HOUSE YF RE:
“RECEIVED

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

DATES

SEVENTEENTH CONGRESS
First Regular Session

39

ies

Ree \ZION UNIT
BILLS XO WNOEX

House Bill No.

Introduced by AKBAYAN Representative Tomasito S. Villarin

Aerial spraying of pesticides is an agricultural practice by big banana
plantations to kill insects and fungi considered pests to bananas. The
practice of aerial spraying is resorted to by big banana plantations in order
to cut costs in administering the pesticides. The campaign of farmers in
Davao entitled “Stop deadly shower, Dili kami peste” shows the negative
impacts to the life and property of the affected communities. Many studies
have been conducted and the most significant one was that of the
Department of Health (DOH) which showed the negative health effects to the
communities hit by the aerial spray. Among the significant findings were the
trace of the pesticides in the blood of the affected population and the slow
mental development of children which can be attributed to the continued
exposure to pesticides being sprayed aerially. The mist from aerial spray
cannot be controlled to just hit the bananas. The wind carries it beyond the
banana plantation, where residents live and communities are present.

The communities in Davao appealed to the government to ban aerial
spraying. The Department of Health (DOH) and the Commission on Human
Rights (CHR) issued a position paper recommending the ban of aerial
spraying due to the adverse health effects, a violation of the right to life and
healthy environment. Aside from the health of the communities, the crops
like coconuts and durian of some small farmers are affected by aerial spray
because the fruit trees do not bear fruit anymore when hit by the pesticides.
Water sources of the residents outside of the plantation are also
contaminated with the spray drift going beyond its target areas. At present
there is no rule or law regulating aerial spraying. Thus, this proposal is
being filed to regulate the practice.

‘The proposal to ban aerial spraying as a method of administering pesticides
and provide heavy penalties to the pilots and aircraft owners who do aerial
spray will save the thousands of lives and properties of many communities
in Mindanao particularly in Davao city, Davao del Norte, Compostela Valley,
South Cotabato, Surigao del Sur, among others. The precautionary principle
is the main justification for banning aerial spray because it endangers
public health and general welfare. The right to life and health is higher than
the right to property as guaranteed by the Constitution which must be
realized by the law.

RESENTATIVES

oui) (Oi)
Tie 3t eae
By: one

ERVICE


Section 15, Article II of the 1987 Philippine Constitution mandates that the
“State shall protect and promote the right to health of the people.” A similar
directive is also found in Section 16, Article II, which states 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.”

The Supreme Court recently decided on a case banning GMO in the
Philippines using the Writ of Kalikasan (environment) — a_ legal
environmental remedy found only in the Philippines. The Court is also the
first in the world to adopt the precautionary principle—which holds that it is
best to err on the side of caution in the absence of scientific consensus—
regarding GMO products in its decision.

In view of the foregoing, the immediate passage of the bill is earnestly
sought.

ral
TOMASITO S. VILLARIN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No.__ 339

Introduced by AKBAYAN Representative Tomasito S. Villarin

AN ACT
PROHIBITING AERIAL SPRAYING AS A METHOD OF APPLYING
CHEMICALS AND SIMILAR SUBSTANCES ON AGRICULTURAL CROPS

Be it enacted by the Senate and the 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 II of the Philippine Constitution,
which declares that the State shall protect and promote the right to health
of the people and instill health consciousness among them, as well as,
Section 16, Article II 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, it is
hereby declared the policy of the State:

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

2. To protect the people from the hazards of this environmentally
degrading and health threatening agricultural practice; and

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

SECTION 3. DEFINITION OF TERMS. - For the purpose of this Act,
the following terms shall be understood as follows:

a.) “Aerial Spraying” shall refer to the to the application of substances,
including, but not limited to, pesticides and any hazardous
substances, through the use of any aircraft in order to dispense the
substances into the air.


b.) “Agricultural Activity” shall refer to the cultivation of the soil,
planting of crops, growing of fruit trees, and shall include the
following activities: land preparation, seeding, planting, cultivation,
harvesting, bagging, and other activities and practices performed in
conjunction with farming operations.

c.) “Agricultural Entity” shall refer to any person, whether natural or
juridical, who is involved in agricultural activities.

d.) “Buffer Zone” shall refer to an identified area/zone within and
around the boundaries of farms and plantations that need special
monitoring to avoid or minimize harm to the environment and
inhabitants from the use of hazardous substances. It must be planted
with diversified trees.

