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theChan Robles Virtual Law Library This page features the full text of
Republic Act No. 8485.
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.
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 therefor.
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, 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.
Sec. 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.
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 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:cralaw:red
(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.
Sec. 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:cralaw:red
(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.
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 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.
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: February
11, 1998
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