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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE
- On September 30, 1958, then-President Carlos P. Garcia issued Proclamation No. 537, series of 1958, declaring the Fourth Day of October of each year as Kindness to Animals Day.
- Proclamation 537, s. 1958 calls upon all citizens and residents of the Philippines, government officials and employees, public and private schools, churches and civic organizations, to observe the same with appropriate programs and ceremonies to the end that all the people may develop attitude and habits of kindness to all living creatures.
- The proclamation highlighted the importance of instilling the virtues of kindness, justice, and mercy in all living creatures and condemned all forms of cruelty to both men and animals.
What is ‘animal welfare’?
The law says:
Animal welfare, as defined under Section 1 of R.A. No. 8485 or the Animal Welfare Act, 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.” (Section 1, R.A. No. 8485, as amended by R.A. 10631)
What is ‘abandonment’ for the purpose of animal welfare?
The law says:
Abandonment, as defined under Section 7 of the Animal Welfare Act, means the relinquishment of all right, title, claim, or possession of the animal with the intention of not reclaiming its ownership or possession. (Section 7, R.A. No. 8485, as amended by R.A. 10631)
What are prohibited acts under the Animal Welfare Act?
The Animal Welfare Act of 1998, as amended by Republic Act No. 10631, provides that:
SEC. 6. It shall be unlawful for any person to torture any animal, to neglect to provide adequate care, sustenance of 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 and horses is likewise hereby declared unlawful except in the following instances:
- 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;
- When the pet animal is afflicted with an incurable communicable disease as determined and certified by a duly licensed veterinarian;
- 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;
- When it is done to prevent an imminent danger to the life or limb of a human being;
- When done for the purpose of animal population control;
- When the animal is killed after it has been used in authorized research of experiments; and
- 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 and horses, the killing of the animals shall be done through humane procedures at all times.
SECTION 7. It shall be unlawful for any person who has custody of an animal to abandon the animal.
If any person being the owner or having charge or control of any animal shall without reasonable cause or excuse abandon it, whether permanently or not, without providing for the care of that animal, such act shall constitute maltreatment under Section 9.
If the animal is left in circumstances likely to cause the animal any unnecessary suffering, or if this abandonment results in the death of the animal, the person liable shall suffer the maximum penalty.
What penalties may be imposed upon a person found guilty of cruelty, maltreatment or neglect of animals?
The law says:
Section 4. Section 8 of Republic Act No. 8485 which shall now become Section 9 is hereby amended to read as follows:
“SEC. 9. Any person who subjects any animal to cruelty, maltreatment or neglect shall, upon conviction by final judgment, be punished by imprisonment and/ or fine, as indicated in the following graduated scale:
“(1) Imprisonment of one (1) year and six (6) months and one (1) day to two (2) years and/or a fine not exceeding One hundred thousand pesos (P100,000.00) if the animal subjected to cruelty, maltreatment or neglect dies;
“(2) Imprisonment of one (1) year and one (1) day to one (1) year and six (6) months and/or a fine not exceeding Fifty thousand pesos (P50,000.00) if the animal subjected to cruelty, maltreatment or neglect survives but is severely injured with loss of its natural faculty to survive on its own and needing human intervention to sustain its life; and
“(3) Imprisonment of six (6) months to one (1) year and/or a fine not exceeding Thirty thousand pesos (P30,000.00) 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 the imprisonment. If the violation is committed by an alien, he or she shall be immediately deported after the service of sentence without any further proceeding.
“The foregoing penalties shall also apply for any other violation of this Act, depending upon the effect or result of the act or omission as defined in the immediately preceding sections.
“However, regardless of the resulting condition to the animal/s, the penalty of two (2) years and one (1) day to three (3) years and/or a fine not exceeding Two hundred fifty thousand pesos (P250,000.00) 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 (3) animals are involved.
“In any of the foregoing situations, the offender shall suffer subsidiary imprisonment in case of insolvency and the inability to pay the fine.” (Section 4, R.A. 10631)
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