Strengthening Animal Welfare Protection

Senate Wifice of the serrifary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) 26 JAN 26 P1:24 SENATE RECEIVED BY: S.B. No. 1684 INTRODUCED BY SENATOR RISA HONTIVEROS AN ACT STRENGTHENING ANIMAL WELFARE PROTECTION BY RECOGNIZING ANIMAL SENTIENCE AND IMPOSING STRICTER PENALTIES FOR VIOLATIONS, AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 8485, AS AMENDED BY REPUBLIC ACT NO. 10631, OTHERWISE KNOWN AS "THE ANIMAL WELFARE ACT OF 1998" EXPLANATORY NOTE The greatness of a nation and its moral progress can be judged by the way its animals are treated. Yet, nearly three decades after the passage of the Animal Welfare Act of 1998, our laws have failed to keep pace with the growing recognition of animals as sentient beings, capable of both intelligence and social life. Recent events have painfully underscored the inadequacies of our current legal framework. The brutal killing of a dog named Axle in Sadanga, Mountain Province, has sparked public outrage and highlighted a glaring reality: under our current laws, beloved companion animals are nothing more than property, with the current penalties for the taking of their lives insufficient to deter cruelty. This bill seeks to amend the Animal Welfare Act by introducing a fundamental shift in policy: the legal recognition of animals as sentient beings capable of feeling pain, distress, and comfort. It adopts the internationally recognized "Five Domains of Animal Welfare" - nutrition, environment, health, behavior, and mental state as the new standard for humane treatment. To give teeth to this policy, this measure imposes stricter penalties for animal cruelty. The penalty for killing an animal is raised to a maximum of three (3) years imprisonment. Furthermore, this bill empowers the community to act. Recognizing that neighbors and bystanders are often the first line of defense, it provides legal protection for "Good Samaritans" who enter premises to rescue neglected or distressed animals, explicitly shielding them from criminal liability. It also specifically bans inherently cruel practices such as animal fighting and the use of poisons in public spaces.

Beyond penal reforms, this measure introduces a paradigm shift in animal population control. Thus, this bill institutionalizes Trap-Neuter-Vaccinate-Return (TNVR) as a humane and sustainable strategy for the control of stray and feral animal populations. Furthermore, the bill enshrines the "Adopt-Don't-Shop" principle into national policy by mandating that local government pounds prioritize adoption programs over euthanasia, and by requiring the sterilization of animals prior to release. This transforms local pounds from mere disposal facilities into proactive rehoming centers, addressing the root causes of animal homelessness at the source The death of Axle must not be in vain. It must serve as a wake-up call to amend our laws, end the culture of impunity, and build a society that truly respects all life. In view of the foregoing, the immediate passage of this bill is earnestly sought. taliveros liveras Baraguel Senator

Senate Office of the Secretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 26 JAN 26 P1:24 SENATE RECEIVED BY: S.B. No. 1684 INTRODUCED BY SENATOR RISA HONTIVEROS AN ACT STRENGTHENING ANIMAL WELFARE PROTECTION BY RECOGNIZING ANIMAL SENTIENCE AND IMPOSING STRICTER PENALTIES FOR VIOLATIONS, AMENDING FOR THIS PURPOSE REPUBLIC ACT NO. 8485, AS AMENDED BY REPUBLIC ACT NO. 10631, OTHERWISE KNOWN AS "THE ANIMAL WELFARE ACT OF 1998" Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Section 1 of Republic Act No. 8485 is further amended to read as

follows: "SECTION 1. Declaration of Policy. - It shall be the policy of the State to provide special protection to animals from all forms of cruelty, neglect, abuse, exploitation, and conditions detrimental to their welfare, taking into full consideration their species, ecological role, physiological needs, and sentience. In pursuit of this policy, the State recognizes animals as sentient beings capable of feeling pain, distress, and comfort, and as such, are entitled to humane treatment and protection from cruelty, abuse, neglect, and maltreatment. Accordingly, the State shall promote ethical treatment based on the internationally recognized Five Domains of Animal Welfare, namely: (a) adequate nutrition; (b) appropriate physical environment; (c) reasonable access to veterinary care; (d) opportunities to express natural behaviors; and (e) the promotion of a positive mental state free from fear, distress, and suffering. To operationalize this policy, the State shall fully implement the protections guaranteed under the Universal Declaration on Animal Welfare, the World Organization for Animal Health (WOAH) standards, and other relevant international instruments promoting environmental sustainability and biodiversity conservation, international commitments such as the Convention on Biological Diversity and the Convention on International Trade in Endangered Species of Wild Fauna and Flora

