International Service for the Acquisition of Agri-Biotech Applications, Inc., et.al. vs. Greenpeace Southeast Asia (Philippines), et.al. (G.R. Nos. !"#$, !"#%, !"&!$ an' !"&!) *ece+er !$ A/0S1 In 1991, NCBP formulated the Philippine Biosafety Guidelines which governs the regula regulati tion on of the import importati ation on or introd introducti uction, on, moveme movement nt and field field releas releasee of potent potential ially ly hazardous iological materials in the Philippines! "he same was followed y the Guidelines on Planned #elease of Genetically $anipulated %rganisms &G$%s' and Potentially (armful )*otic +pecies &P()+'! International +ervice for the c-uisition of gri.Biotech pplications, Inc! &I+', /niv /niver ersi sity ty of the the Phili Philippi ppines nes 0os 0os Baos Baos 2ound 2oundat atio ion, n, Inc! Inc! &/P0 &/P0B2 B2I' I' and and /P $ind $indan anao ao 2ound 2oundat atio ion, n, Inc! Inc! &/P$ &/P$2I 2I'' e*ec e*ecut uted ed a $emo $emoran randu dum m of /nde /ndert rta3i a3ing, ng, in pursu pursuanc ancee of a collaorative research and development pro4ect on eggplants that are resistant to the fruit and shoot orer! Greenpeace, $+IPG and individual respondents filed a petition for writ of 3ali3asan and writ of continuing mandamus with prayer for the issuance of "emporary )nvironmental Protection %rder &")P%' alleging that the Bt talong field trials &"he crystal to*in genes from the soil acterium Bacillus acterium Bacillus thuringiensis &Bt' thuringiensis &Bt' were incorporated into the eggplant genome to produce the protein CrylAc which CrylAc which is to*ic to target insect pests!' violate their constitutional right to health and a alanced ecology considering that the re-uired )nvironmental Compliance Certificate &)CC' under P5 1161 was not secured prior to the pro4ect implementation and that there is no independent, peer.reviewed study on the safety of Bt talong for human consumption and the environment! 7hile the respondents contend that all environmental laws were complied with, including including pulic consultations consultations in the affected communities communities and that the Bt talong talong pro4ect pro4ect is not covered y the Philippine )nvironmental Impact +tatement 0aw ISS23S1 7hether 7hether the law on environm environment ental al impact impact statem statement ent8as 8asses sessme sment nt applie appliess on pro4ects involving the introduction and propagation of G$%s in the country
R24ING1 es! es! )% 61: mandates that concerned departments and agencies, most particularly petitioners 5)N#.)$B, BPI and 2P, 2P, to ma3e a determination whether the )I+ system should apply to the release of G$%s into the environment and issue 4oint guidelines on the matter! ll government agencies as well as private corporations, firms and entities who intend to underta3e activities or pro4ects which will affect the -uality of environment are re-uired to prepare a detailed )nvironmental Impact +tatement &)I+' prior to underta3ing un derta3ing such development activity! n environmentally critical pro4ect &)CP' is considered y the )$B as ;li3ely to have significant adverse impact that may e sensitive, irreversile and diverse< and which ;include activities that have significant environmental conse-uences!< In this this conte*t conte*t,, and given given the overwhel overwhelmi ming ng scient scientifi ificc attent attention ion worldw worldwide ide on the potential hazards of G$%s to human health and the environment, their release into the environment through field testing would definitely fall under the category of )CP!
