The commercialization of biotech crops in the Philippines is influenced by regulatory frameworks, public perceptions, and, crucially, the judiciary, when their commercial release is challenged by those opposing the technology. While regulations serve as a cornerstone, their efficacy can be affected by public opposition and legal challenges.
To bridge this gap, strategic communication of the benefits and safety of biotechnology is essential for successful product delivery, especially when navigating the legal landscape and in fostering agricultural biotechnology regulation that prioritizes poverty alleviation, food security, sustainability, and social progress.
To address the critical challenges hindering the commercialization of biotech products in the Philippines, the International Service for the Acquisition of Agri-biotech Applications (ISAAA) Inc., in collaboration with Bayer AgriScience Inc., held a workshop titled ‘The Future of Food and Law: A Workshop on Agricultural Biotechnology for the Philippine Judiciary.’
The workshop, held at a hotel in Manila on September 25, brought together more than 100 representatives from the Supreme Court, Philippine Judicial Academy, the Court of Appeals, regulators, academics, scientists and researchers, public and private technology developers, and communicators.
They analyzed current challenges and obstacles and develop proactive strategies to prevent setbacks in delivering biotech products to Filipino farmers and consumers.
Crucial role of judiciary
Former secretary of the Department of Agriculture and current ISAAA Board Chairman Dr. William D. Dar emphasized the benefits of biotech crops, citing the success of Bacillus thuringiensis (Bt) corn, which has significantly increased productivity and reduced poverty among smallholder Filipino farmers.
Dar cited the crucial role of the judiciary in the commercialization of biotech crops in the Philippines, saying: ‘Your role in this discourse is crucial. As the guardians of our Constitution, your decisions have the power to shape an environment that either enables or hinders innovation.’
In a stirring appeal, he urged the workshop participants: ‘Let us collectively work to secure a future where no Filipino goes hungry.’
Justice Selma P. Alaras, Associate Justice of the Court of Appeals, welcomed the workshop participants and highlighted the judiciary’s role in navigating the legal and ethical complexities of biotechnology.
Alaras explained that the judiciary shares parallel goals, sentiments, fears, and outlook in building an optimistic hope for the future, and this hope propels the judiciary to perform its vital role.
She urged the participants to listen, communicate, and collaborate to address public concerns and foster innovation.
‘Bridge the gap. Talk with each other. Accept, give, negotiate, settle, or compromise. Harmonize,’ she said.
Agri-biotechnology landscape in Southeast Asia, the Philippines
ISAAA Inc. Executive Director Dr. Rhodora Romero-Aldemita discussed the global status of biotech crop approvals, focusing on widely cultivated crops, recent approvals, and those pending development.
She highlighted biotech crops’ vital role in sustainability, food security, and climate change.
Aldemita also updated participants on gene editing in agriculture and the current regulatory landscape for gene-edited crops.
Dr. Abraham Manalo, assistant professor at the University of the Philippines Diliman, discussed the agricultural biotechnology landscape in the Philippines, focusing on the adoption and economic impact of biotech crops.
He highlighted the commercialization of Bt corn, the first biotech crop in the country, and its substantial growth and positive effects on local agriculture and smallholder incomes.
Manalo also introduced other approved biotech crops, such as Bt cotton, Bt eggplant, and Malusog Rice (Golden Rice).
Philippine biosafety regulations for GM, gene-edited crops
Reimond S. Corona, project senior technical specialist at the National Committee on Biosafety of the Philippines (NCBP), discussed the country’s biosafety regulations for genetically modified (GM) and gene-edited crops.
He outlined the timeline of these regulations, focusing on the evaluation processes and the significance of risk assessment by the Joint Assessment Group.
Additionally, he covered the determination process for plant breeding innovations and the requirements for obtaining biosafety permits.
Farmer decision-making on adoption of biotech corn in PHL
Dr. Clarisse M. Gonzalvo, assistant professor at the College of Development Communication, University of the Philippines Los Baños (UPLB), presented her research on factors influencing the adoption of biotech corn among Filipino farmers after the 2015 Supreme Court ban on GMOs.
She identified a mix of economic, informational, and personal factors that encouraged many farmers to persist with the crop despite legal uncertainties.
Gonzalvo said that future policies should involve farmers as partners and promote a just transition to sustainable farming practices.
Lessons, insights from the Philippine Bt eggplant case
Atty. Damcelle T. Cortes, assistant professor at the College of Public Affairs and Development in UPLB, presented her study on the interaction between science and courts in the first Bt eggplant case in the Philippines.
She reviewed the environmental lawsuit from 2012 to 2016, including decisions from the Court of Appeals and the Supreme Court.
Cortes highlighted knowledge gaps between courts and scientists, concluding that while communication is important, it must be supported by legal frameworks to effectively mediate the interaction between science and law, especially in cases of alleged rights violations.
Stewardship for innovation
Jenny A. Panopio, biotech consultant at CropLife Philippines, highlighted the mission and stewardship programs of CropLife Asia, which represents the plant science industry.
She emphasized the importance of stewardship in protecting innovation and managing crop protection products throughout their lifecycle, including responsible resource use and risk mitigation initiatives.
Recommendations from the courts
The workshop participants were tasked with answering questions on legal frameworks and judicial processes, as well as legal and procedural issues, and public policy and future directions. Their recommendations are summarized as follows:
To improve the judiciary’s grasp of agricultural biotechnology, a strategy focused on expert-led training is essential, including workshops and seminars for judges and lawyers, with Mandatory Continuing Legal Education credit to boost participation. It was added that creating a Reference Manual on Scientific Evidence and establishing a database of scientific experts for judicial consultation are crucial.
The judiciary is vital in shaping agricultural biotechnology policy by protecting and tempering innovations through scientific evidence. The Writ of Kalikasan is a key legal tool that helps balance dangers and benefits to protect the environment.
To expedite the commercialization of biotech crops in the Philippines, outdated laws must be amended and regulations harmonized to streamline approval processes. The judicial system should be improved by simplifying court access and enhancing legal professionals’ understanding of scientific matters through expert guidance and technical training.
To ensure the scientifically sound application of the precautionary principle, the Supreme Court must revisit its rules and enhance judicial training. This principle should shift from outright prohibition to a risk-based response that considers potential harm.
To support environmental rights and address climate change and food security, Congress should establish a comprehensive national law on agricultural biotechnology and biosafety. This framework needs updated guidelines, dedicated research funding, and a collaborative public campaign to integrate scientific, legal, and socio-ecological aspects.
To promote biotech crop commercialization, it is essential to enact legislation that protects stakeholder rights and regulates biotechnology products.
Additionally, incorporating science and biotechnology into educational curricula will enhance public and professional understanding.
Lastly, government subsidies are needed to support sector growth.
By implementing these reforms, streamlining regulations, and ensuring judicial access to scientific expertise, the workshop agreed that the Philippines can leverage agri-biotech to tackle food security and sustainable development challenges. Clement Dionglay is a project associate at ISAAA Inc.