Crop Biotech Update

CA Reverses RTC Decision on GMO Rice Case

November 27, 2009

The Philippine Court of Appeals (CA) in a 21 page decision by Associate Justice Vicente Veloso has recently granted the consolidated petitions filed by the Bureau of Plant Industry (BPI) and Bayer, which sought to nullify the decision made by the Quezon City Regional Trial Court (RTC) banning BPI from granting Bayer's application to use LLRice 62 in the country. In September 18, 2007, the RTC granted Greenpeace Philippines an injunction to the use of LL62 in the country because it will result to increase use of toxic herbicides, putting farmers and consumers at risk.

The CA pointed out that "Von Hernandez and the rest of the Greenpeace failed to establish a clear and positive right to entitle them to the issuance of a writ of injunction since there is no proof that "there is hardly any doubt" that Bayer's application will be approved by BPI. The Court also stressed that "the alleged dangers of LLRice 62 to the people and the environment would have to be further examined and verified by proper agencies since ‘the courts do not have the competence or expertise' on matters such as genetically-modified rice". In addition, the Court "did not give credence to Greenpeace's claim that their right of information has been violated due to BPI's refusal to provide them information about Bayer's application". All the information were freely shared by the agency,

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