Mosqueda v Pilipino Banana Growers

FACTS: Sangguniang Panglungsod of Davao City enacted Ordinance 0309 s. 2007 imposing a ban
on aerial spraying as an agricultural practice by all agricultural entities within Davao City. Mayor
Duterte (hehe) approved the ordinance. Banana growers were given 3 months to comply.
Pilipino Banana Growers and Exporters Association (PBGEA) challenged the Constitutionality of
the ordinance, arguing that it was an unreasonable exercise of police power, a violation of equal
protection, and was confiscatory. Residents living near banana plantations, led by Wilfredo
Mosqueda, intervened.
RTC: ordinance is valid police power exercise; aerial spraying was distinct because of the higher
health risk it caused to residents.
CA: ordinance is Unconstitutional for being unreasonable and oppressive; definition of "aerial
spraying" did not make reasonable distinction between different effects, classes of
pseticides/fungicides, and concentration levels, buffer zone requirement was confiscatory; no
separability clause.

ISSUE: WON Ordinance is Unconstitutional?

HELD: YES.
SC took judicial notice of significance of banana industry, and that SP of Davao did have authority
to pass the ordinance. HOWEVER, the ordinance violates substantive due process in the imposition
of the 3-month compliance period (physically impossible daw to implement the needed changes
within the given period); buffer zone was not confiscatory because it did not divest owner of
beneficial use of property (eto Constitutional); ordinance violated equal protection in that the means
(prohibition on aerial spraying) was not based on substantial distinction (because the problem--
pesticide drift--still occurs with ground-based spraying).
*reqs for valid ordinance:
(1) it must not contravene the Constitution or any statute;
(2) it must be fair, not oppressive;
(3) it must not be partial or discriminatory;
(4) it must not prohibit but may regulate trade;
(5) it must be general and consistent with public policy; and
(6) it must not be unreasonable.