REPUBLIC ACT NO. 8485 AN ACT TO PROMOTE ANIMAL WELFARE IN THE PHILIPPINES, OTHERWISE KNOWN AS “THE ANIMAL
WELFARE ACT OF 1998”
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled.
SECTION 1. It is the purpose of this Act to protect and promote the welfare of all animals in the Philippines by supervising end regulating the establishment and operations of all facilities utilized for breeding, maintaining, keeping, treating or training of all animals either as objects of trade or as household pets. For purposes of this Act, pet animals shall include birds. SECTION 2. No person, association, partnership, corporation, cooperative or any government agency or instrumentality including slaughter houses shall establish, maintain and operate any pet shop, kennel, veterinary clinic, veterinary hospital, stockyard, corral, stud farm or zoo for the breeding, treatment, sale or trading, or training of animals without first securing from the Bureau of Animal Industry a certificate of registration therefore.The certificate shall be issued upon proof that the facilities of such establishment for animals are adequate, clean end sanitary and will not be used for nor cause pain and/or suffering to the animals. Thecertificate shall be valid for a period of one (I) year unless earlier cancelled for just cause before the expiration of its term by the Director of the Bureau of Animal Industry and may be renewed from6 year to year upon
compliance with the conditions imposed hereunder. The Bureau shall charge reasonable fees for the issuance or renewal
of such certificate.
The condition that such facilities be adequate, clean and sanitary, and that they will not be used for nor cause pain and/or suffering to the animals is a continuing requirement for the operation of these establishments. The Bureau may revoke or cancel such certificate of registration for failure to observe these conditions and
other just cause.
SECTION 3. The Director of the Bureau of Animal Industry shall supervise and regulate the establishment, operation and maintenance, of pet shops, kennels, veterinary clinics, veterinary hospitals, stockyards, corrals, stud farms and zoos and any other form or structure for the confinement of animals where they are bred, treated, maintained, or kept either for sale or trade or for training purposes as well as the transport of such animals in any form of public or private transportation facility, in order to provide maximum comfort while in transit and minimized, if not totally eradicate, incidence of sickness and death and prevent any cruelty from being inflicted
upon the animals.
The Director may call upon any Government agency for assistance consistent with its powers, duties and responsibilities for the purpose of ensuring the effective and efficient implementation of this Act and the rules and regulations promulgated thereunder.
It shall be the duty of such government agency to assist said Director when called
upon for assistance using any available fund in it budget for the purpose. SECTION 4. It shall be the duty of any owner or operator of any land, air or water public utility transporting pet, wildlife and all other animals to provide in all cases adequate, dean and sanitary facilities for sale conveyance and delivery thereof to their consignee at the place of consignment. They shall provide sufficient food and water for such animals while in transit for more than twelve (12) hours or whenever necessary
No public utility shall transport any such animals without a written permit form the Director of the Bureau of Animal Industry or his/her authorized representative. No cruel confinement or restraint shall be made on such animals while being transported. Any form, of cruelty shall be penalized even if the transporter has obtained a permit from the Director of the Bureau of Animal Industry. Cruelty in transporting includes overcrowding, placing of animals in the trunks or under the hood trunks of vehicles. SECTION 5. There is hereby created a Committee on Animal Welfare attached to the Department of Agriculture which shall, subject to the approval of the Secretary of the Department of Agriculture, issue the necessary rules and regulation for the strict implementation of the provisions of this Act, including the setting of safety and sanitary standards, within thirty (30) calendar days following its approval. Such guidelines shall be reviewed by the Committee every three years from its implementation or whenever necessary.
The Committee shall be composed of the official representatives of the following: 1. The Department of Interior and Local
Government (DILG);
2. Department of Education, Culture and
Sports (DECS)
3. Bureau of Animal Industry (BAI) of the Department of Agriculture (DA) 4. Protected Areas and Wildlife Bureau (PAWB) of the Department of Environment and Natural Resources (DENR) 5. National Meat Inspection Commission
(NMIC) of the DA
6. Agriculture Training Institute (ATI) of DA 7. Philippine Veterinary Medical Association 8. Veterinary Practitioners Association of the
Philippines (VPAP)
9. Philippine Animal Hospital Association
(PA HA)
10. Philippine Animal Welfare Society (PAWS)
11. Philippine Society for the Prevention of Cruelty to Animals (PSPCA) 12. Philippine Society of Swine Practitioners (PSSP)
13. Philippine College of Canine
Practitioners (PCCP)
14. Philippine Society of Animal Science (PSAS)
The Committee shall be chaired by a representative coming from the private sector and shall have two (2) vice-chairpersons composed of the representative of BAI and another from the
private sector.
The Committee shall meet quarterly or as often as the need arises. The Committee members shall not receive any compensation but may receive reasonable honoraria from time to time.
SECTION 6. It shall be unlawful for any person to torture any animal, to neglect to provide adequate care, sustenance or shelter, or maltreat any animals or to subject any dog or horse to dogfights or horse fights, kill or cause or procure to be tortured or deprived of adequate care sustenance or shelter, or maltreat or use the same 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, carabao, horse, deer and crocodiles 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 ritual required by 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 veterinarians;
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; and
5. When done for the purpose of animal
population control;
6. When 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.
In all the above mentioned cases, including those of cattle, pigs, goats, sheep, poultry, rabbits, carabao, hones, deer and crocodiles, the killing of the animals shall be done through humane procedures at all times.
For this purpose, humane procedures shall means the use of the most scientific methods available as may be determined and approved by the Committee. Only those procedures approved by the Committee shall be used in killing of animals.
SECTION 7. It shall be the duty of every person to protect the natural habitat of the wildlife. The destruction of said habitat shall be considered as a form of cruelty to animals and its preservation is a way of
protecting the animals.
SECTION 8. Any person who violate, any of the provisions of this Act shall, upon conviction by final judgment, be punished 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. If the violation is committed by a juridical person, the officer responsible therefore shall serve the imprisonment when imposed. If violation is committed by an alien, he or she shall be immediately deported after serviced sentence without any further proceedings.
SECTION 9. All laws, acts, decrees, executive orders, rules, and regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SECTION 10. This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.
Approved:
JOSE DE VENECIA, JR.
