Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
Third Regular Session

COMMITTEE REPORT NO. 2678
Submitted by the Committee on Revision of Laws on__00 FEB 2013
Re House BitNo _ 6893

Recommending its approval in substitution of House Bill Nos. 3369, 5849, 6089, 6094,
6605 and 6049

Sponsors Representatives Marlyn L. Primicias-Agabas and Bernadette
Herrera-Dy -

Mr, Speaker

The Committee on Revision of Laws to which were referred House Bill No.3369,
introduced by Reps. Ma. Amelita A. Calimbas-Villarosa and Anthony Rolando T.
Golez, entitled:

"AN ACT TO INCREASE THE PENALTY FOR CRUELTY TO ANIMALS,
AMENDING FOR THE PURPOSE SECTION 8 OF REPUBLIC ACT NO. 8485”

House Bill No. 5849, introduced by Reps. Bemadette R. Herrera-Dy, Angelo B.
Palmones and Eduardo R. Gullas, entitled:

“AN ACT AN ACT AMENDING REPUBLIC ACT 8485 OTHERWISE KNOWN AS
"THE ANIMAL WELFARE ACT OF 1998"

House Bill No. 6049, introduced by Rep. Joaquin Carlos Rahman A. Nava, entitled:

"AN ACT TO PROMOTE THE ANIMAL WELFARE IN THE PHILIPPINES,
STRENGTHENING FOR THIS PURPOSE THE ANIMAL WELFARE DIVISION
UNDER THE BUREAU OF ANIMAL INDUSTRY OF THE DEPARTMENT OF
AGRICULTURE, AND FOR OTHER PURPOSES”

House Bill No. 6089, introduced by Rep. Reynaldo V. Umali, entitled:
“AN ACT AMENDING SECTION 8 OF REPUBLIC ACT NO. 8485, OTHERWISE

KNOWN AS "THE ANIMAL WELFARE ACT OF 1998" BY INCREASING THE
PENALTY PROVIDED"


and House Bill No. 6094. introduced by Reps. Angelo B Palmones and Maria
Isabelle “Beng” G. Climaco, entitied

“AN ACT TO AMEND REPUBLIC ACT NO. 8485: AN ACT TO PROMOTE ANIMAL
WELFARE IN THE PHILIPPINES. OTHERWISE KNOWN AS “THE ANIMAL

WELFARE ACT OF 1998”
and House Bill No. 6605, introduced by Reps. Diosdado “Dato” M. Arroyo”, entitled

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

has considered the same and recommends that the attached House Bill No.

6893 entities

ISTHENING THE ANIMAL

“AN ACT STREI FARE ACT OF THE PHILIPPINES’

be approved in substitution of House Bill Nos. 3369, 5849, 6049, 6089, 6094 and 6605 with
Reps, Bemadette R. Herrera-Dy, Ma. Amelita A. Calimbas-Villarosa, Anthony Rolando T.
Golez, Angelo 8. Palmones, Reynaldo V. Umali, Ma. Isabelle “Beng” G. Climaco, Jane T.
Castro, Diosdado "Dato" M. Arroyo, Gloria M. Macapagal-Arroyo, Joaquin Carlos Rahman A.
Nava, Eduardo R, Gullas and Marlyn L. Primicias-Agabas as authors thereof.

Respectfully submitted,

Ly dal /
MARL’ PRIMIGIAS-AGABAS.
Chairpérs:


Congress of the
Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Third Regular Session

House ditt wo, 6893

(In substitution on House Bill Nos. 3369, 5849, 6089, 6049, 6094, and 6605)

introduced by Representatives Semadette R. Herrere-Dy, Ma. Amelita Calimbas-Villarosa
Anthony Roiando T. Golez, Angelo B. Paimones, Reynaldo V. Umali, Maria Isabelle G.
Climaco, Jane T. Castro, Diosdado JM Macapagal Arroyo, Gloria M. Macapagal-Arroyo, JC
Rahman A. Nava_and Marlyn L. Primicias-Agabas

AN ACT
STRENGTHENING 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. Short Title. ~ This Act shall be known and cited as the "Animal Welfare
Act of the Philippines 2013"

SEC. 2, Declaration of Policy. ~ \t shall be the policy of the State to protect and
promote the welfare of all terrestrial, aquatic and marine animals, by establishing a system of
supervision and regulation in all aspects of its keeping, maintaining, handling, transporting,
breeding, training, treating and use of all animals either as object of trade, working animals
of as household pets, in adherence to the five basic freedom of animal namely: (1) freedom
from thirst, hunger and malnutrition; (2) freedom from physical discomfort and pain; (3)
freedom from injury and disease: (4) freedom to conform to essential behavioral pattern:
and (5) freedom from fear and distress.

SEC. 3. Coverage. - This Act shall apply to all programs, activities and undertakings
of persons, corporations. associations. organizations, animal producers, small-hold farmers,
entities or government agencies that handle, breed, train, keep, care, transport, use any
animal whether as pet, livestock, wildlife, thru entertainment or show; or operate, maintain
any facility for animals either as shelter, Kennel, pet shops, stockyard, corral, stud farm or
stock farm, slaughter houses, 200, pound, including sea or ocean animal facility, veterinary
clinics and hospitals, laboratories, and the like

SEC. 4. Objectives - The state shall promote the welfare of all animals by

establishing rules, regulations, guidelines and standards and endeavour to achieve the

following objectives:


(4) To promote animal welfare by providing rules, regulations, guidelines and

standards in the establishment and operation of animal facilities, transportation, and

the like

(2) To establish welfare guidelines and standards in the breeding, importation
‘experiment, maintaining, keeping, treating and training of all animals:

(3) To promote animal health through the maintenance of adequate, clean and
sanitary facilities used in the keeping, breeding, treating and training of animals;

(4) To promote responsible pet ownership through education and information

dissemination’

(8) To regulate the operation and maintenance of animal facilities or any
establishment where animals are kept for whatever reason or purpose;

(6) To formulate rules and regulations that will ensure the promotion of animal welfare
in the establishment, maintenance and operation of any pet shop, kennel, pound,
shelter, slaughter houses, veterinary clinic, veterinary hospital, stockyard, corral, stud
farm, or stock farm or zoo for the breeding, raising, treatment, sale or trading, or

training of animals;

(7) To establish inter-agency, multi-sectoral and local government cooperation for the
promotion and protection of animal welfare;

(8) To create an organizational structure that will effectively implement theprovisions

of this Act and all laws relevant to it: and
(9) To promote public awareness and concern for the care of animals and its welfare

SEC. 5. Animal Welfare Principles. ~ Any animal welfare standard, practice,

policy and regulation must take into account the following principles

(a) Decisions regarding animal care, use, and welfare shall be made by balancing
scientific knowledge and professional judgment with consideration of ethical and

societal values:

(b) Animals must be provided water, food, proper handling, health care, and an
environment appropriate to their care and use, with thoughtful consideration for their
species-typical biology and behaviour,

(c) Animals should be cared for in ways that minimize fear, pain, stress, and suffering:

n


(d) Conservation and management of anima! populations should be humane, socially

responsible, and scientifically prudent

(e) Protection of animal habitat is an animal welfare consideration;

(f) Consider the five basic freedom of animals: (1) freedom from thirst, hunger and

malnutrition: (2) freedom from physical discomfort and pain; (3) freedom from injury

and disease; (4) freedom to conform to essential behavioural pattern; and (5)

freedom from fear and distress

(g) Animals shall be treated with respect and dignity throughout their lives and, when

necessary, provided humane death

SEC. 6. Definitions. - As used in this Act, the following terms shall mean:

(e) _Animal- refers to domesticated vertebrate and invertebrate species under the
control of man, which may be food producing, companion, labor, aquatic or laboratory
including birds. The term excludes human and non mammalian species

(b) Animal welfare -. refers to the physical and psychological well being of
animals. It includes but not limited to the avoidance of abuse, maltreatment, cruelty and
exploitation of animals by humans by maintaining appropriate standards of accommodation,
feeding and general care, the prevention and treatment of disease and the assurance of
freedom from fear, distress, haressment, and unnecessary discomfort and pain, and
allowing animals to express normal behaviour.

