DAVAO CITY, Philippines Residents who claimed to have been affected by aerial spraying of agrochemicals in banana plantations have haled their cause to the Supreme Court.
On July 25, the group submitted a 43-page petition asking the high court to immediately order the implementation of a city ordinance banning the practice, even as the Court of Appeals (CA) has yet to rule on the same issue.
The residents, represented by nine complainants, also asked the high court to immediately shelve the CAs Jan. 28 stay order on the ordinance.
They also asked the court to immediately issue an injunction on companies that have reverted to aerial spraying.
The Pilipino Banana Growers and Exporters Association, representing the banana industry, did not issue a comment, on the court case.
The organization instead questioned the constitutionality of the Davao City ordinance issued early last year.
The resident-petitioners claimed they have experienced health problems like skin diseases, although they admitted there was no study linking their problems to aerial spraying.
The Mamamayan Ayaw sa Aerial Spraying has also questioned the failure of CA Branch 21 based in Cagayan de Oro City to decide on the ordinances constitutionality.
The group claimed the CA ruling should have been released last Monday, the end of a six-month injunction the appellate court issued on the ordinance based on the Revised Rules of Court.
The controversy started when several groups here pushed for the passage of the ordinance before the city council two years ago.
Lobbies
Mayor Rodrigo R. Duterte backed the move, although there were lobbies to change his position, including that of Agriculture Secretary Arthur C. Yap.
The banana companies questioned the ordinances constitutionality before the Regional Trial Court.
Judge Renato Fuentes ruled in favor of the ordinance in September 2007.
This prompted the banana companies to ask the CA for a temporary restraining order (TRO) and preliminary injunction, which was issued in November.
The order automatically became a preliminary injunction when the TRO expired in January.
The city government asked the CA to reverse its order, but the court denied the appeal on May 22.
On June 20, the Office of the Solicitor General upheld the local court by citing the local governments police powers.
The comment was issued upon the CAs request.
Davao City has been one of Mindanaos major growers of bananas for export, particularly the Cavendish variety. Carmelito Q. Francisco, BusinessWorld