H.E. BENIGNO SIMEON C. AQUINO III
President
Republic of the Philippines
New Executive Building
Malacañang Palace Compound J. P. Laurel St,
San Miguel, Manila
ATTENTION: HON. PACQUITO OCHOA, JR.
Executive Secretary
Office of the President
SEC. RAMON PAJE, CESO1
Department of Environment and Natural Resources
Re: REPEAL EXECUTIVE ORDER 807! – Lifting Limits to Hectarage on
Banana Plantation Expansions
Dear Mr. President,
Mabuhay!
We, the undersigned representatives from environmental NGOs, POs, LGUs, sectors and concerned individuals in Davao region, are writing to you in reference to EO 807 issued by your predecessor, former President Gloria Macapagal Arroyo last 08 June 2009. EO 807 lifted the limit of hectarage for export banana plantations allowing these to expand without any restriction. The said EO amended the Letter of Instruction (LOI) 790 issued by former President Ferdinand Marcos in January 6, 1979 which mandated that agricultural areas planted to export banana crops should only be limited to 26,250 hectares.
After careful study and discussion conducted with legal consultants, we found out that EO 807 clearly violates the Rule set by the 1987 Constitution. To recall, the Letters of Instruction which were issued by virtue of the Martial Law powers of the late President Ferdinand are considered as legislation. Thus, it cannot be repealed by a mere Executive Order under the 1987 Constitution. It must also be pointed out that during President Arroyo's administration; she had no legislative power to amend the LOI because that power belongs to the Philippine Congress which has already been operative since the time of the ratification of the 1987 Constitution.
Furthermore, an Executive Order under the 1987 Constitution is not a law; the President was not given the power to deal with how lands of the public domain are to be utilized, except perhaps when the President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development and utilization of minerals, petroleum and other mineral oils according to the general terms and conditions provided by law, which is in sec. 2, Article XII of the 1987 Constitution. The matter of determining how natural resources, which necessarily include lands, will be explored, developed and utilized rests with the State, and not with the President.
We recognize the fact that, at present, agricultural areas being planted with export bananas exceed the limit set by LOI 58. However, we cannot just sit down and allow banana plantations to continuously plague watersheds and areas planted for local food production. EO 807 repealing LOI 58 is tantamount to further opening up the lands of the public domain for banana plantations.
Consequently, we firmly believe that there is an urgent need for the national government to act on this. We urge for the repeal of EO 807 due to its unconstitutionality. We further call for setting the limit on export banana plantation expansion in the country and prioritize development of areas for local food production to ensure food security for the majority of the Filipinos.
We do hope for your positive response on this matter.
For inquiries, please contact Lia Jasmin M. Esquillo of Interface Development Interventions (IDIS) at 082 299 4552.
SIGNATORIES:
Lia Jasmin M. Esquillo Interface Development Interventions (IDIS)
263 Circle A, Ecoland Phase 1, Davao City
Dominador Lopez Watershed Management Coordinating Council (WMCC)
Community Relations Office, DCWD Building
Lanang, Davao City
Dagohoy Magaway Mamamayan Ayaw sa Aerial Spray
c/o 263 Circle A, Ecoland Phase 1, Davao City
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