(c) Animal Facility - refers to structure or premise used for the purpose of caring,
breeding, rearing, holding, gaming, training, trading, treating, and exhibition such as but
rot limited to farms, 200s, aviaries, apiaries, kennels. race tracks, cockpits, pet shops,
pounds, animal rescue centers, airport and seaport quarantine stations, animal holding
facilities, stables, livestock, markets, slaughter houses, veterinary clinics, and veterinary
hospitals

(d) Captive Animals - refer to animals that are confined for education or recreational
purposes in places such as but not limited to zoos, sanctuaries, including rescue centers,
sea or ocean facility and the like.

(e) Euthanasia - refers to the process of painless death to animals.

(f) Pet Animals - refer to documented or otherwise, or domestic animals intended for

‘companionship, therapy, seeing and hearing guides, recreation and value formation, and
breeding such as but not limited to dogs, cat, fishes, rabbits, rodents, reptiles and birds
that are either acquired locally or through importation under government rules and
regulations .

(9) Transport Facility- refers to any transportation public or private, whether air, water,
land including tricycles and the like used to transport animals to a particular destination


= The Animal Welfare Division (AWD)

SEC. 7. Animal Welfare Division (AV/D)
{ry (Al) of the Department of Agriculture

shall be created under the Bureau of Animal ind
(DA) which shall be primarily responsible for overseeing. supervising, regulating and
promoting the welfare of animals including all animal facilities and establishment where
animals are held, treated, maintained, bred, trained: or kept for sale and trade as well as
transportation thereof whether public or private to ensure animal care and welfare; and
prevent any incident of death, sickness or infliction of cruelty and maltreatment of animals. It
shall be chiefly responsible in ensuring the implementation of animal welfare regulations,
programs and standards

The AWD shall be headed by a Division Chief who shall be responsible for the
general administration and management of the AWD. The Division Chief of the AWD shall
be appointed by the Secretary of the Department of Agriculture and shall perform such other
duties that may be assigned to him/her. He/she must possess adequate knowledge, training
and experience in the field of veterinary science and/or veterinary medicine.

The Animal Welfare Division (AWD) shall consist of three (3) sections, the
Registration and Permit Section, Monitoring and the Enforcement Section. The BAI shall
prepare the plantilla of personnel of the Division

SEC. 8. - Powers and Duties of the AWD — The Animal Welfare Division shall

have the following powers and duties:
1. To establish a system for the effective implementation of this Act;

2. To adopt measures to ensure that no animal cruelty, maltreatment and the like
are inflicted to animals in any animal facilities including but not limited to
residential, 200s and sanctuaries, pounds, public and private transport system

3. To establish an emergency response system to rescue and/or refer animals
victim of abuse, cruelty and maltreatment to recognized animal shelter or

facility whether public or private:

4, To establish an emergency animal response and rescue system in case of
calamities such as but not limited to floods. earthquakes and the like:

5. To immediately seize, confiscate animals in any facility defined herein found
to be violating the provisions of this act. its implementing rules and regulations
and other regulations and standards issued for the strict implementation of act,

6. To inspect vehicles or any transport system used to transport animals and to
order the closure, stoppage of operation of any said transport facility violating


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the provisions of this acl ils implementing rules and regulations, and other

regulations and standards issued for the strict implementation of this act

7. To stop, confiscate or order the impounding of any transport system public or
private found to be violating the provisions of this Act, its rules and regulations
including other regulations and standards issued for the strict implementation of

this Act

8, To inspect animal facilities used for training, keeping, maintaining, breeding,
keeping or holding animals including veterinary clinics, fix or mobile and
hospitals to ensure compliance with animal welfare standards and regulations;

ies found violating the provisions

9. To close or order the closure of animal faci
of this act or any animal welfare standards and regulations after proper

relocation of animals;

10. To delegate certain powers and functions to the local government units,
relevant and necessary for purposes of effectively implementing animal welfare

programs and standards:

11. To monitor compliance by the local government units of the animal welfare

programs, standards, rules and regulations.

12, To ensure proper coordination and tie ups with non-government
organizations, people's organizations and the academe for the strict
implementation of the rules and regulations issued;

13.To supervise and monitor the implementation of this Act and to ensure strict

‘compliance thereof.

14. To deputize personnel from regional field units, local government units, non-
government organizations, people's organizations, community organizations and
certain veterinary professionals to assist in the implementation of this Act.

15. To establish and maintain @ database surveillance and management
information system on animal welfare in the Philippines

16. To act as repository of dats and documents which may be utilized by the
Bureau, government agencies, non-government organizations



16
7
18
19

20

ion, certification, inspection and

47. To levy and collect fees for its regis

‘monitoring system.
18. To collect fines and penalties pursuant to the provisions of this Act;

19. To release data and information to the public through the use of both tri-

media and non-traditional media.

20. To keep records and documents pertaining to animal welfare in the country
as well as the maintenance of surveillance and management information system

on the animal welfare

21. To create and maintain a web based registry accessible to the public of all
the animal facilities in the country, whether public or private,

22. To issue certifications, authorizations and permits necessary for the
establishment maintenance and operation of animal and transport facilities, as
well as to create a system and guidelines in the determination of approval of the
application of said certifications, authorizations and permits:

23. To establish @ system and regulations in the inspection of animal facilities,

24. To conduct regular as well as random inspections to ensure that the
continuing qualifications for the release and renewal of the issued certifications,
authorizations and permits are duly complied with and to impose necessary

sanctions in case of non-compliance:

25. To create, establish and implement a national program on rewards and
incentives for Most Animal Welfare Friendly Region, Province and City;

26. To perform such other duties and responsibilities which are necessarily included

in a achieving the purpose of this Act

SECTION 9. Advisory Committee on Animal Welfare (CAW)- There is hereby
created a Committee on Animal Welfare (CAW) attached to the Department of Agriculture
(DA) which shall, subject to the approval of the Secretary of the Department of Agriculture,
recommend the necessary rules and regulations for the strict compliance of the provisions of
this Act,

The CAW shall likewise recommend to the AWD and from time to time, revise code
of practice for the purpose of providing practical guidance in respect of any provision made.
under this act. An adopted code of practice may specify requirements:


=

for the keeping, breeding, treatment, handling, transportation, sale, killing,

catching, trapping, netting, marking, care, use, husbandry or management of an

animal or a class of animal, or

(b) in relation to licensed premises or facilities, the setting of safety and sanitary

standards, transportation, equipment or conditions at licensed premises.

‘SEC. 10. Composition and Meetings of the CAW. - The CAW shall be composed of

the official representatives of the following

(a) one (1) from the Animal Welfare Division of the Department of Agriculture (DA);

(b) one (1) from the Department of Education, (DEP ED) or Academe

{c) one (1) from the Protected Areas and Wildlife Bureau (PAWB) of the Department

of Environment and Natural Resources (DENR)

(c) one (1) from the Department of Interior and Local Government (DILG);

(d) one (1) from the National Meat inspection Service of the DA;

(e) one (1) from a nationally recognized Veterinary Associations: and

(f) one (1) from Agricultural Training and Institute (ATI) of the DA

(g) one (1) from Philippine Veterinary Medical Association (PVMA)

(h) one (1) from Veterinary Practitioners Association of the Philippines (VPAP)

(I) one (1) from Philippine Animal Hospital Association (PAHA)

{j) one (1) from Philippine Animal Welfare Society (PAWS)

(k) one (1) from Philippine Society for the Prevention of Cruelty to Animals (PSPCA)

()) one (1) from Philippine Society of Swine Practitioners (PSSP)

(m) one (1) from Philippine College of Canine Practitioners (PCCP)

(n) one (1) from Philippine Society for Animal Science (PSAS)

(0) one (1) from Department of Justice (DOJ) and

(p) six (6) representatives from the qualified Animal Welfare Organizations with two

from Luzon, Two (2) Two (2) from Visayas and to (2) from Mindanao

The Animal Welfare Division (AWD) shall consist of two sections, the permitting
section and the enforcement section. The BA! shall prepare the plantilla of personnel of the
Division

‘The CAW shall be chaired by the Division Chief of the AWD. The AWD shall act as
secretariat to the advisory committee. It shall be responsible for calling the meetings and
sending notices for such meetings. The secretariat shall also be responsible in records
keeping and ensuring correct transcription of minutes of meetings. The CAW shall mest
quarterly or as often as the need arises. :

Within fifleen (15) days from the effectivity of this Act, the Secretary of the

Department of Aariculture shall issue advisory to concerned government offices, academe,


&

concerned NGOs, veterinary associations and animal welfare organizations to submit their
recommendation andlor application for membership to the Advisory Committee.

