THE Supreme Court (SC), overturning the decision of two trial courts, has declared that Philippine courts have jurisdiction over cases seeking damages arising from illnesses suffered from contamination with the worm-killing chemical dibromochloropropane (DBCP) that is used in the country’s industrial banana plantations.

This High Court decision, written by Associate Justice Teresita Leonardo-de Castro, stemmed by the cases filed by Bernabe Navida and 335 others (Navida, et al.) before the Regional Trial Court (RTC) in General Santos City and before the RTC in Davao City filed by Cornelio Abella and 154 others (Abella, et al.)

The High Court held that the trial courts erred in declaring that they do not have jurisdiction to hear the cases on the ground that the acts of the respondent foreign companies cited in the complaint—such as the manufacture of pesticides, their packaging in containers, their distribution through sale—took place abroad which is beyond the territorial jurisdiction of the Philippines.

In their petition for review, Navida, et al., and Abella, et al. had argued that the alleged “tortious acts,” or those acts done that result in injuries or harm, were committed by the defendant companies inside Philippine territory.

The respondents in the two complaints were multinational companies Shell Oil Co., DOW Chemical Co., Occidental Chemical Corp., Standard Fruit Co., Standard Fruit and Steamship Co., Dole Food Co. Inc., Dole Fresh Fruit Co., Del Monte Fresh Produce N.A., Del Monte Tropical Fruit Co., Chiquita Brands International Inc. and Chiquita Brands Inc.

The total amount sought in the complaints is approximately P2.7 million for each of the plaintiff claimants.

“The injuries and illnesses, which Navida, et al., and Abella, et al., allegedly suffered resulted from their exposure to DBCP while they were employed in the banana plantations located in the Philippines or while they were residing within the agricultural areas also located in the Philippines....The RTC in General Santos City and the RTC in Davao obviously have reasonable basis to assume jurisdiction over the cases,” the High Court said. 

Del Monte and Chiquita said they reached their own amicable settlements with the claimants, but Del Monte qualified that it entered into a settlement agreement with only four of the claimants who it said were the only ones asserting claims against the company.

However, the Court said the allegation of Del Monte could not be verified, based on the records of the case and that not one of the claimants filed a motion for the removal of either Del Monte or Chiquita as defendants.

The case stemmed from a number of damage suits filed in Texas in 1993 by citizens of 12 countries, including the Philippines. The thousands of plaintiffs sought a total of $1.3 billion in damages for injuries they allegedly sustained from their exposure to DBCP while working on farms in 23 foreign countries.

However, in a memorandum order dated July 11, 1995, the Federal District Court conditionally granted the defendants motion to dismiss and directed the Filipino plaintiffs to initiate suits in their home country.

Navida, et al. claimed illnesses and injuries to their reproductive systems, while Abella, et al. claimed that DBCP exposure resulted in “serious and permanent injuries to their health, including, but not limited to, sterility and severe injuries to their reproductive systems.”