Supreme Court E-Library
Information At Your Fingertips

  View printer friendly version

Pursuant to Section 1, 2, 3, 6, and 7 of Republic Act No. 8485, otherwise known as the “Animal Welfare Act of 1998”, the following requirements for the registration of Animal Control Facility, Aviary, Catery, Circus/Carnival Animal Show, Coral Crocodile Farm, Hog Farm, Kennel, Laboratory Animal Facility, Monkey Farm, Pet Shop, Poultry Farm, Racetrack and Equestrian Establishment, Slaughterhouse, Stock Farm, Stockyard, Stud Farm Veterinary Hospital, Wildlife Rescue Center and Zoo are hereby promulgated for the information, guidance and compliance of all concerned.

SECTION 1.      Definition of Terms . — For the purposes of these rules and regulations, the following definitions are adopted:

1.1       Animal Control Facility refers to a facility that accepts and/or seizes animals for the purpose of caring for them, placing them through adoption, or carrying out law enforcement, whether or not the facility is operated for profit. This includes facilities such as, but not limited to, pounds, shelters, animal rescue centers, airport and seaport animal quarantine, and animal holding facilities. In reply to: transportation depots and stations.

1.2       Animal Welfare refers to the health and safety of the animals.

1.3       Aviary refers to any structure, building, land or premises housing or intended to house birds in which the temperature cannot be controlled within set limits.

1.4       Cattery refers to any facility, land premises, shed, barn, building, trailer or other structure or area housing or intended to house domestic felines. This includes any or all of the following:

a.      Primary Enclosure refers to any structure or device used to restrict an animal or animals to a limited amount of space, such as room, pen, run, cage, compartments, hutch, or tether. In case of animals trained by a tether (e.g. cats in chains), it includes the shelter and the area within reach by a tether.

b.      Indoor Housing Facility refers to any structure or building with environmental controlled housing or intended to house animals and meeting the following requirements:

(1)        It must be capable of controlling the temperature in the building or structure within the limits set forth of that species of animal, of maintaining humidity levels set forth by the Animal Welfare Committee and of rapidly eliminating odors formed within the building;

(2)        It must be an enclosure created by the continuous connection of roof, floor, and walls, (a shed or barn set on top of the grounds does not have a continuous connection between the walls and the ground unless a foundation and floor are provided); and

(3)        It must at least have one door for entry and exit that can be opened and closed and windows or openings with a transparent material such as glass or hard plastic.

c.       Outdoor Housing Facility refers to any structure, building, land, or premises, housing or intended to house felines, in which temperature cannot be controlled within set limits.

d.      Sheltered Housing Facility refers to a housing facility, which provides the animals with shelter, protection from the elements, and protection from temperature extremes at all times. A sheltered housing facility may consist of runs or pens totally enclosed in a barn or building, or of connecting inside/outside runs or pens in a totally enclosed building.

1.5       Circus/Carnival Animal Show refers to a temporary establishment and/or temporary activities wherein animals are kept and exhibited to perform certain behaviors as desired by human handlers and trainers for the entertainment and education of the public.

1.6       Corral refers to an enclosure for holding or capturing animals, such as, but not limited to, holding corral, paddock stables, stockyards and chutes.

1.7       Crocodile Farms refers to any structure, building, land or premises housing or intended to house crocodiles in which the temperature cannot be controlled within set limits.

1.8       Hog Farm refers to any structure, building, land or premises housing or intended to house hogs in which the temperature cannot be controlled within set limits.

1.9       Kennel refers to any facility, land premises, shed, barn, building, trailer, or other structure or area housing or intended to house domestic canines. This includes any or all of the following:

a.      Primary Enclosure refers to any structure or device used to restrict an animal or animals to a limited amount of space, such as room, pen, run, cage, compartments, hutch, or tether. In case of animals trained by a tether (e.g. dogs in chains), it includes the shelter and the area within reach by a tether.

b.      Indoor Housing Facility refers to any structure or building with environmental controlled housing or intended to house animals and meeting the following requirements:

(1)        It must be capable of controlling the temperature in the building or structure within the limits set forth of that species of animal, of maintaining humidity levels set forth by the Animal Welfare Committee and of rapidly eliminating odors formed within the building;

(2)        It must be an enclosure created by the continuous connection of roof, floor, and walls, (a shed or barn set on top of the grounds does not have a continuous connection between the walls and the ground unless a foundation and floor are provided); and

(3)        It must at least have one door for entry and exit that can be opened and closed and windows or openings with a transparent material such as glass or hard plastic.

c)      Outdoor Housing Facility refers to any structure, building, land, or premises, housing or intended to house felines, in which temperature cannot be controlled within set limits.

d)      Sheltered Housing Facility refers to a housing facility, which provides the animals with shelter, protection from the elements, and protection from temperature extremes at all times. A sheltered housing facility may consist of runs or pens totally enclosed in a barn or building, or of connecting inside/outside runs or pens in a totally enclosed building.

