Dear PAO,
I am a dog owner and I condemn abuses to animals, especially to dogs. I do not see anyone prosecuted for animal abuses but

I know that there is a law that punishes these criminals. Can you enlighten me with this law?
Regards,
Karmina

Dear Karmina,
The primary law that protects animals against cruelty and abuses is Republic Act (R.A.) No. 8485 entitled, “An Act to Promote Animal Welfare in the Philippines” otherwise known as “The Animal Welfare Act of 1998”. The law provides punishment to any person who would torture any animals or neglect to provide them with adequate care, sustenance or shelter or maltreat any animals or subject any dog or horse to dogfight or horse fights, kill or cause or procure to be tortured or deprived any animals of adequate care, sustenance or shelter, or maltreat or use the same in research or experiment not expressly authorized by the Committee on Animal Welfare. Nevertheless, the law allows the killing of cattle, pigs, goats, sheep, poultry, rabbits, carabaos, horses, deer or crocodile provided that the same is done through humane procedures at all times. Humane procedures shall mean the use of the most scientific methods available as may be determined and approved by the committee. The killing of any other animals is considered as unlawful and any person who violates this may be punished by imprisonment of not less than six months nor more than two years or a fine of not less than P1,000 nor more than P5,000 or both at the discretion of the Court.

However, killing of any other animals would not constitute violation of R.A. No. 8485 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 custom 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 an 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 by a licensed veterinarian.

Please be reminded that the above legal opinion is solely based on our appreciation of the facts that you have stated in your problem. The opinion may vary when the facts stated therein are added or elaborated.

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