Republic of the Philippines

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HOUSE OF REPRESENTATIVES // iN
Quezon City LS ocercnwen ©
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FIFTEENTH (15TH) CONGRE
t Regular Session

No. 0G49

House.

Introduced by: Rep. Bernadette Herrera-Dy

EXPLANATORY NOTE,

When the Animal Welfare Act of 1998 was passed in 1998, there were only two
animal welfare organizations incorporated in the Securities and Exchange Commission,
namely — the Philippine Society for the Prevention of Cruelty to Animals (PSPCA) and the
primary lobbying organization for the Act, The Philippine Animal Welfare Society (PAWS)
led by Nita Hontiveros-Lichauco.

The topography of animal welfare has changed considerably since then. More people
are concerned about animal cruelty and have formed organizations across the country to help
animals.

‘The bill therefore secks to give greater representation to the animal welfare movement
by amending the Act in to add six (6) slots for animal welfare organizations in the Committee
on Animal Welfare (CAW) — with at least two from every major island — Luzon, Visayas and
Mindanao.

‘The bill also provides an additional slot for the Philippine National Police (PNP) as
the Sponsor believes that a key element in ensuring effective implementation of the law
against animal cruelty is to have our police take part in the crafting of guidelines in terms of
apprehension and gathering of evidence versus animal offenders.

Implementation is likewise affected by lack of budget appropriated for the this Act
and the lack of systems that would enable the Bureau of Animal Industry perform its mandate
of promoting animal welfare and prosecuting cruelty, as well as issuing permits and licenses
to all people and establishments who keep and deal with animals.

Cruel acts against animals abound in social networking sites and in cyberspace, the
proponents mocking the law of the land for its measly fines and apparent hesitation in
imprisoning animal offenders for long periods of times through a legal loophole that allows
animal offenders to serve their sentences out of jail, on parole. This Sponsor is of the firm
belief that the way a Society protects its weakest members has a great bearing on the peace


and order situation of our land. FBI records in the United States prove this — track records of
violent criminals include a pre-disposition to be cruel to animals for no known reason.

Animal health is also directly related to human health. How successful our country
will be in eradicating deadly diseases such as rabies- which kills 300- 600 Filipinos every
year (mostly, children)- will be determined not only by efforts to provide vaccines and
information about rabies but by encouraging people to be responsible pet owners and to be
compassionate towards the animals that we share our world with.

Further, the scientific basis of sentience or the capacity of animals to feel pain also
brings forth an ethical aspect of the State’s duty to protect them, akin to the principle that a
society should protect its weakest members in order to achieve the greatest good- which was
the major argument for the passage of the RA 8485 in 1998. Mahatma Gandhi's quote: “A
nation’s moral progress can be measured by the way it treats in animals.”

This growing consciousness is a worldwide phenomenon: in 2002, the OIE] whose
role is to manage animal health across the world, began providing recommendations for
positive animal welfare, underscoring an international recognition of the link between animal
health and animal welfare

The Philippines- being the first in Southeast Asia to come up with its own nationwide
anti-cruelty law should likewise be at the forefront of improving upon such laws so that these
law remain relevant and in step with the times Deputization of animal welfare officers among
animal welfare NGOs that have successfully filed criminal cases in court may widen the
reach of Burau of Animal Industry. Clearer systems and logistics for seizures of animal
welfare cases will strengthen the law, protect the rescuers from unjust suits and bring across
the message that the government is serious in its endeavor to fight animal cruelty.

It is time that we, Filipinos, are recognized for our compassion to animals as this
evokes the finest elements of our humanity. To be firm and resolute in condemning and
punishing acts which show utter disregard for life, protects our Society from deteriorating
into one whose people are less humane towards each other. We protect health, livelihoods,
ecosystems. Animal welfare directly translates to human welfare.

