Nelson Morales

PAWS flags proposed House amendments to Animal Welfare Act

Article (news)

Paige Javier

ABS-CBN News

MANILA – The Philippine Animal Welfare Society (PAWS) said on Tuesday it is against the proposed amendments of the House of Representatives to Republic Act No. 84845 Animal Welfare Act.In the House Committee on Agriculture and Food, PAWS Executive Director Atty. Anna Cabrera cited its similarities to Senate Bill No. 2975 or the Revised Animal Welfare Act passed on third reading on Monday.  &quot;While there is a lot of animal cruelty online and people are saying the law is not working, we beg to disagree. The law is actually working. There is no need to reinvent the wheel, we just really have to put the information out there,&quot; she said.&quot;PAWS here has concerns of the proposed revision or repeal of the Animal Welfare Act. We actually are vigorously opposing or rejecting Senate Bill 2975, mirrored also in the House bills in the House of Representatives today in its original form,&quot; Cabrera added.She said the definition of animals in the proposed House bills may exclude wildlife.&quot;Primarily because of a faulty definition, a redefinition of animals. The proposed bill redefines animals to include only domesticated, vertebrate and invertebrate species. This narrow definition excludes wild animals and domesticated mammalian species, stripping them of legal protection,&quot; Cabrera said. &quot;Under this proposed law, acts of cruelty against wildlife may no longer be punishable or considered cruelty... The existing Animal Welfare Act already extends protection to all animals,&quot; she explained.Cabrera flagged a change in the provision on animal fighting and the possible inclusion of carabao fighting.  &quot;The proposed bill redefines a prohibition on animal fighting by inserting the phrase not authorized or regulated by law. Currently animal fighting that is outlawed by the Animal Welfare Act is dog fighting and horse fighting,&quot; she said.&quot;Animal fighting could be made legal or allowed through local ordinances as long as it is regulated,&quot; Cabrera said.When asked about cockfighting, she said they would have want it included in the law.&quot;We were advised by the chief of staff that we cannot include cockfighting in the Animal Welfare Act or else we will never get it passed way back in 1998 or 2013 because majority of our lawmakers are involved in cockfights,&quot; Cabrera said.&quot;We would have push for cockfight if it did not mean we have animal welfare law and if we have stubbornly insisted... it was up to the legislators at that time who didn&#x27;t want their business of cockfighting touched. But if it were up to us, we would include cockfighting,&quot; she added.Cabrera said the Senate version of the bill would also create a loophole in prohibition on dog meat trade.  She also expressed concern over the existing 26 administrative orders on animal cruelty that may be affected if the current law will be repealed.&quot;We must tread very carefully, we must not do away with the gains for other animals... This bill has been passed off as an amendment or revision, but it is clearly an outright repeal. In its current form, we are vigorously opposing a repeal. We are open to amendments or anything that will improve the law,&quot; she said.Earth Island Institute Regional Director Trixie Concepcion echoed Cabrera&#x27;s sentiments on the definition of animals in the proposed amendments.&quot;Ito yung crux namin sa current bill, yung word na domesticated. Paano po yung wild animals? Are wild animals entitled to welfare, animal welfare? Sa tingin namin opo,&quot; Concepcion said.&quot;The definition is questionable kasi paano ngayon yung mga facilities na may wild animals? They&#x27;re not domesticated,&quot; she added.Concepcion urged lawmakers to keep the current definition of animals.  &quot;Kami po ang recommendation namin retain po and further amend RA 8485 as amended by RA 10631. Restore the inclusive definition of animals from RA 10631 to cover all animals. At more consultations with stakeholders on the issue,&quot; she said.Concepcion also urged lawmakers to craft policies for zoos, as the country has over 200 wild animal facilities, both public and private.&quot;Hindi po actually maliwanag o wala tayong national zoo policy for our wild animals. The current law ay medyo leaning so much sa companion animals, pero yung mga captive wild animals hindi nabibigyan ng pansin,&quot; she said.&quot;Wala po tayong polisiya kung pano i-proprocure ang animals, paano sila i-ttransport, ano po yung kanilang tamang regulation ng enclosures, wala po tayong ganun,&quot; Concepcion said.Animal Kingdom Foundation Program Director Atty. Heidi Caguioa meantime backed the measure, saying it marks key improvements.&quot;We welcome the improvements proposed to strengthen the current law, bearing in mind the known weaknesses of the current legislation or law in terms of full implementation. The proposed bill is expansive enough to cover policy, supervision, implementation, prohibited acts and emergency response,&quot; she said. Caguioa also cited Supreme Court jurisprudence allaying concerns over the possible effect of repealing the current law.