rIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
I' [ 
.)u 
SENA1290 
S. No. 
Introduced by Senator Miriam Defensor Santiago 
_._---------------------------
EXPLANATORY NOTE 
Though we have an existing law on animal welfare, the experience of law enforcers and 
animal welfare organizations in dealing with violations of this law have shown how inadequate it 
IS. 
To strengthen the existing law, this bill will provide appropriations, regulate the 
establishment of shelters, establish a clearer system for the prosecution of animal welfare cases, 
increase penalties for violations, and protect the rescuers from unjust suits. 
When the Animal Welfare Act was passed in 1998, there were only two animal welfare 
organizations incorporated in the Securities and Exchange Commission, namely - the Philippine 
Society for the Prevention of Cruelty to Animals (PSPCA); and the primary lobbying 
organization for the Act, the Philippine Animal Welfare Society (PAWS). 
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 to give greater representation to the animal welfare movement 
by amending the Act in to add six (6) slots for animal welfare organizations in the Committee on 
Animal Welfare (CAW) - with at least two from every major island - Luzon, Visayas and 
Mindanao. 
The bill also provides an additional slot for the Philippine National Police (PNP) as the 
key element in ensuring effective implementation of the law against animal cruelty is to have our 
police take part in the craning of guidelines in terms of apprehension and gathering of evidence 
versus animal offenders. To add more manpower towards the enforcement of this Act, the 
deputization of animal welfare oHicers fromthe ranks of animal welfare NGOs is proposed. 
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Mahatma Gandhi said, "A nation's moral progress can be measured by the way it treats in 
animals." Animals also have the capacity to feel pain, and it should be the State's duty to protect 
them, as a society should protect its weakest members in order to achieve the greatest good. 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
'i I 
SENA.,Ta 
S. No. 
~~90 
( /t 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDING REPUBLIC ACT NO. 8485, OTHERWISE KNOWN AS 
"THE ANIMAL WELFARE ACT OF 1998" 
Be it enacted by the Senate and House of Representatives ()/ the Philippines in Congress 
assembled: 
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SECTION 1. Section 5 of Republic Act No. 8485, otherwise known as the Animal 
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Welfare Act of 1998, is amended to read as follows: 
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"Sec. 5. There is hereby created a Committee on Animal Welfare attached 
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to the Department of Agriculture which shall, subject to the approval of the 
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Secretary of the Department of Agriculture, issue the necessary rules and 
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regulations for the strict implementation of the provisions of this Act, including 
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the setting of safety and sanitary standards, within thirty (30) calendar days 
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following its approval. Such guidelines shall be reviewed by the Committee every 
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three (3) years from its implementation or whenever necessary. 
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"The Committee shall be composed of the ofiicial representatives of the 
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following: 
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1. 
The Department of Interior and Local Government; 
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2. 
DEPARTMENT OF EDUCATION; 
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3. 
Bureau of Animal1ndustry (BAI) orthe Depmiment of Agriculture 
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(DA); 
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4. 
Protected Areas and Wildlife Bureau (PAWB) of the Department 
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of Environment and Natural Resources (DENR); 
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5. 
National Meat Inspection SERVICE (NMIS) of the DA; 


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6. 
AGRICULTURAL Training and Institute (ATI) of the DA; 
7. 
8. 
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10. 
Il. 
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14. 
15. 
Philippine Veterinary Medical Association (PVMA); 
Veterinary Practitioners Association of the Philippines (VP AP); 
Philippine Animal Hospital Association (PAHA); 
Philippine Animal Welfare Society (PAWS); 
Philippine Society for the Prevention of Cruelty to Animals 
(PSPCA); 
Philippine Society of Swine Practitioners (PSSP); 
Philippine College of Canine Practitioners (PCCP); 
Philippine Society of Animal Science (PSAS); 
PHILIPPINE NATIONAL POLICE (PNP); AND 
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TWO (2) QUALIFIED ANIMAL WELFARE ORGANIZATIONS 
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WHOSE MAIN OPERATIONS ARE BASED IN LUZON; TWO 
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QUALIFIED ANIMAL WELFARE ORGANIZATIONS WHOSE MAIN 
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OPERATIONS ARE BASED IN VISA YAS; AND TWO QUALlFrED 
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ANIMAL 
WELFARE 
ORGANIZATIONS 
WHOSE 
MAIN 
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OPERATIONS ARE BASED IN MINDANAO. 
