Farmers urge SC to overturn CA ruling vs. access to Bt eggplant seeds in PHL

Claiming that the Court of Appeals had failed to see the positive impact of the exploits of science on their lives, 11 farmers urge the Supreme Court to overturn a CA decision stopping the commercial release of genetically-enhanced eggplant seeds in the Philippines.

In a statement dated October 3, 2014, the 11 farmer-petitioners claimed they have filed before the high court their petition seeking to allow the distribution of Bacillus thuringiensis (Bt) eggplant seeds to farmers.

In their petition, they said “the Honorable Court of Appeals failed to consider the extent of the impact of its decision to the lives of the millions of farmers that have depended on, and continue to look to, science and technology to provide solutions [that] address the seemingly insurmountable challenges that beset their livelihood.”

The petitioners are Edgar C. Talasan, Eugene O. Halasan, David L. Casimero, George N. Matias, Laureano H. Sanchez, Maximino N. Apelado, Danilo P. Doronio, Roberto L. Apelado, Marvin D. Matias, Emily S. Bitco, and Asuncion A. Desamito.

They said, “The grant of the petition for Writ of Kalikasan... [because] Bt talong disrupts the 'naturally-ordained' state of the environment, constitutes a sweeping censure of the very foundation of agriculture itself: human innovation and inventiveness.”

According to the International Service for the Acquisition of Agri-Biotech Applications (ISAAA), the Eggplant Fruit and Shoot Borer (EFSB) – with scientific name Leucinodes orbonalis – has caused the most significant yield losses in eggplant crops in the Philippines.

Thus, the adoption of Bt eggplants, which is resistant to EFSB has the potential of increasing yield, reducing expenses and increasing net profits, it added.

“Partial budget analysis showed that the adoption of Bt eggplant would provide a net incremental benefit of around P 50,000 per hectare,” said Doctor Sergio R. Francisco, author of an ISAAA brief on Bt eggplant.

Despite Francisco's claims, the CA on May 17, 2013, ruled that field trials for Bt eggplant have yet to prove that the plants were safe for humans and the environment.

It issued a Writ of Kalikasan ordering the stop of field trials as a “precautionary” measure in the absence of “full scientific certainty” of the safety of Bt eggplant.

But the petitioners claimed that the field testing of Bt eggplant complied with the relevant laws and regulations, specifically Department of Agriculture's  Administrative Order No. 08-2002  and Executive Order No. 514.

Science behind Bt eggplant

ISAAA's 2013 study indicates that genetically modified (GM) crops are the fastest adopted crop technology in recent history.

The Bt gene that makes the Bt eggplant insect-resistant was derived from Bacillus thuringiensis.

According to the Southeast Asian Regional Center for Graduate Study and Research in Agriculture (SEARCA), the Bt protein does not affect organisms other than its intended insect targets.

Bacillus thuringiensis is a naturally-occurring common soil bacterium. Several Bt strains can kill insects by paralyzing their digestive systems, making them unable to feed. Insecticidal properties of Bt were discovered in 1911, and it has been commercially available since the 1950s.

Raging Bt eggplant debate

The issue regarding Bt eggplants has been around since 2010, when the NO2GMOs Coalition and the NGO Southeast Asia Regional Initiatives for Community Empowerment (SEARICE) asked the government to stop field trials of Bt eggplant until “credible” scientific data on its effects on humans is established.

Field trials were being conducted by the Institute of Plant Breeding in the University of the Philippines-Los Baños (UPLB) in cooperation Mahyco, the local seed subsidiary of Monsanto.

In 2011, Camarines Sur's Pili town Vice Mayor Ronaldo Boclot said the Sangguniang Bayan junked the plea of the Magsasaka at Siyentipiko para sa Pag-unlad ng Agrikultura (MASIPAG) to stop Bt eggplant field trials because the group “failed to show and present clear proof of the alleged detrimental effects to humans if they eat Bt eggplant.”

In April 2012, on the other hand, a group of scientists, farmers, and concerned individuals filed a petition for the continuing mandamus and Writ of Kalikasan, asking the SC to stop the government from introducing Bt eggplants to the Philippines.

“Bt talong is a classic environmental case where scientific evidence as to the health and environmental safety and socio-economic impact is insufficient, inconclusive or uncertain,” the anti-Bt eggplant petitioners said.

In the Philippines, the only GM crop being planted is GM corn, which represents 32 percent of the total number of hectares of corn fields.

An ISAAA study in 2013 shows there was a surplus of 3 million kilograms of corn despite a recorded 20-30 percent decrease in production.

In a statement released last year, the Joint Foreign Chambers (JFC) of the Philippines expressed its disagreement with the decision of the CA against the distribution Bt eggplant seeds.

“The JFC believes that the Court of Appeals decision against the Bt eggplant is therefore a major setback to the advancement of Philippine research and development, particularly modern biotechnology, which is critical in addressing the issues of hunger, better nutrition and access to food in the country,” it said in its statement. — LBG, GMA News