Speaker of the House of Representatives
NEPTALI A. GONZALES
President of the, Senate
This Act, which is a consolidation of Senate Bill no. 2120 and House Sill No. 9274 was finally passed by the Senate and the House of Representatives on February 3, 1998 and February 2,1998, respectively.
ROBERTO P. NAZARENO
Secretary General, House of Representatives
HEZEL P. GACUTAN
Secretary of the Senate
Approved:
February 11, 1998
FIDEL V. RAMOS
President of the Philippines THE PRECEDING ARTICLE WAS COPIED FROM THE ORIGINAL REPUBLIC ACT 8485
REPUBLIC ACT NO. 9482 “Anti-Rabies
Act of 2007”
AN ACT PROVIDING FOR THE CONTROL AND ELIMINATION OF HUMAN AND
ANIMAL RABIES, PRESCRIBING
PENALTIES FOR VIOLATION THEREOF
AND APPROPRIATING FUNDS
THEREFOR
Begun and held in Metro Manila, on Monday, the Nineteenth day of February,
Two Thousand Seven.
Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:
Section 1. Title. - This Act shall be known as the “Anti-Rabies Act of 2007”. Sec. 2. Declaration of Policy. - It is the declared policy of the State to protect and promote the right to health of the people. Towards this end, a system for the control, prevention of the spread, and
eventual eradication of human and animal Rabies shall be provided and the need for responsible pet ownership established. Sec. 3. Definition of Terms. - For the purpose of this Act, the following terms shall mean:
(a) Bitten refers to an act by which a Dog seizes, cuts or grips with its teeth so that the skin of a person has been wounded,
pierced or scratched.
(b) Concerned Officials refers to barangay officials, health workers, police officers or government veterinarians. (c) Direct Supervision refers to range supervision where physical presence of the veterinarian within the barangay is necessary.
(d) Dog refers to a common quadruped domestic animal belonging to the order carnivora (male or female), scientifically known as canis familiaris. (e) Euthanasia refers to the process of painless death to Dogs and other animals. (f) Impound refers to seize and hold in the
custody of the law.
(g) Owner refers to any person keeping, harboring or having charge, care or control of a Dog including his/her representative.
(h) Pound refers to a public enclosure for
stray animals.
(i) Public Place refers to any place open to the public like parks, malls, markets, streets, etc.
(j) Rabies refers to a highly fatal disease caused by a lyssa virus, transmitted mainly through the bite of an infected animal and is characterized by muscle paralysis, hydrophobia and aerophobia, and other neurological manifestations. (k) Rabies transmission refers to the transmission or passage of the Rabies virus through a bite by an infected animal, or through contamination with virus-laden saliva on breaks in the skin and of mucous membranes such as the eyes, the lips, the mouth, or the genital organs. (l) Rabies Vaccination/Immunoprophylaxis of Humans refers to the inoculation of humans, with modern day rabies
vaccines or Rabies immunoglobulin, by a trained doctor or nurse under the supervision of a qualified medical practitioner.
(m) Rabies Vaccination of Dogs refers to the inoculation of a Dog with a Rabies vaccine by a licensed government or privateveterinarian or trained individual under the direct supervision of a licensed veterinarian. The services of the said trainedindividual shall be limited only to Rabies Vaccination Injection in Dogs and only during government mass vaccination campaigns.
(n) Post-exposure Treatment (P.E.T) refers to an anti-Rabies treatment administered after an exposure to Rabies, which include local wound care, Rabies vaccine, with or without anti-Rabies
immunizing agent.
(o) Pre-exposure Prophylaxis (P.E.P.) refers to Rabies vaccination administered before an exposure to Rabies to those who are at high risk of getting Rabies. (p) Stray Dog refers to any Dog leaving its Owner’s place or premise and no longer under the effective control of the Owner.
(q) Veterinary or Human Barbiturates refer to drugs that depress the function of the central nervous system. Sec. 4. National Rabies Prevention and Control Program. - It is hereby mandated that there shall be a National Rabies Prevention and Control Program to be implemented by a multi-agency/multi-sectoral committee chaired by the Bureau of Animal Industry of the Department of Agriculture. The program shall be a multi-agency effort in controlling and eliminating Rabies in the country. Among its component
activities include:
(1) mass vaccination of Dogs; (2) establishment of a central database system for registered and vaccinated Dogs; (3) impounding, field control and disposition
of unregistered, Stray and
unvaccinated Dogs;
(4) conduct of information and education campaign on the prevention and control
of Rabies;
(5) provision on pre-exposure treatment to high risk personnel and Post ExposureTreatment to animal bite victims; (6) provision of free routine immunization or Pre-Exposure Prophylaxis (P.E.P.) of schoolchildren aged five to fourteen in areas where there is high incidence of rabies as well as the encouragement of the practice of responsible pet ownership; (7) The program shall be implemented by the Department of Agriculture (DA), Department of Health (DOH), Department of the Interior and Local Government (DILG) and Department of Education (DepEd), as well as Local Government Units (LGUs) with the assistance of the Department of
Environment and Natural
Resources (DENR), Non-Governmental Organizations (NGOs) and People’s Organizations (POs).
Sec. 5. Responsibilities of Pet Owner. -All Pet Owners shall be required to: (a) Have their Dog regularly vaccinated against Rabies and maintain a registration card which shall contain all vaccinations conducted on their Dog, for
accurate record purposes.
(b) Submit their Dogs for mandatory registration.
(c) Maintain control over their Dog and not allow it to roam the streets or any Public Place without a leash. (d) Be a responsible Owner by providing their Dog with proper grooming, adequate food and clean shelter. (e) Within twenty-four (24) hours, report immediately any Dog biting incident to the Concerned Officials for investigation or for any appropriate action and place such Dog under observation by a government or private veterinarian. (f) Assist the Dog bite victim immediately and shoulder the medical expenses incurred and other incidental expenses relative to the victim’s injuries. Sec. 6. Responsibilities of Government
Agencies. - The following
government agencies, which shall jointly implement the National Rabies Prevention and Control Program, shall be tasked to: A. Department of Agriculture (1) Improve and upgrade existing animal Rabies laboratory diagnostic capabilities to ensure better services to the people. (2) Ensure the availability and adequate supply of animal anti-Rabies vaccine at all times.
(3) Undertake free anti-Rabies Vaccination of Dogs giving priority to high
risk depressed areas.
(4) Maintain and improve animal Rabies
surveillance system.
