Animal rights group asks CA to stop Subic whale show
An animal rights group and environmental organization Monday asked the Court of Appeals to stop a private company from operating a live whale circus show at the Subic Bay, saying this violates Republic Act 8485, or the Animal Welfare Act.
In a 16-page petition for certiorari, the groups Philippine Animal Welfare Society Inc (PAWS) and Earth Island Institute (EII) sought a reversal of a resolution of the Department of Justice that allowed Subic Bay Marine Exploratorium (SBME) to operate.
Named respondents in the suit were Justice Secretary Raul Gonzalez and SBME American corporate owners Timothy Desmond, chairman/CEO; John Corcoran (president) and Gail Laule (vice president).
Petitioners, represented by PAWS president Ma. Teresita Hontiveros-Lichauco and EII's national coordinator Maria Theresa Concepcion alleged that SBME transported several false killer whales and sea lions and confined them to a structure in the waters of Subic Bay where it has established, maintained and operated a training facility for same animals.
In the same facility, SBME also conducted various circus shows involving these animals called "Swim with the Whales" activity featuring the false killer whales.
All these, petitioners said, were done in violation of Section 2 of RA 8485, which states that "no person, association, partnership, cooperative or any government agency or instrumentality including slaughterhouses shall establish, maintain and operate any pet shop, kennel, veterinary clinic, veterinary hospital, stockyard, corral, stud farm or stock farm or zoo for the breeding, treatment, sale or trading, or training of animals without first securing from the Bureau of Animal (BAI) a certificate of registration thereof."
Under the law, failure to comply is punishable by not less than six months to not more than two years in jail and fine of not less than P1,000 to not more than P5,000 or both, at the discretion of the court.
Section 8 of RA 8485 further stated if the violation is committed by a judicial person, the officer responsible "shall serve the imprisonment when imposed. If the violation is committed by an alien, he or she shall immediately be deported after service of sentence without any further proceedings."
The rights groups said the SBME corporators deliberately ignored an earlier warning to them by Director Teodoro Abilay of the BAI in a letter dated February 7, 2001.
Petitioners further alleged that the DOJ committed grave abuse of discretion in ignoring the legislative intent of RA 8485, and for exonerating the respondents based on their willingness to comply with the registration requirement, failure of which is a violation of the law itself.
They contended that RA 8485 being a special law, mere omission or commission of the prohibited act already constitutes the offense.
"When the act or omission is prohibited by a special law, it is considered that the act is injurious to public welfare and the doing of the prohibited act is the crime itself. Moreover, good faith and absence of criminal intent are not valid defenses in crimes punished by special laws," they claimed.
The case stemmed from the criminal complaint lodged by petitioners on November 9, 2001 against private respondents before the Office of the City Prosecutor of Quezon City for violation of RA 8485.
However, the city prosecutor dismissed the case on the ground that petitioners have no legal standing in filing the case and that the false killer whales, sea lions, dolphins and other similar marine mammals are not the animals contemplated under RA 8485.
The prosecutor said subject creatures might only be classified as aquatic creatures or cetaceans, and do not fall under RA 8485 but under RA 8550 or the so-called Philippine Fisheries Code of 1998.
Upon review of the prosecutor's ruling, Gonzalez agreed with complainants that the Fisheries Code is not applicable in the case. Subsequently, a criminal information was filed and raffled to the QC Metropolitan Trial Court, branch 32, which issued the warrants for the arrest of the accused.
However, the accused were not arraigned due to their filing of a motion for reconsideration with the DOJ, which reversed itself in a resolution dated November 6, 2007, stating that the American circus operators may not be criminally prosecuted in light of the "willingness of respondents to comply with the requirement of registration under RA 8485."
The DOJ reversal prompted the QC prosecutor to withdraw the information for violation of Fisheries Code before the QC MTC, which in turn ordered the dismissal of the case, prompting petitioners to elevate the matter to the CA. - GMANews.TV
In a 16-page petition for certiorari, the groups Philippine Animal Welfare Society Inc (PAWS) and Earth Island Institute (EII) sought a reversal of a resolution of the Department of Justice that allowed Subic Bay Marine Exploratorium (SBME) to operate.
Named respondents in the suit were Justice Secretary Raul Gonzalez and SBME American corporate owners Timothy Desmond, chairman/CEO; John Corcoran (president) and Gail Laule (vice president).
Petitioners, represented by PAWS president Ma. Teresita Hontiveros-Lichauco and EII's national coordinator Maria Theresa Concepcion alleged that SBME transported several false killer whales and sea lions and confined them to a structure in the waters of Subic Bay where it has established, maintained and operated a training facility for same animals.
In the same facility, SBME also conducted various circus shows involving these animals called "Swim with the Whales" activity featuring the false killer whales.
All these, petitioners said, were done in violation of Section 2 of RA 8485, which states that "no person, association, partnership, cooperative or any government agency or instrumentality including slaughterhouses shall establish, maintain and operate any pet shop, kennel, veterinary clinic, veterinary hospital, stockyard, corral, stud farm or stock farm or zoo for the breeding, treatment, sale or trading, or training of animals without first securing from the Bureau of Animal (BAI) a certificate of registration thereof."
Under the law, failure to comply is punishable by not less than six months to not more than two years in jail and fine of not less than P1,000 to not more than P5,000 or both, at the discretion of the court.
Section 8 of RA 8485 further stated if the violation is committed by a judicial person, the officer responsible "shall serve the imprisonment when imposed. If the violation is committed by an alien, he or she shall immediately be deported after service of sentence without any further proceedings."
The rights groups said the SBME corporators deliberately ignored an earlier warning to them by Director Teodoro Abilay of the BAI in a letter dated February 7, 2001.
Petitioners further alleged that the DOJ committed grave abuse of discretion in ignoring the legislative intent of RA 8485, and for exonerating the respondents based on their willingness to comply with the registration requirement, failure of which is a violation of the law itself.
They contended that RA 8485 being a special law, mere omission or commission of the prohibited act already constitutes the offense.
"When the act or omission is prohibited by a special law, it is considered that the act is injurious to public welfare and the doing of the prohibited act is the crime itself. Moreover, good faith and absence of criminal intent are not valid defenses in crimes punished by special laws," they claimed.
The case stemmed from the criminal complaint lodged by petitioners on November 9, 2001 against private respondents before the Office of the City Prosecutor of Quezon City for violation of RA 8485.
However, the city prosecutor dismissed the case on the ground that petitioners have no legal standing in filing the case and that the false killer whales, sea lions, dolphins and other similar marine mammals are not the animals contemplated under RA 8485.
The prosecutor said subject creatures might only be classified as aquatic creatures or cetaceans, and do not fall under RA 8485 but under RA 8550 or the so-called Philippine Fisheries Code of 1998.
Upon review of the prosecutor's ruling, Gonzalez agreed with complainants that the Fisheries Code is not applicable in the case. Subsequently, a criminal information was filed and raffled to the QC Metropolitan Trial Court, branch 32, which issued the warrants for the arrest of the accused.
However, the accused were not arraigned due to their filing of a motion for reconsideration with the DOJ, which reversed itself in a resolution dated November 6, 2007, stating that the American circus operators may not be criminally prosecuted in light of the "willingness of respondents to comply with the requirement of registration under RA 8485."
The DOJ reversal prompted the QC prosecutor to withdraw the information for violation of Fisheries Code before the QC MTC, which in turn ordered the dismissal of the case, prompting petitioners to elevate the matter to the CA. - GMANews.TV
Labels: animal welfare, ocean adventure, Olongapo City, paws, sbme, Subic Bay
posted by OlongapoCity Zambales at
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