REPUBLIC
ACT NO. 8485
AN ACT TO PROMOTE ANIMAL WELFARE IN THE PHILIPPINES,
OTHERWISE KNOWN AS "THE ANIMAL WELFARE ACT OF 1998"
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.
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 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.
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 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 powers, 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 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;
(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 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 of not less than One
thousand pesos (P1,000.00) nor more than Five thousand pesos
(P5,000.00) or both at the discretion of the Court. If the
violation is committed by a juridical person, the officer
responsible therefor 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 take effect fifteen (15) days
after its publication in at least two (2) newspapers of
general circulation.
Approved: February 11, 1998
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