1.10    Laboratory Animal Facility refers to any structure, building, land or premises housing or intended to house laboratory animals in which the temperature cannot be controlled within set limits.

1.11    Licensed Veterinarian refers to a person who graduated from an accredited Veterinary School with a degree of Doctor of Veterinary Medicine and duly registered at the Professional Regulation Commission.

1.12    Livestock refers to documented or otherwise, domesticated, captive-bred animals intended for breeding or fattening purposes. Livestock includes, among others, horses, cattle, carabao, deer, sheep, goat, swine and crocodile acquired locally or through importation under the existing government rules and regulations.

1.13    Monkey Farm refers to any structure, building, land or premises housing or intended to house monkeys in which the temperature cannot be controlled within set limits.

1.14    Mobile Veterinary Clinic refers to an ambulant clinic for small animal patient that are not confined.

a)      The facilities and equipment of a mobile veterinary clinic must meet the minimum requirements of a non-surgical veterinary clinic.

b)      Veterinary Clinic must not perform any surgical procedures. However, such procedures as castration and suturing minor cuts and laceration may be allowed.

c)      Veterinary medical cases must only be handled/treated by a duly licensed veterinarian.

1.15    Pet Animals refer to documented or otherwise, or domestic animals intended for companionship, therapy, seeing and hearing guides, recreation and values formation, and breeding such as, but not limited to, dogs, cats, fishes, rabbit, rodents, reptiles, birds (pigeons, parrots, love birds, finches) that are either properly acquired locally or through importation under existing government rules and regulations.

1.16    Pet Shop refers to an establishment that offers for sale, either wholesale or retail, various pet animals.

1.17    Poultry refers to documented or otherwise, domesticated, captive winged birds intended for breeding or fattening purposes. The term “poultry” shall include farmed domesticated chicken, turkey, geese, duck, pigeon, guinea fowl/bengala, ostrich, and quail that are either acquired locally or through importation under existing government rules and regulations.

1.18    Poultry Farm refers to any structure, building, land or premises, housing or intended to house poultry in which the temperature cannot be controlled within set limits.

1.19    Racetracks and Equestrian Establishment refers to any structure, building, land or premises where horses are kept or housed for purposes of racing or equestrian or polo activities.

1.20    Registration refers to the process of approval for the establishment, maintenance and operation of any animal control facility, aviary, cattery, circus/carnival animal show, corral, crocodile farm, kennel, laboratory animal facility, monkey farm, pet shop, poultry farm, racetrack and equestrian establishment, slaughterhouse, stock farm, stockyard, stud farm, veterinary clinic, veterinary hospital, wildlife rescue center and zoo, for breeding/treatment/sale/trading/training or transport of animals which is secured from the Bureau of Animal Industry.

1.21    Slaughterhouse/Abattoir/Poultry Dressing Plant refers to an establishment either private or government owned/operated/managed in which animals, such as, but not limited to, cattle, carabao, hogs, horses, goat and poultry are slaughtered and dressed for human consumption. This includes, among others, game animals and game birds.

1.22    Stock Farm refers to a breeding center or station capable of accommodating domestic animals, such as, but not limited to, carabao, cattle, horses, deer, sheep, goat, ostrich and swine for production or breeding purposes.

1.23    Stockyard refers to a yard for livestock especially an enclosure, usually with pens and other fixtures and equipment in which cattle, hogs, goats, horses, deer, sheep, goats, ostrich, and swine are kept temporarily before slaughter or market.

1.24    Stud Farm refers to any structure, building, land or premises, housing or intended to house horses in which the temperature cannot be controlled within set limits.

1.25    Treatment refers to the management and case of sick animals with existing disorders by administering the proper medicine.

1.26    Veterinary Clinic refers to an establishment where veterinary medical cases are managed and handled by a duly licensed veterinarian with facilities for diagnosis and treatment of animal patient.

