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Republic ofthe Philippines
HOUSE OF REPRESENTATIVES
Constitution His, Quezon City

‘SEVENTEENTH CONGRESS
First Regular Session wot gfe |

Aagt

HOUSE BILL N

Introduced by:
Gabriela Women’s Party Reps. EMMI A. DE JESUS and ARLENE D. BROSAS,
BAYAN Muna Rep, CARLOS ISAGANIT. ZARATE, ACT Teachers’ Partylist
Reps. ANTONIO L. TINIO and FRANCE L. CASTRO, Anakpawis Partylist Rep. ARIEL CASILAO,
and Kabataan Partylist Rep. SARAH JANE |, ELAGO

EXPLANATORY NOTE

This bill was fist fled in the 15® Congress and was fled again in the 16* Congress." It has undergone
several committee deliberations dating back to the 15% Congress. Through these, the issues surrounding the bil had
already been exhaustively discussed and debated upon. The records of the House of Representatives Committee on
Ecology will show that insofar asthe clamor for prohititng aerial spraying is concerned, the House of Representatives
{is already in possession of the core information and views sufficient and necessary to form a legislative action. Itis on
this note that the principal authors would lke to make reference to the offcial committee records as aid for the
‘committee members in deliberating this bil so that if there is any need for new hearings, it must be inthe senvce of
‘prompt legislative action in order to give the people and communities in Mindanao whose lives have been blighted by
‘aerial spraying te long-overdue afimative relief they have sought from this Congress.

From the hearings conducted during the 15* and 16" Congress, it has become increasingly clearer that
there is a need to prohibit aerial spraying and such prohibition is getting more urgent. The people and communities in
‘or near the banzna plantations in Mindanao have been suffering the adverse impact of aerial spraying since the early
1980s following the escalated expansion and production intensificaion earlier launched by big banana agro-
Corporations, This translates to more than two decades of accumulated and no let-up suffering from the vexation (on
this sense, a nuisance) and healt risks that aerial spraying has been inflicting on these people and communities,

In the early development stage of the industy, most benana plantations were far from population centers
‘and communities. During the early part of the Marcos regime, the area for banana production was even limited to
25,000 hectares. The banana plantations were also buffered by other crops and vegetation and they used manual
methods in applying chemicals to their crops. When the industry expanded in frenetic pace stating in the ealy 1980s,
banana plantations advanced from low-density communities (mostly abandoned logged-over areas) to high-density
‘communities (population centers). At the same time, the industy expansion attracted the influx of agricultural workers
that formed settements within the banana plantations. Consequently, the industry had grown big and became a top
‘export crop, turning Mindanao into a virtual banana republic. This growth resulted in the close contact between
banana plantations and densely populated areas,

"In fact, bls of the same intent were also fled by other authors as early as the 14% Congress. n the 16! Congress, tis bil was
denominated as House Bil 3857. The principal authors ofthe present bl would Ike to cal tention to the Explanetory Note of Hause Bll
‘3857 as addtional reference.


Banana agro-corporations and exporters would lke the public to believe that the growth ofthe industry end
its coming into contact with communities have no problems. This is a useless argument because it does not tally with
reality. To say nothing of the changed ecological landscape the industry wrought in Mindanao, the expansion of
banana plantains destroyed the buffer vegetation, stripping the nearby communities of natural protection. This loss
Cf natural protection is closely related with the fact that having grown big, the industry started using aerial spraying in
the early 1990s. Today, banana production in Mindanao is estimated to cover 150,000 hectares and stil counting
since its expansion is continuing. It affects more than two milion people, also stil counting because of the high
gravitational pull of banana plantation employment. These are the area and people which constitute the universe
affected by the deleterious ‘chemical showers’ of aerial spraying

To sum up the testimonies ofthe affected people and communities in the committee deliberations and other
fora, they demand for the prohibition of aerial spraying on the folowing grounds:

1. Aerial spraying is a nuisance (veriy, a vexation) because it adds disruption tothe already miserable poor lives of
the affected people and communities. Its shower fallout soils their open air laundry, spoils their grains sun-dried
in open spaces and leaves a nauseous odor that fouls their home and immediate environment. The strong odor it
leaves lends the exposed to bouts of vomiting and lost appetite.

