2. MOSQUEDA v. PILIPINO BANANA GROWERS AND EXPORTERS ASSOCIATION, INC.

 They alleged that the ordinance exemplified the unreasonable exercise of

G.R. No. 189185 police power
August 16, 2016 o violated the equal protection clause
Topic: NATRES – Quasi – Judicial Bodies o amounted to the confiscation of property without due process of law
Petitioners: WILFREDO MOSQUEDA, MARCELO VILLAGANES, JULIETA LAWAGON, lacked publication pursuant to Section 511 of Republic Act No. 7160
CRISPIN ALCOMENDRAS, CORAZON SABINADA, VIRGINIA CATA-AG, FLORENCIA (Local Government Code).
SABANDON, and LEDEVINA ADLAWAN  The residents living within and adjacent to the banana plantations in Davao
CITY GOVERNMENT OF DAVAO City filed by Wilfredo Mosqueda, joined by other residents of Davao City,
Respondents: PILIPINO BANANA GROWERS & EXPORTERS ASSOCIATION, INC., (Mosqueda, et al.) submitted their Motion for Leave to Intervene and
DAVAO FRUITS CORPORATION, and LAPANDAY AGRICULTURAL AND Opposition to the Issuance of a Preliminary Injunction.
DEVELOPMENT CORPORATION  RTC granted their motion and the prayer for issuance of the writ of
COURT OF APPEALS, PILIPINO BANANA GROWERS & EXPORTERS ASSOCIATION preliminary injunction, and subsequently issued the writ.
(PBGEA), DAVAO FRUITS CORPORATION, and LAPANDAY AGRICULTURAL AND  RTC: After trial, the RTC ruled in favor of petitioners Mosqueda, et al. and
DEVELOPMENT CORPORATION City of Davao. It declared the ordinance as valid and constitutional.
Ponente: BERSAMIN, J o City of Davao had validly exercised police power under the General
Welfare Clause of the Local Government Code
RECIT – READY: Davao City passed ordinance prohibiting use of aerial sprays for o that the ordinance, being based on a valid classification, was consistent
pesticides. Respondents herein assails it constitutionality for violation of the due with the Equal Protection Clause
process clause and invalid exercise of police power. SC HELD ordinance is o that aerial spraying was distinct from other methods of pesticides
unconstitutional. Please read ratio. application because it exposed the residents to a higher degree of
health risk caused by aerial drift
o the ordinance enjoyed the presumption of constitutionality, and could
DOCTRINE: Local Government Code vests the municipal corporations with sufficient be invalidated only upon a clear showing that it had violated the
power to govern themselves and manage their affairs and activities however, such Constitution
right must be in consonance with the State's laws and policy.  CA: On appeal, the CA reversed the RTC decision and held that the ordinance
is unconstitutional.
FACTS: o Section 5 of Ordinance No. 0309-07 as void and unconstitutional for
 The Sangguniang Panlungsod of Davao City enacted Ordinance No. 0309, being unreasonable and oppressive
Series of 2007, to impose a ban against aerial spraying as an agricultural o The three-month transition period impractical and oppressive in view of
practice by all agricultural entities within Davao City. the engineering and technical requirements of switching from aerial
 City Mayor Rodrigo Duterte approved the ordinance on February 9, 2007 spraying to truck-mounted boom spraying
which took effect on March 23, 2007 after its publication in the newspaper o The ban violates the Equal Protection Clause - Section 3(a) of the
Mindanao Pioneer. ordinance did not make reasonable distinction between the hazards,
 Pursuant to Section 5 of the ordinance, the ban against aerial spraying would safety and beneficial effects of liquid substances that were being applied
be strictly enforced three months thereafter. aerially on the different classes of pesticides or fungicides
 The Pilipino Banana Growers and Exporters Association, Inc. (PBGEA) and two o The levels of concentration of these substances that could be beneficial
of its members, namely: Davao Fruits Corporation and Lapanday Agricultural and could enhance agricultural production.
and Development Corporation (PBGEA, et al.), filed their petition in the RTC o There is no established relation between the purpose of protecting the
to challenge the constitutionality of the ordinance, and to seek the issuance public and the environment against the harmful effects of aerial
of provisional reliefs through a temporary restraining order (TRO) and/or writ spraying, on one hand, and the imposition of the ban against aerial
of preliminary injunction. spraying of all forms of substances, on the other
 o The maintenance of the 30-meter buffer zone within and around the local government unit the blanket authority to legislate upon any subject that
agricultural plantations under Section 6 constituted taking of property it finds proper to legislate upon in the guise of serving the common good.