There shall be three types of veterinary clinics:

a)      Non-surgical Veterinary Clinic refers to veterinary clinic intended for the diagnosis and treatment of animal patient only. Clinical cases must only be treated/managed/handled by a duly licensed veterinarian.

b)      Surgical Veterinary Clinic refers to a veterinary clinic intended for the diagnosis, treatment and surgery of animal patient.

c)      Mobile Veterinary Clinic

1.27    Veterinary Hospital refers to an establishment with complete facilities for the diagnosis, treatment and surgical operation of animal patient.

a)      Veterinary hospital cases must be managed/handled/treated by a duly licensed veterinarian.

b)      Veterinary hospitals must have more facilities and equipment than the Veterinary Clinic and employs a Medical Technologist or equipment.

1.28    Veterinary Practitioner refers to one who practices veterinary medicine and is duly licensed by the Professional Regulation Commission.

1.29    Wildlife Rescue Center refers to an establishment where sick, injured, confiscated wildlife are temporarily kept and rehabilitated prior to their release to their natural habitat based on the disposition of the government.

1.30    Zoo refers to an establishment either private or government owned/operated/managed where a collection of animals is maintained for recreational, educational, research and scientific purposes.

SECTION 2.      Registration

2.1       Any person or partnership, firm, cooperative, corporation, association, or any government agency/instrumentality desiring to engage in the establishment, operation and maintenance of animal control facility, aviary, cattery, circus/carnival animal show, corral, crocodile farm, hog farm, kennel, laboratory animal facility, monkey farm, pet shop, poultry farm, racetrack and equestrian establishment, slaughterhouse, stock farm, stock yard, stud farm, veterinary clinic, veterinary hospital, wildlife rescue center and zoo shall first be registered in the Office of the Director, Bureau of Animal Industry (BAI).

2.2       Any person, partnership, cooperative, firm or corporation, government agency/instrumentality or his accredited agent shall make application for registration or annual renewal in such form and manner as maybe prescribed from time to time by regulations.

2.3       A registration fee paid in accordance with the Scheduled Fees found in Section 7 of this Administrative Order shall accompany an application for registration.

2.4       The Director may suspend, subject to the rules and regulations promulgated for the implementation of the Animal Welfare Act, the registration of any establishment which is found after proper investigation to be not in conformity with the provision of this Act. Once suspended, the Committee on Animal Welfare shall conduct a formal investigation. The action of the Director of Animal Industry maybe appealed to the Secretary of Agriculture.

SECTION 3.      Standard and Requirement for Registration

3.1       General Requirements

3.1.1 Application containing standard petition form containing among others the name, age, citizenship, and a passport size picture of the petitioner and other pertinent circumstances pertaining to the establishment including the place where it is to be established.

3.1.2 Proof of registration/creation (for government instrumentalities) as an establishment, i.e.:

(a)        For single proprietorship: an authenticated photocopy of the Certificate of Business Name Registration issued by the Bureau of Domestic Trade (BDT) of the Department of Trade and Industry (DTI).

(b)        For partnership, corporation and other juridical person’s authenticated photocopies of the Certificate of Registration issued by the Securities and Exchange Commission (SEC) and the Articles of Incorporation or Partnership.

(c)        For cooperative, Certificate of Registration from the Cooperative Development Authority (CDA).

3.1.3 A valid Mayor’s Permit for the current year.

3.1.4 A valid Certificate of Registration of the establishment’s Filipino Veterinarian issued by the Professional Regulation Commission (PRC) and valid Professional Tax Receipt.

3.1.5 A Certificate of Attendance of the owner/manager and the veterinarian to BAI sponsored/accredited seminar on Animal Welfare.

3.1.6 An Affidavit of Undertaking providing that the applicant shall:

(a)        Change the establishment’s name if there is already a validly registered name similar to it;

(b)        Display the duly approved Registration Certificate in a conspicuous place within the establishment;

(c)        Notify the Bureau of Animal Industry in case of any change in the circumstances described in the application, among others, change of location, or change of veterinarian.

3.1.7 An authenticated photocopy of contract of lease for the space to be occupied if the applicant does not own it.

3.1.8 Environmental Clearance Certificate from the Department of Environment and Natural Resources (DENR).

3.1.9 Facility specifications:

3.1.9.1 Sufficiency of space and size to meet the needs of free movement and exercise of the animals.

3.1.9.2 Housing should be made of suitable material like wood, fiberglass, stainless steel or plastic.

3.1.9.3 Protection of the animals from exposure to the elements and adverse climatic conditions.

3.1.9.4 Provision for containment, security and safety from any harm or injury.

3.1.9.5 Provision of structural design that will ensure easy removal of the animals especially during emergencies.

3.1.9.6 Adequacy of ventilation, light and water supply and drainage and waste disposal system.

3.1.9.7 Provision for an effective recording system including identification technique for each animal.

3.1.9.8 Maintenance of cleanliness, sanitation, and pathogen and pest control.

3.1.9.9 Accessibility to national, provincial, barangay or private road all throughout the year.

3.1.9.10           Adequacy of quarantine facilities to segregate newly arrived or sick animals.

3.1.9.11           Provision for the functional hospital or clinic facilities for treating wounded or injured animals as well as for diagnostic and laboratory procedures.