It is in this light that I enjoin all my esteemed colleagues here in Congress to support

and quickly pass this Amendment.
vy
Lon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

FIFTEENTH (15TH) CONGRESS
First Regular Session

House Bill No. ©

Introduced by: Rep. Bernadette Herrera-Dy

AN ACT AMMENDING REPUBLIC ACT 8485 OTHERWISE KNOWN AS “THE
ANIMAL WELFARE AT OF 1998”

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

SEC 1. Section 5 of the Animal Welfare Act, otherwise known as “The Animal
Welfare Act of the Philippines Section is hereby amended to read as follows:

“See. 5. There is hereby created a Committee on Animal Welfare attached to the
Department of Agriculture ..-

xxx
The Committee shall be composed of the official representatives of the following:

‘The Department of Interior and Local Government

Dep Ed (formerly DECS or “Department of Education, Culture and Sports”)
Bureau of Animal Industry (BAI) of the Department of Agriculture (DA)
}. Protected Areas and Wildlife Bureau (PAWB) of the DENR

National Meat Inspection Service (NMIS) of the DA

Agricultural Training and Institute (ATI) of the DA

Philippine Veterinary Medical Association (PVMA)

Veterinary Practitioners Association of the Philippines (VPAP)
Philippine Animal Hospital Association (PAHA)

10. Philippine Animal Welfare Society (PAWS)

11. Philippine Society for the Prevention of Cruelty to Animals (PSPCA)

12. Philippine Society of Swine Practitioners (PSSP)

13. Philippine College of Canine Practitioners (PCCP)

CRI AKRLNS


14, Philippine Society for Animal Science (PSAS)
15. Philippine National Police (PNP)

and six (6) qualified animal welfare organizations

15-16, two (2) whose main operations are based in Luzon
17-18. two (2) whose main operations are based in Visayas
19-20. two (2) whose main operations are based in Mindanao”

SEC 2. New Sections 5A to SC is hereby inserted after Section 5 of RA 8485, to
read as follows:

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“Section SA. Requirements for CAW members and nominees

‘The existing and additional animal welfare organizations and non-animal

welfare NGOs shall submit the following annually:

Updated SEC Registration

BIR Registration

Annual Report of Programs

3.1 For animal welfare NGOs, programs in all the enumerated fields: humane
education, spay-neuter, lobbying and campaigning against animal cruelty,
rescue, rehabilitation and rehoming of animals, disaster-relief for animals.

3.2 For veterinary organizations: spay-neuter outreach programs for indigent
pet owners.

Non-submission of the said requirements annually upon the request of
the Director of the Bureau of Animal Industry shall cause the representation of
such organization to be revoked for the year. Each NGO shall be given sixty
(60) days from receipt of yearly written notice to submit the documentary
requirements.”

“Section SB. Nomination and Appointment of Additional Animal
Welfare NGOs

Animal welfare NGOs in Luzon, Visayas and Mindanao who meet the
qualifications indicated in Section SA may submit their applications to the
Director of the Bureau of Animal Industry who will endorse qualified
applicants to the Secretary of the Department of Agriculture for final
appointment.

Additional qualified animal welfare NGO CAW members must be appointed
within sixty (60) days from their submission of nomination forms to the BAI
Director.

“Section SC. Forfeiture or termination of CAW Membership for
the Year

NON-GOVERNMENT MEMBERS. Three consecutive non-attendance of the
official or his alternate CAW representative for the organization shall result in


the termination of the said NGO’s CAW Membership for the year and
forfeiture of voting rights of the said organization for that particular year.

GOVERNMENT MEMBERS. Two (2) consecutive non-attendance of the
official representative from a government entity shall cause the issuance of a
warning memo to the personnel involved with the third incident of non-
attendance as grounds for replacement of the representative of the government
agency. The BAI Director shall write asking for the replacement of the said
representative to the CAW after the third absence. The government agency
must immediately fill in the vacancy by appointing a new representative for
the next CAW meeting.”