(5) Establish and maintain Rabies free zone in coordination with the LGUs. (6) Immediately facilitate for the approval of the sale and use of Veterinary and Human Barbiturate drugs and veterinary euthanasia drugs by the DOH and the Philippine Drug Enforcement Agency (PDEA).
(7) Strengthen the training of field personnel and the Information Education and Communication (IEC) activities on Rabies prevention and control and
responsiblepet ownership.
(8) Conduct research on Rabies and its control in coordination with other agencies. (9) Formulate minimum standards and monitor the effective implementation of this Act.
(10) Encourage collaborative activities with the DOH, DepEd, DILG, DENR, NGOs, POs and other concerned sectors.
B. Department of Health
(1) Ensure the availability and adequate supply of DOH pre-qualified human AntiRabies vaccine in animal bite treatment centers at all times and shall coordinate with other implementing agencies and concerned NGOs for this purpose. (2) Provide Post-Exposure Treatment at the minimum expense to individuals bitten by animals suspected of being rabid which will consist of the initial vaccine
and immunoglobulin dose.
(3) Provide Pre-Exposure Treatment to high-risk personnel, such as, but not limited to, laboratory staff,veterinarians,
animal handlers, vaccinators and other persons working with Rabies virus for free. (4) Coordinate with the DA in the development of appropriate health education strategy to inform the public on Rabies prevention and control and
responsible pet ownership.
(5) Develop and maintain a human Rabies surveillance system.(6) Encourage collaborative activities with the DA, DepEd, DILG, DENR, NGOs, POs and other
concerned sectors.
(7) Immediately approve the registration of Veterinary and Human Barbiturate drugs and veterinary euthanasia drugs in coordination with the PDEA. C. Department of Education (1) Strengthen Rabies education program through school health teaching/curriculum. (2) Assist in the Dog mass immunization campaigns in the community. (3) Encourage collaborative activities with the DA, DOH, DILG, DENR, NGOs, POs and other concerned sectors. (4) Integrate proper information and education on responsible pet ownership in the relevant subjects in the Elementary and
High School levels.
Sec. 7. Responsibilities of the LGUs. -LGUs, in their respective localities, shall: (1) Ensure that all Dogs are properly immunized, registered and issued a corresponding Dog tag for every immunized
and registered Dog.
(2) Strictly enforce Dog Impounding activities and field control to eliminate Stray Dogs.
(3) Ensure that Dogs are leashed or confined within the premises of the Owner’s house or Owner’s fenced surroundings.
(4) Allocate funds to augment the implementation of the National Rabies Prevention and Control Program, particularly on the financing of supplies and human and Dog vaccines needed for immunization.
(5) Ensure the enforcement of Section 6 of Republic Act No. 8485 or “The Animal Welfare Act of 1998”.
(6) Enact additional local ordinances that will support the National Rabies Prevention and Control Program that should include the regulation of treatment locally
known as “tandok.”
(7) Prohibit the trade of Dogs for meat. (8) With respect to cities and first class municipalities, establish and maintain a Dog Pound where Impounded Dogs shall be kept, in accordance with Section 9 herein: Provided, That the other municipalities, shall, on their own, establish a Dog Pound or opt to share the expense of establishing and maintaining a Dog Pound with other adjoining municipalities and/or with private animal shelters and control facilities.
(9) Prohibit the use of electrocution as a
euthanasia procedure.
(10) Appoint a veterinarian and establish a veterinary office in every province, city and first-class municipality: Provided, That the other municipalities shall, on their own, opt to share the expense of having a
veterinary office.
(11) Require pet shops to post information regarding Rabies and responsible pet ownership.
(12) For purposes of ensuring the administrative feasibility of implementing the provisions of this Act and subject to paragraph 8 of this Section, the LGU shall collect the fines imposed under Section 11 subparagraphs (1). (3), (4), (5) and (6) hereof. Any and all fines collected pursuant to this Act shall be used for the enhancement of the National Rabies Prevention and Control Program within the locality concerned, as well as the achievement of the objectives envisioned in this Act.The DILG shall ensure compliance of these responsibilities by the LGUs. Sec. 8. Assistance of NGOs and the Academe. - The agencies tasked to implement the anti-Rabies program shall seek the assistance and participation of NGOs in any of the following activities: (1) Community mobilization. (2) Health education/information dissemination on Rabies and responsible
pet ownership.
(3) Mass anti-Rabbies campaign (4) Promotion of the anti-Rabies campaign during pet or any animal shows. (5) Surveillance/reporting of Rabies cases in
animals and humans.
(6) Any other activities geared towards the prevention and complete eradication of Rabies.
Sec. 9. Impounding Field Control and Disposition of Unregistered, Stray and Unvaccinated Dogs. - Unregistered, Stray or unvaccinated Dogs shall be put in Dog Pounds and disposed of, taking into consideration the following guidelines: (1) Unregistered, Stray or unvaccinated Dogs shall be impounded and kept in the LGU’s designated Dog Pound. (2) Impounded Dogs not claimed after three days from the Dog Pound shall be placed for adoption to qualified persons, with the assistance of an animal welfare NGO, when feasible, or otherwise disposed of in any manner authorized, subject to the pertinent provisions of Republic Act No. 8485, otherwise known as the “Animal Welfare Act
of 1998”.
(3) A fee shall be paid by Owners of Impounded Dogs to the LGU concerned, pursuant to Section 7 hereof. Sec. 10. Dog Population Control. - In furtherance of the policy of this Act to eradicate Rabies, there is the need to control the Dog population and minimize the number of unwanted Stray Dogs. As such, it
is hereby mandated:
(1) That the DA, DOH, DILG, DepEd, LGUs, with the assistance of NGOs and POs shall undertake an educational and promotional campaign on responsible Pet Ownership, including the option of spaying or neutering
their Dogs.
(2) That the LGUs shall provide an incentive system whereby Owners of Dogs which have been spayed or neutered will be given a subsidized or discounted pet registration fee.
(3) That Dogs which have been impounded three times shall only be released
after having been spayed or neutered, at the expense of the Pet’s Owner.
Sec. 11. Penalties.
-(1) Pet Owners who fail or refuse to have their Dog registered and immunized against Rabies shall be punished by a fine of Two thousand pesos (P2,000.00). (2) Pet Owners who refuse to have their Dog vaccinated against Rabies shall be liable to pay for the vaccination of both the Dog and the individuals Bitten by their Dog.
