Begun and held in Metro Manila on Monday the
twenty-eight day of July, nineteen hundred and ninety-seven.
[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 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 object
of trade or as household pets. For purposes of this Act, pet animal shall
include birds.
SECTION 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 canceled 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
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 causes.
SECTION 3: The Director of the Bureau of Animal Industry shall
supervise and regulate the establishment, operation and maintenance of pet
shops, kennels, 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 fund in its budget for
the purpose.
SECTION 4: It shall be the duty of any owner 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.
SECTION 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 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 of the Philippines
(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 honoraria from time to time.
SECTION 6: It shall be unlawful for any person to torture any animal,
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 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 rather 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 id 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
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.
SECTION 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.
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 two (2) years or a fine or not
less than One thousand pesos (P1,000) nor more that Five thousand pesos
(P5,000) 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 further proceedings.
SECTION 9: All laws, acts, decrees, executive orders, rules and
regulations inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
SECTION 10: This Act shall be take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.