(CITES), as well as global best practices for the ethical treatment of animals and sustainable management of wildlife. The State considers the welfare of animals paramount in all settings where their survival or safety is at risk, adopting policies that prevent unnecessary suffering and promote physical and psychological well-being. Consequently, the State shall take all feasible measures to prevent and penalize acts of cruelty, neglect, or inhumane treatment, ensuring the effective monitoring and enforcement of this Act. It is the specific responsibility of the State to pursue accountability and end impunity for violations of animal welfare laws, particularly in cases involving systemic or repeated harm. Finally, the State shall address the root causes of animal cruelty, including poverty, lack of education, irresponsible ownership, habitat destruction, illegal trade, and exploitative industries. The State recognizes its primary role in providing effective protection, rescue, and rehabilitation for animals in situations of abuse, disaster, captivity, or abandonment.

SEC. 2. Section 6 of Republic Act No. 8485 is further amended to read as

follows: "SEC. 6. It shall be unlawful for any person to torture, maltreat, or kill any animal, or to neglect to provide it with adequate care, sustenance, or shelter. It shall likewise be unlawful to cause or procure the commission of such acts, or to use any animal in research or experiments not expressly authorized by the Committee on Animal Welfare. 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: XXX"

SEC. 3. The following provisions shall be inserted after the amended Section 6

of Republic Act No. 8485: "SEC. 6-A. Prohibition on Animal Fighting and Other Blood Sports. All forms of animal fighting and other forms of blood sports are hereby prohibited as inherently cruel and exploitative, as well as an activity connected with illegal gambling, violence, and other social ills. Violators shall be prosecuted to the fullest extent of this Act and other applicable laws.

SEC. 6-B. Prohibition on Animal Poisoning. It shall be unlawful

to use poisons or toxic substances to kill animals in public spaces, as

such acts pose serious risks to public health and the environment. No chemical agent intended for lethal use against animals shall be distributed or applied in any commercial or public area without a special permit from the Bureau of Animal Industry (BAI), issued in coordination with the Department of Environment and Natural Resources (DENR) and Department of Health (DOH).

SEC. 6-C. Presumption of Neglect and Right to Rescue. Neglect

is presumed to be committed by the legal owner or occupant of a property where a neglected animal is found. Persons aware of such neglect - including barangay officials, landlords, and neighbors - shall have a duty to report the incident and provide immediate emergency care. To facilitate the rescue of neglected or abandoned animals, the forced entry into premises to save an animal in distress shall not incur criminal or civil liability.

SEC. 6-D. Regulation of City Pounds and Other Animal Control

Facilities, and Public Access to Data. - Pounds and other animal control facilities owned, operated, or maintained by a Local Government Unit shall be required to provide adequate food to feed each impounded animal, as well as reasonable veterinary care, including vaccinations, and treatment for animals suffering from sickness or injury. If fit for surgery, all impounded animals shall be spayed or neutered prior to adoption or release to their owners. Pounds and other animal control facilities shall be required to maintain publicly accessible records related to impounded animals, in accordance with laws, rules, and regulations related to government transparency and access to information."

SEC. 4. Section 9 of Republic Act No. 8485 is further amended to read as

follows: "SEC. 9. 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: (a) Causing Death of an Animal. Minimum of imprisonment of one (1) year and six (6) months and one (1) day, and a fine of one hundred thousand pesos (P100,000), to a maximum of up to three (3) years, and a fine not exceeding two hundred thousand pesos (P200,000.00), if the animal subjected to cruelty, maltreatment, or neglect dies; (b) Causing Grave Injury to an Animal. Minimum imprisonment of one (1) year and one (1) day, and a fine of fifty thousand pesos (P50,000), to a maximum of one (1) year and six (6) months, and a fine not exceeding Fifty thousand pesos (P80,000.00), 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