Except for the identified government agencies, the other institutional members of
the Committee shall be appointed by the Secretary of Agriculture upon the endorsement of
the Chief of the AWD pursuant to an application or as nominated by their respective
agencies/sectors

The application and nomination of the institutional members shall commence after
(15) days from the time this Act takes effect and shall last for thirty (30) days. The
appointments shall be made within thirty (30) days from the nomination.

Each member shalll have a term of service of two (2) years unless earlier removed for
just cause pursuant to the rules on the matter subject to the assessment of the Animal
Welfare Division

The procedure for removal and replacement, as well as enforceable disciplinary
actions of members shall be established in the intemal rules and regulations of the
Committee which shall be formulated and issued by the Committee thirty (30) days after the
appointment of the minimum number of alt its representatives.

SEC. 11. Requirements for Advisory CAW Members and Nominees

The existing and additional animal welfare organizations and non-animal welfare
NGOs shall submit the following annually:

1. Updated SEC Registration

2. BIR registration

3. Annual Reports 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 ingredient 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 the receipt of yearly
written notice to submit the documentary requirements,

SEC. 12. Nomination and Appointment of Animal Welfare NGOs

Animal welfare NGOs in Luzon, Visayas and Mindanao who meet the qualifications
indicated 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.


dee

oe
30,

35

Qualified animal welfare NGO CAW members must be appointed within sixty (60)

days from their submission of nominations forms to the BAI Director.
SEC. 13, Forfeiture or Termination of CAW Membership for the Year

Non-government Members - Three (3) consecutive non-attendance of the official or

his alternate AWAC representative for the organization shalll result in the termination of the
said NGOs 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 waming memo to the
personnel involved with the third incident of non-attendance as grounds for replacement of
the representative of the goverment agency. The BAl Director shall write asking for the

replacement of the said representative for the next CAW meeting.

Sec. 14. Honorarium for Attending CAW Members. The CAW members shall not
receive any additional compensation but may receive reasonable honorarium for each
monthly attendance which shall be sourced from funds accrued from the penalties and fees
collected in the implementation of this Act. The Department of Agriculture shall allocate from
its appropriations funds to pay for the honorarium for the first year of implementation of this
Act and thereafter include in its annual appropriations.

SEC. 15. Qualifications and Functions of Regional, Provincial, City and
Municipal Animal Welfare officers. ~ A Regional Animal Welfare Officer shall be appointed
by the Secretary of the Department of Agriculture upon recommendation of the Division
Chief of the Animal Welfare Division. The said officers must possess the following minimum
qualifications:

4. Veterinarian with minimum one (1) year experience on the veterinary practice or an
animal husbandry graduate;

2, Has undergone relevant
Provinces, cities and municipalities shall also assign their respective animal welfare

ing on animal welfare practices

officers and necessary technical support staff to effectively implement the provisions of this
Act. The said officers shall possess at the very least the same qualifications as that of the
Regional Animal Welfare Officer.
The Provincial Animal Welfare Officer shall report to the Director of the Bureau Animal
Industry, through the Chief of Animal Welfare Division and shall have the following functions:
1. Supervise the operations of the municipal animal welfare officers in the province
including investigations of reports of violations of the Animal Welfare Act.


industry, with specific recommendations

2. Submit to the Director of Bureau of Anim
on applications for permits, through the Chief of Animal Welfare Division.
3. Submit reports on violations of the Animal Welfare Act, with recommendations, to

imal Welfare Division.

the Director of Bureau Animal industry, through the Chie!
re Officers:

Functions of the Municipal Animal We
4, Process application for permits to operate pet shops, kennels, veterinary clinics,

Veterinary hospitals, stockyards, corrals, stud farms, breeding operations and zoos, as well
as the transport of animals in any form of public or private maximum comfort while in transit

2. Monitor the operations of permittees with respect io implementation of the
provisions of this Act

3. Confiscate animals which are the subject of violations of this Act.

4. Gather evidence and file charges against violator of this Act
5. Assist government prosecutors in the prosecution of violators of this Act.

Funetions of the City Animal Welfare Officers

The City Animal Welfare Officers shall report to the Director of the Bureau of Animal
Industry. They shall have the same functions the Municipal Animal Welfare Officers.

SEC. 16. Bureau of Animal Industry. The Director of the Bureau of Animal Industry
(BAl) through the Animal Welfare Division (AWD) shall supervise and regulate the
establishment, operation and maintenance of pet shops, kennels, veterinary clinic, veterinary
hospitals, stockyards. corrals, stud farms and zoos and any other form or structure for the
confinement or animals where they are bred, treated, maintained, or kept either for sale or
trade or for training as well as the transport of such animals in any form of public or private
transportation facility to provide maximum comfort while in transit and minimize, if not totally
eradicate incidence of sickness and death and prevent any cruelty from being inflicted upon
the animals. The Director may call upon any government agency for assistance consistent
with its powers, duties and responsibilities for the purpose of ensuring the effective and
efficient implementation of this act and the rules and regulations promulgated thereunder.

It shall be the duty of such government agency to assist said director when called
upon for assistance using any available funds in its budget for the purpose,

SEC. 17. Certification Requirement - No person, association, partnership,
corporation, cooperative or any goverment 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, zoo, animal shelters,
animal sanctuaries. pounds and the like without first securing from the AWD a certificate of
registration thereof.

Operating without necessary permits, certification and authorizations required shall
be punishable with imprisonment not exceeding one (1) year and fine not exceeding Fifty

10


20

»

43

24

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sss specified otherwise, shali merit

thousand pesos (P50,000.00). Subsequeni violations.
Thousand the perpetual prohibition to apply for same permits, certifications and
authorizations

The certification shall be issued upon proof that the facilities of such establishment
for animals are adequate, clean and sanitary and complies with animal welfare standards
required for its use and purpose and that the same will not be used for, nor cause any pain
or suffering to the animals. The certificate shall be valid for 2 period of one year unless
earlier cancelled for just cause before the expiration of its term by the AWD and may be
renewed from year to year upon compliance of the conditions imposed hereunder. The AWD.
shall charge reasonable fees for the issuance and renewal of such certificate.

The condition that such facilities be adequate and appropriate for the type of animal,
clean and sanitary, and that they will not be used for, nor cause any pain and/or suffering to
the animals is @ continuing requirement for the operation of these establishments, AWD may
revoke or cancel such certificate or registration for failure to observe this conditions and
other just causes,

Government officials or employees who shall issue any permit, certification or
authorizations when applicants are not qualified to obtain the same shall be punished with
the same fine and term of imprisonment as the offenders and shall likewise be disqualified to
work for government agencies and/or instrumentalities which issue certificates or permits to
the public for same period as the term of imprisonment but shalll in no case be less than one
year. This sanction shall be imposed as a separate penalty from other administrative

‘sanctions which may be imposed under other laws.

SEC.18. Mayor's Permit Requirement - No Local Government Unit shall issue
mayor's or business permit to any person, association, partnership, corporation, cooperative
or government agency or instrumentality without the presentation of certificate coming from
the AWD that it has complied with the animal welfare standards set forth herein or any rules
and regulations as may hereafter be enforced.

For purposes of this Act, what is adequate and appropriate, clean and sanitary shall
be defined in the Implementing Rules and Regulations taking into consideration the nature
and needs of the specific animal or specie thereof. Other relevant international standards

may be used as reference for this purpose.