“Section SD. Honorarium for Attending CAW Members. CAW
members shall receive honorarium for each monthly attendance and this
honorarium shall be sourced from the penalties and fees gathered in the
implementation of this Act.”

SEC 3. New Sections 4A to 4B is hereby inserted after Section 4 of RA 8485, to read

as follows:

“Section 4A. Prohibition to put live animals in cargo holds of buses
or trunks of cars. It shall be a criminal offense to transport dogs or other
animals in cargo holds of buses, trunks of cars or other places in vehicles
which lack ventilation. Management and staff of transport companies —
whether planes, bus or ships — shall be held liable for violation of this Act if
they allow animals to be put in areas of their carriers unless these areas are
specifically prepared to carry live animals without endangering their welfare
or causing them suffering or death.”

As per the Resolution for Transport of Live Specimens (Conf. 10.21),
the Convention on International Trade in Endangered Species (CITES)
recommends that all parties dealing with the preparation and transport
Animals Regulations (LAR)and incorporate them in their national
legislations.

“Section 4B. Humane Livestock Transport. - Live farm animals like
pigs and chickens should likewise be transported in vehicles with ample space
for them to stand up and with protection from elements like rain or extreme
heat. This is regardless of whether they are bound for slaughter or not.”

SEC 4. New Sections 6A to 6E are hereby inserted after Section 6 of RA 8485, to read

as follows:

“Section 6A. Who may file
Complainants on animal cruelty or neglect may be any one of the following:

(1) Any ordinary citizen with personal knowledge on the incident / cruelty
whether the animal is theirs or not


(2) Owner or guardian or caregiver of the animal involved

(3) _ Professional or non-professional working with animals with personal
knowledge on non-adherence to legislated animal welfare standards in the
handling or keeping, treatment or transporting of these animals (i.e.
veterinarians, laboratory scientists, caretakers)

(4) Officer or employee of Animal Welfare Division- Bureau of Animal
Industry

(5) Police officers

(6) Barangay captains or LGU officials

(7) Officer or representative of any animal welfare organization

(8) Government official”

“Section 6B. Training for Humane Handling and Reporting
Requirements for Facilities and Institutions which Use Animals. ~
Institutions that use or deal with animals are required to train personnel about
humane handling and humane catching. Training of trainors shall be
undertaken by BAI which may deputize animal welfare organizations and
private organizations who have the expertise in humane handling or catching
animals

Further, methods through which deficiencies in animal care and treatment may
be reported, including deficiencies in animal care and treatment reported by
any employee of the facility will be specified in Implementing Rules and
Regulations. No facility employee, committee member, or laboratory
personnel may be discriminated against, or be subject to any reprisal, for
reporting violations of any regulation or standards under the Animal Welfare
Act.”

“Section 6C. Prohibition of Pest Control and Private Animal Control
Companies to Treat Dogs and Cats as “Pests”. - It shall be a violation to treat
companion animals such as dogs and cats as “pests” under this Act. Animal
control of strays shall be solely assigned to the City Veterinarian’s Office.
Should the City Veterinarian sub-contract private companies to do the trapping
and euthanasia for the City, the Office of the said City Veterinarian shall draw
up a contract and ensure that provisions on Euthanasia and Humane Catching
under this Act are followed.

In the event of cruelty to dogs and cats captured for the purpose of animal
control, both the private company and the City Veterinarian can be held
liable.”

“Section 6D. Registration of Dog and Cat Breeders. - Any person
breeding dogs and cats to sell them should be required to register with the
Bureau of Animal Industry- Animal Welfare Division (BAI-AWD). BAI
AWD shalll require all licensed breeders keep record of their bitches, including
name, date of birth, address where kept, breed, colour, details of sire, date of
mating, and puppies birth dates, weight, description, and sale details -
including date of sale, name, address and type of purchaser (pet shop’private).


Maintaining these records accurately is a condition of licensing and the
records must be available for inspection at all times.

