Court upholds ban on aerial spray in Davao

DAVAO CITY – Regional Trial Court Branch 17 Judge Renato Fuentes upheld the ban imposed by the Davao City government on the aerial spray of pesticides in agriculture areas in the city, particularly in banana plantations.

In a decision issued on Sept. 22, Fuentes dismissed the petition filed by the Pilipino Banana Growers and Exporters Association (PBGEA) questioning the constitutionality of the city ordinance.

The said ordinance banning aerial spray was supposed to take full effect on June 23 but PBGEA was able to get a Temporary restraining order (TRO) which extended the phase-out period to another three months.

Fuentes came out with the decision a day before the status quo on the ban on aerial spray expired Sunday.

Fuentes pointed out in his decision that the witnesses presented by PBGEA failed to support their contention that the ban was unconstitional. He said that the PBGEA witnesses were not able to clearly establish its case against the implementation of the aerial spray ban.

The judge, on the other hand, lauded the city government for passing the ordinance and approved it into law in consonance with the police power it has been granted by the Local Government Code of 1991. The local government code stipulates that police power entails that the state’s power to prescribe regulations, promote health, morals, education, good order and safety for the general welfare of the people.

The Davao City government welcomed the favorable court decision as it would indicate the welfare of the people is above all other considerations.

A PBGEA official likewise confirmed receiving the decision Saturday afternoon after the group reportedly followed up on the decision the previous day.

PBGEA shall reportedly study further what move it would take next after the court dismissed its petition against the ban on aerial spray.

In his decision, Fuentes gave weight to the testimony of Dr. Lynn Crisanta Pangani­ban, a witness of the city government in insisting on the adverse effects on aerial spray.

Panganiban is a doctor of medicine, pharmacologist and toxicologist, was able to convince the court through her thesis that ‘all fungicide are poisonous and outright dangerous to the health and safety of human beings and the environment’.