PHA-Exch> Harassment Suit Dismissed Dr Quijano (PHM) Philippines

[Claudio Schuftan]

   From:    wim.deceukelaire at intal.be

A victory of the people's struggle vs. toxic chemicals:
Banana plantation suit against activist doctor and daughter dismissed!

After seven years of patiently enduring the legal action brought against
them by the Lapanday Agricultural and Development Corporation (Ladeco),
Dr. Romeo Quijano, president of Pesticide Action Network Philippines,
and his daughter Ilang-Ilang were finally acquitted of a civil case of
P5.5 million worth of damages.

In the decision, a copy of which was auspiciously received by PAN
Philippines on Human Rights Day, December 10,  Judge Renato Fuentes of
Branch 11 of the Regional Trial Court in Davao City concluded that: " In
the final analysis, however, the evidence of plaintiff corporation as
found, there is apparently no convincing proof, the subject publication
devoid of criminal prosecution for libel as already established, do not
prove in a separate civil action filed, any malicious intent of
defendants against the plaintiff corporation, to produce an action for
damages… WHEREFORE, finding the cause of action of plaintiff corporation
against the defendants not proved by sufficient preponderance of
evidence is DENIED and this case ordered DISMISSED " (sic). The judge,
however, denied the claim of the defendants for moral damages but
instead ordered the corporation to pay a ridiculously small amount of
only P50,000.00 to the defendants for attorney's fees. The defendants,
in fact, had incurred more than P300,000.00 in legal costs.

The case stemmed from the article "Poisoned Lives", written by Dr.
Quijano and his daughter about the health and environmental effects of
pesticide poisoning in Kamukhaan, a village adjacent to Ladeco's banana
plantation in Digos, Davao del Sur. It was published in the defunct
Philippine Post in 2000. The initial criminal libel case filed by the
company against the authors, editors and publishers was dismissed in
2002 but the civil case, filed separately, continued. The case captured
the attention of the international community and became a rallying point
in the campaign of Pesticide Action Network against toxic chemicals.
(Visit http://www.healtoxics.org/cbm/kemukhaan%20report.pdf for a copy
of "Poisoned Lives")

Reacting to the dismissal, Dr. Quijano stated: " I am relieved that this
harassment suit has been dismissed at the Regional Trial Court. I
deplore the fact, however, that this patently malicious suit was allowed
to prosper and linger for several years. I hope this harassment will
stop at this level and not proceed to the higher courts. An ordinary
community resident facing this same predicament would not have the
capacity to endure this grossly unjust judicial system. The struggle for
people's welfare is not finished. This is not just about winning a case.
This is more about  winning the people's struggle against oppressive
social structures that allow corporations like Ladeco to exploit and
poison people in poor communities like Kamukhaan. I sincerely thank all
those who supported us in this court case and urge them to continue
supporting the struggle for social justice."

Dr. Quijano said that PAN Philippines and it's allied people's
organizations will continue to expose and oppose pesticides use in
banana plantations expanding all over Mindanao. He said that the
export-oriented cash crop business, contrary to the government's claim
that it is good for the economy, is wreaking havoc on communities.

Ladeco is owned by the Lorenzo family, including former Department of
Agriculture secretary Cito Lorenzo, a close ally of Pres. Gloria
Macapagal-Arroyo.###
For more information, contact:
Ilang-ilang Quijano, email: ilangq at yahoo.com
Romeo F. Quijano, email: romyquij at yahoo.com
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