Registration requirement for animal establishments
- Section 2 prohibits any person, association, partnership, corporation, cooperative, or any government agency or instrumentality (including slaughter houses) from establishing, maintaining, or operating a pet shop, kennel, veterinary clinic, veterinary hospital, stockyard, corral, stud farm, stock farm, or zoo for breeding, treatment, sale or trading, or training of animals without a certificate of registration from the Bureau of Animal Industry.
- Section 2 conditions issuance of the certificate on proof that the facilities are adequate, clean, and sanitary and will not be used for, nor cause pain and/or suffering to animals.
- Section 2 provides that the certificate is valid for one (1) year unless earlier cancelled for just cause before expiration by the Director of the Bureau of Animal Industry.
- Section 2 allows renewal from year to year upon compliance with the conditions imposed under the Act, and authorizes the Bureau to charge reasonable fees for issuance or renewal.
- Section 2 states that adequacy, cleanliness, sanitation, and the non-use-to-cause-pain-and/or-suffering requirement are continuing requirements for operation.
- Section 2 provides that the Bureau may revoke or cancel the certificate for failure to observe these conditions and other just causes.
Bureau supervision and transport regulation
- Section 3 requires the Director of the Bureau of Animal Industry to supervise and regulate establishment, operation, and maintenance of pet shops, kennels, veterinary clinics, veterinary hospitals, stockyards, corrals, stud farms, zoos, and any other structure for confinement where animals are bred, treated, maintained, or kept for sale, trade, or training.
- Section 3 directs the Director to supervise and regulate the transport of such animals in any public or private transportation facility to provide maximum comfort while in transit, minimize if not totally eradicate incidence of sickness and death, and prevent cruelty.
- Section 3 authorizes the Director to call upon any government agency for assistance consistent with its powers, duties, and responsibilities to ensure effective and efficient implementation of the Act and its rules and regulations.
- Section 3 mandates that any government agency called upon must assist using available funds in its budget for that purpose.
Public utility duties and permit for transport
- Section 4 imposes on owners or operators of land, air, or water public utilities transporting pet, wildlife, and all other animals a duty to provide adequate, clean, and sanitary facilities for safe conveyance and delivery to the consignee at the place of consignment.
- Section 4 requires provision of sufficient food and water while in transit for more than twelve (12) hours or whenever necessary.
- Section 4 prohibits any public utility from transporting such animals without a written permit from the Director of the Bureau of Animal Industry or his or her authorized representative.
- Section 4 prohibits cruel confinement or restraint while transporting the animals.
- Section 4 clarifies that any cruelty is penalized even if the transporter obtained the Bureau permit.
- Section 4 defines cruelty in transporting to include overcrowding and placing animals in the trunks or under the hood trunks of vehicles.
Committee on Animal Welfare; rulemaking
- Section 5 creates the Committee on Animal Welfare attached to the Department of Agriculture.
- Section 5 requires the Committee, subject to the approval of the Secretary of the Department of Agriculture, to issue necessary rules and regulations for strict implementation of the Act.
- Section 5 mandates that the Committee rules and regulations include setting safety and sanitary standards.
- Section 5 requires the Committee to issue those rules and regulations within thirty (30) calendar days following approval of the Committee by the Secretary.
- Section 5 requires guideline review every three (3) years from implementation or whenever necessary.
- Section 5 enumerates the Committee composition through official representatives of:
(1) 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). - Section 5 provides that the Committee is chaired by a representative coming from the private sector and has two (2) vice chairpersons: one from the BAI and another from the private sector.
- Section 5 requires quarterly meetings or as often as needed, provides that members receive no compensation, and allows reasonable honoraria from time to time.
Prohibited cruelty and unlawful killings
- Section 6 makes it unlawful to torture any animal, neglect to provide adequate care, sustenance or shelter, or maltreat any animal.
- Section 6 prohibits subjecting any dog or horse to dogfights or horse fights.
- Section 6 prohibits killing or causing or procuring torture or deprivation of adequate care, sustenance or shelter, or maltreating animals.
- Section 6 prohibits using animals in research or experiments not expressly authorized by the Committee on Animal Welfare.
- Section 6 declares unlawful the killing of any animal other than cattle, pigs, goats, sheep, poultry, rabbits, carabaos, horses, deer and crocodiles, except for the listed exceptions.
- Section 6 allows unlawful killing to be justified in the following instances:
(1) as part of religious rituals of an established religion or sect or a ritual required by tribal or ethnic custom of indigenous cultural communities, with leaders required to keep records in cooperation with the Committee;
(2) when the pet animal is afflicted with an incurable communicable disease determined and certified by a duly licensed veterinarian;
(3) when killing is necessary to end the misery suffered by the animal as determined and certified by a duly licensed veterinarian;
(4) to prevent an imminent danger to the life or limb of a human being;
(5) for animal population control;
(6) when the animal is killed after it has been used in authorized research or experiments; and
(7) any other analogous ground determined and certified by a licensed veterinarian. - Section 6 requires that in all cases—whether among the exceptions involving other animals or among the listed cattle, pigs, goats, sheep, poultry, rabbits, carabaos, horses, deer, and crocodiles—the killing of animals must be done through humane procedures at all times.
- Section 6 defines “humane procedures” as the use of the most scientific methods available as may be determined and approved by the Committee.
- Section 6 prohibits the use of any killing procedure not approved by the Committee.
- Section 7 imposes a duty on every person to protect the natural habitat of wildlife, and declares habitat destruction as a form of cruelty while requiring preservation as a way of protecting animals.
Criminal penalties; effect on juridical persons and aliens
- Section 8 provides that any person convicted by final judgment for violating any provision of the Act is punishable by imprisonment of not less than six (6) months nor more than two (2) years, or a fine of not less than P1,000 nor more than P5,000, or both at the discretion of the Court.
- Section 8 directs that if the violation is committed by a juridical person, the officer responsible shall serve the imprisonment when imposed.
- Section 8 mandates that if the violation is committed by an alien, the alien shall be immediately deported after service of sentence without any further proceedings.
Rulemaking and repeals; separability and effectivity
- Section 9 repeals or modifies laws, acts, decrees, executive orders, rules, and regulations inconsistent with the Act’s provisions.
- Section 10 provides that the Act takes effect fifteen (15) days after publication in at least two (2) newspapers of general circulation.
- Republic Act No. 8485 was approved on February 11, 1998.