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The Committee shall be chaired by a representative coming from the 
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private sector and shall have two (2) vice-chairpersons composed of the 
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representative of the BAI and another Ii'om the private sector. 
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SECTION 2. New Sections SA to 5C are hereby inselted after Section 5 of Republic Act 
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No. 8485, to read as follows: 
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"Sec. SA. Requirements for CA 11' Members and Nominees. - The existing 
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and additional animal welfare organizations and non-animal welfare non-
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government organizations (NGOs) shall submit the following annually: 
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l. 
2. 
3. 
Updated Securities and Exchange Commission (SEC) Registration; 
Bureau ofInternal Revenue (BIR) Registration; 
Annual Report of Programs; 
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4. 
5. 
For animal welfare NGOs, programs in all of the following: 
humane education, spay-neuter, lobbying and campaigning against 
animal cruelty, rescue, rehabilitation and rehoming of animals, and 
disaster-relief for animals. 
For veterinary organizations, spay-neuter outreach programs for 
indigent pet owners. 
"Non-submission of the above 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. " 
"Sec. 58. Nomination and Appointment of Additional Animal We/j~re 
NOOs. - 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 Agriculture for tinal appointment. 
"Additional qualified animal welfare NGO CAW members must be 
appointed within sixty (60) days from their submission of nomination forms to the 
BAI Director." 
"Sec .5C. Forjeiture or Termination of CAW Membershipjor the Year.-
I. 
NON-GOVERNMENT MEMBERS - Three (3) consecutive non-
attendance of the of1icial or his or her 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. 
2. 
GOVERNMENT MEMBERS -
Two (2) consecutive non-
attendance of the official representative from a government entity shall cause the 
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issuance of a warning memorandum to the personnel involved with the third 
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incident of non-attendance as grounds for replacement of the representative of the 
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government agency. The BAI Director shall write asking for the replacement of 
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the said representative to the CAW after the third absence. The government 
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agency must immediately flJl in the vacancy by appointing a new representative 
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for the next CA W meeting." 
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"Sec. 50. Honorarium [or Attending CA W Members. - CAW members 
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shall receive honorarium for each monthly attendance and this honorarium shall 
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be sourced from the penalties and fees gathered in implementation of this Act." 
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SECTION 3. New Sections 4A to 4B are hereby inserted after Sec. 4 of Republic Act No. 
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8485, to read as [allows: 
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"Sec. 4A. Prohibition to Transporting Live Animals in Cargo Holds of 
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Buses or Trunks of Cars. -- It shall be unlawful to transport dogs or other animals 
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in cargo holds of buses, trunks of cars, or other places in vehicles which lack 
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ventilation. Management and staff of transport companies - whether planes, bus, 
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or ships - shall be held liable for violation of this Act if they allow animals to be 
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put in areas of their carriers unless these areas are specifically prepared to carry 
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live animals without endangering their welfare or causing them suffering Of death. 
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"All parties dealing with the preparation ffild transport of live animal 
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specimens by air shall follow the j nslructions provided by the International Air 
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Transport Association (lATA)'s Live Animal Regulations." 
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"Sec. 4B. Humane Livestock Transport. - Live fafm animals like pigs and 
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chickens should likewise be transported in vehicles with ample space for them to 
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stand up and with protection fi'om elements like rain or extreme heat. This is 
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regardless of whether they are bound for slaughter or not." 
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SECTION4. New Sections 6A to 6E are hereby inserted after Sec. 6 of Republic Act No. 
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8485, to read as follows: 
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"Sec. 6A. Who May File Complainants on Animal Cruelty or Neglect. -
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1. 
Any 
ordinary 
citizen 
with 
personal 
knowledge 
on 
the 
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incident/cruelty whether the animal is theirs or not; 
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Owner or guardian or caregiver ofthe animal involved; 
Professional or non-professional working with animals with 
personal knowledge on non-adherence to legislated animal welfare 
standards in the handling or keeping, treatment or transporting of 
these animals (i.e. veterinarians, laboratory scientists, caretakers); 
Officers or employees of the Animal Welfare Division of the 
Bureau of Animal Industry; 
Police officers; 
Barangay captains or officials of local government units; 
Officer or representative of any animal welfare organization; and 
Government officials." 