without due process because the landowners were compelled to cede
portions of their property without just compensation  The function of pesticides control, regulation and development is within the
o The exercise of police power to require the buffer zone was invalid jurisdiction of the FPA under Presidential Decree No. 1144. The FPA was
because there was no finding that the 30-meter surrounding belt was established in recognition of the need for a technically oriented government
obnoxious to the public welfare entity that will protect the public from the risks inherent in the use of
 Ordinance No. 0309-07 was unconstitutional because of the absence of a pesticides. To perform its mandate, it was given under Section 6 of
separability clause. Presidential Decree No. 1144 the following powers and functions with respect
 City of Davao and intervenors filed their respective motions. Theses cases to pesticides and other agricultural chemicals.
were consolidated hence, this petition for review on certiorari.  In enacting Ordinance No. 0309-07 without the inherent and explicit authority
to do so, the City of Davao performed an ultra vires act. As a local government
ISSUE: unit, the City of Davao could act only as an agent of Congress, and its every act
should always conform to and reflect the will of its principal.
(1) WON the LGU can enact an ordinance designed to ensure the health and  As such, its ordinance cannot run against or contravene existing laws, precisely
lives of its constituents because its authority is only by virtue of the valid delegation from Congress.
(2) WON the ordinance passed by Davao is unconstitutional  Ordinance No. 0309-07 proposes to prohibit an activity already covered by the
jurisdiction of the FPA, which has issued its own regulations under its
HELD: Memorandum Circular No. 02.
 Although Memorandum Circular No. 02 and Ordinance No. 0309-07 both
(1) YES. The City of Davao has the authority to enact pieces of legislation that require the maintenance of the buffer zone, they differ as to their treatment
will promote the general welfare, specifically the health of its and maintenance of the buffer zone. Under Memorandum Circular No. 02, a
constituents. However, such authority should not be construed as a 50-meter "no-spray boundary" buffer zone should be observed by the spray
valid license for the City of Davao to enact any ordinance it deems fit to pilots, 193 and the observance of the zone should be recorded in the Aerial
discharge its mandate. Spray Final Report (ASFR) as a post-application safety measure. 194 On the
other hand, Ordinance No. 0309-07 requires the maintenance of the 30-meter
 Section 5 (c) of the Local Government Code accords a liberal interpretation to buffer zone to be planted with diversified trees.
its general welfare provisions. The policy of liberal construction is consistent
with the spirit of local autonomy that endows local government units with  Devoid of the specific delegation to its local legislative body, the City of
sufficient power and discretion to accelerate their economic development and Davao exceeded its delegated authority to enact Ordinance No. 0309-07.
uplift the quality of life for their constituents. Hence, Ordinance No. 0309-07 must be struck down also for being an ultra
 However, the power to legislate under the General Welfare Clause is not vires act on the part of the Sangguniang Bayan of Davao City.
meant to be an invincible authority.
 Although the Local Government Code vests the municipal corporations with (2) YES. THE ORDINANCE IS UNCONSTITUTIONAL.
sufficient power to govern themselves and manage their affairs and activities,
they definitely have no right to enact ordinances dissonant with the State's a. Ordinance No. 0309-07 violates the Due Process Clause
laws and policy. The Local Government Code has been fashioned to delineate
the specific parameters and limitations to guide each local government unit in  A valid ordinance must not only be enacted within the corporate powers of
exercising its delegated powers with the view of making the local government the local government and passed according to the procedure prescribed by
unit a fully functioning subdivision of the State within the constitutional and law. 108 In order to declare it as a valid piece of local legislation, it must also
statutory restraints. The Local Government Code is not intended to vest in the comply with the following substantive requirements, namely: (1) it must not
contravene the Constitution or any statute; (2) it must be fair, not oppressive;
 (3) it must not be partial or discriminatory; (4) it must not prohibit but may responsibilities imposed. It requires public bodies and institutions to treat
regulate trade; (5) it must be general and consistent with public policy; and (6) similarly situated individuals in a similar manner. The guaranty of equal
it must not be unreasonable. protection secures every person within the State's jurisdiction against
intentional and arbitrary discrimination, whether occasioned by the express
 In the State's exercise of police power, the property rights of individuals may terms of a statue or by its improper execution through the State's duly
be subjected to restraints and burdens in order to fulfill the objectives of the constituted authorities. The concept of equal justice under the law demands
Government. A local government unit is considered to have properly exercised that the State governs impartially, and not to draw distinctions between
its police powers only if it satisfies the following requisites, to wit: (1) the individuals solely on differences that are irrelevant to the legitimate
interests of the public generally, as distinguished from those of a particular governmental objective.
