FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
"I) 
SENATE 
.. 
s.No.3319 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
In the past few months, Mali, Manila Zoo's lone female elephant, has received much 
attention from various media. Reports claim that Mali's condition is deteriorating due to neglect, 
improper handling, and her poor living conditions. According to news reports, the animal rights 
group People for the Ethical Treatment of Animals (PETA) has recommended Mali's transfer to 
an elephant sanctuary in Thailand, which can provide her proper care and rehabilitation. The 
sanctuary is also large enough to give Mali room to roam and hosts twelve other elephants that 
could help Mali integrate quickly with a herd. It was also reported that Dr. Mel Richardson, an 
elephant expert who has examined Mali, strongly supports the transfer given Mali's condition. 
PETA has claimed that it will pay for all the costs of Mali's transfer but will need a Convention 
on International Trade in Endangered Species (CITES) export permit from the Philippine 
government. Yet, despite all the support PET A has received from more than 40 animal protection 
organizations from around the globe, and from individuals for their call to transfer Mali, officials 
of the Manila Zoo, have been headstrong in keeping Mali confined. 
Reports claim that Dr. Donald Manalastas, division chief of the zoological division of 
Manila Zoo, insisted that Mali is better otT in their custody. Dr. Manalastas, who is not an 
elephant expert, claimed that with Mali's age, the chance of Mali surviving the trip to Thailand is 
low. Nonetheless, because of the mounting pressure the Office of the President has been 
receiving to transfer Mali, Executive Secretary Paquito Ochoa, Jr., in May 2012, has directed the 
Department of Agriculture (DA) and the Bureau of Animal Industries (BAI) to determine the 
1 


condition of Mali and facilitate her transfer to a sanctuary upon completion of their study and 
evaluation on the matter. However, six months after receiving the directive from the Office of 
the President, the BAI and DA have yet to submit a report and its recommendations on Mali's 
health and possible transfer. 
The Animal Welfare Act has proven to be inefficient in addressing the plight of animals, 
especially those in captivity. Apart from the small pecuniary penalties that do not really act as a 
deterrent, the Animal Welfare Act is bereft of penalties targeting irresponsible or negligent, and 
culpable government officials. The Animal Welfare Act should therefore address current issues 
hounding the state of animals in captivity, and its inadequacy to provide a provision ensuring 
government action. This bill aims to amend the Animal Welfare Act and provide a limited time 
frame upon which the BAI and DA should act. Failure to act within such time frame will result 
in administrative action against those government officials who are responsible. Likewise, the 
government shall be mandated to create a special committee in charge of overseeing the welfare 
of animals in captivity, paIiicularly those in zoos, in order to properly monitor the welfare of 
animals in their enclosed habitats. 
Esteemed veterinarian and author, Dr. Michael V. Fox, once said, "Zoos are becoming 
facsimiles - or perhaps caricatures - of how animals once were in their natural habitat. If the 
right policies toward nature were pursued, we would need no zoos at all." It is the State's duty to 
protect all life, including those of animals, in order to uphold its mandate to advance the right of 
the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. 
To paraphrase German philosopher Arthur Schopenhauer, to assume that animals are without 
rights and the illusion that our treatment of them has no moral significance is an example of 
human crudity and barbarity. Universal compassion is the only guarantee of morality. 
Lw.... 4~.~~ ~".fu 
~RIAM DEF~NSOR S;(NTI¥I0 
2 


2 
3 
FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENATE 
S.N°·Z3-19 
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 in the Senate and House of Representatives of the Philippines in the 
Congress assembled: 
4 
SECTION I. Section 5 of Republic Act No. 8485, otherwise known as the Animal 
5 
Welfare Act of 1998, is amended to read as follows: 
6 
Sec. 5. There is hereby created a Committee on Animal Welfare attached to the 
7 
Depmtment of Agriculture which shall, subject to the approval of the Secretary of 
8 
the Department of Agriculture, issue the necessary rules and regulations for the 
9 
strict implementation of the provisions of this Act, including the setting of safety 
10 
and sanitary standards, within thirty (30) calendar days following its approval. 
II 
Such guidelines shall be reviewed by the Committee every three (3) years from its 
12 
implementation or whenever necessary. 
13 
. The Committee shall be composed of the official representatives of the 
14 
following: 
15 
(I) The Department ofInterior and Local Government (DILG); 
16 
(2) Department of Education [Culture and Sports (DECS)] (DEPED); 
17 
(3) Bureau of Animal Industry (BAI) of the Department of Agriculture 
18 
(DA); 
19 
(4) Protected Areas and Wildlife Bureau (PAWB) of the Depattment of 
20 
Environment and Natural Resources (DENR); 


