Davao City seeks reversal of SC ruling on aerial spray

DAVAO CITY – The city government here has asked the Supreme Court to reveries ruling that declared as unconstitutional a Davao City ordinance that outlawed aerial spraying.

In a petition, the city’s legal counsel Enrique Bonocan said the ordinance was not oppressive, claiming that it “intended to provide a speedy remedy to alleviate the personal sufferings” of residents living near banana plantations using the method.

Bonocan also questioned the testimony of two witnesses, who claimed that any change in methods of spraying would cost the companies at least P400 million.

The lawyer explained that the ordinance did not prohibit the use of fungicide, but only the method of by which this was being dispensed.

The City Legal Office (CLO) added that the ordinance did not intend to jeopardize the operations of the banana industry and other related agricultural activities.

The CLO underscored that it was merely using is “valid exercise of police powers” to enact environmental laws.

Among the reasons cited for the prohibition was that fungicide could have adverse effects on the city’s water supply.

The Sentro ng Alternatibong Lingap Panlegal (SALIGAN), representing private citizen Wilfredo Mosqueda, filed a similar petition with the SC and pointed out that “there was enough time for industries to adopt to manual and boom spraying methods once the ordinance is enacted.”

The measure allows for a three month transition period, once enacted.

The petitioner added that the precautionary principle should be applied in the case.

The CLO petition was submitted on October 18, while the Saligan petition was dated October 6 in Quezon City.