¢.) “Global Positioning System Survey” shall refer to a survey plan to
be made with the aid of Global Positioning System showing the metes
and bounds of each agricultural farm/plantation that shall be
submitted to the Office of the Mayor of the municipality/city which
has jurisdiction over concerned agricultural farms/ plantations.

{.) “Hazardous Substances” shall refer to substances which present
either:

a. Short-term acute hazards, such as acute toxicity by indigestion,
inhalation or skin absorption, or other skin or eye contact
hazards, or the risk of fire or explosion; or

b. 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
detoxification process, such as biodegradation, the potential to
pollute underground or surface waters, or aesthetically
objectionable properties such as offensive odors; or

c. Those substances which the Fertilizer and Pesticides Authority
(FPA) under the Department of Agriculture and other
government agencies concerned will identify as hazardous.

g.) “Imminent Hazard” shall mean 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 a species declared endangered
by the appropriate authorities.

h.) “Persistent Organic Pollutant” shall refer to the organic
compounds, which resist photolytic, chemical and_ biological
degradation, that persist in the environment, bio-accumulate through
the food web, and pose a risk of causing adverse effects to human
health and the environment. “Persistent Organic Pollutants” include,

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among others, dioxin, foran, polychlorinated biphenyls (PCBs), and
organochlorine pesticides (such as Aldrin, dieldrin, DDT,
hexachlorobenzene, lindane, toxaphere, and chlordane).

i.) “Pest” shall mean any form of plant of animal life, or any pathogenic
agent, injurious or potentially injurious to plants or plant products.

j.) “Pesticide” shall refer to any substance or product, or a mixture
thereof, including active ingredients, adjuvants and _ pesticide
formulations, intended to control, prevent, destroy, repel or mitigate,
directly or indirectly, any pest. The term “pesticide” shall be
understood to include insecticide, fungicide, bactericide, nematocide,
herbicide, molluscicide, avicide, rodenticide, plant regulator, defoliant,
desiccant, and the like.

k.) “Toxicity” shall mean a physiological or biological property
determinative of the capacity of the chemical to do harm or produce
injury to a living organism through non-mechanical means.

SECTION 4. SCOPE AND PRESUMPTION. - The provision of this Act
shall apply to aerial spraying of pesticides in all agricultural activities:
Provided, that the use of an aircraft to spray substances near or above an
agricultural plantation is a prima facie presumption that such is engaged in
aerial spraying of pesticides: Provided, finally, that a person or entity
engaged in aerial spraying shall be presumed to be spraying hazardous
substances or persistent organic pollutant.

SECTION 5. BAN ON AERIAL SPRAYING OF PESTICIDES. - The act
of aerial spraying of pesticides, hazardous substances, and persistent
organic pollutants is hereby declared as contrary to law and, thus,
prohibited in all agricultural plantations three (3) months after the effectivity
of this Act.

SECTION 6. WHO MAY BE HELD LIABLE. - Any person, natural or
juridical, who shall be engaged in the practice of aerial spraying as a method
of applying pesticides, 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 head in
the case of any other juridical entity or any other person acting in their
behalf. In the case of corporation, the 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 (50) hectares and above

shall observe the following;
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1. A 40-meter buffer zone shall be established between the plantations
and critical areas, such as recharge zones, critical slopes, riverbanks,
rivers, springs, wells, and other sources of water; and

2. A 30-meter buffer zone shall be established between the plantation
and residential houses, schools, clinics, chapels, and other
institutions; provided, that the existing plantations, upon the
effectivity of this Act, shall provide for the relocation of those inside
the plantation and within the buffer zone to a suitable site at its own
expense.

SECTION 8. IMPLEMENTING AGENCIES. - The Fertilizer and
Pesticides Authority (FPA), created by virtue of Presidential Decree 1144,
attached to the Department of Agriculture shall be the primary government
agency responsible for the implementation and enforcement of this Act.

