Court of Appeals clears Ocean Adventure owners of animal rights raps

MANILA, Philippines – The Court of Appeals (CA) has cleared the owners and operators of the popular amusement park Ocean Adventure at the Subic Bay Freeport Zone of charges of violation of Republic Act 8485 or the Animal Welfare Act.

In a two-page resolution, the CA’s Ninth Division affirmed its decision last year dismissing the petition of the Philippine Animal Welfare Society Inc. (PAWS) and Earth Island Institute (EII) against Timothy Desmond, John Corcoran and Gail Laule, officers of the Subic Bay Marine Exploratorium (SBME).

“To reiterate, there is ambiguity under the said law as to whether or not marine mammals such as dolphins, sea lions and false killer whales found in Ocean Adventure are covered by the term ‘animals’ contemplated under said law,” the CA ruling penned by Associate Justice Josefina Guevara-Salonga stated.

“Thus, when ambiguity exists, it becomes a judicial task to construe and interpret the true meaning and scope of the measure, guided by the principle that the penal statutes are to be construed and applied liberally in favor of the accused and strictly against the state. Consequently, private respondents’ failure to register SBME with the Bureau of Animal Industry is not a violation of RA 8485,” it added.

Associate Justices Magdangal de Leon and Ramon Garcia concurred with the ruling.

In its earlier decision, the CA affirmed the resolution of the Department of Justice dated Nov. 6, 2007 recommending the withdrawal of the criminal information filed by PAWS officer Maria Teresita Hontiveros-Lichauco and EII head Maria Theresa Concepcion before the Quezon City Metropolitan Trial Court against the SBME officers.

The complainants appealed the decision but the CA ruled that “the arguments are exactly the same or are mere reiterations of those already raised and considered in our assailed decision.”