3.2       Specific Requirements. An entity for registration shall be required to demonstrate its capacity to perform adequately in such manner that meets the objectives of animal welfare. It shall be required to conform to the following relevant standards and requirements specific of each category, in addition to the above general requirements.

3.2.1 Cattery/Kennels/Laboratory Animal Facilities/Pet Shops

3.2.1.1 Handouts on care of the animals must accompany every sale of every animal

3.2.2 Veterinary Clinic/Veterinary Hospital

3.2.2.1 It must have a duly licensed veterinarian who shall manage/handle/treat the veterinary medical cases.

3.2.2.2 It must have functional and adequate facilities for treating wounded/injured and/or diagnosing sick animals.

3.2.2.3 It must have laboratory equipment or access to a laboratory facility to aid in diagnosing animal diseases.

3.2.2.4 It must comply with the minimum requirement for Veterinary Clinic and Veterinary Hospital.

3.2.3 Aviary/Corral/Crocodile Farm/Hog Farm/Monkey Farm/Poultry Farm/Race Track and Equestrian Establishment/Stock Farm/Stockyard/Stud Farm

3.2.3.1 It must be managed by a number of qualified staff knowledgeable in animal production who are able to provide management procedure and treatment and undertake behavioral observation in animal ensuring that no pain and or suffering is experienced by the animals while confined in such establishment or facility.

3.2.3.2 It must be situated in an area that conforms to Zoning Regulations.

3.2.3.3 It must have enough area for physical structures, farm roads and for future expansion.

3.2.3.4 It must be situated in an area that is well drained, level or moderately sloping and not inundated at anytime of the year.

3.2.4 Circus/Carnival Animal Show

3.2.4.1 Animals should be tamed and/or behaviorally modified or trained to perform certain behaviors on cue or command but should not cause injury or cause suffering to the animals.

3.2.4.2 Display enclosures should have access to sunlight.

3.2.4.3 The enclosure of potentially dangerous animals should be locked at all times.

3.2.4.4 Double doors should be provided for the enclosures of non-domestic circus/show animals.

3.2.4.5 Display housing should provide for easy cleaning and washing of dirt, waste, and leftover food away from the cage floor. Otherwise, a good quality, absorbent substrate must be used for the floor, and replaced regularly.

3.2.4.6 The display/exhibit area should be provided with an access for the animal to retreat away from public view.

3.2.4.7 Safety barriers and safety warning signs for the public must be installed for potentially dangerous circus/show animals on exhibit/shows.

3.2.4.8 Resting/Sleeping areas should be dry and provided with appropriate bedding for the species.

3.2.4.9 Sleeping and feeding areas should be located away from the portion of the cages where the animal usually defecates, otherwise, the food containers and bedding areas must be raised above the cage floor. In case of birds, water and food containers must not be placed under perches.

3.2.4.10           Holding pens must be located in places where there is minimum disturbance from human activities.

3.2.4.11           Must have adequate facilities primarily suitable for the needs and requirements of the animals, including the working technical staff and the visiting public.

3.2.4.12           Records or documentation of animals showing the source and condition of the animals.

3.2.5 Wildlife Rescue Center/Zoos

3.2.5.1 Must be managed by a number of qualified staff, such as, but not limited to, veterinarian, biologist, animal husbandry expert, zoo keepers/caretakers who are able to provide veterinary medical procedures, treatment, rescue and retrieval operations, and undertake behavioral observation in animal ensuring that no pain and or suffering is experienced by animals while confined in such establishment. The number of personnel will depend on the size of the establishment and population of the animals.

3.2.5.2 Must have adequate facilities primarily suitable for the needs and requirements of the animals, including the working technical staff and the visiting public.

3.2.5.3 Must be designed with environmental enrichment facilities to minimize the risks of development of neurotic behavior in the animals.

3.2.5.4 Must be designed such that the public access is limited, to minimize risk of disease transmissions to and from animals.

3.2.5.5 Must employ a minimum period of stay for every confined animal ensuring that the facility is not used as a lifetime care facility.

3.2.5.6 Must have an Environment Impact Assessment required under Presidential Decree No. 1586.

3.2.5.7 Must be located at least five kilometers from existing farms such as poultry, piggery and livestock farms to prevent risks of disease transmissions.