(3) Pet Owners who refuse to have their Dog put under observation after said Dog has Bitten an individual shall be meted a fine of Ten thousand pesos (P10,000.00). (4) Pet Owners who refuse to have their Dog put under observation and do not shoulder the medical expenses of the person bitten by their Dog shall be meted a fine of Twenty-five thousand pesos (P25,000.00).
(5) Pet Owners who refuse to put leash on their Dogs when they are brought outside the house shall be meted a fine of Five hundred pesos (P500.00) for each incident.
(6) An impounded Dog shall be released to its Owner upon payment of a fine of not less than Five hundred pesos (P500.00) but not
more than One thousand
pesos (P1,000.00).
(7) Any person found guilty of trading Dog for meat shall be fined not less than Five thousand pesos,(P5,000.00) per Dog and subjected to imprisonment for one to four years.
(8) Any person found guilty of using electrocution as a method of euthanasia shall be fined not less than Five thousand pesos (P5,000.00) per act and subject to imprisonment for one to four years. (9) If the violation is committed by an alien, he or she shall be immediately deported after service of sentence without
any further proceedings.
Sec. 12. Implementing Rules and Regulations. - The DA, in coordination with the DOH, DILG, DepEd, DENR, NGOs and
POs shall issue the necessary rules and regulations within sixty (60) days from the effectivity of this Act. Sec. 13. Appropriations. - The amount of
One hundred million
pesos (P100,000,000.00) necessary to implement the provisions of this Act shall be initially charged against the appropriations of the DOH, DA, DILG and DepEd under the General Appropriations Act. For the LGUs, the requirements shall be taken from their Internal Revenue Allotment and other local funds. Thereafter, such sums as may be necessary for its continued implementation shall be included in the annual General Appropriations Act. Sec. 14. Separability Clause. - In case any
provision of this Act is
declared unconstitutional, the other provisions shall remain in full force and effect.
Sec. 15. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two newspapers of general circulation,
whichever comes earlier.
Approved:
(Sgd.) MANNY VILLAR
President of the Senate
(Sgd.) JOSE DE VENECIA, JR. Speaker of the House of Representatives This Act which is a consolidation of Senate Bill No. 2541 and House Bill No. 4654 was finally passed by the Senate and the House of Representatives on February 7, 2007 and February 20, 2007 respectively.
(Sgd.) OSCAR G. YABES
Secretary of the Senate
(Sgd.) ROBERTO P. NAZARENO
Secretary General
House of Representatives
Approved: May 25, 2007
(Sgd.) GLORIA MACAPAGAL - ARROYO President of the Philippines
[REPUBLIC ACT NO. 10631]
AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 8485, OTHERWISE KNOWN AS “THE ANIMAL
WELFARE ACT OF 1998”
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Section 1 of Republic Act No. 8485 is hereby amended to read as follows; “SECTION 1. It is the purpose of this Act to protect and promote the welfare of all terrestrial, aquatic and marine animals in the Philippines by supervising and regulating the establishment and operations of all facilities utilized for breeding, maintaining, keeping, treating or training of all animals either as objects of trade or as household pets. For purposes of this Act, pet animal shall include birds.
“For purposes of this Act, animal welfare pertains to the physical and psychological well-being of animals. It includes, but 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.”
SEC. 2. Section 6 of Republic Act No. 8485 is hereby amended to read as follows: “SEC. 6. 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, kill or cause or procure to be tortured or deprived of adequate care, sustenance or shelter, or maltreat or use the same 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:
“x x x.”
SEC. 3. A new Section 7 is hereby inserted after Section 6 of the same Act to read as follows:
“SEC. 7. 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.
“If the animal is left in circumstances likely to cause the animal any unnecessary suffering, or if this abandonment results in the death of the animal, the person liable shall suffer the maximum penalty.
“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.” SEC. 4. Section 8 of Republic Act No. 8485 which shall now become Section 9 is hereby 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: “(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.
“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.
“However, regardless of the resulting condition to the animal/s, the penalty of two (2) years and one (1) day to three (3) years and/or a fine not exceeding Two hundred fifty thousand pesos (P250,000.00) shall be imposed if the offense is committed by any of the following: (1) a syndicate; (2) an offender who makes business out of cruelty to an animal; (3) a public officer or
employee; or (4) where at least three (3) animals are involved.
“In any of the foregoing situations, the offender shall suffer subsidiary imprisonment in case of insolvency and the inability to pay the fine.”
SEC. 5. A new Section 10 is hereby inserted after the Section above to read as follows: “SEC. 10. The Secretary of the Department of Agriculture shall deputize animal welfare enforcement officers from nongovernment organizations, citizens groups, community organizations and other volunteers who have undergone the necessary training for this purpose. The Philippine National Police, the National Bureau of Investigation and other law enforcement agencies shall designate animal welfare enforcement officers. As such, animal welfare enforcement officers shall have the authority to seize and rescue illegally traded and maltreated animals and to arrest violators of this Act subject to the guidelines of existing laws and rules and regulations on arrest and detention.
“The Secretary of the Department of Agriculture shall, upon the recommendation of the Committee on Animal Welfare:
“(1) Promulgate the guidelines on the criteria and training requirements for the deputization of animal welfare enforcement officers; and
“(2) Establish a mechanism for the supervision, monitoring and reporting of these enforcement officers.”
SEC. 6. If, for any reason, any provision of this Act is declared to be unconstitutional or invalid, the other sections or provisions
hereof which are not affected shall continue to be in full force and effect.
SEC. 7. All laws, decrees, orders, rules and regulations and other issuances or parts thereof which are inconsistent with the provisions of this Act are hereby deemed repealed, amended or modified accordingly. SEC. 8. This Act shall take effect after fifteen (15) days from its publication in the Official Gazette or in at least two (2) newspapers of general circulation, whichever comes earlier.
Approved: OCT 03 2013 FAQS:
1. How to report animal cruelty?
A: If you see animal cruelty in progress (such as persons in the act of a 'dog katay' or selling and buying dogs for the dog meat trade, or inflicting harm to animals), please report the incident immediately to your barangay officials and/or to
police hotline 117.
PAWS needs citizens like yourself (witnesses) to be taking steps in filing charges so that we can prevent this cruelty from happening again. In order to prosecute criminals for the violation of the Animal Welfare Act, PAWS needs the complete details (date, time, exact location, people involved). If you are not willing to execute an affidavit, please recommend another eyewitness who will.
