MANILA, Philippines — The Court of Appeals (CA) has ordered a halt to the commercial propagation of Golden Rice and Bt Eggplant, citing their potential risks to the environment and public health.
In a 143-page decision written by CA Associate Justice Jennifer Joy Ong and promulgated on April 17, the CA’s Fourth Division also ordered halting the field testing and use as well as importation of genetically modified organisms (GMOs) until strengthened risk assessment and monitoring procedures are in place.
The appellate court granted the privilege of Writ of Kalikasan to the Magsasaka at Siyentipiko para sa Pag-unlad Agrikultura (MASIPAG), Greenpeace Southeast Asia-Philippines and others, “citing the constitutional right to health and maintaining environmental integrity.”
A Writ of Kalikasan is a legal recourse aimed at safeguarding individuals from environmental harm that jeopardizes life, health or property across two or more municipalities.
The CA issued a cease and desist order directing the University of the Philippines-Los Baños and the Philippine Rice Research Institute to halt the commercial propagation of Golden Rice and Bt Eggplant.
“Considering the unmistakable importance of the constitutional right to a balanced and healthful ecology, especially in these times, we remind the government of its eminent duty to assiduously protect said right,” the CA ruling stated.
The CA said the petitioners were able to prove that the adverse health and ecological effects of the Golden Rice and Bt Eggplant projects, while scientifically plausible, are uncertain.
The appellate court applied the precautionary principle recognized under the Rules of Procedure on Environmental Cases due to the lack of “full scientific certainty” on the effects – good or bad – of GMO products Golden Rice and Bt Eggplant.
Under the said principle, actions must be taken to avoid or diminish the threats of serious and irreversible damage to the environment.
The Supreme Court earlier granted the petitioners the Writ of Kalikasan, referring the case to the appellate court for “acceptance of the following returns on the Writ of Kalikasan and for hearing, reception of evidence and rendition of judgment.”
MASIPAG, a coalition of farmers and scientists, had asked for a temporary environmental protection order against the Department of Agriculture to halt the commercial cultivation of Golden Rice and Bt Eggplant until evidence of safety and compliance with legal requirements are provided.