CA ruling stops imports of Bt talong, golden rice

MANILA, Philippines — The importation of regulated genetically modified organisms (GMO) except for Bt talong and golden rice would continue as they are not covered by the recent decision of the Court of Appeals, according to the Department of Agriculture.

DA Undersecretary Asis Perez has issued a memorandum instructing Bureau of Plant Industry (BPI) director Gerald Glenn Panganiban to stop issuing any sanitary and phytosanitary import clearance (SPSIC) that would allow the entry of Bt talong and golden rice in the country following the ruling of the appellate court.

However, Perez ordered BPI to continue issuing SPSICs for all other commodities except for the two regulated products covered by the CA decision to protect the country’s borders from SPS threats.

An SPSIC certifies that an imported product is safe to human, animal or plant life and health.

BPI, an attached agency of the DA, oversees the regulation of all plant materials, including GMOs, in the country.

Aside from Bt talong and golden rice, some of the other genetically modified crops regulated by the BPI are corn, oilseed rape, soybean, canola, alfalfa and potato.

Perez issued the memorandum more than a week after the CA granted a writ of kalikasan to the Magsasaka at Siyentipiko para sa Pag-unlad Agrikultura, Greenpeace Southeast Asia-Philippines and other environmental groups, citing potential risks of the Bt talong and golden rice to the environment and public health.

The CA issued a cease and desist order directing the University of the Philippines-Los Baños and the Philippine Rice Research Institute to stop the commercial propagation of the two genetically modified crops.

“It is the view of this office that the case applies only to the two regulated articles, we believe that to think otherwise, is likely to constitute violation of due process with respect to individuals and entities who are likely to be affected but not parties to the case,” Perez said.

Furthermore, the memorandum asked the BPI to heed the CA ruling despite Perez’ office viewing the decision as “not yet final and executory” so that it won’t violate the court order.

Citing Rule 7, Section 16 of the Rules of Procedure for Environmental Cases, Perez, who is a lawyer, said the ruling could still be appealed.

“It is the view of this office that the same is not yet final and executory,” he said in the memorandum, a copy of which was obtained by The STAR.

“However, while this is our position, for practical and convenient reasons, this Office deemed it best to advise you not to proceed with any action that might violate the Order of the Court once the same becomes final and executory,” he added.

In an earlier statement, the DA said the CA ruling against Bt talong and golden rice would have “significant” implications on the country’s food security.

The department added that the government is already exploring regal remedies regarding the CA order.