<div>INCREASE IN ANIMAL CRUELTY PENALTIES</div>PAWS seeks the restructure of the penalty system and to have specific penalties for heinous torture of animals as part of the amendments.  Currently, violators of the law may face imprisonment of six months to one year or one year to six months, including fines ranging from P30,000 to P100,000.  The National Bureau of Investigation (NBI) backed the measure, while seeking higher penalties for animal cruelty perpetrators.&quot;We strongly support the amendment of the law. But as a law enforcement agency, our only concern is the penalty because of our predicament in preparing the document for inquest proceedings. The penalty is very low so we have only 12 hours. If the penalty will be increased at least six years or more than so we have 18 hours of preparing the documents,&quot; Atty. Marvin Matamis of the NBI said.&quot;Some violators are posting their cruelty of animals in the internet. In preparation of inquest documents, we need higher penalty for the increase in time,&quot; he added.<div>ANIMAL WELFARE BUREAU CREATION</div>The proposed House bills include the creation of an animal welfare bureau, separate from the Bureau of Animal Industry.Reynaldo Moreno of the Department of Budget and Management said they are concerned over this proposal.&quot;Ang aming initial stand o comment sa creation of another bureau. Minumungkahi namin, instead po mag-create ng panibagong bureau i-strengthen or i-expand yung functions at mandate ng kasalukuyang Bureau of Animal Industry. Kung kinakailangan magdagdag ng tao,&quot; Moreno said.&quot;Sa establishment ng animal welfare fund and appropriations, we emphasize the stance of economic managers kung saan dinidiscourage yung creation ng another trust fund and earmarking po,&quot; he added.Moreno also recommended the sharing between the national and local governments in the funding.&quot;Napakalaki po papel ng LGU sa implementasyon ng panukalang batas. Hindi ito kakayanin ng pambansang ahensya o funding mula national government para masiguro yung epektibo na ma-implement ito hanggang sa ground,&quot; he said.Marikina Rep. Stella Quimbo disagreed, saying the animal welfare bureau must be separate from the BAI.  &quot;I feel like Bureau of Animal Welfare has to be a separate unit, it has to be separate from the Bureau of Animal Industry. Feeling ko magkaiba yung responsibilities nila eh, very distinct yung mandate nila,&quot; she said.&quot;Yung isa nagpaparami ng hayop, for purposes of ensuring na marami tayong makain. Yung isa naman making sure na safe tayo, safe yung mga hayop,&quot; Quimbo explained.BAI Officer-in-Charge Christian Daquigan said they have 600 plantilla positions, over 2,000 including the job orders. However, he admitted they only have 10 personnel dedicated for animal welfare nationwide within BAI.&quot;Yung sa mga regional tina-tap namin yung mga nasa regional field office namin. (Sa regional field offices required ba sila maglagay ng tao sa animal welfare?) Hindi po. Humihingi kami ng tulong. More on deputized po sila,&quot; Daquigan said.The Department of Agriculture (DA) and the Department of Transportation (DOTr) expressed support for the proposed amendments to the law.  The DOTr said it is ready to implement amendments and integrate animal welfare in transport regulations.  The National Meat Inspection Service (NMIS) also backed the amendments, while suggesting the inclusion of animal welfare implementation in slaughter houses and plants, citing existing issuances in the NMIS.House Committee on Agriculture and Food Chairperson Rep. Mark Enverga said they will hear all stakeholders and review their position papers.&quot;We may consider on the House version that rather than repealing the law, we could be amendatory. Yun naman ay mapag-uusapan in the end during the bicam process. Kung sakali naman ganito yung pag-usapan, we have to take into consideration some of the dangers raised by PAWS earlier that it may weaken or dismiss the cases currently filed,&quot; he said in a chance interview.Enverga admits they may not have enough time to pass the measure in the 19th Congress, but he said they will push for this in the next Congress.&quot;Regardless kung ano man ang mangyari ngayon, napakalaking pagpapabilis yung nangyari sa araw na ito. Yung position paper nasa amin na. Sa susunod na kongreso, kung sino man ang magiging chairman, malaki na yung agwat sa deliberation,&quot; he said.&quot;I would be very much interested sa magiging submissiong ng lahat ng stakeholders natin ngayon for us to be able to file a version that&#x27;s acceptable to everyone,&quot; Enverga added.

The Philippine Animal Welfare Society Executive Director Atty. Anna Cabrera said the definition of animals in the proposed House bills may exclude wildlife.

The Philippine Animal Welfare Society Executive Director Atty. Anna Cabrera said the definition of animals in the proposed House bills may exclude wildlife.