Without a willing witness, no charges can be filed.
2. How can they be charge?
A: Through affidavit complaint. Filed with the Fiscal’s Office
3. “Maraming pusa sa bahay/ garahe/ garden/ bakuran/ condo/ office namin. Hindi namin sila pusa. Ano ang pwede naming gawin para mawala sila?”
A: Ang pusang gala (feral o wild cats o formerly-owned / dating may may-aring pusa) ay pumupunta lamang sa isang lugar na meron silang mapagkukunan ng pagkain.
IMPORTANT NOTE:
Pag kinuha o itinapon ang pusa sa ibang lugar, mapapalitan din ito ng mga bagong pusa na papasok sa inyong bahay/garahe/garden/ bakuran/ condo/ office dahil sa tinatawag na “holding capacity” . 4. ANO ANG “HOLDING CAPACITY”?
A: Ito ay ang pinagkukunan ng pagkain o tubig ng hayop – mapa-aso, pusa o daga – sa isang lugar. Maaaring may nagbibigay ng pagkain, o di kaya’y may naka-“expose” na basura na pinagkukunan ng pagkain.
Lahat ng lugar ay may sinusuportang hayop na nabubuhay sa mga tira-tirang pagkain. Lahat ng lugar ay may “holding capacity”. Sa mga malilinis at highly-commercialized establishments o lugar, mas maliit ang holding capacity kaya’t halos walang stray cat o pusang gala sa mga ito. Ang mga komunidad na ito ay may mga “effective garbage-collection and keeping systems “ (epektibong pagkolekta ng basura) kaya’t hindi na halos pino-problema ang stray animals o galang hayop sa kanilang lugar.
Sa maraming residential neghborhoods, hindi posible ang pag-liit ng “holding capacity” sa kadahilanang kahit maisaayos ng isang subdivision o barangay ang kanilang garbage collection o management system, hindi naman lagging naisasaayos ng kalapit-barangay ang problemang basura. 5. ANO ANG MABISANG PARAAN
NANG MAISAAYOS ANG
PROBLEMA?
A: Ang TNR o “Trap-Neuter-Return” ang pinakamabisang paraan ng pag-control ng populasyon ng mga pusa sa isang lugar.
6. SINO ANG KUMUKUHA SA GALANG HAYOP?
A: Ang PAWS ay hindi kumukuha ng mga stray dogs o cats (galang aso o pusa). Ang City Pound o Animal Control ng Munisipyo ang gumagawa nito, ngunit hindi ito permanenteng solusyon. Ang pagkuha at pagpatay (“trap and kill” method) na ginagawa ng City Pounds ay paulit-ulit na nangyayari sa kadahilanang walang malakihang ‘spay/neuter (kapon) programs’ ang karamihan sa ating mga LGUs o Local Government Units.
7. ANO ANG PWEDE MONG GAWIN? A: Makipag-usap sa community leaders (bgy captain, subdivision president) tungkol sa TNR at makipag-coordinate sa isang lisensyadong beterinaryo na marunong magkapon sa inyong lugar na magbigay ng charity rate sa pagkapon ng community stray cats. 8. Why Wild Animals Do Not Make
Good Pets?
A: Some people think it will be exciting, fun or cool to keep a wild
animal as a pet. But we only have to think of the complex environments in which wild animals live - forests, deserts, wide open spaces, rivers, oceans- to know that we can’t possibly provide for their needs in captivity, especially in a small cage or tank in a house or flat.
For one thing, we can never provide them with the space they have in the wild - the space they need to exercise and keep healthy and strong; the space that their bodies are designed to live in.
Keeping wild animals in a cage or tank, even if fairly large, means that they are unable to act on most of their natural instincts, such as the need to run, fly, leap, dive, swing or burrow into the ground.
Also, we often only have the space to keep one animal, and depriving social animals of contact with others of their kind is very cruel.
Just like us, animals get bored and frustrated when they don’t have things to do and when they can’t act on their natural instincts, and, in the case of social animals, are deprived of the company of others of their kind.
The way that animals cope with this boredom and frustration is that they begin to perform strange, repetitive behaviors, called stereotypic behaviors, which have no obvious function.
You may see a pet monkey rocking from side to side, a bird on a perch bobbing his head up and down, a caged squirrel pacing from side to side or running round and round in circles. These are all stereotypic behaviors. Some animals are so distressed they may resort to
self-mutilation - pulling out their fur or feathers or biting their limbs and tails.
And if this isn’t reason enough to not keep wild animals as pets, keeping them can be dangerous for us too. Several serious diseases, called zoonotic diseases, can be passed from wild animals to humans, and vice versa. Also, wild animals, no matter how long they are kept as pets, remain wild animals and retain their natural instincts, and can often inflict severe injuries through bites and scratches. 9. Is it legal to sell puppies in the
streets?
A: Puppy mills, irresponsible breeders and pet shops admittedly is a huge animal welfare issue - which PAWS currently fights through educational campaigns informing people why they should not buy from these shops. If there is no one who will buy, these "businesses" will ultimately close down - that is the long term goal.
It is indeed sad and horrifying to be confronted with so much animal cruelty places like puppy peddlers on the streets, Cartimar, Arranque, Tiendesitas, etc. as well as the reality that we do have puppy millers and irresponsible breeders here in the Philippines. The puppy mills may not be as big or established as the puppy mills in the US but they do exist, unfortunately. You even see a lot of the small time irresponsible breeders online in the forums, sulit, Facebook, etc.
10.My dog (or my neighbor's dog) was caught and was taken to the pound! Is this right / legal? What do I do?
A: Owners whose pets were caught roaming the streets or public places should claim their pets immediately.The holding period of dogs in the pound vary depending on the city (from 24 hours to 3 days to 1 week). Dogs that are not claimed within the holding period are supposed to be humanely euthanized. Yes, there will be a fee to pay to claim your dog, but paying that fee is better than paying with your dog's life.
Under RA9482: The Anti Rabies Act, dog catchers and employees of the city pound are authorized to catch strays and/or loose dogs running around in public using humane methods. They may also catch dogs out in public that are not under the control and supervision of their owner (i.e., owned dog allowed to roam the streets without a leash and without his owner, owned dog is just outside owner's gate but with no leash).
