Dear PAO,
I am writing to express my deep concern about the plight of pet dogs abandoned by their owners during the last typhoon’s floods. The heartbreaking news footage of chained dogs left to fend for themselves in floodwaters is truly distressing. We should hold irresponsible pet owners accountable for their actions. Do we have a law that protects our animals from such acts and punishes those who violate it?
Concerned pet lover
Dear Concerned pet lover,
Republic Act (RA) 8485, otherwise known as the Animal Welfare Act of 1998, as amended by Republic Act (RA) 10631, outlaws the act of subjecting any animal to cruelty, maltreatment or neglect.
Section 7 of the said law provides for the prohibition of animal abandonment, to wit:
“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.”
Section 9 of the said law further provides that anyone who mistreats, neglects, or abuses an animal can be punished with imprisonment and/or a fine, to wit:
“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.”
Now, for instance, a pet owner who is aware of an incoming storm, abandons his or her pet dog, leaving it chained and exposed to deadly floodwaters, despite having time to save it, that person is liable under the law.
We hope that we are 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.
Thank you for your continued trust and support.
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]
