Corn farmers on Wednesday said they welcome the Supreme Court’s (SC) reversal of its earlier ruling, which temporarily banned the propagation of genetically modified organisms (GMOs) like Bacillus thuringiensis (Bt) talong (eggplant).
The Philippine Maize Federation Inc. (PhilMaize) said the decision of the SC to reverse its December 2015, ruling, effectively eliminated the threat of disruption to the country’s corn supply.
“PhilMaize welcomes with great relief the decision of SC en banc. Kudos to the SC for [affirming] the benefits of biotechnology,” PhilMaize President Roger V. Navarro said.
SC Spokesman Theodore Te said the magistrates unanimously granted during its regular en banc session the nine motions for reconsideration filed by various groups to set aside its ruling on the ground of mootness.
The motions for reconsideration were filed by Bt talong proponents International Service for the Acquisition of Agri-Biotech Applications Inc.; Environmental Management Bureau; Crop Life Philippines Inc.; University of the Philippines-Los Baños Foundation Inc.; University of the Philippines; and several other intervenors.
Te said the justices agreed with the petitioners that the case should have been dismissed for mootness, in view of the completion and termination of the Bt talong field trials and the expiration of the biosafety permits.
The SC also realized that it should not have acted on the constitutional question on the issue of whether Department of Agriculture (DA) Administrative Order (AO) 8, issued in 2002, was unconstitutional as the matter was only “collaterally raised” in the petition.
AO 8 provides the rules and regulations for the importation and release into the environment of plants and plant products derived from the use of modern biotechology.
“These cases, which stemmed from respondents’ petition for writ of kalikasan, were mooted by the expiration of the Biosafety Permits issued by the Bureau of Plant Industry and the termination of Bt talong field trials subject of the permits. These effectively negated the need for the reliefs sought by respondents as there was no longer any field test to stop,” Te said.
The SC also noted that, at the time the Court of Appeals (CA) rendered its decision on May 17, 2013, issuing a writ of kalikasan against field trials and propagation of Bt talong, “the relief sought and which were granted by the CA were no longer capable of execution.”
In December 2015, the SC affirmed the decision issued by the CA, which granted the petition filed by Greenpeace and copetitioners Magsasaka at Siyentipiko sa Pagpapaunlad ng Agrikultura (Masipag) and several other individuals for the issuance of a writ of kalikasan against the field testing of Bt talong.
Aside from permanently enjoining the field testing of Bt talong, the Court also declared null and void AO 8.
The SC also said the existing regulations issued by the DA and the Department of Science and Technology were “insufficient” to guarantee the safety of the environment and the health of the people.
The nullification of AO 8 prompted the DA and four other agencies to craft a joint department circular (JDC), which outlined new rules for the propagation and commercialization of GMOs.
The DA said the guidelines under JDC 1 are “stringent and transparent,” as environment-safety assessment procedures will be cross-checked by the five agencies prior to the cultivation of GM crops.