2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
(5) National Meat Inspection Commission (NMIC) of the DA; 
(6) Agriculture Training Institute (A TI) of the DA; 
(7) Philippine Veterinary Medical Association (PVMA); 
(8) Veterinary Practitioners Association of the Philippines (VP AP); 
(9) Philippine Animal Hospital Association of the Philippines (P AHA); 
(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). 
12 
The Committee shall be chaired by a representative coming from the 
13 
private sector and shall have two (2) vice-chairpersons composed of the 
14 
representative of the BAI and another from the private sector. 
15 
THE COMMITTEE SHALL CREATE SPECIAL A WORKING GROUP 
16 
TO HELP OVERSEE THE HEALTH AND WELFARE OF ANIMALS IN 
17 
CAPTIVITY, PARTICULARLY THOSE IN ZOOS. THE GROUP SHALL BE 
18 
COMPOSED OF TWO QUALIFIED ANIMAL WELFARE ORGANIZATIONS, 
19 
APART FROM THOSE ABOVEMENTIONED, ONE REPRESENTATIVE 
20 
FROM 
THE 
BUREAU 
OF 
ANIMAL 
INDUSTRY, 
AND 
ONE 
21 
REPRESENTATIVE FROM THE PROTECTED AREAS AND WILDLIFE 
22 
BUREAU. 
23 
The Committee AND THE SPECIAL WORKING GROUP shall meet 
24 
quarterly or as often as the need arises. The Committee members shall not receive 
25 
any compensation but may receive reasonable honoraria from time to time. 
26 
THE COMMITTEE AND ITS SPECIAL WORKING GROUP SHALL 
27 
BE 
MANDATED 
TO 
SUBMIT 
A 
YEARLY 
REPORT 
ON 
ITS 
28 
ACCOMPLISHMENTS AND RECOMMENDATIONS TO THE OFFICE OF 
2 


THE PRESIDENT, AND FURNISH A COPY TO THE HOUSE OF 
2 
REPRESENTATIVES AND THE SENATE, ON OR BEFORE MARCH 3l. 
3 
LIKEWISE, THE COMMITTEE AND SPECIAL WORKING GROUP SHALL 
4 
POST IN THEIR MEMBERS' WEBSITES, IF ANY, SUCH REPORT BEFORE 
5 
MAY 31 OF EACH YEAR. 
6 
SECTION 2. New Sections 7A is hereby inserted after Section 7 of Republic Act No. 
7 
8485, to read as follows: 
8 
"Sec. 7 A. Upon a sworn complaint or affidavit filed with the Bureau of 
9 
Animal Industries (BAI) or the Protected Areas and Wildlife Bureau (P A WB) 
10 
requesting for a study, evaluation, recommendation, or action on the alleged 
II 
improper or lack of care of animals in establishments or facilities, such as pet 
12 
shops, kennels, veterinary clinics, veterinary hospitals, stockyards, corrals, stud 
13 
farms or stock farms, or zoos, the BAI or the P A WB shall conduct an evaluation 
14 
of such establishments or facilities within thirty (30) days from receipt of such 
15 
affidavit, and shall submit its report, together with its recommendations, or act on 
16 
said complaint, within forty-five (45) days from the stmi of such evaluation." 
17 
18 
SECTION 3. New Sections 8A is hereby inserted after Section 8 of Republic Act No. 
19 
8485, to read as follows: 
20 
"Sec. 8A. Failure of the government agency to act within the period 
21 
mentioned in Section 7 A shall be grounds for administrative action on the 
22 
government official charged with the study and evaluation of the establishment or 
23 
facility mentioned in the complaint or affidavit, and for the submission of a report 
24 
on such study or evaluation, for gross negligence. The government official or 
25 
employee responsible shall be penalized with a fine of ten thousand pesos 
26 
(P I 0,000.00) aside from the penalty he or she may be sanctioned with for gross 
27 
neglect of duty." 
3 


1 
SECTION 4. Repealing Clause. - All laws, orders, issuances, rules and regulations or 
2 
parts thereof inconsistent with the provisions of this Act are hereby repealed, modified, or 
3 
amended accordingly. 
4 
SECTION 5. Separability Clause. -
If any part of this Act is held invalid or 
5 
unconstitutional, the other parts or provisions thereof not affected shall remain valid and 
6 
effective. 
7 
SECTION 6. Effectivity. - This Act shall take effect fifteen(l5) days after its publication 
8 
in at least two (2) newspapers of general circulation. 
Approved, 
4