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Republic Act No. 8485

The Animal Welfare Act of 1998

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 Representatives of the Philippines in Congress assembled:

SECTION 1. It is the purpose of this Act to protect and promote the welfare of all animals in the Philippines by supervising and regulating the establishment and operations of all facilities utilized for breeding, maintaining, keeping, treating or training of all animals either as objects of trade or as household pets. For purposes of this Act, pet animal shall include birds.

SEC. 2. No person, association, partnership, corporation, cooperative or any government agency or instrumentality including slaughter houses shall establish, maintain and operate any pet shop, kennel, veterinary clinic, veterinary hospital, stockyard, corral, stud farm or stock farm or zoo for the breeding, treatment, sale or trading, or training of animals without first securing from the Bureau of Animal Industry a Certificate of Registration, therefore: The certificate shall be issued upon proof that the facilities of such establishment for animals are adequate, clean and sanitary and will not be used for, nor cause pain and/or suffering to the animals. The certificate shall be valid for a period of one (1) year unless earlier cancelled for just cause before the expiration of its term by the Director of the Bureau of Animal Industry and may be renewed from year to year upon compliance with the conditions imposed hereunder The Bureau shall charge reasonable fees for the issuance or renewal of such certificate. The condition. that such facilities be adequate, clean and sanitary, and that they will not be used for nor cause pain and / or suffering to the animals is a continuing requirement for the operation of these establishments. The Bureau may revoke or cancel such certificate of registration for failure to observe these conditions and other just causes.

SEC. 3. The Director of the Bureau of Animal Industry shall supervise and regulate the establishment, operation and maintenance of pet shops, kennel, veterinary clinics, veterinary hospitals, stockyards, corrals, stud farms and zoos and any other form or 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 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 power, 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 find in its budget for the purpose,

SEC. 4. It shall be the duty of any or operator of any land, air or water 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 provide sufficient food and water for such animals while in transit for more than twelve (12) hours or whenever necessary. No public utility shall transport any such animal without a written permit from the Director of the Bureau of Animal Industry or his/her authorized representative. No cruel confinement or restraint shall be made on such animals while being transported. Any form of cruelty shall be penalized even if the transporter has obtained a permit from the Bureau of Animal Industry. Cruelty in transporting includes overcrowding, placing of animals in the trunks or under the hood, trunks of the vehicles.

SEC. 5. 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 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 of the Philippines (PAHA);
  10. Philippine Animal Welfare Society
  11. Philippine Society for the Prevention of Cruelty to Animals (PSPCA);
  12. Philippine College of Canine Practitioners (PCCP)
  13. 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-chairman composed of the representative of the BAI and another from private sector.

The Committee shall meet quarterly or as the need arises. The Committee members shall not receive any honorariabut may receive reasonable honoraria from time to time.

SEC. 6. It shall be unlawful for any person or any animal, to neglect to provide adequate care, sustenance or maltreat any animal or to subject any dog or horse to dogfights or horsefights, kill or cause or procure 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 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; and
  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.
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 be done through humane procedures at all times.

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.

SEC. 7. 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.

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 nor more than two (2) years or a fine or not less than One Thousand Pesos (P 1,000.00) nor more than Five thousand pesos (5,000.00) or both at the discretion of the Court. If the violation is committed by a juridical person, the officer responsible therefore shall serve the imprisonment when imposed. If the violation is committed by an alien, he or she shall be immediately deported after service of sentence without any f proceedings.

SEC. 9. All laws, acts, decrees, executive orders, rules and regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 10. This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

Approved:

JOSE DE VENECIA, Jr.
Speaker
House of Representatives		                    NEPTALI GONZALES
President
Philippine Senate

This Act. Which is a consolidation of Senate Bill No. 2120 and House Bill No., 9274 was finally passed by the Senate and the House of Representatives on February , 1998 and February 2, 1998, respectively.

ROBERTO P. NAZARENO
Secretary-General
House of Representatives		                    HEZEL P. GACUTAN
Secretary of the Senate
Philippine Senate

Approved:

FIDEL V. RAMOS
President
Republic of the Philippines back

Metropolitan Manila Commission
Office of the Vice Governor
Ordinance No. 82-02

PROHIBITING THE KILLING, SELLING, OR OFFERING FOR SALE OF ANY DOG FOR FOOD, THE STORING OR OFFERING OF DOG MEAT FOR SALE WITHIN METRO MANILA, THE TRANSPORTING OF DOG AN]) I OR DOG MEAT TO AND FROM METRO MANLLA,PROVIDING PENALTIES FOR VIOLATION THEREOF AND FOR OTHER PURPOSES.

WHEREAS, there is public clamor not only in the Metro Manila area but also in the entire country for the proper treatment and protection of dogs, which are man�s faithful pet and companion in the home;

WHEREAS, the Metropolitan Manila Commission has intensified its campaign for canine protection in the face of the growing dog meat and trade in the country with Metro Manila as the entry point of dogs transported by ships, meter vehicles and trains form all directions: and

WHEREAS, there is a need for an ordinance for canine protection which shall have a uniform application in all cities and municipalities within Metro Manila.

NOW, THEREFORE, be it ordained by this Commission that:

SECTION 1. KILLING AND/OR SELLING OF DOGS PROHIBITED

The killing and selling of dog for food, or for any other purpose not hereinafter authorized, or the storage, selling or offering for sale of dog meat in restaurants, hotels, inns, boarding houses, and other eating places, or in any other place within Metro Manila is hereby prohibited: PROVIDED, however, that this prohibition shall not apply when there is a good and valid cause for the killing, or where the dog to be killed is a mad dog or one afflicted with an incurable disease in which case, the dog should be killed humanely and disposed of in accordance with existing health ordinances.

