Charges filed vs dolphin show operators

MANILA, Philippines—The Quezon City Prosecutor’s Office has filed criminal charges against the operators of a dolphin and sea lion show that was held in Cubao, Quezon City, during the 2010 Christmas season and into the first two months of 2011.

Scheduled to be arraigned on May 31 at 8:30 a.m. for alleged violation of Republic Act 8485, or the Animal Welfare Act, are Jose L. Avelino and Ma. Carla Mamburam, the reported maintainers of the Angels of the Sea Dolphins and Lion Show and proprietors of the Indofil Sea Wonders Ltd.

In an order dated April 12, Judge Caridad Walse-Lutero of the Quezon City Metropolitan Trial Court Branch 34 also directed the two to submit counter-affidavits within 10 days of receiving the order.

The traveling aquatic shows were held at the Araneta Center, which the Philippine Animal Welfare Society (PAWS) and the Earth Island Institute (EEI) said was noisy, polluted and always busy with traffic and people.

The Inquirer was furnished copies of the indictment by Roy Kabahan, counsel of the animal rights advocates.

The EII and PAWS filed the complaint against Avelino and Mamburam in 2011.

PAWS is the same advocacy group that went after a University of the Philippines student who was convicted of animal abuse charges in May 2011 for killing a cat and posting his deed on his blog.

In a three-page resolution, assistant city prosecutor Arleen Tagaban said the respondents failed to show up and file counter-affidavits to the allegations of violating the Animal Welfare Act.

“Hence, for determining the existence of probable cause, the undersigned believes that there is sufficient ground to engender a well-founded belief that respondents had violated the provisions of RA 8485 and that they are probably guilty thereof,” the document read.

As the respondents did not appear for the preliminary investigation, the prosecutor said the two were unable to show proof that they secured a certificate of registration from the Bureau of Animal Industry.

“For their failure to secure first a certificate of registration, it follows that the facilities and establishments in the dolphin/sea lion road shows are not adequate, clean and sanitary and it has caused pain/and or suffering to the animals, a form of cruelty to animals,” she said.

In their complaint, the animal rights advocates alleged that the animals in the show were subjected to forms of cruelty, such as being deprived of food to obey commands, being kept in a small and shallow pool, being made to perform five shows every day without rest.

They added that the animals were made to perform in shallow, chlorinated pools where they also ate and defecated, as well as subjected to amplified noise from firecrackers during the New Year revelry ushering in 2012.

Affidavits from two marine mammal experts, Dr. Arnel Yaptichay and Dr. Ma. Theresa Aquino, pointed out that dolphins in captivity such as those in the show experience “severe amounts of stress.”

This is because they are “subjected to situations and conditions unnatural to their behavior and evolution as wild animals,” Tagaban’s resolution cited.

Tagaban said she found probable cause to indict the respondents for violating RA 8485.

As provided for in the Animal Welfare Act, operators of animal shows must first secure a certificate of registration from the BAI as part of efforts to protect and promote the welfare of animals.

Under the law, the certificate of registration is issued upon proof that the applicant’s facilities for the animals are “adequate, clean and sanitary and will not be used for, nor cause pain and suffering to animals.”—With Tetch Torres of INQUIRER.net