Once in our lives we surely had a pet we so dearly loved. It may be a cat, a dog, a fish or a hamster. Some even consider these creatures as their babies, hence, the moniker “furbabies”. But definitely, most of us treat our pets as part of our respective families. They eat with us, sleep with us and bond with us. We are worried when they suddenly become weak or ill, and our hearts are shattered into pieces every time they depart. I, too, have pets, two dogs (Fury and Bududu) and two cats (Morlax and Motko). Originally, I had three dogs. However, just this year, Toothless, a black pug, had already joined her Creator. I love them and consider them all as part of our family.
I always believe that our pets have emotions too, they too have souls. That’s why I am saddened, and at the same time, angered every time I see news or videos where these creatures are being maltreated, deprived, and worse killed.
In order to raise awareness, and help put an end to this kind of cruelty, I opted to discuss the penalty imposed on those who subject these lovely creatures to abuse and ill-treatment they never deserved. Thus, in this week’s edition, the focus of our discussion is Republic Act No. 8485 or the Animal Welfare Act of 1998, as amended by Republic Act No. 10631.
Animal welfare pertains to the physical and psychological well-being of animals. It includes, but is not limited to, the avoidance of abuse, maltreatment, cruelty and exploitation of animals by humans by maintaining appropriate standards of accommodation, feeding, and general care; the prevention and treatment of disease; and the assurance of freedom from fear, distress, harassment, and unnecessary discomfort and pain, and allowing animals to express normal behavior.
Under the Animal Welfare Act, the following acts are considered punishable:
(1) It shall be unlawful for any person to torture any animal, to neglect to provide adequate care, sustenance of shelter, or maltreat any animal or to subject any dog or horse to dogfights or horsefights, on to kill or cause or procure to be tortured or deprived of adequate care, sustenance or shelter, or to maltreat or use the same in research or experiments not expressly authorized by the Committee on Animal Welfare. (Section 6)
(2) The killing of any animal other than cattle, pigs, goats, sheep, poultry, rabbits, carabaos and horses is likewise hereby declared unlawful except in the following instances: (1) When it is done as part of the religious rituals of an established religion or sect or a ritual required by tribal or ethnic customs of indigenous cultural communities; however, leaders shall keep 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 the killing is deemed necessary to put an end to the misery suffered by the animal, as determined and certified by a duly licensed veterinarian; (4) When it is done to prevent imminent danger to the life or limb of a human being; (5) When done for the purpose of animal population control; (6) When the animal is killed after it has been used in authorized research or experiments; and (7) Any other ground analogous to the foregoing as determined and certified licensed veterinarian.
In all the above-mentioned cases, including those of cattle, pigs, goats, sheep, poultry, rabbits, carabaos, horses, and the killing of the animals shall be done through humane procedures at all times. For this purpose, “humane procedures” shall mean the use of the most scientific methods, available as may be determined and approved by the committee.
(3) It shall be unlawful for any person who has custody of an animal to abandon the animal. If any person-being the owner or having charge or control of any animal shall without reasonable cause or excuse abandon it, whether permanently or not, without providing for the care of that animal, such act shall constitute maltreatment under Section 9. Abandonment means the relinquishment of all right, title, claim, or possession of the animal with the intention of not reclaiming it or resuming its ownership or possession.
What are the imposable penalties?
Section 9 of the said law states that: Any person who subjects any animal to cruelty, maltreatment or neglect shall, upon conviction by final judgment, be punished by imprisonment and/ or fine, as indicated in the following graduated scale:
(1) Imprisonment of one (1) year and six (6) months and one (1) day to two (2) years and/or a fine not exceeding One hundred thousand pesos (P100,000.00) if the animal subjected to cruelty, maltreatment or neglect dies;
(2) Imprisonment of one (1) year and one (1) day to one (1) year and six (6) months and/or a fine not exceeding Fifty thousand pesos (P50,000.00) if the animal subjected to cruelty, maltreatment or neglect survives but is severely injured, with loss of its natural faculty to survive on its own and needing human intervention to sustain its life; and
(3) Imprisonment of six (6) months to one (1) year and/or a fine not exceeding Thirty thousand pesos (P30,000.00) for subjecting any animal to cruelty, maltreatment, or neglect but without causing its death or incapacitating it to survive on its own.