ENVIRONMENTAL LAW

REPUBLIC ACT 8485 AS AMMENDED

BY REPUBLIC ACT 10631

AN ACT TO PROMOTE ANIMAL

WELFARE IN THE PHILIPPINES,
OTHERWISE KNOWN AS "THE
ANIMAL WELFARE ACT OF 1998"

Submitted by: Submitted to:

Jan Vernon L. Hernan Ambassador Tolentino
2A
 AN ACT TO PROMOTE ANIMAL WELFARE IN THE PHILIPPINES, OTHERWISE
KNOWN AS "THE ANIMAL WELFARE ACT OF 1998"
(RA 8485 as amended by RA 10631)

ANIMAL CRUEL IS STILL RAMPANT IN OUR COUNTRY

On March 2012, the Philippine Animal Welfare Society (PAWS) received a call from
Criminal Investigation and Detection Group (CIDG) regarding “dogfights” in Laguna. And upon
arriving at the site early the next morning, PAWS officers very quickly realized the staggering
amount of work ahead. There were 266 dogs chained to the ground, near drums scattered in the
open field; metal cans that could be barely called a shelter from the heat and rain. Many of the
dogs were severely injured, extremely dehydrated, and were visibly suffering so it was medically
and humanely necessary to put these critically-ill and suffering dogs to sleep. Imagine how cruel
mankind has become to the other species. Yes, we are on top of the food chain, but we should
never kill other species for our own pleasures.

PAWS executive director Anna Cabrera told the reporters at the House of Representatives
that her organization receives daily an average of 40 calls on cases of animal abuse. Wacku, a dog
who lost its upper snout to a drunken man’s ‘bolo’, was presented to the House committee on
revision of rules as an example of grave cases of humans’ cruelty to animals. “Humans go
confident (when abusing animals) because there are no consequences. Bihira ang nakukulong kahit
marami nang kaso (of animal cruelty),” she said.

In fact, during last year’s Metro Manila Film Festival (MMFF 2016), one of the films
named “Oro” was criticized even if they won Best Ensemble Cast and Best Actress for Adlawan.
According to the PAWS, there was a dog slaughter scene in the film. After investigating the issue
then, PAWS said that the people behind the filmmakers violated sections 6 and 9 of the Animal
Welfare Act of 1998 (Republic Act No. 8485). When the issue was raised, director Alvin Yapan
and actress Irma Adlawan said that none of the cast members or production staff killed the dog. The
consumption of dogs is part of the culture of area where they filmed, they said, and the dog was to
be “butchered for a wake.” Because of the controversy, Yapan and the film's producers were
suspended from joining the Metro Manila Film Festival (MMFF) for a year. Oro was also stripped
of the MMFF Fernando Poe Jr Memorial Award. Section 9 of RA 8485 outlines the penalties to
be given when a person is found guilty of animal cruelty: "Any person who subjects any animal to
cruelty, maltreatment or neglect shall, upon conviction by final judgment, be punished by
imprisonment and/or fine." But to their dismay, the case filed by them against the movie director
of “Oro” was dismissed by the Assistant Prosecutor of Pasig City. On their official Facebook page,
PAWS said that the dismissal of their complaint was a "sad day for animal welfare."

Abandonment of pets are also happening in our country. Many dogs and cats are found
along the streets, roaming around, eating some pile of garbage, and because of the neglect of their
owners to find them, it sometimes unfortunately results to their death due to starvation,
malnutrition, sickness and being hit and run by cars along the busy roads. But to my dismay, I
have never heard of someone being actually put behind bars for violation of this law. I cannot
understand how our law enforcement agencies has time and time again let animal cruelty in our
country occur. Animals deserved to be respected and treated humanely.
 ZOO: HOME OR JAIL FOR THE ANIMALS?

Zoos, specifically in the Philippines, are not really that helpful anymore both as to the
animals captured, and the people who visits zoos. It is because animals kept in the zoos are mostly
wild animals. They should have a place that are fit according to their habitat, and according to their
diet. In fact, in Manila Zoo, a female elephant named “Mali” which was donated by Sri Lankan
government many years ago has spent all her life behind bars in a small pen, though she also has
about 1,000 square meters, or nearly 11,000 square feet, of open-air, concrete-floored enclosures
that contain sand and water. People for Ethnical Treatment of Animals (PETA) opened a campaign
to have her released from the zoo and sent to an elephant sanctuary in northern Thailand. The effort
has included bikini-clad protesters and attracted support from international notables. The zoo
opposes the transfer of Mali to an elephant sanctuary because of her advanced age and fears that
she would not survive the sedation and stress associated with transporting her to Thailand. It is
also not clear that she would be able to assimilate with other elephants once she arrived, Dr.
Manalastas said.

Animals at the Manila Zoo are housed in small barren cages that can’t compare to their
natural habitats. Many exhibit neurotic behavior, such as constantly pacing, swaying their heads,
and walking in small circles. Because of the lack of funding and resources, the zoo’s infrastructure
has deteriorated and conditions for animals have grown steadily worse. PETA said the zoo should
not celebrate its 54 years of existence because this would only mean that it has been imprisoning
animals in cages for a very long time. he zoo has been imprisoning animals in cages and pens “that
are a tiny fraction of the size of the animals’ habitats in nature. Denied everything that is natural
and important to them, animals at the zoo suffer physically and mentally from constant
confinement, spending their days exhibiting neurotic repetitive behavior, such as biting the bars of
their cages, pacing, and circling.”