People can write to the City Mayor directly as the City Pound is under the Health Services Department of the LGU if they want to make a formal complaint on any of the following issues re: dog catchers employed by the City:
1. manner of catching (inhumane) -violates RA8485 The Animal Welfare Act
2. disrespectful demeanor of dog catchers
We would like to remind everyone to please keep your pets on leash when in public places, regardless of size or of training. Not only is this a responsible thing to do, it is also a
requirement stated in the RA9482: Anti Rabies Act. Please download it here for your reference (in PDF format): RA9482 Anti Rabies Act of 2007
Please also keep your pets indoors and/or make sure your home/yard/lot is properly fenced to prevent your pets from running out of your home and being injured by vehicles or picked up by dogcatchers or dog meat traders.
It is your responsibility to keep them safe from harm and to keep them from harming others.
11.Who can get strays or abandoned dogs/cats off the streets?
A: The stray dog/cat population is actually the responsibility of the City Vet/Pound through the City Health Department.
You may report the strays or abandoned animals to them. Under RA9482 The Anti Rabies Act, strays are to be collected humanely by authorized catchers, impounded and euthanized after a certain period (which varies per city: from a few days to a few weeks) if they are not adopted or claimed. Why are they euthanized? ---- This is because your city pound only has space and budget only for X-amount of animals. 12.Is it legal to keep exotic animals? What can I do to help the exotic animal in my neighbor's care?
A: The government agency tasked to handle wildlife and exotic animal concerns are:
PAWB Protected Areas and Wildlife Bureau
924-6031 local 235
Complaints about exotic animals in Metro Manila fall under NCR Regional Office and should be forwarded to Mr. Primo Capistrano,
Chief of PAWB. Please make sure you have concrete information because one will have to submit a detailed written complaint/report about the owner of the animal (name, address, contact info), the location where animal is kept, time and place of observations, etc. (Please send to us through email: [email protected] the name & designation of the person you spoke to as well as the circumstances of the report so we can help you follow-up.)
You may check with the PAWB (Protected Areas and Wildlife Bureau) at tel. # 924-6031 or DENR at tel #. 435-2509 if the person who has the animal has the proper permits.
DENR and BAI-AWD (Bureau of Animal Industry - Animal Welfare Division) issues permits for exotic animals for zoos, animal parks, breeding, export, conservation and if one is in the scientific/research field.
If person has no permit (or even if the person has a permit but conditions violate the Animal Welfare Act), the animal may be confiscated. Confiscated animals will be confined in their Wildlife Rescue Center but it may be better to help educate the owner to provide improved living conditions and care instead.
PAWS can assist with filing charges of animal cruelty or neglect against the owner of the exotic animal IF the concerned citizen reporting to PAWS is willing to submit all information and witness affidavit.
13.How do I travel with my pet? I am going to the province or abroad, going on vacation and I want to bring my pet?
A: RA8485: THE ANIMAL WELFARE ACT
Section 4. It shall be the duty of any owner or operator of any land, air or water public utilitytransporting pet, wildlife and all other animals to provide in all cases adequate, clean and sanitary facilities for the safe conveyance and delivery thereof to their consignee at the place of consignment. They shall provide sufficient food and water for such animals while in transit for more than twelve (12) hours or whenever necessary. No public utility shall transport any such animal without a written permit from the Director of the Bureau of Animal Industry or his/her authorized representative. No cruel confinement or restraint shall be made on such animals while being transported. Any form of cruelty shall be penalized even if the transporter has obtained a permit from the Bureau of Animal Industry. Cruelty in transporting includes overcrowding, placing of animals in the trunks or under the hood trunks of the vehicles.
14.Help! Where can I report vet malpractice? I brought my pet to a vet for treatment but my pet died? A: A comprehensive investigation by a veterinarian or a team of licensed veterinary practitioners can determine whether there was malpractice done by another veterinarian in the treatment, surgery of your pet.
This service (investigation, necropsy) is something that we cannot offer as PAWS only has one vet that attends to charity cases, emergency cases and the giving of low-cost spay-neuter services. Due
to this workload, the PAWS vet cannot conduct a full necropsy on all malpractice reports.
We suggest that malpractice cases/complaints be addressed to the PRC (Professional Regulatory Commission) or PVMA (Philippine Veterinary Medical Association). Note : It must be the aggrieved pet owner who submits and files the complaint (not any one else, not even a concerned citizen).
REPUBLIC ACT NO. 9147
AN ACT PROVIDING FOR THE
CONSERVATION AND
PROTECTION OF WILDLIFE RESOURCES AND THEIR HABITATS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: CHAPTER I
General Provisions
SECTION 1. Title. — This Act shall be known as the “Wildlife Resources Conservation and Protection Act.” SECTION 2. Declaration of Policy. — It shall be the policy of the State to conserve the country’s wildlife resources and their habitats for sustainability. In the pursuit of this policy, this Act shall have the following objectives:
(a) to conserve and protect wildlife species and their habitats to
promote ecological balance and enhance biological diversity;
(b) to regulate the collection and trade of wildlife;
(c) to pursue, with due regard to the national interest, the Philippine commitment to international conventions, protection of wildlife and their habitats; and
(d) to initiate or support scientific studies on the conservation of biological diversity.
SECTION 3. Scope of Application. — The provisions of this Act shall be enforceable for all wildlife species found in all areas of the country, including protected areas under Republic Act No. 7586, otherwise known as the National Integrated Protected Areas System (NIPAS) Act, and critical habitats. This Act shall also apply to exotic species which are subject to trade, are cultured, maintained and/or bred in captivity or propagated in the country.
SECTION 4. Jurisdiction of the Department of Environment and Natural Resources and the Department of Agriculture. — The Department of Environment and Natural Resources (DENR) shall have jurisdiction over all terrestrial plant and animal species, all turtles and tortoises and wetland species, including but not limited to crocodiles, waterbirds and all amphibians and dugong. The Department of Agriculture (DA) shall have jurisdiction over all declared aquatic critical habitats, all aquatic
resources, including but not limited to all fishes, aquatic plants, invertebrates and all marine mammals, except dugong. The secretaries of the DENR and the DA shall review, and, by joint administrative order, revise and regularly update the list of species under their respective jurisdiction. In the Province of Palawan, jurisdiction herein conferred is vested to the Palawan Council for Sustainable Development pursuant to Republic Act No. 7611.
