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Greenpeace Southeast Asia V EMB DENR

The Court issued a writ to stop field trials and commercial production of genetically modified Bt eggplants in the Philippines. The eggplants had been genetically altered to produce their own pesticide using a gene from Bt bacteria. The Court applied the precautionary principle given the scientific uncertainty around the effects of Bt eggplant on human health and the environment. It directed respondents to cease Bt eggplant field trials and protect the environment. On reconsideration, the Court upheld its decision, finding the writs were justified.

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421 views2 pages

Greenpeace Southeast Asia V EMB DENR

The Court issued a writ to stop field trials and commercial production of genetically modified Bt eggplants in the Philippines. The eggplants had been genetically altered to produce their own pesticide using a gene from Bt bacteria. The Court applied the precautionary principle given the scientific uncertainty around the effects of Bt eggplant on human health and the environment. It directed respondents to cease Bt eggplant field trials and protect the environment. On reconsideration, the Court upheld its decision, finding the writs were justified.

Uploaded by

Pj Degollado
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Greenpeace Southeast Asia (Philippines) v.

Environmental Management Bureau of the


Department of Environment and Natural Resources
CA-G.R. SP NO. 00013 (May 17, 2013)
Court of Appeals

Summary: The Court issued the writ to stop the field trials and commercial products of
the genetically-modified Bacillus Thuringiensis (Bt) eggplants being done in various
parts of the country. Undergoing testing are eggplants which have been genetically
altered with a gene from the Bt bacteria which allow it to produce its own pesticide.

FACTS: 1. The petitioners alleged that government ministries failed to adopt sufficient
biosafety protocols for field trials and feasibility studies of genetically-modified
organisms, specifically talong (eggplant).
2. The petition also alleged that entities (primarily universities) failed to obtain an
environmental clearance certificate prior to conducting field trials of bt talong.
3. The court considered the question whether the field trials violated the constitutional
right of the people to a balanced and healthy ecology.
4. The court applied the precautionary principle, stating it is clear that there is no full
scientific certainty yet as to the effects of the bt talong field trials to the environment and
the health of the people. This is where the precautionary principle sets in which states
that, when human activities may lead to threats of serious and irreversible damage to the
environment that is scientifically plausible but uncertain, actions shall be taken to avoid
or diminish that threat. . . . It is in this light that this Court finds that the issuance of a writ
of kalikasan is warranted under the circumstances[.] Pages 19-20.

ISSUE: WON the writ of kalikasan and continuing writ of mandamus are warrantedYES

RATIO: With regard to the constitutional claim, the court explained: In the instant case,
the field trials of bt talong involve the willful and deliberate alterative of the genetic traits
of a living element of the ecosystem and the relationship of living organisms that rely on
each other for their survival. Consequently, the field trials of bt talong could not be

declared by this Court as safe to human health and to our ecology, with full scientific
certainty, being an alteration of an otherwise natural state of affairs in our ecology.
Pages 22-23.

The Court directed the respondents to: 1) permanently cease and desist from further
conducting bt talong field trials; and 2) protect, preserve, rehabilitate and restore the
environment. Page 24.
On a motion for reconsideration filed by government officials asking the Court to reverse
the ban, the Court upheld its decision in September 2013, stating the writ of kalikasan
and continuing writ of mandamus it had issued in favor of the petitioners were "justified
and warranted".

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