The Court of Appeals (CA) has set aside the August 29, 2007 order of a Quezon City court stopping the Department of Agriculture (DA) and the Bureau of Plant Industry (BPI) from approving the application of Bayer Crop Science, Inc (Bayer) to bring and use in the Philippines Liberty Link Rice 62 (LLRice62), a genetically modified rice variety in food, feeds and processing.

In a decision written by Associate Justice Vicente S. E. Veloso, the CA’s Fourth Division dissolved the injunction issued by Quezon City Judge Evangeline C. Castillo-Marigomen after finding that environment advocate Greenpeace Philippines led by Von Hernandez failed to establish a clear and positive right which should be judicially protected through the writ of injunction. Associate Justices Andres B. Reyes Jr., and Marlene Gonzales-Sison concurred in the decision.

In his petition for prohibition, mandamus, injunction and temporary restraining order Hernandez claimed that the Bayer rice variant is not fit for human consumption without offering any proof.

He also asked the trial court to declare as unconstitutional provisions on public consultation of DA Order No. 8 for violating the people’s right to health, balanced ecology and the right to information on matters of public concern.

The DA order provides for the rules and regulation for the importation and release into the environment of plants and plant products from the use of modern biotechnology.

The petition was filed while BPI, which regulates the entry of rice variants in the country was in the process of evaluating Bayer’s application whether LLRice62 is safe for human and animal consumption as well as its effect on the environment.

Hernandez claimed they were denied information with regards to LLRice62 but the CA junked their claim considering that they were able to oppose Bayer’s application for the use of genetically modified rice seeds and get information from the BPI and DA as well.