Registration and certification for facilities
- Section 2 prohibits any person, association, partnership, corporation, cooperative, or any government agency or instrumentality (including slaughter houses) from establishing, maintaining, or operating any covered animal establishment for breeding, treatment, sale or trading, or training without first securing a certificate of registration from the Bureau of Animal Industry.
- Section 2 requires issuance of the certificate upon proof that the facilities are adequate, clean and sanitary, and will not be used for, nor will they cause pain and/or suffering to animals.
- Section 2 provides that the certificate of registration is valid for one (1) year, unless earlier cancelled for just cause before expiration by the Director of the Bureau of Animal Industry, and it may be renewed from year to year upon compliance with the conditions imposed.
- Section 2 mandates the Bureau to charge reasonable fees for issuance or renewal of the certificate.
- Section 2 establishes continuing compliance as a condition for operation by requiring that facilities remain adequate, clean and sanitary and continue not to be used in a manner that causes pain and/or suffering.
- Section 2 authorizes the Bureau to revoke or cancel a certificate for failure to observe these conditions and other just causes.
Bureau supervision and coordination duties
- Section 3 imposes on the Director of the Bureau of Animal Industry the duty to supervise and regulate the establishment, operation, and maintenance of covered establishments used to confine animals bred, treated, maintained, or kept for sale, trade, or training purposes.
- Section 3 extends the Director’s supervisory and regulatory role to the transport of covered animals in public or private transportation facilities to provide maximum comfort while in transit, minimize, if not totally eradicate, incidence of sickness and death, and prevent cruelty.
- Section 3 empowers the Director to call upon any government agency for assistance consistent with the agency’s powers, duties, and responsibilities to ensure effective and efficient implementation of the Act and its implementing rules and regulations.
- Section 3 requires the called government agency to assist using any available funds in its budget for that purpose.
Transport requirements and permit rule
- Section 4 requires owners or operators 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 safe conveyance and delivery to the consignee.
- Section 4 obligates carriers to provide sufficient food and water for animals while in transit for more than twelve (12) hours or whenever necessary.
- Section 4 requires that no public utility shall transport such animals without a written permit from the Director of the Bureau of Animal Industry or an authorized representative.
- Section 4 prohibits cruel confinement or restraint of such animals while transported.
- Section 4 provides that any cruelty is penalized even if the transporter obtained a permit from the Bureau.
- 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 and rules
- Section 5 creates a 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 Republic Act No. 8485.
- Section 5 mandates that implementing rules include setting safety and sanitary standards within thirty (30) calendar days following the Secretary’s approval.
- Section 5 requires review of guidelines every three (3) years from implementation or whenever necessary.
- Section 5 sets the Committee composition with representatives from:
- DILG
- DECS
- BAI of DA
- PAWB of DENR
- NMIC of DA
- ATI of DA
- PVMA
- VPAP
- PAHA
- PAWS
- PSPCA
- PSSP
- PCCP
- PSAS
- Section 5 provides that the Committee is chaired by a representative from the private sector, and it has two (2) vice chairpersons: one from BAI and another from the private sector.
- Section 5 requires quarterly meetings or as often as needed; it prohibits compensation to members but allows reasonable honoraria from time to time.
Animal cruelty prohibitions and killing exceptions
- Section 6 makes it unlawful to torture any animal.
- Section 6 makes it unlawful to neglect to provide adequate care, sustenance or shelter, or to 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, deprivation of adequate care, sustenance, or shelter, or maltreatment.
- Section 6 prohibits using animals in research or experiments unless 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 following instances:
- (1) Killing as part of religious rituals of an established religion or sect, or a ritual required by tribal or ethnic custom of indigenous cultural communities, subject to leaders keeping 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 killing is necessary to end the misery suffered by the animal as determined and certified by a duly licensed veterinarian.
- (4) When killing prevents an imminent danger to the life or limb of a human being.
- (5) When done for animal population control.
- (6) When the animal is killed after it has been used in authorized research or experiments.
- (7) Any other ground analogous to the foregoing as determined and certified by a licensed veterinarian.
- Section 6 requires humane killing procedures for all the above cases, including cases involving cattle, pigs, goats, sheep, poultry, rabbits, carabaos, horses, deer and crocodiles, 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, and it requires that only procedures approved by the Committee shall be used in killing animals.
Wildlife habitat protection duty
- Section 7 requires every person to protect the natural habitat of wildlife.
- Section 7 treats the destruction of wildlife habitat as a form of cruelty to animals.
- Section 7 directs that preserving habitat is a way of protecting animals.
Criminal penalties and consequences
- Section 8 provides that any person who violates any provision of Republic Act No. 8485 is punishable, upon conviction by final judgment, 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) nor more than Five thousand pesos (P5,000), or both, at the discretion of the Court.
- Section 8 states that if the violation is committed by a juridical person, the officer responsible shall serve the imprisonment when imposed.
- Section 8 provides that if the violation is committed by an alien, the alien shall be immediately deported after service of sentence without any further proceedings.
Repeal and effectivity
- Section 9 repeals or modifies all laws, acts, decrees, executive orders, rules and regulations inconsistent with Republic Act No. 8485.
- Section 10 provides that the Act takes effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.
- Republic Act No. 8485 is approved on February 11, 1998.