class, require the interference of the State; and (2) the means employed are
reasonably necessary for the attainment of the object sought to be  Equal treatment neither requires universal application of laws to all persons or
accomplished and not unduly oppressive. The first requirement refers to the things without distinction, nor intends to prohibit legislation by limiting the
Equal Protection Clause of the Constitution; the second, to the Due Process object to which it is directed or by the territory in which it is to operate. The
Clause of the Constitution. guaranty of equal protection envisions equality among equals determined
 Substantive due process requires that a valid ordinance must have a sufficient according to a valid classification. If the groupings are characterized by
justification for the Government's action. This means that in exercising police substantial distinctions that make real differences, one class may be treated
power the local government unit must not arbitrarily, whimsically or and regulated differently from another. A valid classification must be: (1)
despotically enact the ordinance regardless of its salutary purpose. So long as based on substantial distinctions; 2) germane to the purposes of the law; (3)
the ordinance realistically serves a legitimate public purpose, and it employs not limited to existing conditions only; and (4) equally applicable to all
means that are reasonably necessary to achieve that purpose without unduly members of the class.
oppressing the individuals regulated, the ordinance must survive a due
process challenge  The reasonability of a distinction and sufficiency of the justification given by
the Government for its conduct is gauged by using the means-end test. This
 The impossibility of carrying out a shift to another mode of pesticide test requires analysis of: (1) the interests of the public that generally require
application within three months can readily be appreciated given the vast area its exercise, as distinguished from those of a particular class; and (2) the
of the affected plantations and the corresponding resources required therefor. means employed that are reasonably necessary for the accomplishment of the
purpose and are not unduly oppressive upon individuals. To determine the
 The establishment of the buffer zone is required for the purpose of minimizing propriety of the classification, courts resort to three levels of scrutiny, viz.: the
the effects of aerial spraying within and near the plantations. Although Section rational scrutiny, intermediate scrutiny and strict scrutiny.
3 (e) of the ordinance requires the planting of diversified trees within the  The rational basis scrutiny (also known as the rational relation test or rational
identified buffer zone, the requirement cannot be construed and deemed as basis test) demands that the classification reasonably relate to the legislative
confiscatory requiring payment of just compensation. A landowner may only purpose. The rational basis test often applies in cases involving economics or
be entitled to compensation if the taking amounts to a permanent denial of all social welfare, or to any other case not involving a suspect class.
economically beneficial or productive uses of the land. The respondents  The strict scrutiny review applies when a legislative classification
cannot be said to be permanently and completely deprived of their impermissibly interferes with the exercise of a fundamental right or operates
landholdings because they can still cultivate or make other productive uses of to the peculiar class disadvantage of a suspect class. The Government carries
the areas to be identified as the buffer zones. the burden to prove that the classification is necessary to achieve a compelling
state interest, and that it is the least restrictive means to protect such interest.
b. Ordinance No. 0309-07 violates the Equal Protection Clause  Applying the test, the established classification under Ordinance No. 0309-07
is to be viewed in relation to the group of individuals similarly situated with
 The constitutional right to equal protection requires that all persons or things respect to the avowed purpose. This gives rise to two classes, namely: (1) the
similarly situated should be treated alike, both as to rights conferred and classification under Ordinance No. 0309-07 (legislative classification); and (2)
 the classification based on purpose (elimination of the mischief). The are being grown therein. The arbitrariness of Section 6 all the more becomes
legislative classification found in Section 4 of the ordinance refers to "all evident when the land is presently devoted to the cultivation of root crops and
agricultural entities" within Davao City. Meanwhile, the classification based vegetables, and trees or plants slightly taller than the root crops and
on the purpose of the ordinance cannot be easily discerned because the vegetables are then to be planted. It is seriously to be doubted whether such
ordinance does not make any express or implied reference to it. We have to circumstance will prevent the occurrence of the drift to the nearby residential
search the voluminous records of this case to divine the animus behind the areas.