Aside from documentary requirements such as barangay clearances and SEC
or DTI registrations, BAI-AWD shall also issue humane guidelines for
breeding and shall make adherence to these guidelines a requirement before a
breeder can be registered.”

“Section 6E. Working Dogs. - Before issuing permits, BAl-AWD
must check compliance with issued minimum care standards that ensure the
physical, mental and emotional well-being of working dogs such as K-9 units,
bomb-sniffing dogs, search-and- rescue dogs, seeing-eye dogs.

Failure to comply with minimum standards of care shall make the owners,
handlers and/or staff members of agencies that provide these working dogs
liable under this Act.
Retired working dogs shall not be bred but must be neutered /spayed and rehomed by
coordinating with accredited animal welfare organizations, or euthanized by a
licensed veterinarian using the approved procedures under this Act.”

SEC 5. New Sections 7A to 7D are hereby inserted after Section 7 of RA 8485, to read
as follows:

“Section 7A. Protection of Persons Intervening to Alleviate Pain,
Fear and Suffering in Animals. - Any person who, acting in good faith, responds
or intervenes without using violence or restraint greater than necessary to ensure
the safety of an animal being abused, shall not be held criminally, civilly or
administratively liable.

Anyone who undertakes to get a chained or caged starving, suffering or sickly
animal from the premises of an owner who has been remiss in providing for its
basic needs shall not be held criminally, civilly or administratively liable provided
that

1. The barangay or subdivision association have confirmed in writing that all
attempts to contact the owner of the dog or property where the dog is kept
have failed;

2. Entry into the premises is supervised by at least two barangay officials or law
enforcement officials.

3. During the seizure and transfer of the animal, no other item or piece of
property is touched except for what is necessary to get the animal which is in
imminent danger of death.

4. Steps are taken to secure the property or premises from succeeding intruders
with new locks under the care of barangay or subdivision officials.

5. A written note to the owner of the dog or the premises is left in the area where
dog used to be and a duplicate with the barangay or subdivision officials as to
who may be contacted regarding the animal


Damage to property such as broken locks and other expenses related to the
seizure such as replacement of locks or broken windows shall be for the
account of the owner of the animal.”

“Section 7B. Deputization of Inspection Officers. ~ The Director of
BAI shall deputize animal welfare enforcement officers from non-government
organizations with proven track records in filing criminal charges against
animal offenders. Guidelines for the gathering of evidence, filing criminal
charges shall be drawn up by the Committee on Animal Welfare to guide the
Inspection Officers. Procedures will include issuance of warning tickets with
a checklist on the conditions to be improved. Warnings will be up to second
warning only before filing of chargesenforcement agencies shall designate
animal welfare enforcement officers who shall assist in the implementation of
this Act. As such, the animal welfare enforcement officers shall have the full
authority to seize and rescue illegally traded and maltreated animals and to
arrest violators of this Act subject to existing laws, rules and regulations on
arrest and detention.”

“Section 7C. LGU Facilities for Keeping Rescued Animals

The Local Government Unit (LGU) should have a facility separate from its
City Pound for rescued animals to be held as evidence in court cases. Food,
water and vet care shall be provided for these animals for the account of the
LGU until such a time that the animals can be presented as evidence in Court.
After their presentation as evidence, they can be fostered by individuals
screened by Animal Welfare NGOs accredited by the BAI AWD, neutered and
rehomed, or euthanized according to the approved Euthanasia Procedures
under this Act, if fostering or rehoming is not feasible due to lack of fosterers
or due to health or behavior issues that may make an animal unsuitable for
rehoming or fostering.

The Government may likewise sub-contract sheltering with an accredited
private shelter for as long as funding will be provided for that shelter and a
definite holding period for the animals is specified in the Memorandum of
Agreement between said LGU and the accredited private shelter.”

