HULSE YF REPR

a. RECEIVED
Republic of the Philippines
HOUSE OF REPRESENTATIVES pate:_24 AUG 2016
Quezon City tive Col

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BY

SEVENTEENTH CONGRESS
First Regular Session

REGSTR (TION UNIT
BILLS .We WOT X SERVICE

House Bill No. 83308

Introduced by Representative GLORIA MACAPAGAL ARROYO

AN ACT
AMENDING REPUBLIC ACT NO. 8485, ALSO KNOWN AS, "THE ANIMAL
WELFARE ACT OF THE PHILIPPINES “

EXPLANATORY NOTE

Animals have always found their way to the very heart of human society. No doubt, they
have contributed to its enrichment. This is the reason why we have pets in our homes,
making them a source of enduring companionship, service and therapy.

Republic Act No. 8485 also known as the “The Animal Welfare Act of 1998” established
a policy of protection and promotion of the welfare of all animals in the Philippines.
Commendable in its intent, this law, however, did not include adequate measures for
protection of both animals and the community in which they live in.

To promote the harmonious living of animals and humans, it is important that a policy of
responsible pet ownership be upheld

The bill, therefore, proposed to penalize those who abandon their pets, or those who
abandon animals they have sideswiped or run over. It also penalizes pet owners who
allow their animals to run wild thus endangering the community. Finally, it mandates that
programs which promote animal welfare be established in every city and municipality
throughout the country

In view of the foregoing, the immediate passage of this bill into law is earnestly
requested.

GLORIA MACAPAGAL ARROYO
2" District, Pampanga

NT ATIVES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 38308

Introduced by Representative GLORIA MACAPAGAL ARROYO

AN ACT
AMENDING REPUBLIC ACT NO. 8485, ALSO KNOWN AS, "THE ANIMAL
WELFARE ACT OF THE PHILIPPINES "

Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:

SECTION 1. Section 1 of Republic Act 8485 is hereby amended to read as
follows:

"SECTION 1. THIS ACT SHALL BE KNOWN AS THE "ANIMAL
WELFARE AND CONTROL ACT."

SECTION 2. A new section is hereby inserted after Section 4 of Republic Act
8485 to read as follows:

"SECTION 5. IT SHALL BE UNLAWFUL FOR THE OWNER OF ANY
ANIMAL TO ALLOW IT TO RUN AT LARGE UNATTENDED ON OR
ABOUT THE STREETS OR ON THE PROPERTY OF ANOTHER
WITHOUT SUCH PROPERTY OWNER'S CONSENT. ANY SUCH
ANIMAL AT LARGE SHALL BE IMPOUNDED BY THE LOCAL ANIMAL
CONTROL AUTHORITIES.

IT SHALL BE THE DUTY OF EVERY OWNER OF ANY ANIMAL TO
KEEP THE ANIMAL UNDER CONTROL AT ALL TIMES WHILE THE
ANIMAL IS ON THE REAL PROPERTY OF THE OWNER. FOR
PURPOSE OF THIS SECTION, AN ANIMAL IS DEEMED UNDER
CONTROL WHEN IT IS CONFINED BY WAY OF FENCE OR OTHER
ENCLOSURE, RESTRAINED BY SUBSTANTIAL CHAIN OR LEASH,
RESTRAINED IN SOME OTHER PHYSICAL MANNER BY A
COMPETENT PERSON, OR IS UNDER THE CONTROL OF A
COMPETENT PERSON WHO IS PRESENT WITH THE ANIMAL, VIA
VOICE COMMAND, SO THAT THE ANIMAL DOES NOT WANDER OFF
THE REAL PROPERTY OF THE OWNER.


IN ADDITION, ALL MALE AND FEMALE DOGS AND CATS THAT HAVE
NOT BEEN SPAYED OR NEUTERED MUST BE SECURELY CONFINED
IN SUCH A WAY THAT THEY NOT ONLY CANNOT GET OUT TO RUN
LOOSE, BUT ALSO CANNOT BE REACHED BY OTHER DOGS OR
CATS.