SEC. 19. Transportation of Animals. \t shall be the duty of any owner or operator
of any land, air or water private and/or public utility transporting pet, wildlife and all other
animals to provide in all cases adequate, clean and sanitary facilities for the safe

conveyance and delivery thereof to their consignee at the place of consignment. They shall


18
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in transit for more than tweive (12)

provide sufficient food and water for such animais whi

hours or whenever necessary.

No public or private utility shall transport any such animal without @ written permit
from the Animal Welfare Division or its authorized representative. No cruel confinement or
restraint shall be made on such animals while being transported. including their loading

unloading

Any form of cruelty shall be penalized even if the transporter has obtained @ permit
from the Animal Welfare Division. Cruelty in transporting includes overcrowding, placing of
animals in the trunks or under the hood trunks of the vehicles exposing animals to extreme

weather condition without adequate shelter.

SEC. 20. Prohibition to Put Live Animals in Cargo Holds of Abuses 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 and inappropriate
transpon cages, Management and staff of transport companies - whether planes, bus or
ships — shall be held liable for violation of his 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.”

No public or private utility shall transport any such animal without @ written permit
from the AWD and only after complying with the established rules and regulations on proper
animal transport as may be issued. Transport of animals for show or entertainment shall

likewise be regulated following welfare standards.

‘AWD shall ensure that only appropriate transport facility made for the specific animal
specie shall be authorized to transport animals. It shall create in consultation with AWAC.
specific standards for transportation of animals according to its classification. Cruel
confinement and restraint shall be accordingly defined, taking into consideration the specific
need, behaviour and nature of the animal being transported.

‘Any vehicle used in the transportation or importation/exportation of animals in
violation of the provisions of this Act shell be deemed an instrument employed in the
and forfeited in favor of the

commission of the crime. and shall be ordered confisc:
government upon conviction of the accused

If the animal involved is pet animals and wildlife animal, the penalties shall be

imposed in its maximum


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SEC. 21. 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. 22. Prohi
shall be unlawful for any person to torture any animal, to neglect to provide adequate care,

ion on Cruelty, Maltreatment or Neglect or Killing Animals. It

sustenance or shelter, or maltreat any animal or to subject any animal to fights not
authorized or regulated by law, kill any such animals or cause or procure them to be killed,
tortured or be deprived of adequate care, sustenance or shelter, or maltreat or use the same
in research or experiments not expressly authorized by the Animal Welfare Division the
appropriate government agency in cases of terrestrial wildlife species and the like.
An act of cruelty and maltreatment includes but shall not be limited to the following:
(a) an act that causes an animal unnecessary suffering or pain such as but not
limited to torture, maltreatment and the like;
(b) exposing the animal to inhumane conditions and situations including inappropriate
shelter and /or transport facility,
(6) treatment that is inhumane such as but not limited to overcrowding, neglect or
failure to provide adequate care. sustenance and shelter: unnecessary restraint
(@) overworking an animal or failure to provide necessary rest
(e) abandonment of animal and/or leaving the animal under circumstances likely to
cause the animal unnecessary pain and suffering, or if its abandonment results in
death

The killing of any animal other than cattle pigs, goats, sheep, poultry, rabbits,
carabaos, horses, deer and crocodiles is likewise hereby declared unlawful except in the

following instances

(1) When it is done as part of the religious rituals of an established religion or
sect or a ritual required by tribal or ethnic custom of indigenous cultural
communities: however, leaders shall keep records in cooperation with the
Committee on Animal Welfare;

(2) When the pet animal is afflicted with an incurable communicable disease
as determined and certified by a duly licensed veterinarian
(3) When the killing is deemed necessary to put an end to the misery suffered

by the animal as determined and certified by a duly licensed veterinarian
(4) When it is done to prevent an imminent danger to the life or limb of a
human being


18

opulation control,

the Purp

(6) When the animal is killed after it has been used in authorized
research or experiments, and

(7) Any other ground analogous to the foregoing as determined and certified

licensed veterinarian.

In all the above mentioned cases. including those of cattle, pigs, goats, sheep,
poultry, rabbits, carabaos, horses, deer and crocodiles, the killing of the animals shall at all
times be done only through euthanasia or other humane procedures approved by the CAW
and in no case shall the animals be killed by way of electrocution or gas chamber using any
petrol or diesel exhaust, The list of animals allowed to be killed for food or for the reasons
enumerated maybe modified/revised as the need arises by the Committee on Animal
Welfare subject to the approval of the Secretary of the Department of Agriculture. For this
purpose, humane procedures shall mean the use of the most scientific methods available as

may be determined and approved by the committee

Likewise, possession of body carcasses or any parts thereof, meats of any animals,
whether raw, cooked or processed, other than those allowed under existing laws on food
animals, without the necessary permit or veterinary certificate from the National Meat
Inspection Service or local slaughterhouses showing the reasons for the killing and the
method used for the killing as well as the purpose for which the carcasses will be used is a
presumption that the animals were killed under circumstances prohibited under this Act thus
punishable. Buying and selling of meat, raw, cooked or processed, carcaesses or parts
thereof contemplated under this provision shall likewise be prohibited,

Sec. 23. Prohibition on Animal Fights — It is prohibited to subject animals to fights
not authorized or regulated by law such as, but not limited to dog fighting, horse fighting and
bull fighting. person must not

(2) cause, procure, permit, encourage, promote, organise or incite a fight in which an

animal is pitted against another animal:

(b) advertise. promote the intention to conduct such a fight: or

(6) attend such a fight

SEC. 24. Who may File Complaints. Compiainants 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) Officer or employee of Animal Welfare Division — Bureau of Animal industry


18

ent

= non govert

'é of any animal welfare organiza

organization

SEC, 25. Training for Humane handling and Reporting Requirements for
Facilities and Institutions with Use of animals — \nstitutions that use or deal with animals
are required to train personnel about humane handling and humane catching, Training of
trainors shall be undertaken by BA! 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 facilty 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

SEC. 26. Prohibition Of Pest Control And Private Animal Control Companies
To Treat Dogs And Cats As Pest. - it shall be a violation to treat companion animals such
as dogs and cats as “pest” under this Act. Animal control of strays shall be solely assigned to
the 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.

SEC. 27. Registration of Dog and Cats Breeding — 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 shall 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 t 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

SEC.. 28 Working Dogs. - Before issuing permits, BAI-AWD must check compliance
with issued minimum care standards that ensure the physical, mental and emotional well-
being of working dog such as employed units, bomb-sniffing dogs, search-and-rescue dogs.

and seeing-eye dogs.


26
37
28
29

mun: standards of care shall make the owners, handlers

Failure to comply with mi
andlor staff members of agencies that provide these working dog liable under this Act

Retired working dogs shall not be bred but must be neutered/ spayed and renomed
by coordinating with accredited animal welfare organizations, or euthanized by licensed
veterinarian using the approved procedures under this Act.

SEC. 29. Duty to Protect. It shall be the duty of every person to protect the natural
habitat of wildlife. The destruction of said habitat shall be considered as a form of cruelty to
animais and its preservation is a way of protecting the animals.

SEC. 30. 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 @ 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, and administratively liable provided that

1. The barangay or subdivision association have confirmed in writing that all attempts
to contract 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 a replacement of locks or broken windows shall be for the account of the owner of the
animal.”

Sec. 31. Deputization of Inspection Officers. The Director of BA! 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 charge 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 charges enforcement agencies shall designate animal welfare enforcement
officers who shall assist in the implementation of this Act. As such, the animal welfare

16


illegally traded and

enforcement officers shall have

maltreated animals and to arrest violators of this Act subject to existing laws, rules and

regulations on arrest and detention.”

Sec. 32. LGU Facilities for Keeping Recued 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 33. Mandatory Spay-Neuter of Dogs And Cats Rescued From Cruelty
Before Rehoming of 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-AAWD that Will animals to be
placed will be neutered.