“Sec. 7D. Mandatory Spay-Neuter Of Dogs And Cats Rescued From

Cruelty Before Rehoming or Adoption. Rescued dogs or cats, once they are
deemed fit for spay-neuter surgery, shall be neutered or spayed before
rehoming, whether from an animal shelter or facility registered with BAI or an
LGU facility.
Violation of this provision shall cause either the issuance of a written warning
from BAI-AWD or a revocation of permit issued by BAI-AWD to that
facility. The erring facility’s permit will not be renewed until the oversight is
corrected and a written assurance from the facility veterinarian and facility
manager is received by BAI-AWD that all animals to be placed will be
neutered.

“Sec. TE. Establishment of Animal Welfare Desks in Police Stations
and Barangay Outposts. Animal welfare desks shall also be established in


each police station and barangay hall or outpost to ensure that those reporting
incidents of animal cruelty and neglect may receive proper guidance and
assistance. Barangay desk officers and officials, members of police that are
assigned at these Desks are required to attend a seminar conducted by BAI-
AWD or an accredited animal welfare NGO.”

“Section 7F. Legal Prosecution of Animal Welfare Violation Cases.
For the prosecution of animal welfare cases, the Department of Justice (DOJ)
through its public prosecutors may authorize any private law practitioner who
may be well-oriented with animal welfare law to prosecute and/or assist in
the prosecution of offenders.”

SEC 6. Section 8 shall now read —

“Section 8. Penalties. Any person who violates any of the provision
of this Act shall, upon conviction by final judgment, be punished by prision
mayor or imprisonment of not less than six (6) years and one (1) to twelve
(12) years and a fine of not less than Ten Thousand Pesos (P10,000.00).

Those convicted of pet neglect shall be prohibited from owning a dog, cat or
any companion animal in their lifetime.

If the violation is committed by a juridical person, the officer responsible
thereof shall serve the imprisonment.

If the violation is committed by an alien, he or she shall be immediately
deported after the service of sentence without any further proceeding.”

SEC 7. Section 9 shall now read —

“See. 9. Disaster-Relief and Response Program for Animals.

The AWD shall create a Committee led by the City Veterinarian and the
Regional Animal Welfare Officer who shall be responsible for drawing up
guidelines for Disaster Preparedness, Response and Relief for farm and
‘companion animals in their area. They will also set up a temporary holding or
evacuation area for these animals and are tasked to report immediately to DA-
BAI on the number of animals affected by a disaster occurring in their area.
BAI will fund these temporary shelters for affected animals and coordinate
with the LGU about providing food and water for them until the families or
farmers who own these animals are able to rebuild and return to their homes or
to a relocated area.”

SEC 8. Section 10 shall be added and shall read as

“See. 10. Appropriations and Animal Welfare Act Fund .- The
amount of ONE HUNDRED MILLION PESOS (P100, 000,000.00)
necessary for the implementation of the provisions of this amended Act
shall be initially charged against the appropriations of the Department of
Agriculture under the General Appropriations Act.

The fines and penalties collected under this Act shall likewise form part of
the Animal Welfare Act Fund. Donations from private institutions or


10

organizations may be accepted to carry out the mandate of implementing
the Animal Welfare Act.
The Bureau of Animal Industry shall be in-charge of handling the proper
accounting, disbursements and recording/documentation of all monies
received for this Fund.”

SEC. 8. Section 11 shall be added and shall read as

“Section 11. Repealing Clause. All laws, decrees, executive orders,
issuances or regulations inconsistent with the revisions of this Act are hereby
revised and amended accordingly.”

SEC. 9. Section 12 shall be added and shall read as
“Section 12, Separability Clause. If any portion or provision of this
‘Act is declared unconstitutional or invalid, the other portions or provisions
hereof, which are not affected, shall continue to be in full force and effect.”
SEC. 10. Section 13 shall be added and shall read as
“Section 13. Effectivity. This Act shall take effect fifteen (15) days

after its publication in the Official Gazette or in two (2) newspapers of general
circulation.”