FISHING IN THE PHILIPPINES

Philippines is blessed because of its rich supply of natural resources available. In fact,
fishing has become one of the most important livelihood for the people. But some fishermen in
our country, has always time and time again abused their right to fish and abused their freedom to
exhaust every natural resources in our country. They use dynamites, and other harmful weapons
in order to fish. Which leaves their natural habitat destroyed due to the explosion caused by the
dynamites of the fishermen. According to Section 7 of the RA 8485, “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.”

The continuous use of explosives in our country is getting worse. Even if the issue is
addressed by our local governments, the problem lies with the people themselves. Their lack of
discipline to follow the rules and regulations set by laws were always ignored. Fortunately, some
of the violators were apprehended by the police on March this year. About ten (10) suspected
illegal fishers in the territorial sea waters of Agdangan and Unisan towns off Tayabas Bay were
caught using explosives. A member of the police sea patrol, Danilo Larita Jr., a fish examiner of
the Bureau of Fishery and Aquatic Resources, checked out the catch of the suspects and found out
that more than two kilos of the assorted fish were caught with the use of explosives.

THE PROBLEM IS IMPLEMENTATION AND DISCIPLINE

In light of this events, I can say that RA 8485 has not been given importance in our country.
There is much more room for implementation regarding this law. Animals are not made to be
slaughtered by mankind. They are made by our creator to live freely and enjoy their own lives.
Personally, I am against the making of wild or exotic animals as pets in our country. In fact, in
Tiendesitas Pasig, there is a variety of exotic animals being displayed and even caged into a small
containers waiting for their future “owners” to buy them. Wild and exotic animals such as snakes,
scoprpions, tarantulas, etc. are never meant to become someone’s pet but rather they deserve to
live in the wild, experience the best out of their lives.

What can I do to help address the problems? In my own little way, I suggest that our local
governments should cease from building zoos and instead focus on making a sanctuary. Animal
rights advocates oppose keeping animals in zoos, but support sanctuaries. They oppose keeping
animals in zoos because imprisoning the animals for our entertainment violates their right to live
free of human exploitation. Even if the animals are of an endangered species, keeping them in a
zoo for the sake of the species violates their rights because the good of the species cannot be put
above the rights of the individual. Both zoos and sanctuaries confine wild animals in pens, tanks,
and cages. Many are operated by non-profit organizations, display animals to the public and
educate the public about animals. Some charge admission or request a donation from visitors.

Why sanctuaries instead of zoos if they are similar with each other? The main difference
between zoos and sanctuaries is how they acquire their animals. A zoo might buy, sell, breed, or
trade animals, or even capture animals from the wild. The rights of the individual are not
considered. Animals are often overbred because zookeepers like having a constant supply of baby
animals to attract the public. Zoo patrons expect to see lively, active animals, not old, tired animals.
But the overbreeding leads to overcrowding. Excess animals are sold to other zoos, circuses, or
even canned hunting. In short, the animals are acquired to satisfy the interests of the zoo. While a
sanctuary does not breed, buy, sell or trade animals. A sanctuary also does not capture animals
from the wild but acquires only animals who can no longer survive in the wild. These might
include injured wildlife, confiscated illegal exotic pets, exotic pets who are surrendered by their
owners, and animals from zoos, circuses, breeders, and laboratories that close down. While a zoo
may argue that they serve an educational purpose, this argument does not justify the imprisonment
of the individual animals. They may also argue that spending time with the animals inspires people
to protect them, but their idea of protecting the animals consists of taking them out of the wild to
confine them in cages and pens. Furthermore, animal advocates would argue that the main lesson
taught by the zoo is that we have the right to imprison animals for humans to gawk at. Zoo's love
to use the old, tired argument that when children see an animal, they will have an affinity for it and
want to protect it. Therefore, sanctuaries’ purposes are both beneficial to the interest of both the
animals and mankind.
 I also suggest that there should be “watchers” for 24/7 along the coastal areas aside from
the Philippine Coast Guards. There should be a lighthouse which should not only serve as a
navigational aid for maritime pilots at sea or on inland waterways, but also to serve as a watch
tower for the possibilities of illegal fishing along the Philippine waters. This will help the PCG in
apprehending the illicit activities of the people. There should also be campaigns or seminars to
raise the awareness of the people regarding the effects of dynamite fishing in our country, which
is not only detrimental to the fish itself, but also to their natural habitat which the law also seeks
to prohibit: the destruction of the wild animals’ habitat.

Authorities should be firm resolve in order for the laws to be implemented. As the legal
maxim goes “dura lex sed lex” which means that the law is hars but it is the law. Nobody should
be exempted. Nobody should be given preference. And nobody should be given a chance to
perpetrate the law. Even if put into movies or films, the authorities should have no pity towards
the film crew or director. The strong will to impose punishment and penalties will be enough for
me in order for the people to become disciplined and hence will follow the rules and regulations
prescribed by law.

“We have enslaved the rest of the animal creation, and have treated our distant cousins in
fur and feathers so badly that beyond doubt, if they were able to formulate a religion, they would
depict the Devil in human form.” ~William Ralph Inge, Outspoken Essays, 1922
Sources:

 Prosecutor dismisses PAWS' dog slaughter complaint vs "Oro"

Rappler (April 7,2017)

 PAWS Statement on the Laguna Pitbulls

PAWS (April 7,2012)

 A very Big issue at Manila's Zoo

The New York Times (October 15,2012)

 10 more reasons the manila zoo should close

Peta Asia (July 15,2011)

 Paws gets about 40 reports of animal abuse daily

Inquirer (November 21,2012)

 10 illegal fishers nabbed in Tayabas Bay

Inquirer (March 23,2017)

 What's the Difference Between a Zoo and a Sanctuary?

Doris Lin via Though.co (June 10,2017)