't have a choice if the SC has decided. It is proper for the city to file a motion for reconsideration, but if it is already en banc, then we go back to square one,” Councilor Diosdado A. Mahipus, chair of the environment committee, told reporters after the council's weekly session.
In an Aug. 16 decision, the country's highest court upheld an earlier Court of Appeals (CA) decision declaring the city’s Ordinance No. 0309-07 “unconstitutional.”
The ordinance, titled “Ordinance Banning Aerial Spraying as an Agricultural Practice in All Agricultural Activities by All Agricultural Entities in Davao City,” was approved by then mayor — now President — Rodrigo R. Duterte on Feb. 9, 2007 and implemented by March that year.
Mr. Mahipus said regulating the agricultural practice is now the “better” option because “we can’t ban something that is not inherently illegal.”
“We will revisit the ordinance and convert to regulatory than prohibitory. We can regulate the schedule of spraying because they cannot do that anytime within the day. The goal is to ensure that it does not endanger the health and safety of people so they also have to issue a notice to people before the scheduled spraying,” he said.
The Pilipino Banana Growers and Exporters Association, Inc. ( PBGEA) challenged the ordinance before the regional trial court, which ruled in favor of the city government.
PBGEA elevated the issue before the CA, which reversed the decision of the trial court and cited the ordinance as “void and unconstitutional” for being unreasonable and oppressive and violative of the equal protection clause.
In its decision, the SC said Davao City’s anti-aerial spraying ordinance disregarded the existing regulation set by the Fertilizer and Pesticides Authority, which has listed safe pesticides and agricultural chemicals regardless of the application method.
PBGEA executive director Stephen A. Antig welcomed the SC decision saying: “We hope we can all move on and focus on the economy of Mindanao and how we can create more employment in Mindanao.”
He added that the SC decision should now put to rest the issue on aerial spraying.
The nongovernment group Mamamayang Ayaw sa Aerial Spraying (MAAS), meanwhile, is currently drafting a motion for reconsideration on the SC ruling.