The dismissal of a complaint filed by Tagum Agricultural Development Company against a group of persons whom it accused of destroying steel swing beams it installed as part of its bio-security measures appeared to have overlooked a Bureau of Plant order in 2012 that ordered the putting up of quarantine measures against the threat of fusarium wilt.
Industry sources who asked not to be identified, underscored this Friday, saying the BPI order has not been annulled or superseded.
On Wednesday, Rayme S. Ladao, the station manager of the BPI’s quarantine services in Davao City confirmed that the order remains in force.
He said there was no superseding order although there is an ongoing effort to amend the order to allow the movement or entry of planting materials in the region.
The BPI ordered issued in 2012 ordered the putting up of quarantine measures for six Mindanao provinces, Davao del Norte included, with checkpoints as part of the measures.
The order also spelled out penalties for violations. Subsequently, the provincial board of Davao del Norte crafted an ordinance on quarantine protocols for all banana growers in the province.
Industry sources said the prosecutor’s resolution glossed over both the BPI order and the ordinance.
The case for malicious mischief filed by Tadeco stemmed from an incident on March 5,2018 when a group of persons aboard a convoy of vehicles dismantled Tadeco’s steel swing beams, triggering the filing of the case against eight persons and 12 John Does.
But in a resolution issued on June 11, 2018, the provincial prosecutor’s office dismissed the case of lack of probable cause. It added that the elements of grave coercion were likewise absent.
It said the appropriate case to be filed against the respondents should have been a civil case for damages.
It is not known if Tadeco will appeal the case or not.
