Question & AnswerQ&A (BAI DEPARTMENT OF AGRICULTURE ADMINISTRATIVE ORDER NO. 10)
The main policy objective is to promote animal welfare and ensure strict implementation and observance of RA 8485 (Animal Welfare Act of 1998) and related laws, providing and protecting the five basic freedoms of animals, especially dogs and cats during transport and trading.
These rules apply to all persons, officers of corporations, partnerships, cooperatives, organizations, agencies, or instrumentalities, whether private or government, who are caught or found violating any provision of the Animal Welfare Act in relation to the transport, trading, and slaughter of dogs and cats.
Apprehension is the taking into custody of a person to answer for an offense, curtailing personal liberty as necessary to ensure accountability for the violation committed.
Cruelty includes overcrowding during transport, placing animals in trunks or false bottoms with poor ventilation, cruel restraints such as trussing or use of tin cans, wire, plastic straw as muzzles (except plastic cords for not more than 30 minutes), failure to provide water or food, inhumane conditions during trading, exposure to extreme weather, and other similar maltreatment.
Prohibited acts include failure to present a valid rabies vaccination certificate, failure to maintain sanitary transport facilities, failure to provide food/water during transit, cruel restraint and confinement, unnecessary exposure to elements, torture or neglect, and transport in enclosed, poorly ventilated compartments.
Violations may be reported to police or BAI Animal Welfare Division; apprehending officers must investigate and file charges administratively and criminally. Charges follow procedures in the Rules of Criminal Procedure, with citizen's arrest allowed if caught in the act. Evidence must be preserved for prosecution.
Evidence includes live or dead dogs and cats, their body parts, documents, equipment, vehicles involved, affidavits, photographs, videography, extrajudicial confessions, and any paraphernalia used in the commission of the offense.
Rescued animals must be relieved from inhumane restraint, examined immediately by a licensed veterinarian for treatment or disposition decisions, treated if necessary, certified fit for travel or euthanized if incurably diseased or suffering, with euthanasia conducted by licensed veterinarians following humane protocols.
Violators face imprisonment from six months to two years, or fines from P1,000 to P5,000, or both. Responsible officers of juridical persons serve imprisonment, and aliens are deported after serving sentences.
They must receive copies of all complaints filed against violators and monitor the progress of cases, actively assisting in the prosecution to ensure compliance with the Animal Welfare Act.