Law on Animal Cruelty?

A photo grabbed from Bing Images.

Recently, some provisions of the Republic Act No. 8485 or otherwise known as  "The Animal Welfare Act of 1998" has been amended.  The amendments of this law are espoused in Republic Act No. 10631.

For this post, I will provide what are the salient features of the said amending law.

Section 1 of R.A. 8485 is hereby amended.  Thus, the purpose of the law is to protect and promote the welfare of all terrestrial, aquatic and marine animals in the Philippines.

How to protect and promote the welfare of these animals?  

These animals are protected and their welfare are promoted 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.

Please take note that pets do include birds.

What is the definition of animal welfare?

Animal Welfare - pertains to the physical and psychological well-being of animals.  It includes, but not limited to, the avoidance of abuse, maltreatment, cruelty and exploitation of animals by humans by maintaining appropriate standards of accommodation, feeding and general care, the prevention and treatment of disease and the assurance of freedom from fear, distress, harassment, and unnecessary discomfort and pain, and allowing animals to express normal behavior.

Prohibited Acts under this Amendment as it amended Section 6 of R.A. 8485:

It shall be UNLAWFUL for any person to:

1.  torture any animal;

2.  neglect to provide adequate care;

3.  neglect to provide sustenance of care;

4.  maltreat any animal;

5.  subject any dog or horse to dogfights or horsefights;

6.  kill or cause or procure to be tortured;

7.  deprived of adequate care, sustenance or shelter;

8.  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 and horses is likewise hereby 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. 

As provided in the additional section in the amending law, it is also UNLAWFUL for any person who has custody of an animal to abandon the animal.

What is an abandonment?

Abandonment - means the relinquishment of all rights, title, claim, or possession of the animal with the intention of not reclaiming it or resuming its ownership or possession.

Abandonment shall constitute an act of maltreatment.  If it results to death of the animal, the person liable shall suffer the maximum penalty.

PENALTIES for animal cruelty, maltreatment or neglect:

1.  Imprisonment of one year and six months and one day to two years and/or a fine not exceeding One Hundred Thousand Pesos if the animal subjected to cruelty, maltreatment or neglect DIES;

2.  Imprisonment of one year and one day to one year and six months and/or a fine not exceeding Fifty Thousand Pesos if the animal subjected to cruelty, maltreatment or neglect survives but is SEVERELY INJURED WITH LOSS OF ITS FACULTY TO SURVIVE ON ITS OWN AND NEEDING HUMAN INTERVENTION TO SUSTAIN ITS LIFE; and

3.  Imprisonment of six months to one year and/or a fine not exceeding Thirty Thousand Pesos for subjecting any animal to cruelty, maltreatment or neglect but without causing its death or incapacitating it to survive on its own.

If the violation is committed by a juridical person, the officer responsible thereof shall serve imprisonment.  If it is committed by an alien, he or she shall be immediately deported after the service of sentence without any further proceeding.

The penalty of two years and one day to three years and/or a fine not exceeding Two Hundred Thousand Pesos shall be imposed if the offense is committed by any of the following:

1.  a syndicate;

2.  an offender who makes business out of cruelty to an animal;

3.  a public officer or employee; or

4.  where at least three animals are involved.