Sec, 34 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 outposts 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 t these Desks are required to attend @ seminar
conducted by BAI-AWD or an accredited animal welfare NGO.

Sec. 35. Legal Protection 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 who shall be under their direct control

and supervision.


ntation of this

SEC. 36. Temporary Protection Custody. ctive implen

Act and Prosecution in case of violation thereof, the Local Government Unit where the

violation was committed or any non-government organization (NGO) devoted to animal
welfare may, upon prima facie determination of cruelty, maltreatment or neglect, take
immediate temporary protective custody over distressed animal to nurse it back to health
and for purpose of using it as evidenced in the trial against the animal abuser.

In the event that the offender is acquitted, the animal may be returned to him/her
subject to certain conditions that the LGU or NGO may impose. However. if convicted, the
protective custody over the animal becomes permanent and should the animal be capable of
being put up for adoption, then said animal be tumed over to an institution that offers
rescued animals for adoption

SEC. 37. 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 @ temporary
holding or evacuation arse for these animals end are tasked to report immediately to DA —
BAI on the number of animals affected by 2 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 relocation area

SEC. 38. Penalties. Any person’ who subjects any enimal to Cruelty, maltreatment
‘or neglect shall, upon conviction by final judgment, be punished by imprisonment andior fine,
as indicated in the following graduated scale:

1) Imprisonment of one (1) year and six (6) months and one (ay 91) to two years and/or a
fine not exceeding P100,000,00 (if the animal subjected to cruelty, maltreatment or neglect
dies
2) Imprisonment of one (1) year and one day to one (1) year and six months andor a fine
not exceeding P50,000.00 if the animal subjected to cruelty, maltreatment or neglect
Survives but is severely injured with loss of its natural faculty to survive on its own and
needing human Intervention to sustain its life; and
3) imprisonment of six months to one year andlor a fine not exceeding P30,000.00 for
subjecting any animal to cruelty, maltreatment or neglect but without causing its death or
incapacitating it to survive on its own.

If the violation is committed by a juridical person, the officer responsible thereof
shall serve the imprisonment. |f the violation is committed by an alien, he or she shall be
immediately deported after the service of sentence without any further proceeding,


6

The foregoing penalties shall also apply for any other violation of this act.

depending upon the effect or result of the act or omission as defined in the immediately
preceding sections

However, regardless of the resulting condition to the animals, the penalty of two (2)
years and one (1) day to three (3) years andlor a fine not exceeding Two Hundred Fifty
Thousand Pesos ( P250,000 00) shall be imposed if the offense is committed by any of the
following: (1) a syndicate; (2) an offender who makes business out of cruelty to an animal;
(3) a public officer or employee: or (4) where at least three animals are involved.

in any of the foregoing situations, the offender shall suffer subsidiary imprisonment in
case of insolvency and the inability to pay the fine

SEC. 39, Incentives for Informants. Informants on the violations of this Act shall be
compensated after charges have been filed against violators and same are found guilty of
violations of this Act. The compensation shall be established by the Bureau of Animal
Industry but shall not be less than Ten Thousand Pesos (P10.000) nor more than Fifty
Thousand Pesos (P50,000). The Bureau shall include in its annual appropriations the budget
to cover such incentives for informants.

SECTION 40. Implementing Rules and Regulations- The Bureau of Animal

ict implementation of

Industry shall promulgate the necessary rules and regulation for
is Act within ninety (0) days from the effectivity of this Act. Such
its implementation

3) year

by the

SECTION 41. Separability Clause. - |f for any reason any section or provision of
this Act or any portion thereof, or the application of such section, provision or portion thereof
to any person, group or circumstances is declared invalid or unconstitutional, the remainder
of this Act shall not be affected by such declaration and shall continue in full force and effect.

SECTION 42. Repealing Clause. - Republic Act No. 8485, as amended is hereby
repealed. All other laws, decrees, administrative orders, ordinances, rules and regulations or
parts thereof inconsistent with the provisions of this Act are hereby modified or repealed

accordingly

SECTION 43. Effectivity Clause. - This Act shall take effect after fifteen (15) days
are hereby repealed. In at leaty ast two (2) national newspapers of general circulation.

Approved

19


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15™ CONGRESS.
First Regular Session

8369

HOUSE BILL NO.

Introduced by REP. SALVADOR H. ESCUDERO III

EXPLANATORY NOTE

It has been noted that many of those arrested for violation of Republic Act No. 8485
are repeat offenders. Some are out on bail and their cases are still being tried. The penalty of
fine, which is from P 1,000.00 to 5,000.00, is way too low to serve as a deterrent. (The fine is
imposed as an alternative to imprisonment, not in addition thereto).

Some accused have been heard to admit that what they are made to pay the
government by way of fine is often less than the standard bribe they give to policemen who
pull them over with their hot cargo.

It is respectfully submitted that as noble as the objectives of the law are, they remain
elusive because the penalty is unrealistic. The penalty must be upgraded.

Le Hl
SALVADOR H. ESCUDERO III
Representative
1* District, Sorsogon


Repbublic of the Philippines
HOUSE OF REPRESENTATIVES

15™ CONRESS
First Regular Session

fe}
HOUSE BILL NO. 8369

Introduced by REP. SALVADOR H. ESCUDERO III

AN ACT
TO INCREASE THE PENALTY FOR CRUELTY TO ANIMALS. AMENDING FOR
THE PURPOSE SECTION 8 OF REPUBLIC ACT NO. 8485

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

SECTION 1. Section 8 of Republic Act No. 8485 is hereby amended as follows:
Mex XXX XXX

SEC. 8 Any person who violates any of the provisions of this Act shall, upon
conviction by final judgment, be punished by imprisonment of not less than [six (6)
months] ONE YEAR nor more [two (2)] FOUR years [or] AND a fine of not less than
(One) FIVE thousand nor more than (Five) TEN thousand pesos. If the violation is
committed by a juridical person, the office responsible therefore shall serve the
imprisonment. If the violation is committed by an alien, he or she shall be

immediately deported after service of sentence without any further proceedings.

FOR EVERY SUBSEQUENT CONVICTION UNDER R.A. 8485, THE
ACCUSED SHALL SUFFER AN ADDITIONAL ONE (1) YEAR MPRISONMENT
AND FIVE (5) THOUSAND PESOS FINE.

THE VEHICLE USED IN THE TRANSPORTATION OF ANIMALS
INVIOLATION OF SECTION 4 SHALL BE DEEMED AN INSTRUMENT
EMPLOYED IN THE COMMISSION OF THE CRIME, AND SHALL BE
ORDERED CONFISCATED AND FORFEITED IN FAVOR OF THE
GOVERNMENT.


Xxx XX Xxx”

SEC. 2. This Act shall take effect fifteen (15) days after its publication in at least two
(2) newspaper of general circulation.

Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

PIGTEENTH (ISTH) CONGRESS
First Regular Session

House Bill No. 549

Introduced by: Rep. Bernadette Herrera-Dy

EXPLANATORY NOTE

When the Animal Wellare Act of 1998 was passed in 1998, there were only two
animal welfare organizations incorporated in the Securities and Exchange Conimission.
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)
fed 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 seeks (0 give greater representation fo 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 arid 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 Jaw of the land for its measly fines and appareat 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 OIE1 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.

Itis in this light that I enjoin all my esteemed colleagues here in Congress to support
and quickly pass this Amendment.



Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

FIFTEENTH (15TH) CONGRESS
First Regular Session

House Bill No. 2

Introduced by: Rep. Bernadette Herrera-Dy -

AN ACT AMMENDING REPUBLIC ACT 8485 OTHERWISE
ANIMAL WELFARE AT OF 1998”

NOWN AS “THE

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 Commitee on Animal Welfare attached to the
Department of Agriculture ..-

xXx

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

1. The Department of Interior and Local Goverment

2. Dep Ed (formerly DECS or “Department of Education, Culture and Sports”)
3. Bureau of Animal Industry (BAI) of the Department of Agriculture (DA)

4. Protected Areas and Wildlife Bureau (PAW) of the DENR

5. National Meat Inspection Service (NMIS) of the DA
6
7.
8

Agricultural Training and Institute (ATI) of the DA
Philippine Veterinary Medical Association (PVMA)
Veterinary Practitioners Association of the Philippines (VPAP)
9. Philippine Animal Hospital Association (PAHA)
10. Philippine Animal Welfare Society (PAWS)
Philippine Society for the Prevention of Cruelty to Animals (PSPCA)
12, Philippine Society of Swine Practitioners (PSSP)
13, Philippine College of Canine Practitioners (PCCP)



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:

“Section 5A. 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 5B, Nomination and Appointment of Additional Animal
Welfare NGOs

Animal welfare NGOs in Luzon, Visayas and Mindanao who meet the
qualifications indicated in Section 5A 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 BAL
Director.

n 5C. Forfeiture or termination of CAW Membership for

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
of live animal specimens follow the instructions provided by IATA's Live

Animals. Requlations (t/and incorporate them in their national
legislations.

ection 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:

() 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 =

G3) 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 (ie.
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, ot 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 (BALAWD). BAI
AWD shall 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, BAI-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 shail not be held criminally, civilly or administratively liable provided
that:

n

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;

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

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.

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

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 Ditector 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
soreened 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. Anitnal 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 aceredited animal weifare 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 (P 10,000.00)

Those convicted of pet negiect 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

“Sec. 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-
BAL 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
toa relocated area.”

SEC 8. Section 10 shail 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.”


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Fifteenth Congress
First Regular Session

HousE BLL No. 6069

Introduced by Rep. Reynaldo V. Umali

EXPLANATORY NOTE

Recently, a photograph of a dog stuffed in a sack, tied to the rear of a
Sports Utility Vehicle, and transported though the city streets spread
virally on the internet. It has since spread like wildfire through social
networking sites like Facebook and Twitter causing outrage online.

Several months ago, another tale of animal cruelty was in the news. It
was reported that a syndicate was producing “crush videos’ and
selling them in the black market. A crush video features animals
being stepped upon and crushed to death. The said videos were
supposed to cater to certain individuals who found such acts
entertaining.

In both cases, citizens unanimously branded the acts as cruel. Animal
welfare groups have been trying-to assist law enforcers in the
prosecution of the perpetrators, Unfortunately, the organizations fear
that their conviction would not deter similar acts in the future
because the current law provides for miniscule penalties. Republic Act
No. 8485 or the Animal Welfare Act of 1998 states that any person
who violates any of the. provisions of the Act shall be punished by
imprisonment of not less than six (6) months nor more than (2) years
or a fine of not less than One Thousand Pesos (PI ,000.00) or both at
the discretion of the court. The English jurist, William Jones, said that
"Cruelty to animals is one of the distinguishing vices of low and base
minds. Wherever it is found, it is a certain mark of ignorance and
meanness; a mark which all the external advantages of wealth,
splendour, and nobility, cannot obliterate. It is consistent neither with
learning nor true civility.”

The public sentiment in favor of better treatment for animals must be
translated into public policy. Thus, there is a need to put more teeth
into the law against those who engage and trade on animal cruelty.
This bili seeks to provide a higher penalty for those who violate R.A.


Sh BOD,

8485, entitled "An Act To Promote Animal Welfare In The Philippines,
Otherwise Known As 'the Animal Welfare Act Of 1998.

Hence, the approval of this bill is earnesjiy fought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No. _O(-69

Introduced by Honorable REYNALDO V. UMALI

AN ACT AMENDING SECTION 8 OF REPUBLIC ACT NO. 8485,
OTHERWISE KNOWN AS "THE ANIMAL WELFARE ACT OF 1998"
BY INCREASING THE PENALTY PROVIDED

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

SECTION 1. Section 8 of Republic Act No. 8485 otherwise known as
the Animal Welfare Act of 1998, is amended to read as follows:

SECTION 8: Any person who violates any of the provisions of this Act
shall, upon conviction by final judgment, be punished by
imprisonment of not less than six (6) months nor more than FIVE
years or a fine of not less than ONE HUNDRED THOUSAND PESOS
(P100,000.00) or both at the discretion of the Court. If the violation is
committed by a juridical person, the officer responsible thereof shall
serve the imprisonment when imposed. If the violation is committed
by an alien, he or she shall be immediately deported after the service
of sentence without any further proceedings.

SECTION 2. Repealing Clause. - Any law, presidential decree or
issuance, executive order, letter of instruction, administrative order,
mule or regulation contrary to or inconsistent with, the provisions of
this Act is hereby repealed, modified, or amended accordingly.

SECTION 3. Effect
days after its publi
circulation,

yity Clause. - This Act shall take effect fifteen (15)
tion in at least two (2) newspapers of general

Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
FIFTEENTH CONGRESS
Second Regular Session

3094

HOUSE BILL NO.

Introduced by Hon. ANGELO B. PALMONES

AN ACT
TO AMEND REPUBLIC ACT NO. 8485: AN ACT TO PROMOTE ANIMAL
WELFARE IN THE PHILIPPINES, OTHERWISE KNOWN AS “THE
ANIMAL WELFARE ACT OF 1998”

EXPLANATORY NOTE

Despite the passage of the Animal Welfare Act of 1998 (RA 8485), there has been reported
violations of this Act. One of the main reason put forward for these violations is the absence

~ of adequate manpower to implement the Act particularly in the provinces. This is despite the
deputization of nof-government organizations to help in the implementation of the Act.
Compounding the inadequate manpower situation there appears to be a no-care attitude of the
public at large. They do not normally report to authorities violations of this Act

In addition to the above, the penalties imposed on the violations of this Act are very minimal
and violators just admit that they have violated the law and pay the fines and then go about
the business at hand.

These proposed amendments are meant to correct the situation. A Division of Animal
Welfare is proposed to be created in the Bureau of Animal Industry including the creations of
Provincial, City and Municipal Animal Welfare Officers who will be responsible for
gathering evidences of violations and filing of charges in the proper courts against violators.

To encourage the general public to report violations of this Act the informants shall be
awarded incentives. To discourage violations the penalties have been drastically and
‘commensurately increased in terms of fines and length of imprisonment.

To promote the welfare of animals it is urged that these amendments be adopted and
approved.

ANGELO B. PALMONES
tative, AGHAM Party-List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

House BILLNo,_SC94

Introduced by Hon. ANGELO B, PALMONES

AN ACT
TO AMEND REPUBLIC ACT NO. 8485: AN ACT TO PROMOTE ANIMAL
WELFARE IN THE PHILIPPINES, OTHERWISE KNOWN AS “THE
ANIMAL WELFARE ACT OF 1998”

Be it enacted by the Senate and House of Representative of the Philippines in Congress
Assembled:

SECTON 1. Title. This Act shall be known as the “Amended Animal Welfare Act of the
Philippines of 2012”

SECTION 2: THERE SHALL BE CREATED IN THE BUREAU OF ANIMAL
INDUSTRY AN ANIMAL WELFARE DIVISION TO BE HEADED BY A DIVISION
CHIEF. THE DIVISION SHALL HAVE THE FOLLOWING FUNCTIONS:

1, PROCESS APPLICATION PERMITS;

2. MONITOR THE OPERATIONS OF AND MAINTENANCE OF PET SHOPS,
KENNELS, VETERINARY CLINICS, VETERINARY HOSPITALS,
STOCKYARDS, CORRALS, STUD FARMS AND ZOOS, AND ANY OTHER
FORM OF STRUCTURE FOR THE CONFINEMENT OF ANIMALS WHERE
THEY ARE BRED, TREATED, MAINTAINED, OR KEPT EITHER FOR SALE.
OR TRADE OR FOR TRAINING PURPOSES AS WELL AS THE TRANSPORT
OF SUCH ANIMALS IN ANY FORM OF PUBLIC OR PRIVATE
TRANSPORTATION FACILITY IN ORDER TO PROVIDE MAXIMUM
COMFORT WHILE IN TRANSIT.

