Animal Abuse Ra
A Study on the Degree of Implementation of Republic Act 8485 (as amended by RA 10631): Animal Welfare Act in the Cities of Bacolod, Talisay, and Silay
The Animal Welfare Act was enacted to protect and promote the welfare of all animals in the Philippines as intended by Congress. It focuses on the physical and psychological well-being of animals which 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 behaviour.
This study aims to assess the implementation of RA 8485 (as amended by RA 10 or the Animal Welfare Act of 1998, determine the number of cases filed and given merit invoking the aforementioned act, and evaluate the practices in the cities of Bacolod, Talisay, and Silay in conformance with the statute. The researchers will send out online questionnaires to collect relevant information. Additionally, the researchers will reach out to animal welfare organizations, proper authorities and government agencies to collect statistics on the topic. Furthermore, this study will increase awareness and importance to not only pet-owners but also animal welfare advocates, the local government units, and relevant government agencies on their role in upholding the general welfare of all animals.
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Most people treat animals as a pet or a companion. Some used them as a mode of transportation or as a source of food. Others collect animals for display and leisure. All of the above-mentioned actions form part of animal welfare. 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 behaviour. (Sec. 1, R.A. 10631)
Since animals do not have a mind of a natural person, they behave differently according to their nature. Some of the animals live in the wild, some are bred in captivity, and others were raised in a family home. While animals don’t have the same thinking compared to humans, people still need to treat them with respect.
Under the R.A. No. 10631 (Animal Welfare Act of 1998), it is unlawful for any person to torture any animal, to neglect to provide adequate care, sustenance or shelter, or maltreat any animal 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. (Sec. 2, R.A. 10631)
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To conclude, animals have rights in their capacity. Whether they have an appealing face, useful in certain kinds of situations, or endangered species, we have to recognise that they also need protection and this is why R.A. No. 8485, as amended by R.A. 10631, was implemented.
The main objective of this study is to determine the degree of implementation of the Animal Welfare Act in the cities of Bacolod, Talisay, and Silay. The study focuses on the following specific objectives:
To meet the objectives of the research, the researchers used an online platform in order to collect data necessary to determine the degree of implementation of Republic Act 8485 (as amended by RA 10631). The researchers created an online questionnaire via Google Forms.
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Most of the questions contained in the questionnaires are closed questions that are answerable by “yes” or “no”. To disseminate the questionnaires, it was sent by the researchers using social media platforms Messenger, Instagram, and Twitter.
The questionnaire was designed in a way that if the next question does not apply to the respondent, they would be directed to the last question that is a linear scale based on their observations. The target population was respondents who live in the cities of Bacolod, Talisay, and Silay. The questions covered in the questionnaire were:
• 50 people responded to the survey and 42 of them are from Bacolod City, 2 are from Silay City and 5 from Talisay City
Philippine Animal Welfare Society
• 41 of the 42 respondents from Bacolod City, one of the 2 respondents from Silay City, and 3 of the 5 respondents from Talisay City are pet owners.
• 7 of the 41 pet owner respondents from Bacolod City, one from Silay City, 2 of the 3 petowner respondents from Talisay City have been Victims of Animal Abuse.
Based on the data gathered only a few of the pet-owner who responded have experienced cases and reported cases of Animal Abuse due to a passable implementation of the provisions of the Animal Welfare Act. However, according to an article published by HumaneSociety.org, the number of cases reported are not even close to the number of cases that actually occur because there are a lot of cases that remain unreported, because unlike cases of violence against people, cases of animal abuse are often not recorded. Most cases of Animal abuse reported, commonly occur on Dogs, Cats and other domesticated animals, and these occurrences are correlated with Domestic Violence noting that the abusers often inflict violence against their pets as well. Although governments have been trying to strictly implement the Animal Welfare Act, most people aren’t aware or do not even realize how serious these cases are, in this research it can be concluded that the Animal Welfare Act is not well implemented because a lot of cases that were reported were not responded to by the Authorities and those that were, settled with an out of court settlement.
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The researchers recommend that the offices that implement animal wellness should further enhance their methods in spreading awareness about the “Animal Welfare Act” in order to educate pet owners of the rights of animals as well as to their pet
The researchers recommend that pet owners should have more courage in reporting to Authorities the cases of abuse against their pets and provide evidence such as video documentation.
This research was conducted by First Year Juris Doctor Students of the University of St. La Salle – Bacolod under the supervision of Atty. Jocelle Batapa-Sigue.
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The researchers would first like to thank God Almighty for giving us the strength in finishing this paper. Indeed, everything is possible through Your never-ending grace.
The researchers would also like to thank our legal research professor, Atty. Jocelle Batapa-Sigue for guiding us throughout this research study and his utmost support.
To the friends, classmates, co-workers who responded to the study and shared the questionnaire for further dissemination, the researchers thank you for participating.
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This thesis paper is dedicated to all those who advocate for animal welfare and are working on ways to protect animal’s rights. May our efforts be compensated in the future. R.A 8485, otherwise known as The Animal Welfare Act of 1999 is an act to promote animal welfare 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, as stated by the Legislation of the Philippines, (2013).
A. Section 6-1 which states 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: number 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. It is not right to kill animals even if it is for religious rituals. As stated by Rodriguez, (2014) in his article 10 Ways Religion And Superstition Have Led To Animal Cruelty, in some cases, religion and superstition have played pivotal roles in leading humanity to cause great harm to helpless creatures both great and small.
B. Section 6-6 where there is permission to kill and harm animals when animal is killed after it has been used in authorized research or experiment. There are already countless campaigns that demand the ban of using animals in research or experiments because this action is deemed unethical.
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C. Section 8 states that any person who violate should 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. This sentence is not that grave for people to be afraid of committing animal cruelty. Due to the low consequences, the crime could be done repeatedly especially by syndicates.
D. There is no such section in the law that states anything about companies that use parts of animals as products (except food). Companies can use this hole in the law as an excuse of killing and using parts of animals in
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