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DAVAO CITY—Banana
growers in this city have sought relief from the court
to stop the city government from implementing a ban on
aerial spraying in the plantations.
The
Pilipino Banana Growers and Exporters’ Association (PBGEA)
has asked the court last week to issue a temporary
restraining order (TRO) and a writ of preliminary
injunction against the city government to stop the
latter from implementing the ban that would take effect
next month.
The
city’s ban on the use of aerial spraying to apply
pesticides has given plantations only three months from
March this year to shift to boom spray or other modes of
pesticide application that PBGEA said was “too short for
even a preparation.”
Stephen
Antig, PBGEA president, told BusinessMirror that his
group filed a civil case at the regional trial court
here to determine if the city ordinance was
constitutional or not “and if proven unconstitutional,
we want that it be recalled or amended.”
“We feel
that we have exhausted all remedies to convince the city
council that aerial spraying is not that harmful as
[proponents] portrayed. Government agencies such as the
Department of Health, Department of Trade and Industry
and the National Economic and Development Authority have
supported us, and even the DOH has issued a statement
that it has not found any conclusive evidence that there
have been victims of aerial spraying,” he said.
He said:
“We are not angry, though. It’s just that we should have
also been given adequate transition period. We cannot be
angry because the city government is only doing its job,
but we also have to protect our own members.”
The
PBGEA has asked the city council, in its various
committee hearings last year, to give them 25 years, but
Antig said they can settle for a shorter period of even
three years.
“We only
want to be given enough time to shift from aerial
spraying to other modes of application,” he said. “Three
months is really too short to comply while investment
required is big.”
The
civil case asked the court to issue a TRO against the
city government to prevent the latter from making any
immediate move to implement the ordinance.
The
PBGEA wanted the TRO to be in effect while the court
would hear its petition for a writ of preliminary
injunction, or an order to stop any implementation of
the final phaseout of aerial application of pesticides
by June 23, the third month after the ordinance was
passed on March 23. |