2. More than being a nuisance, it poses several risks at high level othe affected individuals, the community and the
environment. In the deliberations, resource persons, including individuals who sourced their income from the
industy, complained of persistent episodes of hard coughing, dizziness, headaches, and various skin afficions
‘among adults and children in the affected communities. These experiences are consistent with studies which
found that 52% of people exposed to aerial spraying showed post-exposure symptoms like eye-redness, eye
pain, eye tearing, eye and skin itchiness, headache, and spells of vomiting and dizziness?. Aerial spraying also
affects the vegetation and animal life in the vicinity of banana plantations. Residents would réport that the soil in
their vilages had exhibited diminished fertlty. Plant growth in their backyard and farms had been seriously
stunted, suggesting of changed geo-ecological balance. They now find it dffcult to grow food crops. People also
find it harder to raise pigs and chickens, They believe that their natural sources of water have been compromised
because ¢ fot of the animals refused to drink ffom streams and springs and those that do eventually die,
‘suggesting of habitat and environmental contamination. Since the pesticides are released into the air, the method
has absolutely no means of controling chemical drift or of ensuring thatthe harmful chemicals would hit only their
{arget areas. The ai-borne harmful chemicals are usually swept by the winds, dispersing them over wide areas
that include residential centers, schools, farms, rivers, lakes and other water systems. Its inthis way that aerial
spraying affects not just banana plantations but defles whole eco-systems.

3, Chemicals from pesticides and similar harmful substances accumulate through the years. Sadly, no study has
‘been conducted inthis country on the long-term accumulative geo-ecologica effects of aerial spraying, Itis wel to
‘mention on this regard that one of the advances of development perspectives that had come to guide
‘goverments and social institutions starting in the 1990s is the adoption of the ‘precautionary principle’. In the
absence of a deep-going study on the geo-ecological effects of chemical accumulation from pesticides released
into the environment, its the better part of government discretion to exercise precaution since the long-term
implications on communities and environment long exposed to aerial spraying are imponderable.

In contrast wit the testimonies of victimized communities, banana agro-corporations and exporters mainly deny the
harmful effects of aerial spraying and, instead of presenting meritorious arguments to buttress their position, have
Used the hearings to imesponsibly hurl fantastic conspiracy theories about the proponents (both the grassroots
Communities from where the idea of banning aerial spraying actually originated and the authors of the various bils). if

‘Department of Health 'A Health and Environmental Assessment in Stio Camocain, Davao del Sur, DoH: Davao City, 2006.

Page | 2


their lead is to be followed, they want this House to divert its look to some phantom while the people living in banana
Plantations are coughing their way to the village fot.

The viemized people and communities started their organized clamor for prohibiting aerial spraying in the
early 1990s such that their struggle now spans more than two decades. They frst lobbied wit the LGUs but obtained
mixed results. A few LGUs responded favorably and passed their environmental and anti-acrial spraying ordinances,
‘Among such LGUs are Davao City, South Cotabato, and Bukidnon. In these LGUs, banana plantations have
‘expanded and experienced unprecedented growth, belying the apprehensions sown by banana growers and exporters
that those ordinances would kill the industy. Unfortunately, most LGUs have succumbed to the banana industy
‘whose escalated expansion had transformed it into a Big Brother of sorts, a local king maker and influence-peddr,
‘So in 2004, through some representatives sympathetic to their cause, the victimized people and communities started
pettoning this Congress, invoking the relevant sections of the 1987 Constitution? for the enactment of a national lv
{hat wil protect them from the harmful ways of banana agro-corporations, particularly aerial spraying.

Page | 3

This explains why every Congress, they would return to this House of Representatives (aka the House ofthe
People), appecting oits sworn sense of public welfare and placing their confidence on this House to put the people's
health above profits and narrow interests, This 17" Congress is therefore the 4" Congress they have appealed to and
2016 will make up 12 years of their petitioning efforts. Certainly, there is nothing conspiratorial in the avenue they have
chosen and in persevering for twelve years in their tust in this House despite having been failed by previous
Congresses.