3. CONFISCATE ANIMALS FROM THE POSSESSION OF VIOLATORS OF THIS
ACT.

4. GATHER EVIDENCE AND FILE CHARGES OF PERSONS VIOLATING THIS
ACT

5. ASSIST GOVERNMENT PROSECUTORS IN THE PROSECUTION OF
‘VIOLATORS OF THIS ACT.

THE ANIMAL WELFARE DIVISION SHALL CONSIST OF TWO SECTIONS, THE
PERMITTING SECTION AND THE ENFORCEMENT SECTION. THE BUREAU OF
ANIMAL INDUSTRY SHALL PREPARE THE PLANTILLA OF PERSONNEL OF THE
DIVISION.


FURTHERMORE, THERE SHALL ALSO BE CREATED ANIMAL WELFARE
OFFICERS AT THE PROVINCIAL LEVEL, CITIES AND MUNICIPALITIES. THE
PROVINCIAL ANIMAL WELFARE OFFICER SHALL REPORT DIRECTLY TO THE
DIRECTOR OF THE BUREAU OF ANIMAL INDUSTRY AND SHALL HAVE THE
FOLLOWING FUNCTIONS:

1. SUPERVISE THE OPERATIONS OF THE MUNICIPAL ANIMAL WELFARE
OFFICERS IN THE PROVINCE INCLUDING INVESTIGATION OF REPORTS
OF VIOLATIONS OF THE ANIMAL WELFARE ACT;

2. SUBMIT TO THE DIRECTOR OF THE BUREAU OF ANIMAL INDUSTRY,
WITH SPECIFIC RECOMMENDATIONS ON APPLICATIONS FOR PERMITS,
THROUGH THE CHIEF OF THE ANIMAL WELFARE DIVISION;

3. SUBMIT REPORTS ON VIOLATIONS OF THE ANIMAL WELFARE ACT,
WITH RECOMMENDATIONS, TO THE DIRECTOR OF ANIMAL INDUSTRY,
THROUGH THE CHIEF OF THE ANIMAL WELFARE DIVISION;

FUNCTIONS OF THE MUNICIPAL ANIMAL WELFARE OFFICERS:

1. PROCESS APPLICATIONS FOR PERMITS TO OPERATE PET SHOPS,
KENNELS, VETERINARY CLINICS, VETERINARY HOSPITALS,
STOCKYARDS, CORRALS, STUD FARMS, BREEDING OPERATIONS AND
ZOOS, AS WELL AS THE TRANSPORT OF ANIMALS IN ANY FORM OF
PUBLIC OR PRIVATE TRANSPORTATION FACILITY IN ORDER TO
PROVIDE MAXIMUM COMFORT WHILE IN TRANSIT;

2, MONITOR THE OPERATIONS OF PERMITTEES WITH RESPECT TO
IMPLEMENTATION OF THE PROVISIONS OF THIS ACT;

3. CONFISCATE ANIMALS WHICH ARE THE SUBJECT OF VIOLATIONS OF
THIS ACT;

4. GATHER EVIDENCE AND FILE CHARGES AGAINST VIOLATOR OF THIS
ACT;

5. ASSIST GOVERNMENT PROSECUTORS IN THE PROSECUTION OF
VIOLATORS OF THIS ACT.

FUNCTIONS OF THE CITY ANIMAL WELFARE OFFICERS: THE CITY WELFARE
OFFICERS SHALL DIRECTLY REPORT TO THE DIRECTOR OF THE BUREAU OF
ANIMAL INDUSTRY. THEY SHALL HAVE THE SAME FUNCTIONS AS THE
MUNICIPAL ANIMAL WELFARE OFFICERS.

SECTION 3: There is hereby created a Committee on Animal Welfare attached to the
Department of Agriculture which shall, subject to the approval of the Secretary of the
Department of Agriculture, issue the necessary rules and regulations for the strict
implementation of the provisions of this Act, including the setting of safety and sanitary
standards within thirty (30) calendar days following its approval. Such guidelines shall be
reviewed by the Committee every three (3) years from its implementation or whenever
necessary.

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

1. The Department of Interior and Local Government (DILG);
2. Department of Education, Culture and Sports (DECS);


3, Bureau of Animal Industry (BAI) of the Department of Agriculture (DA);

4. Protected Areas and Wildlife Bureau (PAWB) of the Department of Environment and
Natural Resources (DENR);

5. National Meat Inspection Commission (NMIC) of the DA;

6. Agriculture Training Institute (AT!) of the DA;

7. Philippine Veterinary Medical Association (PVMA);

8. Veterinary Practitioners Association of the Philippines (VPAP);

9. Philippine Animal Hospital Association (PAHA);

10. Philippine Animal Welfare Society (PAWS);

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

12. Philippine Society of Swine Practitioners (PSSP);

13. Philippine College of Canine Practitioners (PCCP); and

14, Philippine Society of Animal Science (PSAS)

‘The Committee shall be chaired by a representative coming from the private sector and shall
have two (2) vice-chairpersons composed of the representative of the BAI and another from
the private sector.

‘The Committee shall meet quarterly or as often as the need arises. The Committee members
shall not receive any compensation but may receive reasonable honoria from time to time.
THE DEPARTMENT OF AGRICULTURE SHALL ALLOCATE FROM ITS
APPROPRIATIONS FUNDS TO PAY FOR THE HONORARIA OF THE MEMBERS OF
THE COMMITTEE ON ANIMAL WELFARE FOR THE FIRST YEAR OF
IMPLEMENTATION OF THIS AMENDED LAW AND THEREAFTER INCLUDE IT IN
ITS ANNUAL APPROPRIATIONS.

SECTION 4: It shall be unlawful for any person to torture any animal, or to neglect to
provide adequate care, sustenance or shelter, or maltreat any animal or to subject any dog or
horse to dogfights or horsefights, kill or cause or produce to be tortured or deprived of
adequate care sustenance or shelter, or maltreat or use the same in research or experiments
not expressly authorized by the Committee on Animal Welfare.

The killing of any animal other than cattle, pigs, goats, sheep, poultry, rabbits, carabaos,
horses, deer and crocodiles is likewise hereby declared unlawful except in the following
instances:

1, When it is done as part of the religious rituals of an established religion or sect or a
ritual by tribal or ethnic custom of indigenous cultural communities. However, leaders
shall keep records in cooperation with the Committee on Animal Welfare;

2. When the pet animal is afflicted with an incurable communicable disease/s
determined and certified by a duly licensed veterinarian;

3, When the killing is deemed necessary to put an end to the misery suffered by the
animal as determined and certified by a duly licensed veterinarian;

. When it is done to prevent an imminent danger to the life or limb of a human being;

When done for the purpose of animal population control;
When the animal is killed after it has been used in authorized research or experiments;
and

7. Any other ground analogous to the foregoing as determined and certified by a
licensed veterinarian.

ane


Inall the above mentioned cases, including those of cattle, pigs, goats, sheep, poultry, rabbits,
carabaos, horses, deer and crocodiles, the killing of the animals shall be done through
humane procedure at all times. THE LIST OF ANIMALS ALLOWED TO BE KILLED FOR
FOOD OR FOR THE REASONS ENUMERATED UNDER THIS SECTION MAY BE
MODIFIED/REVISED AS THE NEED ARISES BY THE COMMITTEE ON ANIMAL
WELFARE SUBJECT TO THE APPROVAL OF THE SECRETARY OF THE
DEPARTMENT OF AGRICULTURE

For this purpose, humane procedures shall mean the use of the most scientific methods
available as may be determined and approved by the committee.

Only those procedures approved by the Committee shall be used in the killing of animals.

SECTION 8: THE BUREAU OF ANIMAL INDUSTRY MAY DEPUTIZE NON-
GOVERNMENTAL ORGANIZATIONS (NGOS) TO ASSIST MUNICIPAL AND CITY
ANIMAL WELFARE OFFICERS IN CARRYING OUT THEIR FUNCTIONS.

SECTION 5: It shall be the duty of every person to protect the natural habitat of the wildlife.
The destruction of said habitat shall be considered as a form of cruelty to animals and its
preservation is a way of protecting the animals.