Provided, That the Department of Environment and Natural Resources
- Environmental Management Board (DENR-EMB) shall conduct quarterly
monitoring, in coordination with the established municipality/city-based
monitoring team, to ensure compliance with P.D. No. 1586 otherwise known
as “The Philippine Environmental Impact Statement System (PEISS)”.

Provided, further, That 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.

Provided, finally, That the Department of Interior and Local
Government (DILG) through the Office of the Governor of each Province or
the Office of the City Mayor of each highly urbanized or chartered city where
such farm/plantation is located shall be responsible in monitoring to ensure
compliance of this Act. Provided, further, that the Provincial Governor or
City Mayor shall form municipality/city-based monitoring teams from
among farmers/farmworkers’ organization, environment _ protection
advocates, civil society organization, religious organization, and youth
organization. The municipal/city mayor, municipal/city agriculturist,
municipal/city health officer, community environmental officer, and the
municipality/city chief of police shall be automatic members of the
monitoring team.

The municipality/city-based monitoring teams shall have inspectoral
powers with respect to compliance under Section 7 of this Act.

SECTION 9. DOCUMENTATION/INVENTORY. ~ The municipality /city-
based monitoring team shall have a record of, but not limited to, the
following:

1. Agricultural farms/ plantations:

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a. Number of agricultural farms/ plantations within their territorial
jurisdiction;

b. GIS Maps of the location of these agricultural farms
/plantations;

c. Area covered by these agricultural farms / plantations;

d. If there are communities within a 1 kilometer radius of the
agricultural farms/plantations, a record of the population
residing therein;

e. List of chemicals being used and frequency or schedule of
applications; and

f, Main crop produced by these agricultural farms/plantations.

2. Agricultural farms/plantations engaged in aerial spraying or have
been engaged in the business of providing aerial spraying services
before the enactment of this Act:

a. Aircrafts used in aerial spraying which shall include;
i, Brief distinctive description of the aircraft;
Engine manufacturer's identification number; and
iii, Company logo.
b. Location of the hangar; and
c. Other relevant information/description.

SECTION 10. ADMINISTRATIVE FINES. - Upon the motu proprio
finding of the Fertilizer and Pesticides Authority, based on the report of
the Municipality/City-based monitoring team, and its corresponding
recommendation to the Secretary of the Department of Agriculture, the
following administrative fines shall be imposed for every day of aerial
spraying of pesticides;

1. In violation of Section 5 and in relation to the presumption in Section.
4 of this Act:

a. An administrative fine of not less than fifty thousand Philippine
pesos (P50,000.00) but not more than one hundred thousand
Philippine pesos (P100,000.00) upon the owner of the plantation
or the person who actually commissioned the aerial spraying of
pesticide

b. An administrative fine of not less than twenty thousand Philippine
pesos (P20,000.00) but not more than fifty thousand 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 of the aircraft, and the professional
license, in case of the aircraft pilot, for a period of not less than one
(1) month or until cessation of aerial spraying of pesticides.



2. In violation 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 in violation of Section 5 and in relation to the presumption in
Section 4 of this Act;

1. The penalty of prision mayor shall be imposed upon the owner of the
plantation or the person who actually commissioned the aerial
spraying. Provided, That in case of juridical persons, such penalty
shall be imposed in relation to Section 7 of this Act.

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

The aircraft and other equipment used in violation of Section Sof this Act
shall be subject to forfeiture under Article 45 of Act No. 3815 otherwise
known as “The Revised Penal Code”.

‘The filing 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 of the aerial spraying of pesticides.

SECTION 12. IMPLEMENTING RULES AND REGULATIONS. -
Within sixty (60) days from the effectivity of this Act, the Department of
Agriculture, through the Fertilizer and Pesticides Authority, shall formulate
and issue the Implementing Rules and Regulations of this Act in
coordination with the DILG, DENR-EMB, and DOH.

SECTION 13. REPEALING CLAUSE. - All laws or parts of any law
inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

SECTION 14. SEPARABILITY CLAUSE. - If any provision of this Act
is held invalid or unconstitutional, the other provisions not affected thereby

shall continue to be valid and operational.

SECTION 15. EFFECTIVITY CLAUSE. - This Act shall take effect
fifteen (15) days after the completion of its publication in the Official Gazette
or in two (2) newspapers of general circulation.

Approved,