Leave Mapecon alone, SC tells FPA

The Supreme Court has directed the Fertilizer and Pesticide Authority (FPA) to refrain from interfering with the business operations of Ma-pecon Philippines, Inc.

In a decision penned Feb. 8 by Chief Justice Renato Puno, the SC said FPA does not have regulatory powers over urban pesticide control. Only farm pesticides fall under the agency, the decision stressed.

With the decision, the High Court upheld the Court of Appeals July 31, 2003 decision and the Jan. 26, 2004 resolution stating that the FPA does not have regulatory power over the business operations of Mapecon.

The case stemmed from the 1994 complaint filed with the Dumaguete trial court by Mapecon and its Dumaguete City branch manager Woodrow Catan which sought to stop a competitor and the FPA Dumaguete provincial coordinator from disturbing its business operations and from requiring them to obtain a permit from the FPA.

Mapecon, a franchised and licensed ur-ban pest control operated and duly accre-dited by the National Urban Pest Control, and Catan alleged that they had been disqualified and prohibited from bidding in several private and public biddings after the competitor and the FPA provincial coordinator circulated undated certificate to clients saying Mapecon Dumaguete City branch could not engage in pest control operations without a license to operate and that its pesticide products were not registered with the FPA. In 2000 the Dumaguete ruled in favor of Catan and was affirmed by the Court of Appeals.

The SC said "pesticides" under Pre-sidential Decree 1144 refers only to those used in farming and agriculture. Pesticides used in households, business establish-ment, hotels have nothing to do with agriculture. Likewise, the court said, PD 1144 set the parameters of powers and duties of the FPA stressing the FPA’s purpose is limited to farm pesticides. It was created for the purpose of assuring the agricultural sector of adequate supplies of fertilizer and farm pesticides at reasonable prices.