The people and communities clamoring for pulting a legislative clamp on aerial spraying are mostly farm
workers and small scale rural entvepreneurs with businesses closely connected with the banana production. With their
close economic connection to the industry, they count as part fits stakeholders. As such, they are not out to slay the
‘goose. If they are clamoring for a stop to aerial spraying, it is only because the growth through the decades of banana
Production into a big agi-business has brought along with the boon negative effects thal consftute the industry's
baneful side and such effects are crying for legisttve intervention.

Given all the premises, this bil is long overdue and its aythors strongly urge this House to pass it promplly

EMMI A. DE JI
f Gabriela Women's Patty
Lik Fecccts — eas RAP ASSO
LENE D. BROSAS CARI -
Gabriela Women's Party BAYAN Muna
4 =
ANTONIO Fi EL. TRO
ACT Teachers’ Partylist ACT  Partylist
CASILAO ‘SARAH 1. ELAGO
Anakpawis Kabathan Partylist

Section 15, Article Il of the Philippine Constitution which provides that, ‘The State shall prated and promote the right fo health of the
people and ins neath consciousness among them and Section 16 ofthe same Atle wich proves tat, ‘The Stat shall protect ard
advance the ight of he peopl oa balanced and healt ecology in accord wit the rythm and harmony of nature.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘SEVENTEENTH CONGRESS Page | 4
First Regular Session

we, 4491

HOUSE BILL No.

Introduced by:

Gabriela Women’s Partylst Reps. EMMI A. DE JESUS and ARLENE D. BROSAS,
BAYAN Muna Reps. CARLOS ISAGANIT. ZARATE, ACT Teachers’ Partylist Reps. ANTONIO L. TINIO and
FRANCE L. CASTRO, Anakpawis Partylist Rep. FERNANDO HICAP, and
Kabataan Partyist Rep. SARAH JANE I. ELAGO

‘AN ACT PROHIBITING AERIAL SPRAYING.
‘AS AMETHOD OF APPLYING CHEMICALS AND SIMILAR SUBSTANCES ON AGRICULTURAL CROPS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
‘Section 1. Title. - This Act shall be known as the ‘Aerial Spraying Prohibition Act of 2016.

Section 2.Declaration of State Principles and Policies ~ Pursuant to Section 15, Article Il of the Philippine
Constitution, which dectares that the State shall protect and promote the right to health of the people and instil
health consciousness among them, as well as Section 16, Article Il of the Philippine Constitution, which further
declares that the State shall protect and advance the right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature, itis hereby the declared policy of the State:

4. To ensure the protection and promotion of these Constitutionally guaranteed rights to health and
balanced ecology of the peopl, including generations yet to be born;

2, To protect the people from the hazards of the environmentally degrading and health threatering
agricultural practice of aerial spraying;

3. To.adopt the precautionary principle in assessing projects which are environmentally crical

Section 3. Definition of terms — For purposes of this Act, the following terms shall be understood as follows:

Aerial spraying refers tothe application of substances, including but not limited to pesticides and any other
hazardous substances, through the use of any aircraft in order to dispense the substances into the air,


Agricultural activity refers to the cultivation of the sol, planting of crops, growing of fut trees, and shall
include the following activiies: land preparation, seeding, planting, cultivation, harvesting, bagging, and
‘ther activities and practices performed in conjunction with farming operations;

Agricultural entity refers to any person, whether natural or juridical, who is involved in agricultural activities;

Buffer zone refers to an identified area/zone within and around the boundaries of farmsplantations that
need special monitoring to avoid or minimize harm to the environment and inhabitants ffom the use of
hazardous chemicals and substances. It is an area of land that rustle within the property which does not
include public lands, public thoroughfares or adjacent private properties. It must be planted with diversiied
trees that grow taller than what are usually planted and grown in the plantation to protect those within the
‘adjacent fields, neighboring farms, residential area, schools and workplaces;

Global Positioning System survey refers to a survey plan to be made with the aid of Global Positioning
System showing the metes and bounds of each agricultural famvplantation that shall be submitted to the
Office of the Mayor of the municipatyicty which has juisdicion over concemed agricultural
farmsiplantations;

Hazardous substances refers to substances which present either:

{1 short-term acute hazards, such 2s acute toxicity by indigestion, inhalation or skin absorption, or other
skin or eye contact hazards, o the risk of ie or explosion; or