CHAPTER II Definition of Terms
SECTION 5. Definition of Terms. — As used in this Act, the term:
(a) “Bioprospecting” means the research, collection and utilization of biological and genetic resources for purposes of applying the knowledge derived therefrom solely for commercial purposes;
(b) “By-product or derivatives” means any part taken or substance extracted from wildlife, in raw or in processed form. This includes stuffed animals and herbarium specimens;
(c) “Captive-breeding/culture or propagation” means the process of producing individuals under controlled conditions or with human interventions;
(d) “Collection or collecting” means the act of gathering or harvesting wildlife, its by-products or derivatives;
(e) “Conservation” means preservation and sustainable utilization of wildlife, and/or maintenance, restoration and enhancement of the habitat;
(f) “Critically endangered species” refers to a species or subspecies that is facing extremely high risk of extinction in the wild in the immediate future;
(g) “Economically important species” means species which have actual or potential value in trade or utilization for commercial purpose;
(h) “Endangered species” refers to species or subspecies that is not critically endangered but whose survival in the wild is unlikely if the causal factors continue operating; (i) “Endemic species” means species or subspecies which is naturally occurring and found only within specific areas in the country;
(j) “Exotic species” means species or subspecies which do not naturally occur in the country;
(k) “Export permit” refers to a permit authorizing an individual to bring out wildlife from the Philippines to any other country;
(l) “Gratuitous permit” means permit issued to any individual or entity engaged in noncommercial scientific or educational undertaking to collect wildlife;
(m) “Habitat” means a place or environment where a species or
subspecies naturally occur or has naturally established its population; (n) “Import permit” refers to a permit authorizing an individual to bring in wildlife from another country;
(o) “Indigenous wildlife” means species or subspecies of wildlife naturally occurring or has naturally established population in the country;
(p) “Introduction” means bringing species into the wild that is outside its natural habitat;
(q) “Reexport permit” refers to a permit authorizing an individual to bring out of the country a previously imported wildlife;
(r) “Secretary” means either or both the Secretary of the Department of Environment and Natural Resources and the Secretary of the Department of Agriculture;
(s) “Threatened species” a general term to denote species or subspecies considered as critically endangered, endangered, vulnerable or other accepted categories of wildlife whose population is at risk of extinction; (t) “Trade” means the act of engaging in the exchange, exportation or importation, purchase or sale of wildlife, their derivatives or by-products, locally or internationally;
(u) “Traditional use” means utilization of wildlife by indigenous people in accordance with written or
unwritten rules, usage, customs and practices traditionally observed, accepted and recognized by them; (v) “Transport permit” means a permit issued authorizing an individual to bring wildlife from one place to another within the territorial jurisdiction of the Philippines;
(w) “Vulnerable species” refers to species or subspecies that is not critically endangered nor endangered but is under threat from adverse factors throughout their range and is likely to move to the endangered category in the near future;
(x) “Wildlife” means wild forms and varieties of flora and fauna, in all developmental stages, including those which are in captivity or are being bred or propagated;
(y) “Wildlife collector’s permit” means a permit to take or collect from the wild certain species and quantities of wildlife for commercial purpose; and
(z) “Wildlife farm/culture permit” means a permit to develop, operate and maintain a wildlife breeding farm for conservation, trade and/or scientific purposes.
CHAPTER III
Conservation and Protection of Wildlife Resources
ARTICLE ONE General Provision
SECTION 6. Wildlife Information. — All activities, as subsequently manifested under this Chapter, shall be authorized by the Secretary upon proper evaluation of best available information or scientific data showing that the activity is, or for a purpose, not detrimental to the survival of the species or subspecies involved and/or their habitat. For this purpose, the Secretary shall regularly update wildlife information through research.
SECTION 7. Collection of Wildlife. — Collection of wildlife may be allowed in accordance with Section 6 of this Act: Provided, That in the collection of wildlife, appropriate and acceptable wildlife collection techniques with least or no detrimental effects to the existing wildlife populations and their habitats shall, likewise, be required: Provided, further, That collection of wildlife by indigenous people may be allowed for traditional use and not primarily for trade: Provided, furthermore, That collection and utilization for said purpose shall not cover threatened species: Provided, finally, That Section 23 of this Act shall govern the collection of threatened species.
SECTION 8. Possession of Wildlife. — No person or entity shall be allowed possession of wildlife unless such person or entity can prove financial and technical capability and facility to maintain said wildlife: Provided, That the source was not obtained in violation of this Act.
SECTION 9. Collection and/or Possession of By-Products and Derivatives. — By-products and derivatives may be collected and/or possessed: Provided, That the source was not obtained in violation of this Act.
SECTION 10. Local Transport of Wildlife, By-Products and Derivatives. — Local transport of wildlife, by-products and derivatives collected or possessed through any other means shall be authorized unless the same is prejudicial to the wildlife and public health.
SECTION 11. Exportation and/or Importation of Wildlife. — Wildlife species may be exported to or imported from another country as may be authorized by the Secretary or the designated representative, subject to strict compliance with the provisions of this Act and rules and regulations promulgated pursuant thereto: Provided, That the recipient of the wildlife is technically and financially capable to maintain it. SECTION 12. Introduction, Reintroduction or Restocking of Endemic or Indigenous Wildlife. — The introduction, reintroduction or restocking of endemic and indigenous wildlife shall be allowed only for population enhancement or recovery purposes subject to prior clearance from the Secretary or the authorized representative pursuant to Section 6 of this Act.
Any proposed introduction shall be subject to a scientific study which shall focus on the bioecology. The
proponent shall also conduct public consultations with concerned individuals or entities.
SECTION 13. Introduction of Exotic Wildlife. — No exotic species shall be introduced into the country, unless a clearance from the Secretary or the authorized representative is first obtained. In no case shall exotic species be introduced into protected areas covered by Republic Act No. 7586 and to critical habitats under Section 25 hereof.
In cases where introduction is allowed, it shall be subject to environmental impact study which shall focus on the bioecology, socioeconomic and related aspects of the area where the species will be introduced. The proponent shall also be required to secure the prior informed consent from the local stakeholders.
SECTION 14. Bioprospecting. — Bioprospecting shall be allowed upon execution of an undertaking by any proponent, stipulating therein its compliance with and commitment(s) to reasonable terms and conditions that may be imposed by the Secretary which are necessary to protect biological diversity.
