CA Junks Aerial-Spray Ban

Subject: CA Junks Aerial-Spray Ban January 14th 2009, 12:13 pm

By Jeffrey M. Tupas
Mindanao Bureau

CAGAYAN DE ORO CITY – Police broke up a picket line of farmers protesting aerial dust cropping in banana farms in Davao and arrested severl of the protesters.

The farmers, members of the Mamamayan Ayaw sa Aerial Spraying (Maas), lay down on J. Borja Street to simulate death, paralyzing the movement of vehicles.

The protest action came after the Court of Appeals here declared as unconstitutional the Davao City ordinance that banned aerial spraying of chemicals in banana plantations.

The law took two years for city lawmakers to pass because of the intense debate between opponents of aerial spraying and the Pilipino Banana Growers and Exporters Association (PBGEA).

The decision, dated Jan. 9, trashed the earlier decision of the Regional Trial Court Branch 17 in Davao that upheld the ordinance’s validity and constitutionality.

“We find the trial court committed an error of judgment... Thus we are constrained to strike down such measure as invalid and unconstitutional,” the 47-page decision said.

Rosita Bacalso, a member of Maas, questioned why it took so long for the CA justices to decide on the case.

She lamented how the justices ignored their basic right to live in a safe and healthy environment.

After the dispersal, police said they would also dismantle the farmers’ encampment. Maas members have encamped about 20 meters from the CA since November.

The CA decision came while the protestors were on their fifth day of fasting and silent protest in front of the CA. They said they have been hungry for justice since the CA issued decisions that all favored the PBGEA – the temporary restraining order and the writ of preliminary injunction that lapsed in November last year, or six months after it was issued. The CA, however, asked for an extension that is to expire Jan. 26.

PBGEA said the ordinance was oppressive. The lower court, however, in upholding its validity, said the city government of Davao only exercised its inherent police power to protect the people. Favoring the petition of PBGEA were justices Jane Aurora C. Lantion, Rodrigo F. Lim, Jr., Normandie B. Pizarro, and Michael P. Elbinias. The executive justice of CA’s Cagayan de Oro wing, Romulo V. Borja, dissented.

Subject: Re: CA Junks Aerial-Spray Ban January 15th 2009, 2:17 am

Kalokohan talaga ang mga kapitalismong yan?!!...

at lalong isang malaking kalokohan talaga ang hustisya natin dito sa pinas?

ang wish ko lang, kapag nag-aerial spray sila ulit sa kanilang mga produkto ay humangin ng malakas at mapadpad ang kemikal sa kabahayan o sa kanila mismo (Pilipino Banana Growers and Exporters Association)!!!

para maranasan nila kung ano ang nararanasan ng mga kapatid natin sa davao!

Subject: Re: CA Junks Aerial-Spray Ban January 15th 2009, 3:25 am

KALAMPAG (KAMPO ALANG SA LUWAS UG MAKINAIYAHANONG PAG-UMA)
Camp for Safe and Environment friendly Agriculture
Day 64 (January 12, 2009, Monday)

On the rainy, 64th day of the the camp-out, CA released it's decision declaring the Davao ban aerial spray ordinance unconstitutional, voting 4-1. The farmers and youth members of MAAS immediately conducted a die-in to denounce the unjust decision. Lying on the road, tied to one another and chained to the flagpole, the group stopped traffic for over an hour with the police even redirecting the flow of vehicles. More and more policemen arrived however, and began violently dispersing the group. Finding it difficult to untangle the protesters from one another, the police started arresting those that were not chained -- one taking the video, another speaking on the megaphone plus two others that were thrown like pigs inside a waiting police patrol. Four MAAS members were brought to jail. After this, the police started to demolish the camp that has been the home of the group for over two months. Trying and failing to negotiate with the police to let them stay for a few more days, the over 30 MAAS members just sat inside their makeshift home. The campers, support groups and even media cried in frustration, anger and all the pent up emotions, as the tent, the symbol of their protest in front of CA was slowly demolished. After the dispersal and dismantling of the tent, MAAS members attended mass at Xavier University-Ateneo de Cagayan. With no more 'home' to stay in, the campers were taken in by Xavier University , at their Manressa Retreat Center . But refusing to let their 4 arrested colleagues spend the night in jail on their own, over 15 other MAAS members went to the police station to be voluntarily detained.

From: Lia Jasmin Esquillo [mailto:ianna_simone@yahoo.com]
Sent: Wednesday, January 14, 2009 5:15 PM
To: envi dispatch
Subject: Die in as CA declares ban aerial spray ordinance unconstitutional: KALAMPAG Day 64