£2 long-term hazards, including chronic toxicity upon repeated exposure, carcinogenicity (which may in
some cases result from acute exposure but with a long latent period), resistant to defoxiication process,
such as biodegradation, the potential o pollute underground or surface waters, or aesthetically objectionable
properties such as offensive odors; or

4.3 those substances which the Fertilizer and Pesticides Authority (FPA) under the Department of Agriculture
and other goverment agencies wil identity as hazardous

Imminent hazard refers to a situation which exists when the continued use of a pesticide will likely result in
unreasonable adverse effects on the public and/or the environment or will involve unreasonable hazards to
the survival of species declared endangered by the appropriate authorities;

Persistent Organic Pollutant (POP) refers tothe organic compounds wiich resist photoytc, chemical and
biological degradation, that persist in the envionment, bio-aocumuiate through the ecosystem and the food
‘web, and pose risk of causing adverse effects to human health and environment. Persistent Organic
Pollutants include, among others, dioxin, foran, polychlorinated biphenyls (PCBs), and organochlorine
pesticides such as aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphene, and chlordane;

Pest refers to any form of plant or animal lfe, or any pathogenic agent injurious or potentially injurious to
plants or plant products;

Pesticide refers to any substance or product, or a mixture thereof, including active ingredients, adjuvants
and pesticide formulations, intended to contro, prevent, destroy repel or mitigate, directly or indirectly, any
pest. The term shall be understood to include insecticide, fungicide, bactericide, nematocide, herbicide,
molluscde, avicide, rodenticide, plant regulator, defoliant, dessicant, and the ike;

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k, Toxicity 1.fers to a physiological or biological property determinative of the capacity of a chemical to do
harm or produce injury to a living organism through non-mechanical means;

Section 4.Ban on aerial spraying - The act of aerial spraying of pesticides, hazardous substances, and
persistent organic pollutants is hereby declared as contrary to law and, thus, prohibited as an agricultural activity

Section 5.Scope and presumption - The provision of this Act shall apply to aerial spraying of pesticides in all
agricultural activities; Provided, that spraying substances with the use of an aircraft flying near or above an
agricultural plantation is @ prima facie evidence of the commission of aerial spraying: Provided, finally, that
person or entity engaged in aerial spraying shall be presumed to be spraying hazardous substances or persistent
‘organic pollatants

Section 6. Who may be held liable ~ Any person, natural or juridical, who performs the act of using an aircraft
to spray hazardous substances and persistent organic pollutants shall be held liable. Provided, that if the violator
is a corporation, partnership or any other juridical entity, the penal provisions hereof shall be applied to the
president or the chief executive officer of the corporation, the managing partner in the case of partnership, or the
equivalent hecd in the case of any other juridical entity or any other person acting in their behalf. In the case of
corporation, thé indictment shall include the manager of the department directly responsible for aerial spraying
and similar operations.

‘Section 7. Buffer zone — All persons, natural or juridical, who are engaged in agricultural crop production of fifty
(60) hectares and above shail observe the following:

a A 40-meter buffer zone shell be established between the plantations and critical areas, such as
recharge zones, critical slopes, riverbanks, springs, wells, and other sources of water; and

b. A30-meter buffer zone shall be established between the plantations and residential houses, schools,
clinics, chapels, and other institutions; Provided, that the exisding plantations, upon the effeciity of
this Act, shall provide the relocation of those inside the plantation and within the buffer zone to a
suitable site at its own expense.

Section 8.mplementing agencies ~ The Fertlizer and Pesticide Authority (FPA) shall be primarily responsible
for the implementation and enforcement of this Act.

The Department of Environment and Natural Resources-Environmental Management Board (DENR-EMB), in
coordination with the established municipatylcty-based monitoring teams, shall conduct quarterly monitoring to
‘ensure compliance with Presidential Decree No. 1586, otherwise known as The Philippine Environmental Impact
Statement System (PEISS).