"Sec. 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 the Implementing Rules and 
Regulations. No facility employee, committee member, or laboratory persomlel 
may be discriminated against, or be subject to any reprisal, for reporting 
violations of any regulation or standards under the Animal Welfare Act." 
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"Section 6C. Prohibition of Pest Control and Private Animal Control 
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Companies to Treat Dogs and Cats as "Pests." - It shall be a violation to treat 
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companion animals such as dogs and cats as "pests" under this Act. Animal 
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control of strays shall be solely assigned to the City Veterinarian's Office. Should 
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the City Veterinarian sub-contract private companies to do the trapping and 
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euthanasia for the City, the Office of the said City Veterinarian shall draw up a 
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contract and ensure that provisions on Euthanasia and Humane Catching under 
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this Act are followed. 
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"In the event of cruelty to dogs and cats captured for the purpose of animal 
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control, both the private company and the City Veterinarian can be held liable." 
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"Sec.6D. Registration of Dog and Cat Breeders. - Any person breeding 
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dogs and cats to sell them should be required to register with the Bureau of 
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Animal Industry's Animal Welfare Division (BAI-AWD). BAI-A WD shall 
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require all licensed breeders keep record of their bitches, including name, date of 
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birth, address where kept, breed, colour, details of sire, date of mating, and 
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puppies birth dates, weight, description, and sale details including date of sale, 
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name, address and type of purchaser (pet shop/private). 
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"Maintaining these records accurately is a condition of licensing and the 
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records must be available for inspection at all times. 
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"Aside ti'om documentary requirements such as bamngay clearances and 
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SEC or DTI registrations, BAI-A WD shall also issue humane guidelines for 
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breeding and shall make adherence to thcse guidelines a requiremcnt before a 
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breeder can be registered." 
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"Sec. 6E. Working Dogs. - Before issuing permits, BAI-A WD must check 
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compliance with issued minimum care standards that ensure the physical, mental 
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and emotional well-being of working dogs such as K-9 units, bomb-sniffing dogs, 
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search-and- rescue dogs, seeing-eye. 
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"Failure to comply with minimum standards of care shall make the 
owners, handlers and staff members of agencies that provide these working dogs 
liable under this Act. 
"Retired working dogs shall not be bred but must be neutered Ispayed and 
rehomed by coordinating with accredited animal welfare organizations, or 
euthanized by a licensed veterinarian using the approved procedures under this 
Act." 
SECTION 5. New Sections 7 A to 7D are hereby inserted after Section 7 of RA 8485, to 
read as follows: 
"Sec. 7 A. Protection of Persons Intervening 10 Alleviate Pain, Fear and 
Suffering in Animals. -
Any person who, acting in-good faith, responds or 
intervenes without using violence or restraint greater than necessary to ensure the 
safety of an animal being abused, shall not be held criminally, civilly or 
administratively liable. 
"Anyone who undertakes to get a chained or caged starving, suffering or 
sickly animal from the premises of an owner who has been remiss, in providing 
for its basic needs shall not be held criminally, civilly or administratively liable 
provided that: 
1. 
The barangay or subdivision association have confirmed in writing 
that all attempts to contact the owner of the dog or property where the dog is kept 
have failed; 
2. 
Entry into the premises is supervised by at least two barangay 
officials or law enforcement officials; 
3. 
During the seizure and transfer of the animal, no other item or 
piece of property is touched except for what is necessary to get the animal which 
is in imminent danger of death. 
4. 
Steps are taken to secure the property or premises from succeeding 
intruders with new locks under the care of barangay or subdivision officials. 
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A written note to the owner of the dog or the premises is left in the 
area where the dog used to be and a duplicate with the barangay or subdivision 
officials as to who may be contacted regarding the animal. 
"Damage to properly such as broken locks and other expenses related to 
the seizure such as replacement of locks or broken windows shall he for the 
account of the owner of the animal." 
"Sec. 7B. Deputization of Animal Welfare Enjorcement and inspection 
Officers. - The Director of BAI shall deputize Animal Welfare Enforcement and 
Inspection Officers from non-government organizations with proven track records 
in filing criminal charges against animal offenders. The deputized officers shall 
assist in the implementation of this Act. As such, they 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. 
Guidelines for the gathering of evidence and filing of criminal charges shall be 
drawn up by the Committee on Animal Welfare to guide the deputized officers." 