IT SHALL BE THE DUTY OF THE OWNER OF ANY ANIMAL TO KEEP
THE ANIMAL UNDER CONTROL AT ALL TIMES WHILE THE ANIMAL IS
OFF OF THE REAL PROPERTY LIMITS OF THE OWNER. FOR THE
PURPOSES OF THIS SECTION, AN ANIMAL IS DEEMED UNDER
CONTROL WHEN IT IS CONFINED WITHIN A VEHICLE, PARKED OR
IN MOTION, IS SECURED BY A LEASH OR OTHER DEVICE HELD BY
A COMPETENT PERSON, OR IS PROPERLY CONFINED WITHIN AN
ENCLOSURE WITH PERMISSION OF THE OWNER OF THE
PROPERTY WHERE THE ENCLOSURE IS LOCATED."

SECTION 3. Section 5 of the same Act is hereby renumbered as Section 6.

SECTION 4. A new section is hereby inserted after Section 5 of Republic Act
8485 to read as follows:

"SECTION 7. THE COMMITTEE SHALL DRAW UP GUIDELINE FOR
THE ESTABLISHMENT OF ANIMAL SHELTERS. EVERY CITY AND
MUNICIPALITY IS ENCOURAGED TO ESTABLISH AT LEAST ONE
ANIMAL SHELTER WITHIN THEIR VICINTY. IN THE MEANTIME THAT
NO ANIMAL SHELTER HAS BEEN ESTABLISHED, A PLAN FOR THE
PROTECTION AND ADOPTION OF LOST AND STRAY ANIMALS
SHALL BE FORMULATED BY THE COMMITTEE ON ANIMAL WELFARE
IN COORDINATION WITH THE DEPT. OF INTERIOR AND LOCAL
GOVERNMENT (DILG).

IN SUPPORT OF THESE OBJECTIVES, THE COMMITTEE SHALL
ESTABLISH PROGRAMS FOR THE TRAINNG OF ALL ANIMAL
CONTROL OFFICERS INSTRUCTING THEM IN THE PROPER
OPERATION OF ANIMAL SHELTERS AND THE HUMANE TREATMENT
OF LOST AND STRAY ANIMALS."

SECTION 5. Section 6 of the same Act is hereby renumbered as Section 8.
SECTION 6. Section 7 of the same Act is hereby renumbered as Section 9.

SECTION 7. A new section is hereby inserted after Section 7 of the same Act to
read as follows:

"SECTION 10. IT SHALL BE UNLAWFUL FOR ANY PERSON WHO IS IN
THE CUSTODY OF AN ANIMAL TO ABANDON THE ANIMAL.

IF ANY PERSON BEING THE OWNER OR HAVING CHARGE OR
CONTROL OF ANY ANIMAL SHALL WITHOUT REASONABLE CAUSE
OR EXCUSE ABANDON IT, WHETHER PERMANENTLY OR NOT,
WITHOUT PROVIDING FOR THE CARE OF THAT ANIMAL, SUCH ACT
SHALL CONSTITUTE MALTREATMENT UNDER SECTION 8.

IF THE ANIMAL IS LEFT IN CIRCUMSTANCES LIKELY TO CAUSE THE
ANIMAL ANY UNNECESSARY SUFFERING, OR IF THIS


ABANDONMENT RESULTS IN THE DEATH OF THE ANIMAL, THE
PERSON LIABLE SHALL SUFFER THE MAXIMUM PENALTY.

ABANDONMENT MEANS THE RELINQUISHMENT OF ALL RIGHT,
TITLE, CLAIM, OR POSSESSION OF THE ANIMAL WITH THE
INTENTION OF NOT RECLAIMING IT OR RESUMING ITS OWNERSHIP.
OR POSSESSION."

