Republic of the Phili
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

HOUSE BILLNO._ S094

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 non-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
Rep ive, AGHAM Party-List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

- a
HOUSE BILL No._GO94

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 (ATI) 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 (PSPCA);

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;

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

5. When done for the purpose of animal population control;

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 by a
licensed veterinarian


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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
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.