AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 8485

Case Overview and Summary

Purpose and Definition of Animal Welfare (Section 1):
- Protect and promote the welfare of all terrestrial, aquatic and marine animals in the Philippines.
- Supervise and regulate facilities for breeding, maintaining, keeping, treating or training animals.
- Animal welfare pertains to the physical and psychological well-being of animals.
- Includes avoidance of abuse, maltreatment, cruelty and exploitation of animals.
- Maintaining appropriate standards of accommodation, feeding and general care.
- Prevention and treatment of disease.
- Assurance of freedom from fear, distress, harassment, unnecessary discomfort and pain.
- Allowing animals to express normal behavior.

Unlawful Acts (Section 6):
- Torture, neglect to provide adequate care, sustenance or shelter, or maltreat any animal.
- 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 unauthorized research or experiments.
- Killing of any animal other than cattle, pigs, goats, sheep, poultry, rabbits, carabaos and horses is unlawful, except in certain instances.

Abandonment of Animals (Section 7):
- Unlawful for any person with custody of an animal to abandon it without reasonable cause or excuse.
- Abandonment means relinquishment of all rights, title, claim or possession of the animal with no intention of reclaiming it.
- If the animal is left in circumstances likely to cause unnecessary suffering, or if abandonment results in the animal's death, the maximum penalty shall be imposed.

Penalties for Cruelty, Maltreatment or Neglect (Section 9):
- If the animal dies: Imprisonment of 1 year and 6 months and 1 day to 2 years and/or a fine not exceeding P100,000.
- If the animal survives but is severely injured and needs human intervention: Imprisonment of 1 year and 1 day to 1 year and 6 months and/or a fine not exceeding P50,000.
- If the animal is subjected to cruelty, maltreatment or neglect without causing death or incapacitating it: Imprisonment of 6 months to 1 year and/or a fine not exceeding P30,000.
- If committed by a syndicate, offender making business out of cruelty, public officer or employee, or involving at least 3 animals: Imprisonment of 2 years and 1 day to 3 years and/or a fine not exceeding P250,000.
- Subsidiary imprisonment in case of insolvency and inability to pay the fine.

Animal Welfare Enforcement Officers (Section 10):
- The Secretary of the Department of Agriculture shall deputize animal welfare enforcement officers from NGOs, citizens groups, community organizations and volunteers who have undergone necessary training.
- The Philippine National Police, National Bureau of Investigation and other law enforcement agencies shall designate animal welfare enforcement officers.
- Animal welfare enforcement officers shall have the authority to seize and rescue illegally traded and maltreated animals, and to arrest violators of this Act.
- The Secretary of the Department of Agriculture shall promulgate guidelines on the criteria and training requirements for the deputization of animal welfare enforcement officers.
- The Secretary shall establish a mechanism for the supervision, monitoring and reporting of these enforcement officers.