SECTION 10: THERE SHALL BE ALLOCATED INITIALLY THE SUM OF ONE
HUNDRED MILLION (P100,000,000) PESOS WHICH SHALL COME FROM THE
APPROPRIATIONS OF THE DEPARTMENT OF AGRICULTURE FOR THE
IMPLEMENTATION OF THIS ACT. THEREAFTER, THE FUNDS NEEDED TO
IMPLEMENT THIS ACT SHALL BE INCLUDED IN THE APPROPRIATIONS OF THE
BUREAU OF ANIMAL INDUSTRY.

SECTION 6: Any person who violates any of the provisions of this Act shall, upon
conviction by final judgement, be punished by imprisonment of not less than TWO YEARS
(2) nor more than SIX YEARS (6) or a fine of not less than ONE HUNDRED THOUSAND
PESOS (P100,000.00) or both at the discretion of the Court. If the violation is committed by
a juridical person, the officer responsible thereof shall serve the imprisonment when imposed.
If the violation is committed by an alien, he o she shall be immediately deported after the
service of sentence without any further proceedings.

DOGFIGHTING AND HORSEFIGHTING ARE EXCESSIVE FORM OF CRUELTY TO
ANIMALS. PERSONS RESPONSIBLE IN ORGANIZING DOGFIGHTS AND HORSE
FIGHTS, OWNERS OF ANIMALS USED IN DOGFIGHTING AND HORSEFIGHTING
AS WELL AS SUPPLIERS OF ANIMALS SHALL BE METED OUT THE PENALTY OF
IMPRISONMENT OF SIX (6) TO TWELVE (12) YEARS OR A FINE OF FROM ONE
MILLION PESOS (P1,000,000) OR BOTH AT THE DISCRETION OF THE COURT.

VIOLATION OF THE PROVISIONS OF THIS ACT FOR EACH UNIT OF ANIMAL
SHALL BE CONSIDERED AS SEPARATE VIOLATION.

SECTION 7: INCENTIVES FOR INFORMANTS: INFORMANTS ON THE
VIOLATIONS OF THIS ACT SHALL BE COMPENSATED AFTER CHARGES HAVE
BEEN FILED AGAINST VIOLATORS AND SAME ARE FOUND GUILTY OF
VIOLATIONS OF THIS ACT. THE COMPENSATIONS SHALL BE ESTABLISHED BY


THE BUREAU OF ANIMAL INDUSTRY BUT SHALL NOT BE LESS THAN TEN
THOUSAND PESOS (P10,000) NOR MORE THAN FIFTY THOUSAND PESOS
(P50,000). THE BUREAU SHALL INCLUDE IN ITS ANNUAL APPROPRIATIONS THE,
BUDGET TO COVER SUCH INCENTIVES FOR INFORMANTS.

SECTION 8. THE BUREAU OF ANIMAL INDUSTRY SHALL BE RESPONSIBLE FOR
THE PREPARATION OF THE IMPLEMENTING RULES AND REGULATIONS OF
THIS ACT AND SHALL ISSUE THE SAME WITHIN 90 DAYS FROM ITS APPROVAL.

SECTION 9: All laws, acts, decrees, executive orders, rules and regulations inconsistent
with the provisions of this Act are prelude or modified accordingly

SECTION 10: This act shall take effect fifteen (15) days after its publication in at least two
(2) newspapers of general circulation:


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS.
Third Regular Session

House Bill No. 6605

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and 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 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, proposes 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

DIOSDAD ;AL ARROYO. GLORIA4#ACAPAGAL ARROYO
Second District, Camarines Sur Secgfd District, Pampanga

wv


Republic of the Phi
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Third Regular Session

6605

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and 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 !S
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
1S 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

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

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

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 jaw, 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,


FACT SHEET

3
HousE BILLNO.__6893

In Substitution on
House Bill Nos. 3369, 5849, 6089, 6049, 6094 and 6605

AN ACT

STRENGTHENING THE ANIMAL WELFARE ACT OF THE PHILIPPINES

Introduced by: Representatives Bernadette R. Herrera-Dy, Ma, Amelita Calimbas-
Villarosa, Anthony Rolando T. Golez, Angelo B. Palmones, Reynaldo V. Umali,

Maria Isabelle G. Climaco, Jane T. Castro, Diosdado JM Macapagal Arroyo, Gloria

M, Macapagal-Arroyo, JC Rahman A. Nava and Marlyn L. Primicias-Agabas

Committee Referral: COMMITTEE ON REVISION OF LAWS
Committee Chairperson: HON. MARLYN L. PRIMICIAS-AGABAS

OBJECTIVES:

To promote and protect the welfare of all animals in the Philippines
To give greater representation to the animal welfare movement or organizations in
the Committee on Animal Welfare (CAW) — with at least two representatives from
Luzon, two from Visayas and two from Mindanao

To regulate the operation and maintenance of animal facilities or any
establishment where animals are kept for whatever reason or purpose;

KEY PROVISIONS:

Provides for the creation of an Animal Welfare Division (AWD) in the Bureau of
Animal Welfare Industry (BAI) under the Department of Agriculture (DA) who will
be responsible for overseeing, supervising, regulating and promoting the welfare of
animals including all animal facilities and establishment where animals are held

treated, maintained, bred, trained or kept

Mandates the appointment of regional. provincial and city animal welfare officers
and deputized animal welfare enforcement officers to assist the BAI-AWD in its

implementation of the animal welfare law.

Provides for the increased penalties on violations of animal welfare offences to
deter individuals from violating the law

RELATED LAW:

Republic Act No. 8485 “Animal Welfare Act of 1998'


FOR HON. FELICIANO BELMONTE, JR.
Speaker, House ot #

Try ATTY. ARLENE C. DADA-ARNALDO.

Depuly Secret F tee Affairs.

SPOT REPORT ON THE MEETING OF THE COMMITTEE ON REVISION OF LAWS
HELD 30 JANUARY 2013 1:30 P.M. AT CONFERENCE ROOM 5, MITRA BLDG.,
HOUSE OF REPRESENTATIVES

A. Approved the substitute bills on the following:

cation System
63, 855 AND 6931 on

Nos 131 261, 656. 3031 and 4233
96, 4003, 4033, 404;
ies For Carnapping.
1084 AND 8605 Amending Ra No 8486 Othermse

i Hi

i} HE Nos, 1400,
Increasing The Per

lll HB Nos, 3369, 5849, 6089 6
Animal We'fare Act, and

IV House Sill No, 376, Entitled: An Act Declanng January Twent
Working Holiday to be Known az National Farmer's Day

4057. 4084, 4090, 41

nown As The

Two Ot Every Year As A Speaal

&. The following bills declaring working holidays were deferred consideration in the absence of its
authors of sponsors:

id, Joint Resolution Declaring February 11, 2013 To Februsty
10, 2074 As The Centennial Year Of National Artist For Music, Maestro Lucio D. San Pedro

tL Holst ont Resolution No. 39, Entitled Joint Resolution Deciasing September 12 2019 To
September 1), 2014 As The Centennial Year Of National Artist For File” Geraico De | eon.

Hi House Bil No. 1651 Entited An Act Decianng July 7 Of Every Year A Special Working Holiday To

Commenstate The Founging Of The Katipunan,
nntled An Act Deciaring December 17 Of Every Year As “raw No Mga

( House Joint Resolution No 38, Entti

IV House Bill No. 3869,
Bayaning Pilpinong Alleta” A Special Working Holaay,

V House fill No. 5255. Entitled An Act Declanng August + Of Eacr Year As A Special Working
Hol ration OF Pres Corazon C. Aquinos Great Leadership in Resionng

try

ye
ROMUAKDO T. STA. CLARA

Noted oy

big Fe
arty, pETRA® wakcos
Setvige Director
Legal/Polnical li, CAD

‘Tne Champerson, Committee on Rules The Secretary General

iF CAD. The Denuty Executive Duector, CAD. The Service Drecicr CASS

eputy Speak
The Fxccutive Direc