Appellate court declares aerial spraying ban illegal

CAGAYAN DE ORO, Philippines — The Court of Appeals has ruled as unconstitutional Davao City’s aerial spraying ban ordinance. In a 47-page decision released on Monday, the Appellate court said the regional trial court erred in upholding the Davao ordinance, citing "apparent constitutional infirmities." Four justices, namely: Jane Aurora C. Lantion, Rodrigo F. Lim, Jr., Normandie B. Pizarro, and Michael P. Elbinias ruled against the Davao City’s ordinance. Only Romulo V. Borja, dis-sented, writing: "In any challenge mounted against the constitutionality of a statute or ordinance, the overarching principle is that the acts of the legislature — national or local — enjoy the presumption of validity." Not the end Reacting to this development, city administrator Wendel D. Avisado said the city government will raise the case to the Supreme Court. "It’s unfortunate, but the legal battle has not yet ended," he said. The aerial spraying ban was imposed by the Davao City government early last year, but banana plantation companies immediately questioned the measure in court. Anthony B. Sasin, spokesman of the Pilipino Banana Growers and Exporters Association which elevated the case to the Court of Appeals after losing its case at the regional court, said the banana group has yet to receive a copy of the Court of Appeals’ decision. "We are happy now that we are vindicated," said Mr. Sasin, a ranking executive of the Antonio Floirendo Group in Davao City. Protest Last Monday, environmentalists who camped outside the Court of Appeals building in Cagayan de Oro immediately held a one-hour protest action that paralyzed vehicular movement along J. Borja St. A commotion followed resulting in the arrest of four protestors. Rosita T. Bacalso, a member of Davao City-based Mamamayan Ayaw sa Aerial Spraying, said in an interview that the justices should have handed down the verdict months before. "We have waited for two months here. We were all patiently waiting for the decision of the courts. A lot of our members did not even go back to their homes during the Christmas and New Year holiday because of this. But then, why did it end up like this? Why this long?" Cagayan de Oro City’s police and Road and Traffic Authority personnel dismantled the protestors’ camp on Monday. Vernie Rey O. Fabre, a lawyer representing the court, said the aerial spraying ban’s supporters were forced to leave the premises for defying a policy banning protesters 200 meters from any court house and for illegal assembly. — Penny Lyn P. Cunanan, BusinessWorld