The Secretary or the authorized representative, in consultation with the concerned agencies, before granting the necessary permit, shall require that prior informed consent be obtained by the applicant from the concerned indigenous cultural communities, local communities,
management board under Republic Act No. 7586 or private individual or entity. The applicant shall disclose fully the intent and scope of the bioprospecting activity in a language and process understandable to the community. The prior informed consent from the indigenous peoples shall be obtained in accordance with existing laws. The action on the bioprospecting proposal by concerned bodies shall be made within a reasonable period.
Upon submission of the complete requirements, the Secretary shall act on the research proposal within a reasonable period.
If the applicant is a foreign entity or individual, a local institution should be actively involved in the research, collection and, whenever applicable and appropriate, in the technological development of the products derived from the biological and genetic resources.
SECTION 15. Scientific Researches on Wildlife. — Collection and utilization of biological resources for scientific research and not for commercial purposes shall be allowed upon execution of an undertaking/agreement with and issuance of a gratuitous permit by the Secretary or the authorized representative: Provided, That prior clearance from concerned bodies shall be secured before the issuance of the gratuitous permit: Provided, further, That the last paragraph of Section 14 shall likewise apply.
SECTION 16. Biosafety. — All activities dealing on genetic engineering and pathogenic organisms in the Philippines, as well as activities requiring the importation, introduction; field release and breeding of organisms that are potentially harmful to man and the environment shall be reviewed in accordance with the biosafety guidelines ensuring public welfare and the protection and conservation of wildlife and their habitats.
SECTION 17. Commercial Breeding or Propagation of Wildlife Resources. — Breeding or propagation of wildlife for commercial purposes shall be allowed by the Secretary or the authorized representative pursuant to Section 6 through the issuance of wildlife farm/culture permit: Provided, That only progenies of wildlife raised, as well as unproductive parent stock shall be utilized for trade: Provided, further, That commercial breeding operations for wildlife, whenever appropriate, shall be subject to an environmental impact study.
SECTION 18. Economically Important Species. — The Secretary, within one (1) year after the effectivity of this Act, shall establish a list of economically-important species. A population assessment of such species shall be conducted within a reasonable period and shall be regularly reviewed and updated by the Secretary.
The collection of certain species shall only be allowed when the results of the assessment show that, despite certain extent of collection, the population of such species can still remain viable and capable of recovering its numbers. For this purpose, the Secretary shall establish a schedule and volume of allowable harvests.
Whenever an economically important species become threatened, any form of collection shall be prohibited except for scientific, educational or breeding/propagation purposes, pursuant to the provisions of this Act. SECTION 19. Designation of Management and Scientific Authorities for International Trade in Endangered Species of Wild Fauna and Flora. — For the implementation of international agreement on international trade in endangered species of wild fauna and flora, the management authorities for terrestrial and aquatic resources shall be the Protected Areas and Wildlife Bureau (PAWB) of the DENR and the Bureau of Fisheries and Aquatic Resources (BFAR) of the DA, respectively and that in the Province of Palawan the implementation hereof is vested to the Palawan Council for Sustainable Development pursuant to Republic Act No. 7611.
To provide advice to the management authorities, there shall be designated scientific authorities for terrestrial and aquatic/marine species. For the terrestrial species,
the scientific authorities shall be the Ecosystems Research and Development Bureau (ERDB) of the DENR, the U.P. Institute of Biological Sciences and the National Museum and other agencies as may be designated by the Secretary. For the marine and aquatic species, the scientific authorities shall be the BFAR, the U.P. Marine Science Institute, U.P. Visayas, Silliman University and the National Museum and other agencies as may be designated by the Secretary: Provided, That, in the case of terrestrial species, the ERDB shall chair the scientific authorities, and in the case of marine and aquatic species, the U.P. Marine Science Institute shall chair the scientific authorities.
SECTION 20. Authority of the Secretary to Issue Permits. — The Secretary or the duly authorized representative, in order to effectively implement this Act, shall issue permits/certifications/clearances with corresponding period of validity, whenever appropriate, which shall include but not limited to the following:
(1) Wildlife farm or culture permit 3 to 5 years;
(2) Wildlife collector’s permit 1 to 3 years;
(3) Gratuitous permit 1 year;
(4) Local transport permit 1 to 3 months; and
(5) Export/Import/Reexport permit 1 to 6 months.
These permits may be renewed subject to the guidelines issued by the appropriate agency and upon consultation with concerned groups. SECTION 21. Fees and Charges. — Reasonable fees and charges as may be determined upon consultation with the concerned groups, and in the amount fixed by the Secretary shall be imposed for the issuance of permits enumerated in the preceding section.
For the export of wildlife species, an export permit fee of not greater than three percentum (3%) of the export value, excluding transport costs, shall be charged: Provided, however, That in the determination of aforesaid fee, the production costs shall be given due consideration. Cutflowers, leaves the like, produced from farms shall be exempted from the said export fee: Provided, further, that fees and charges shall be reviewed by the Secretary every two (2) years or as the need arises and revise the same accordingly, subject to consultation with concerned sectors.
ARTICLE TWO
Protection of Threatened Species SECTION 22. Determination of Threatened Species. — The Secretary shall determine whether any wildlife species or subspecies is threatened, and classify the same as critically endangered, endangered, vulnerable or other accepted categories based on the best scientific data and with due regard to
internationally accepted criteria, including but not limited to the following.
(a) present or threatened destruction, modification or curtailment of its habitat or range; (b) over-utilization for commercial, recreational, scientific or educational purposes;
(c) inadequacy of existing regulatory mechanisms; and
(d) other natural or man-made factors affecting the existence of wildlife.
The Secretary shall review, revise and publish the list of categorized threatened wildlife within one (1) year after effectivity of this Act. Thereafter, the list shall be updated regularly or as the need arises: Provided, That a species listed as threatened shall not be removed therefrom within three (3) years following its initial listing.
Upon filing of a petition based on substantial scientific information of any person seeking for the addition or deletion of a species from the list, the Secretary shall evaluate in accordance with the relevant factors stated in the first paragraph of this section, the status of the species concerned and act on said petition within a reasonable period.
The Secretary shall also prepare and publish a list of wildlife which resembles so closely in appearance with listed threatened wildlife, which