action of the Sangguniang Panglungsod in prohibiting aerial spraying as an  Section 6 also subjects to the 30-meter buffer zone requirement agricultural
agricultural activity. entities engaging in organic farming, and do not contribute to the occurrence
of pesticide drift. The classification indisputably becomes arbitrary and
 The four most common pesticide treatment methods adopted in Davao City whimsical.
are aerial, truck-mounted boom, truck-mounted mechanical, and manual  Evidently, the ordinance discriminates against large farmholdings that are the
spraying. However, Ordinance No. 0309-07 imposes the prohibition only only ideal venues for the investment of machineries and equipment capable of
against aerial spraying. aerial spraying. It effectively denies the affected individuals the technology
 The occurrence of pesticide drift is not limited to aerial spraying but results aimed at efficient and cost-effective operations and cultivation not only of
from the conduct of any mode of pesticide application. Even manual spraying banana but of other crops as well. The prohibition against aerial spraying will
or truck- mounted boom spraying produces drift that may bring about the seriously hamper the operations of the banana plantations that depend on
same inconvenience, discomfort and alleged health risks to the community aerial technology to arrest the spread of the Black Sigatoka disease and other
and to the environment. A ban against aerial spraying does not weed out the menaces that threaten their production and harvest. As earlier shown, the
harm that the ordinance seeks to achieve. In the process, the ordinance effect of the ban will not be limited to Davao City in view of the significant
suffers from being "underinclusive" because the classification does not include contribution of banana export trading to the country's economy.
all individuals tainted with the same mischief that the law seeks to eliminate.  The discriminatory character of the ordinance makes it oppressive and
A classification that is drastically underinclusive with respect to the purpose or unreasonable in light of the existence and availability of more permissible and
end appears as an irrational means to the legislative end because it poorly practical alternatives that will not overburden the respondents and those
serves the intended purpose of the law. dependent on their operations as well as those who stand to be affected by
 The imposition of the ban is too broad because the ordinance applies the ordinance.
irrespective of the substance to be aerially applied and irrespective of the
agricultural activity to be conducted.  The City of Davao argues that the ordinance is passed by virtue of
 The overinclusiveness of Ordinance No. 0309-07 may also be traced to its Precautionary Principle to prevent the spread of fungicide–related diseases.
Section 6 by virtue of its requirement for the maintenance of the 30-meter  Precaution is a risk management principle invoked after scientific inquiry takes
buffer zone. This requirement applies regardless of the area of the agricultural place. This scientific stage is often considered synonymous with risk
landholding, geographical location, topography, crops grown and other assessment. As such, resort to the principle shall not be based on anxiety or
distinguishing characteristics that ideally should bear a reasonable relation to emotion, but from a rational decision rule, based in ethics
the evil sought to be avoided. As earlier discussed, only large banana  It shall only be relevant if there is concurrence of three elements, namely:
plantations could rely on aerial technology because of the financial capital uncertainty, threat of environmental damage and serious or irreversible harm.
required therefor. In situations where the threat is relatively certain, or that the causal link
 The establishment and maintenance of the buffer zone will become more between an action and environmental damage can be established, or the
burdensome to the small agricultural landholders because: (1) they have to probability of occurrence can be calculated, only preventive, not
reserve the 30-meter belt surrounding their property; (2) that will have to be precautionary measures, may be taken. Neither will the precautionary
identified through GPS; (3) the metes and bounds of the buffer zone will have principle apply if there is no indication of a threat of environmental harm, or if
to be plotted in a survey plan for submission to the local government unit; and the threatened harm is trivial or easily reversible.
(4) will be limited as to the crops that may be cultivated therein based on the  These elements are not present in the case. To begin with, there has been no
mandate that the zone shall be devoted to "diversified trees" taller than what scientific study. Although the precautionary principle allows lack of full
 scientific certainty in establishing a connection between the serious or
irreversible harm and the human activity, its application is still premised on
empirical studies. Scientific analysis is still a necessary basis for effective policy
choices under the precautionary principle.

WHEREFORE, the Court DENIES the consolidated petitions for review on certiorari
for their lack of merit; AFFIRMS the decision promulgated on January 9, 2009 in
C.A.-G.R. CV No. 01389-MIN. declaring Ordinance No. 0309-07
UNCONSTITUTIONAL; PERMANENTLY ENJOINS respondent City of Davao, and all
persons or entities acting in its behalf or under its authority, from enforcing and
implementing Ordinance No. 0309-07; and ORDERS the petitioners to pay the
costs of suit.