Killing of dogs is prohibited

Dear PAO,

Nana, our beloved dog, typically wanders around our lawn during his walks or when he needs a bathroom break. However, one day, he didn’t return to our home. Despite reviewing our CCTV recording and initiating a search effort, several weeks have passed with no sign of Nana. We’ve diligently monitored our CCTV footage daily in hopes of finding clues about his whereabouts. Yesterday, we stumbled upon a disturbing clip showing our neighbor holding a dog resembling Nana. Shockingly, the neighbor proceeded to hang, burn, and butcher the dog for consumption. Did my neighbor violate any laws?

Shannon

Dear Shannon,

Please be informed of Section 6 of Republic Act (RA) 8485, otherwise known as the “The Animal Welfare Act of 1998,” which states that:

“Section 6. x x x The killing of any animal other than cattle pigs, goats, sheep, poultry, rabbits, carabaos, horses, 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 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 licensed veterinarian.

“In all the above mentioned cases, including those of cattle, pigs, goats, sheep, poultry, rabbits, carabaos, horses, deer and crocodiles 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.

“Only those procedures approved by the Committee shall be used in the killing of animals.”

Based on the above-stated law, killing of animals, other than cattle, pigs, goats, sheep, poultry, rabbits, carabaos, horses, deer, and crocodiles, is prohibited as a general rule. There are, however, circumstances wherein ending an animal’s life is justifiable. This includes killing an animal as part of religious rituals, when the pet animal was clinically determined to be afflicted with incurable disease, when it was clinically determined that such killing is meant to end the misery suffered by the pet animal, when killing is done to prevent an imminent danger to the life of a person, when it is done for the purpose of animal population control, and other justified circumstances under the law. Nonetheless, in all justified circumstances, the killing of the animal must be done through humane procedures.

Applying the aforementioned provision of the law to the circumstance that you mentioned, if the killing of said animal was done outside the justifiable instance of Sec. 6 of RA 8485, and not through humane means, your neighbor may have violated said pertinent law. If it can be proven that your neighbor is guilty of violating Section 6 of RA 8485, he or she may be penalized. Section 8 of the above-stated law provides for the penalty, viz.:

“Section 8. Any person who violates 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 therefor shall serve the imprisonment when imposed. If the violation is committed by an alien, he or she shall be immediately deported after service of sentence without any further proceedings.”

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]