Case Digest (G.R. No. 190582) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In December 2010 the University of the Philippines Los BaAos Foundation, Inc. (UPLB-FI), the International Service for the Acquisition of Agri-Biotech Applications, Inc. (ISAAA), and UP Mindanao Foundation executed an MOU to develop Bt talong, an eggplant genetically modified with cry1Ac toxin from *Bacillus thuringiensis* to resist the fruit-and-shoot borer. After contained experiments cleared by the National Committee on Biosafety of the Philippines (NCBP) in March 2009, the Bureau of Plant Industry (BPI) issued Biosafety Permits for multi-location field trials (Bay Laguna; Sta. Maria, Pangasinan; Kabacan, Cotabato; Pili, Camarines Sur; Bago Oshiro, Davao City) in March–June 2010. On April 26, 2012, Greenpeace Southeast Asia (Philippines), MASIPAG (a farmer coalition), public officials and individuals petitioned the Supreme Court for a writ of kalikasan and continuing mandamus with a Temporary Environment Protection Order to halt all Bt talong field trials and compel broad reg Case Digest (G.R. No. 190582) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties
- Petitioners
- International Service for the Acquisition of Agri-Biotech Applications, Inc. (ISAAA) – promoter of agricultural biotechnology, including Bt eggplant (“Bt talong”).
- Bureau of Plant Industry (BPI), Fertilizer and Pesticide Authority (FPA), Environmental Management Bureau (EMB) – Department of Agriculture (DA) and Department of Environment and Natural Resources (DENR) agencies issuing permits for biotech field trials.
- University of the Philippines Los Baños (UPLB) and UPLB Foundation, Inc. – project proponents for Bt talong trials.
- Respondents
- Greenpeace Southeast Asia (Philippines), MASIPAG, legislators, scientists, local officials – filed petition for writ of kalikasan and continuing mandamus to enjoin Bt talong trials.
- Regulatory Background
- 1977–1981: PD 1151 and PD 1586 established the Philippine Environmental Impact Statement (EIS) System and identified “environmentally critical” projects/areas requiring Environmental Compliance Certificates (ECCs).
- 1990: EO 430 created the National Committee on Biosafety of the Philippines (NCBP) to formulate biosafety policies and guidelines for contained biotechnology research.
- 1998: NCBP issued guidelines on the deliberate release of GMOs and potentially harmful exotic species.
- 2002: DA AO 8/2002 transferred regulation of GMO field testing from NCBP to BPI; defined stages—contained use, field testing, propagation.
- 2003: Philippines ratified the Cartagena Protocol on Biosafety.
- 2006: EO 514 established the National Biosafety Framework (NBF), strengthening NCBP, mandating transparency, public participation, precautionary approach, and coordination with EIS requirements.
- Bt talong Project and Dispute
- 2010–2012: BPI issued biosafety permits for multi-locational Bt talong trials at five sites (Laguna, Pangasinan, Camarines Sur, North Cotabato, Davao).
- Local objections: lack of ECC under PD 1586; inadequate public consultation; potential contamination of non-GMO eggplant; health and environmental risks.
- April 2012: Respondents petitioned for writ of kalikasan and continuing mandamus, seeking to stop field trials, uproot planted Bt talong, compel DA/BPI to comply with EIS Law, conduct independent risk assessments, and amend the biosafety framework.
- May 2012: Supreme Court issued writ of kalikasan; parties filed returns and defenses, arguing full compliance with DA AO 8, non-applicability of EIS Law, lack of standing, mootness, and adequacy of risk assessments.
- CA proceedings (2012–2013): CA held respondents had standing, controversy was justiciable and not moot, applied “hot-tub” expert hearing, and granted the petition in May 2013, enjoining further Bt talong trials and ordering environmental restoration.
Issues:
- Standing of respondents to invoke writ of kalikasan.
- Mootness of the controversy due to expiration/termination of field trial permits.
- Applicability of Philippine EIS System (PD 1151, PD 1586) to GMO field testing.
- Violation of doctrines of primary jurisdiction and exhaustion of administrative remedies.
- Compliance with EO 514’s National Biosafety Framework requirements (public participation, transparency, precautionary approach).
- Validity of DA AO 8/2002 under the Constitution, Cartagena Protocol, and EO 514.
- Proper application of the precautionary principle (Rule 20, Rules of Procedure for Environmental Cases).
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)