‘The Department of Health, in coordination with the regional and local health offices, shall conduct regular
‘community health monitoring in areas located within or near agricultural farms/plantations,

The Department of interior and Local Goverment (OILG), through the Otfice of Provincial Governor of each
province or the Office of the City Mayor of each highly urbanized or chartered city, where such agricultural
farms/plantations are located, shall be responsible in monitoring to ensure compliance ofthis Act. The Provincial
governor or City mayor shall form municipalitylcity-based monitoring teams from among farmerstfarmworkers
organizations, environment protection advocates, civil society, church people, and youth organizations. The
‘municipalcty mayor, municipality agricuturst, municipality health officer, community environmental officer,
and the municipality chief of police shall be automatic members ofthe monitoring team.

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‘The municipalityicty-based monitoring teams shall have inspectorial powers with respect to compliance of
providing buffer zones as mentioned in Section 7 of this Act.

Section 8. Documentationi/inventory ~ The municipality Icy-based monitoring teams shall have a record of,
but not limited to, the folowing: Page |7

4. Agyicuitural farmsiplantations:
, Number of agricultural farms/plantations within ther territorial jurisdiction;
b. Area covered by these agricultural farms/plantations
©. Main crop produced by these agricutural farmsiplantations

2. Agricultural farms/plantations and companies engaged in aerial spraying or have been engaged in the

business of providing aerial spraying services before the enactment of this Act
@._ Aircrafts used in aerial spraying which shall include:

i. brief description ofthe aircraft;

ii. engine manufacturers identification number, and

ii, 3.company logo
b. Location of the hangar
©. Other relevant information!description

Section 10. Administrative fines - Upon the motu propio finding of the Fertiizer and Pesticides Authority,
based on the report of the Municipaliy/City-based monitoring team, and its coresponding recommendation to
the Secretary ofthe Department of Agriculture, the following administrative fines shall be imposed upon every
day of aerial spraying of pesticides:

1. Inviolation of Section 4 and in relation to the presumption in Section 65 of this Act;

‘@_An administrative fine of not less than fity thousand Philippine pesos (P50,000,00) but not more
than one hundred thousand Philippine pesos (P100,000.00) upon the owner of the plantation who
‘actually commissioned the aerial spraying of pesticides;

'b. An administrative fine of not less than twenty thousand Philippine pesos (P20,000.00) but not more
than fifty thousanf Philippine pesos (P50,000.00) upon the aircraft owner, operator, and the aircraft,
pilot. Provided, that the recommendation of the FPA shall include the immediate suspension of the
Permit to operate, in the case of the owner or operator, and the professional license, in the case of
the aircraft pilot, for a period of not less than one (1) month or until cessation of aerial spraying of
pesticides,

2. _Inviolation of Section 7 of this Act:
a. An administrative fine of not less than fifty thousand Philippine pesos (P50,000.00)

Section 11, Penal provisions ~ The following penalties shall be imposed for acts in violation of Section 4 and in
relation to the presumption in Section 5 of this Act:

41. The penalty of prision mayor shall be imposed upon the owner of the plantation or the person who
‘actually commissioned the aerial spraying. In the case of juridical persons, such penalty shall be
imposed in relation to Section 6 of this Act.


2. In addition to the revocation of the pert to operate, in the case of the owner or operator of the aircraft,
and the revocation of the professional license, in the case of the aircraft pilot, the penalty of prision
Correccional shall be imposed upon the owner or operator of the airctraft and the pilot of the aircraft
used in the aerial spraying.

The aircraft and other equipment used in violation of Section 4 hereof shall be subject to fiorfeiture under Aticle
45 of Act No. 3815, otherwise known as The Revised Penal code.

The fling of a criminal action under this Act shall be without prejudice to the filing of civil and administrative cases
by the persons or communities affected because ofthe aerial spraying of pesticides.

Section 12Jimplementing Rules and Regulations - Within sity (60) days after the effectivity of this Act, the
Department of Agriculture, through the Fertiizer and Pesticide Authority, in coordination with the DILG, DENR-
EMB, and DO}, shall formulate and issue Implementing Rules and Regulations of this Act.

Section 13.Separabilty clause - if any part or provision of this Act is declared void or unconstitutional, the
remaining provisions thereof shall remain in full force and effect.

Section 14. Repealing clause — All other laws, decrees, rules and regulations, orders, and issuances
inconsistent with the provisions of this Act are hereby repealed or modified accordingly

Section 14, Effectivty clause — This Act shall take effect after fifteen (15) days following its publication in the
Official Gazette or in any newspaper of general circulation

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