SECTION 8. A new section is hereby inserted after the section above to read as
follows:

"SECTION 11. IF A DRIVER OF A MOTOR VEHICLE OR OTHER SELF-
PROPELLED VEHICLE SHALL STRIKE AND INJURE OR KILL ANY
DOMESTICATED ANIMAL, SUCH DRIVER SHALL GIVE REASONABLE
AID AND ASSISTANCE AND/OR PROTECTION TO SUCH ANIMAL,
WITHOUT PLACING HIMSELF OR HERSELF AT UNREASONABLE
RISK, AND CALL AND REPORT THE FACTS PERTAINING TO THE
INCIDENT TO EITHER OF THE FOLLOWING AUTHORITIES:

1. BARANGAY OFFICIALS; OR

2. THE POLICE AGENCY HAVING JURISDICTION IN THE AREA
WHERE THE ANIMAL IS STRUCK.

AFTER MAKING THE REPORT REQUIRED ABOVE, THE DRIVER
SHALL COMPLY WITH THE INSTRUCTIONS GIVEN BY THE AGENCY
CONTACTED AND SHALL, IF INSTRUCTED, REMAIN AT THE SCENE
UNTIL APPROPRIATE POLICE OR ANIMAL CONTROL AUTHORITY
ARRIVES. AFTER ARRIVAL OF APPROPRIATE AUTHORITY, THE
DRIVER SHALL COOPERATE WITH SUCH AUTHORITY IN THE
INVESTIGATION AND REPORTING OF THE INCIDENT.

AS AN ALTERNATIVE TO COMPLYING WITH THE REQUIREMENTS
SET FORTH ABOVE, THE MOTOR VEHICLE DRIVER MAY
TRANSPORT THE ANIMAL WHICH HAS BEEN STRUCK TO THE CITY
OR MUNICIPALITY'S ANIMAL FACILITY, OR, IN THE CASE OF AN
ANIMAL WHICH IS INJURED AND NOT DEAD, TO A VETERINARIAN
FOR TREATMENT OF THE ANIMAL'S INJURIES. IF THE DRIVER
CHOOSES THE LATTER COURSE OF ACTION, HE/SHE SHALL BE
RESPONSIBLE FOR THE COST OF TREATMENT IF REQUIRED BY
THE VETERINARIAN. FAILURE TO COMPLY WITH ANY OF THE
REQUIREMENTS IN THIS SECTION SHALL CONSTITUTE
ABANDONMENT OF THE ANIMAL UNDER SECTION 8.

THIS SECTION SHALL NOT APPLY TO DRIVERS OF EMERGENCY
VEHICLES IF SUCH VEHICLES ARE BEING OPERATED IN
RESPONSE TO A BONA FIDE EMERGENCY SITUATION AT THE TIME
THE ANIMAL IS STRUCK. EMERGENCY VEHICLE OPERATORS WHO
STRIKE AN ANIMAL DURING A RESPONSE TO A BONA FIDE
EMERGENCY SITUATION SHALL NOTIFY THE AUTHORITIES
MENTIONED ABOVE OF THE INCIDENT AS SOON AS IS
PRACTICABLE THEREAFTER."

SECTION 9. Section 8 of the same Act is hereby renumbered as Section 12.

SECTION 10. A new section is hereby inserted after the section above to read as
follows:


"SECTION 13. Appropriations. - THE AMOUNT NECESSARY FOR THE
INITIAL IMPLEMENTATION OF THIS ACT SHALL BE CHARGED
AGAINST THE APPROPRIATIONS OF THE DEPT. OF AGRICULTURE.
THEREAFTER, SUCH SUM AS MAY BE NECESSARY FOR ITS FULL
IMPLEMENTATION SHALL BE INCLUDED IN THE ANNUAL GENERAL
APPROPRIATIONS ACT AS A DISTINCT AND SEPARATE ITEM."

SECTION 11. Section 9 of the same Act is hereby renumbered as Section 14.

SECTION 12. Section 10 of the same Act is hereby renumbered as Section 15.

SECTION 13. Separability Clause. - If any provision or part hereof, is held invalid
or unconstitutional, the remainder of the Act or the provision not otherwise affected shall
remain valid and subsisting

SECTION 14. Repealing Clause. — Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary to,
or inconsistent with the provisions of this Act is hereby repealed, modified or amended
accordingly

SECTION 15. Effectivity Clause. — This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation

Approved,