3.2.6 Animal Control Facility/Slaughterhouse. Must comply with the facility specifications and requirements found in Section 3 of this Order.

3.3       Other Additional Requirements. In addition to the above standards and requirements, the BAI, in the course of evaluating an application may require other additional documentation or evidence to satisfactorily ascertain the capability of the establishment.

SECTION 4.      Renewal of Registration

4.1       The registration shall have the following validities for all categories of establishments:

4.1.1 Initial period (Initial Application) 1 year

Subsequent application (Renewal Application) 3 years

4.2       At least one month prior to the expiration of the registration, the establishment should apply for the renewal of its license.

4.3       In considering the renewal application, BAI shall ascertain the continued compliance by the establishment with the standards and requirements stipulated in Sections 3.1, 3.2, and 3.3.

SECTION 5.      Administrative Sanctions

5.1       Grounds for Revocation/Suspension of Registration

5.1.1 Misrepresentation of any material fact in the application for registration and in any documentation used as basis for issuing the registration.

5.1.2 Failure to take adequate remedial or corrective measures for deficiencies identified in accordance with the requirements of the BAI.

5.1.3 Failure to keep up to date, secure, orderly, and easily inspected records that would indicate continued compliance with standards.

5.2       Re-application After Revocation. No establishment whose registration was revoked may apply within three years after the revocation of its license.

SECTION 6.      Schedule of Fees

Animal Control Facility	–          P100.00
Aviary	–          200.00
Cattery/Kennel/Laboratory Animal Facility/Pet Shop	–          100.00
Circus/Carnival Animal Show	–          500.00
Crocodile Farm	–          500.00
Hog Farm/Poultry Farm	–          200.00
Monkey Farm for Export	–          300.00
Racetrack/Equestrian Establishment	–          300.00
Small Animal Show	–          100.00
Stockfarm/Corral/Stockyard/Stud Farm	–          300.00
Veterinary Hospital/Veterinary Clinic	–          100.00
Wildlife Rescue Center	–          100.00
Zoo	–          500.00

6.1       Upon application for registration the above non-refundable fees shall be charge for each application.

6.2       If an establishment engages in activities belonging to more than one of the above categories, applicant must apply for registration for each of the category to pay the corresponding fees.

6.3       Only upon payment of application fees may the application be processed. A surcharge of 50% (fifty percent) of the above fees shall be imposed on applications for renewal filed after the validity of the registration has lapsed. Any change in the category of the registrant or change of ownership shall require a new application.

SECTION 7.      Penal Provisions . — Any person who violates any of the provisions of this Order shall, upon conviction by final judgment, be punished with imprisonment of not less than six (6) months nor more than two (2) years or a fine of not less than One Thousand Pesos (P1,000.00) nor more than Five Thousand Pesos (P5,000.00) or both at the discretion of the Court. If the violation is committed by an alien, he or she shall be immediately deported after service of sentence without any further proceedings.

SECTION 8.      Separability Clause. — In case any provisions of these rules and regulations is declared contrary to law and or unconstitutional other provisions which are not affected thereby shall continue to be in force and in effect.

SECTION 9.      Repealing Clause. — All Administrative Orders, Rules and Regulations and other administrative issuance or part thereof, inconsistent with the provisions of this Regulation is hereby repealed or modified accordingly.

SECTION 10.    Effectivity . — This Regulation shall take effect fifteen (15) days after its publication in a newspaper of general circulation.

Adopted: 25 Jan. 1999

(SGD.) WILLIAM D. DAR Acting Secretary
Recommending Approval (Committee On Animal Welfare):
(SGD.) ENRIQUE T. CARLOS (PVMA) Chairman
(SGD.) NITA HONTIVEROS-LICHAUCO (PAWS) Vice-Chairman	(SGD.) GIOVANNI A. PASAMBA (OIC-BAI) Vice-Chairman
Members:
(SGD.) EDGARDO C. DIMALANTA National Meat Inspection Commission	(SGD.) FIDEL F. MALBAS Agricultural Training Institute
(SGD.) ABELARDO B. AGULTO Philippine College of Canine Practitioners	(SGD.) CONRADO FRANCISCO Philippines Society for the Prevention of Cruelty to Animals
(SGD.) ARWINIE SERRANO  Veterinary Practitioners Association	(SGD.) JOSE VALENZUELA  Philippine Society of Animal Science
(SGD.) MENANDRO VALERIO  Philippine Animal Hospitals Association	(SGD.) ADOLFO R. ACORDA Philippine College of Swine Practitioners