Purpose and scope of animal welfare
- Section 1 states the purpose of Republic Act No. 10631 to protect and promote the welfare of all terrestrial, aquatic, and marine animals in the Philippines.
- Section 1 provides for supervising and regulating the establishment and operations of facilities utilized for breeding, maintaining, keeping, treating, or training animals.
- Section 1 covers animals either as objects of trade or as household pets.
- Section 1 defines “pet animal” to include birds.
- Section 1 defines animal welfare as the physical and psychological well-being of animals.
- Section 1 further provides that animal welfare includes avoidance of abuse, maltreatment, cruelty, and exploitation by maintaining appropriate standards of accommodation, feeding, and general care.
- Section 1 also includes prevention and treatment of disease, assurance of freedom from fear, distress, harassment, and unnecessary discomfort and pain, and allowing animals to express normal behavior.
Unlawful acts involving custody and use
- Section 6 (amended by Section 2) makes it unlawful for any person to torture any animal.
- Section 6 (amended by Section 2) makes it unlawful for any person to neglect to provide adequate care, sustenance, shelter, or to maltreat any animal.
- Section 6 (amended by Section 2) declares unlawful subjecting any dog or horse to dogfights or horsefights.
- Section 6 (amended by Section 2) declares unlawful killing, or causing or procuring the killing or deprivation of adequate care, sustenance, or shelter of animals.
- Section 6 (amended by Section 2) declares unlawful using animals in research or experiments not expressly authorized by the Committee on Animal Welfare.
- Section 6 (amended by Section 2) declares unlawful the killing of any animal other than cattle, pigs, goats, sheep, poultry, rabbits, carabaos and horses, except in instances described in the amended provision.
Prohibition on abandonment of animals
- Section 7 makes it unlawful for any person who has custody of an animal to abandon the animal.
- Section 7 provides that abandoning an animal without reasonable cause or excuse—whether permanently or not—without providing care constitutes maltreatment under Section 9.
- Section 7 provides that if the animal is left in circumstances likely to cause unnecessary suffering, or if abandonment results in the death of the animal, the person liable suffers the maximum penalty.
- Section 7 defines “Abandonment” as relinquishment of all right, title, claim, or possession of the animal with the intention of not reclaiming it or resuming ownership or possession.
Cruelty, maltreatment, and neglect penalties
- Section 9 (amended by Section 4) requires that any person who subjects any animal to cruelty, maltreatment, or neglect be punished upon conviction by final judgment.
- Section 9 provides a graduated penalty scale depending on the resulting condition of the animal:
- If the animal dies: imprisonment of one (1) year and six (6) months and one (1) day to two (2) years and/or a fine not exceeding PHP 100,000.00.
- If the animal survives but is severely injured with loss of its natural faculty to survive on its own and needs human intervention: imprisonment of one (1) year and one (1) day to one (1) year and six (6) months and/or a fine not exceeding PHP 50,000.00.
- If the animal is subjected to cruelty, maltreatment, or neglect but does not die and is not incapacitated to survive on its own: imprisonment of six (6) months to one (1) year and/or a fine not exceeding PHP 30,000.00.
- Section 9 provides that if the violation is committed by a juridical person, the officer responsible serves the imprisonment.
- Section 9 provides that if the violation is committed by an alien, the alien is immediately deported after the service of sentence without any further proceeding.
- Section 9 provides that the same penalties apply to any other violation of the Act depending on the effect or result of the act or omission as defined in the immediately preceding sections.
- Section 9 imposes a higher penalty regardless of the resulting condition when the offense is committed by any of the following:
- a syndicate;
- an offender who makes business out of cruelty to an animal;
- a public officer or employee; or
- where at least three (3) animals are involved.
- Section 9 sets the higher penalty at imprisonment of two (2) years and one (1) day to three (3) years and/or a fine not exceeding PHP 250,000.00.
- Section 9 provides that in the enumerated higher-penalty situations, the offender suffers subsidiary imprisonment in case of insolvency and inability to pay the fine.
Deputation and enforcement powers
- Section 10 requires the Secretary of the Department of Agriculture to deputize animal welfare enforcement officers from nongovernment organizations, citizens groups, community organizations, and other volunteers who have undergone necessary training.
- Section 10 requires the Philippine National Police, the National Bureau of Investigation, and other law enforcement agencies to designate animal welfare enforcement officers.
- Section 10 grants animal welfare enforcement officers authority to seize and rescue illegally traded and maltreated animals.
- Section 10 grants animal welfare enforcement officers authority to arrest violators of the Act, subject to guidelines of existing laws and rules on arrest and detention.
- Section 10 directs the Secretary of the Department of Agriculture, upon recommendation of the Committee on Animal Welfare, to:
- (1) promulgate guidelines on criteria and training requirements for deputization; and
- (2) establish a mechanism for supervision, monitoring, and reporting.
Preservation of valid provisions
- Section 6 provides that if any provision of the Act is declared unconstitutional or invalid, the other unaffected sections continue in full force and effect.
Repeal of inconsistent issuances
- Section 7 provides that all laws, decrees, orders, rules, regulations, and other issuances—or parts thereof—inconsistent with the Act are deemed repealed, amended, or modified accordingly.