(c) Causing Injury not Classified as Grave. 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. In any of the foregoing situations, the offender shall suffer subsidiary imprisonment in case of insolvency and the inability to pay the fine. If the violation is committed by a juridical person, the officer responsible thereof shall serve the imprisonment. If the violation is committed by an alien, he or she shall be immediately deported after the service of sentence without any further proceeding. The foregoing penalties shall also apply for any other violation of this Act, depending upon the effect or result of the act or omission as defined in the immediately preceding sections. Any person found guilty of engaging in the dog meat trade, producing or distributing content depicting animal cruelty such as crush videos, or committing cruelty for commercial gain, shall be penalized with a fine of not less than One hundred thousand pesos (P100,000), and imprisonment of not less than two (2) years, in addition to the penalties provided under this section. The maximum penalty applicable shall automatically be imposed if committed by: (a) a syndicate; (b) an offender who makes business, or derives commercial gain, out of cruelty to an animal; (c) a public officer or employee; or (d) where at least three (3) animals are involved."

SEC. 5. The following provisions shall be inserted after the amended Section

10 of Republic Act No. 8485: "SEC. 10-A. Humane Animal Control. - The State encourages the use of Trap-Neuter-Vaccinate-Return (TNVR) as the primary method for controlling stray and feral animal populations. TNVR refers to the humane method of managing stray and feral animal populations whereby free-roaming dogs and cats are humanely trapped, sterilized, vaccinated against rabies and other diseases, ear- tipped for identification, and returned to their specific location of capture. Local Government Units (LGUs) are hereby authorized to implement TNVR programs in coordination with the Bureau of Animal Industry (BAI) and animal welfare organizations. The return of a

sterilized and vaccinated animal to its original location of capture, as part of a registered TNVR program or community-managed animal initiative, shall not constitute "Abandonment", as defined herein, provided that the animal is monitored by a designated caregiver or community group.

SEC. 10-B. Promotion of Animal Adoption. - It is the policy of

the State to prioritize the adoption of homeless animals over the purchase of pets from commercial sources. All City and Municipal Pounds and other Animal Control Facilities shall establish a vigorous Adoption and Rehoming Program. No animal shall be euthanized unless it has been offered for adoption for a reasonable period, or unless certified by a licensed veterinarian as suffering from an incurable and painful condition or posing an imminent threat to public safety. To prevent future overpopulation, all animals released for adoption from government pounds or shelters must be spayed or neutered prior to release. If the animal is too young or medically unfit for surgery at the time of adoption, the adopter must sign a strict undertaking to sterilize the animal upon reaching the appropriate age or health status. The Bureau of Animal Industry (BAI) shall impose licensing requirements on commercial breeders and pet shops, the online trade in animals, the commercial importation of companion animals, and the breeding of animals with inherited health problems, for the purpose of reducing the incidence of stray, abandoned, and neglected animals. The practice of "backyard breeding," defined as the breeding of animals for profit without the requisite government license, veterinary supervision, and facility standards, is hereby declared unlawful. Any person found engaging in backyard breeding shall be punished for animal maltreatment under Section 9 herein, and all animals in their possession shall be subject to immediate confiscation

SEC. 6. Implementing Rules and Regulations. - Within twelve (12) months

following the effectivity of this Act, the Secretaries of the Department of Environment and Natural Resources and the Department of Agriculture shall promulgate rules and regulations for the effective implementation of this Act. Whenever appropriate, coordination in the preparation and implementation of rules and regulations on joint and inseparable issues shall be done by both Departments. The commitments of the State to international agreements and protocols shall likewise be a consideration in the implementation of this Act.

SEC. 7. Separability Clause. - If any provision of this Act is declared

unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions not affected thereby shall continue to be in full force and effect.

SEC. 8. Repealing Clause. - All laws, decrees, executive orders, department or

memorandum orders and other administrative issuances or parts thereof which are inconsistent with the provisions of this Act are hereby modified, superseded or repealed accordingly.

SEC. 9. Effectivity. - This Act shall take effect fifteen (15) days after publication

in the Official Gazette or in at least two (2) newspapers of general circulation. Approved,