SECTION 2. TRANSSHIPMENT OF DOGS AND STORAGE AND KEEPING OF DOG MEAT

It is likewise prohibited for any person to ship or cause to be shipped or transported any dog to or from Metro Manila, except where the shipment of the animal is for a good and valid purpose as where the same shall be kept and cared for as a pet, but such case the transported animals shall each be placed in a suitable cage. Any person desiring to transport any dog to Metro Manila must first bring such dog to a veterinarian or a licensed animal clinic for anti-rabies vaccination, unless it has already been immunized and shall register the same pursuant to Section 6 hereof.

It is also prohibited for any person to bring in dog meat from any point outside Metro Manila and to store the same in any place or storage within Metro Manila, or transship such meat thru any exit point in Metro Manila.

SECTION 3. CRUELTY TO DOGS

It is prohibited for any person in Metro Manila to torture or torment a dog or for any owner to cruelty neglect to provide said animal with the necessary sustenance or shelter or to cruelty beat or mutilate the same, or for any person who, while transporting a dog to and from Metro Manila, shall do it in any manner that is tantamount to torturing or tormenting the animal or cruelty neglecting to provide it with the necessary sustenance or shelter

SECTION 4. VACCINATION

All dog owners within Metropolitan Manila shall submit their dogs for anti rabies vaccination by a licensed private or government veterinarian initially three (3) months immediately after birth, or within five (5) days from arrival within the area unless previously immunized, and regularly thereafter as determined by a competent veterinary officer The owner shall at all times be prepared to present a current certificate of vaccination to the proper authorities upon demand.

SECTION 5. REGISTRATION

All dogs within Metro Manila shall be registered with the Office of the Barangay Chairman concerned with one (1) week after birth or within (5) days from date of arrival within the barangay if the same was brought from elsewhere. A registration fee of One Peso and Fifty Centavos (1.50) for each dog registered shall be charged for the purpose, the same to be paid to the Office of the Barangay Treasurer, Fifty Centavos (P0.50) of which shall from part of the barangay fund, Fifty Centavos (P0.50) to be remitted to the City / Municipal Treasurer concerned and Fifty Centavos (P0.50) to the Metro Manila Commission, the same to constitute as a special fund to implement this Ordinance.

SECT1ON 6. CREATION OF A COMMITTEE

There is hereby created a Committee to be known as the Commission on Canine Protection. It shall be composed of a Chairman and two (2) members to be appointed by the Governor of Metro Manila and which shall oversee and supervise the implementation hereof

The Committee is authorized and empowered to call upon any official or employee in the Metro Manila Commission and in the cities and municipalities under its jurisdiction for such assistance as may be necessary and, for similar assistance, invite the representatives for private associations concerned with the welfare, care and health of dogs.

SECTION 7. DONATIONS

In order to carry out effectively the aims �and objectives of this Ordinance, the Metropolitan Manila Commission may accept donations in cash or in kind, from any foreign international organizations or body as well as from Filipino citizens residing abroad or in the Philippines, and from government and private entities within the Philippines.

SECTION 8 ESTABLISHMENT OF DOG KENNELS

The establishment of dog kennels within Metro Manila area is hereby authorized. The dog kennels as far as practicable shall be located in the central point of the Metropolitan Manila area and shall serve as the cordial Pound for dogs which may be confiscated or impounded under this ordinance.

SECTION 9. PENALTIES

Any person found guilty for violating Sections 1, 2, 3, 4, 5 and 6, hereof; shall be punished by a fine of not less than One Hundred Pesos (P100.00) and not more than six (6) months, both such fine and imprisonment at the discretion of the court.

In the case of violation of Section 2, the dog or dog meat being transshipped shall, in addition, confiscated and impounded or disposed of by the Committee on Canine Protection.

SECTION 10. COLLECTION OR FINES AND PENALTIES

The fines imposed for violation of this Ordinance shall be paid to the City or Municipal Treasurer concerned in the Metro Manila area who shall turn over the same to, and shall accrue as a special Rind of, the Metro Manila Commission to be expanded in the implementation of this Ordinance.

SECTION 11. APPROPRIATION

The sum of One Hundred Thousand Pesos (P100,000.00) is hereby appropriated out of the revenues of the Metro Manila Commission as an initial outlay for the implementation of this Ordinance. Thereafter, the funds to be used for the purpose of this Ordinance shall come from subsequent appropriation in the budget of the Metro Manila Commission and from donations, fees and fines collected hereunder.

SECTION 12. SEPARABILITY CLAUSE

If for any reason any section or provision of this Ordinance is declared illegal or unconstitutional, other sections or provisions hereof which are not affected thereby shall continue to be fill force and effect.

SECTION 13. REPEALING CLAUSE

All ordinances, rules and regulation of cities and municipalities in Metro Manila which are inconsistent therewith are hereby repealed or modified accordingly.

SECTION 14. EFFECTIVELY

This ordinance shall take effect upon its approval.

DONE IN MANILA, PHILIPPINES, this 8th day of July in the Year of our Lord, nineteen hundred and eighty two.

By: Authority of the Governor

ISMAEL A. MATHAY JR.
Vice Governor

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