Dagohoy Magaway (left) president of Mamamayang Ayaw sa Aerial Spraying says Thursday that the Supreme Court is unfair for ruling that Davao’s anti-aerial spray ordinance is unconstitutional. (Maria Patricia C. Borromeo/

DAVAO CITY, Philippines—A grass-root network of anti-aerial spray advocates here is set to file a motion for reconsideration in its bid to reverse the High Tribunal’s decision after it struck down Davao City’s ordinance banning the agricultural practice of aerial spraying as unconstitutional.

Dagohoy Magaway, president of Mamamayang Ayaw sa Aerial Spraying said the Supreme Court erred in ruling that Davao’s anti-aerial spray ordinance is a “confiscatory ordinance.”

The High Tribunal, in its decision, said Davao City “overused its police power” when it passed landmark legislation Ordinance No. 0309-07 on Feb. 7, 2007.

Magaway castigated the Pilipino Banana Growers and Exporters Association (PBGEA) for disobeying the Davao City council. “PBGEA is taking for granted the process here in the Davao City Council.”

For Maas, the High Tribunal’s decision was “unfair.” This as the group claimed that Bukidnon’s 2001 anti-aerial spray provincial is similar to that of Davao’s ordinance.

“If we are going to explore Bukidnon, it has thousands of hectares of banana plantation compared to Davao City.  In this city, only  20 percent are actively involved in aerial spray which means that 80 percent of Davao City’s banana plantations are using ground spray not aerial spray,” Magaway said.

The High Tribunal, he said, favors Bukidnon province’s anti-aerial spray ordinance because the complainants were mostly businessmen who owned a poultry farm, piggery and a ranch, of which they claimed that aerial spray would destroy their businesses.

The president of MAAS seeks for the support of President Rodrigo Duterte who signed the city ordinance  that bans the aerial spray as agricultural practice during his term as Davao’s local chief executive. (

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