"Sec. 7C. LGU Facilities jor Keeping Rescued Animals. -- The Local 
Government Unit (LGU) shall provide a facility to shelter rescued and stray 
animals. Animals which are being held as evidence in cases of violations of this 
Act shall be kept in separate facilities. Food, water and veterinary care shall be 
provided for all animals in the shelter by the LGU. The animals shall be available 
for adoption by individuals screened by Animal Welfare NGOs accredited by the 
BAl-WO. 
The Government may 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. 
"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 
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fostering, they shall be euthanized according to the approved Euthanasia 
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Procedures under this Act." 
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"Sec. 7D. Mandatory Spay-Neuter o/,Dogs and CalS Rescuedfrom Cruelty 
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b~/,ore Rehoming or Adoption. -- Rescued dogs or cals, once they are deemed fit 
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for spay-neuter surgery, shall be neutered or spayed before rehoming, whether 
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from an animal shelter or facility registered with BAI or an LOU facility. 
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"Violation of this provision shall cause either the issuance of a written 
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warning from BAI-A WD or a revocation of permit issued by BAI-A WD to that 
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facility. The erring facility's permit will not be renewed until the oversight is 
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corrected and a written assurance from the facility veterinarian and facility 
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manager is received by BAI-A WD that all animals to be placed will be neutered." 
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"Sec. 7E. Establishment of Animal Welfare Desks in Police Stations and 
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Barangay Outposts. - Animal welfare desks shall also established in each police 
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station and barangay hall or outpost to ensure that those reporting incidents of 
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animal cruelty and neglect may receive proper guidance and assistance. Barangay 
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desk officers and officials, members of police that are assigned at these Desks are 
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required to attend a seminar conducted by BAI-A WD or an accredited animal 
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welfare NOO." 
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"Sec. 7F. Legal Prosecution o/, Animal Weiflrre Violation Cases.-· For the 
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prosecution of animal welfare cases, the Department of Justice (DOJ) lhrough its 
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public prosecutors may authorize any private law practitioner who is well-
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oriented with animal welfare law to prosecute andl assist in the prosecution of 
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offenders." 
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SECTION 6. Section 8 of Republic Act No. 8485 is amended to read as follows: 
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"Sec. 8. Any person who violates any of the provisions of this Act shall, 
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upon conviction by final judgment, be punished by PRISION MAYOR OR 
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IMPRISONMENT OF NOT LESS THAN SIX (6) YEARS AND ONE (I) TO 
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TWELVE (12) YEARS AND a fine of not less than TWENTY THOUSAND 
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PESOS (P20,000.00). 
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"If the violation is committed by a juridical person, the officer responsible 
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thereof shall serve the imprisonment when imposed. If the violation is committed 
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by an alien, he or she shall be immediately deported after the service of sentence 
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without any further proceedings." 
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SECTION 7. Section 9 of Republic Act No. 8485 is amended to read as follows: 
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"Sec. 9. Disaster-Relief and Response Program for Animals. _. The AWD 
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shall create a Committee chaired by the City Veterinarian and co-chaired by the 
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Regional Animal Welfare Officer who shall be responsible for drawing up 
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guidelines for Disaster Preparedness, Response and Relief for farm and 
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companion animals in their area. They will also set up a temporary holding or 
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evacuation area for these animals and are tasked to report immediately to DA-BAI 
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on the number of animals affected by a disaster occurring in their area. BAI will 
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fund these temporary shelters for affected animals and coordinate with the LGU 
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about providing food and water for them until the families or farmers who own 
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these animals are able to rebuild and return to their homes or to a relocated area." 
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SECTION 8. A new section shall be added as Section 10, to read as follows: 
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"Sec. 10. Apprupriations and Animal Welfare Act Fund . . - Such amount 
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necessary for the implementation of the provisions of this Act shall be initially 
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charged against the appropriations of the Department of Agriculture under the 
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General Appropriations Act. 
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"The fines and penalties collected under this Act shall likewise form part 
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of the Animal Welfare Act Fund. 
Donations from private institutions or 
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organizations may be accepted to carry out the mandate of implementing the 
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Animal Welfare Act." 
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SECTION 9. Separability Clause. -- If any provision or part hereof is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 10. Repealing Clause. - Any tw, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
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with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 11. Effectivity Clause. -- This Act shall take effect fifteen (J 5) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
lacs 
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