REPUBLIC ACT No. 9482
AN ACT PROVIDING FOR THE CONTROL AND ELIMINATION OF
HUMAN AND ANIMAL RABIES, PRESCRIBING PENALTIES FOR VIOLATION THEREOF AND
APPROPRIATING FUNDS THEREFOR
Be it enacted by the
Senate and the House of Representatives of the Philippines in Congress
assembled:
Section
1
Title
This Act shall be known as
the "Anti–Rabies Act of 2007"
Section
2
Declaration
of Policy
It is the declared policy
of the State to protect and promote the right to health of the people. Towards this
end, a system for the control, prevention of the spread, and eventual
eradication of human and animal Rabies shall be provided and the need for
responsible pet ownership established.
Section
3
Definition
of Terms
For the purpose of this
Act, the following terms shall mean:
(a)
Bitten refers to an act by which a Dog seizes, cuts or grips
with its teeth so that the skin of a person has been wounded, pierced or
scratched.
(b)
Concerned
Officials refers to barangay
officials, health workers, police officers or government veterinarians.
(c)
Direct
Supervision refers to range
supervision where physical presence of the veterinarian within the barangay is
necessary.
(d)
Dog refers to a common quadruped domestic animal
belonging to the order carnivora (male or female), scientifically known as canis
familiaris.
(e)
Euthanasia
refers to the process of painless
death to Dogs and other animals.
(f)
Impound refers to seize and hold in the custody of the law.
(g)
Owner refers to any person keeping, harboring or having
charge, care or control of a Dog including his/her representative.
(h)
Pound refers to a public enclosure for stray animals.
(i)
Public
Place refers to any place open to the
public like parks, malls, markets, streets, etc.
(j)
Rabies refers to a highly fatal disease caused by a lyssa
virus, transmitted mainly through the bite of an infected animal and is
characterized by muscle paralysis, hydrophobia and aerophobia, and other
neurological manifestations.
(k)
Rabies transmission refers to the transmission or passage of
the Rabies virus through a bite by an infected animal, or through contamination
with virus-laden saliva on breaks in the skin and of mucous membranes such as
the eyes, the lips, the mouth, or the genital organs.
(l)
Rabies
Vaccination/Immunoprophylaxis of Humans
refers to the inoculation of humans, with modern day rabies vaccines or Rabies
immunoglobulin, by a trained doctor or nurse under the supervision of a
qualified medical practitioner.
(m) Rabies Vaccination of Dogs refers to the inoculation of a Dog with a Rabies
vaccine by a licensed government or private veterinarian or trained individual
under the direct supervision of a licensed veterinarian. The services of the
said trained individual shall be limited only to Rabies Vaccination Injection
in Dogs and only during government mass vaccination campaigns.
(n)
Post–exposure
Treatment (P.E.T) refers to an anti–Rabies
treatment administered after an exposure to Rabies, which include local wound
care, Rabies vaccine, with or without anti-Rabies immunizing agent.
(o)
Pre–exposure
Prophylaxis (P.E.P.) refers to Rabies
vaccination administered before an exposure to Rabies to those who are at high
risk of getting Rabies.
(p)
Stray Dog refers to any Dog leaving its Owner’s place or
premise and no longer under the effective control of the Owner.
(q)
Veterinary
or Human Barbiturates refer to drugs
that depress the function of the central nervous system.
Section
4
National
Rabies Prevention and Control Program
It is hereby mandated that
there shall be a National Rabies Prevention and Control Program to be
implemented by a multi-agency/multi–sectoral committee chaired by the Bureau of
Animal Industry of the Department of Agriculture. The program shall be a multi–agency
effort in controlling and eliminating Rabies in the country. Among its
component activities include:
(1)
Mass vaccination
of Dogs;
(2)
Establishment of
a central database system for registered and vaccinated Dogs;
(3)
Impounding, field
control and disposition of unregistered, Stray and unvaccinated Dogs;
(4)
Conduct of
information and education campaign on the prevention and control of Rabies;
(5)
Provision on
pre-exposure treatment to high risk personnel and Post Exposure Treatment to
animal bite victims;
(6)
Provision of free
routine immunization or Pre-Exposure Prophylaxis (P.E.P.) of schoolchildren
aged five to fourteen in areas where there is high incidence of rabies as well
as the
(7)
Encouragement of
the practice of responsible pet ownership. The program shall be implemented by
the Department of Agriculture (DA), Department of Health (DOH), Department of
the Interior and Local Government (DILG) and Department of Education (DepEd),
as well as Local Government Units (LGUs) with the assistance of the Department
of Environment and Natural Resources (DENR), Non–Governmental Organizations
(NGOs) and People's Organizations (POs).
Section
5
Responsibilities
of Pet Owner
All Pet Owners shall be
required to:
(a)
Have their Dog
regularly vaccinated against Rabies and maintain a registration card which
shall contain all vaccinations conducted on their Dog, for accurate record
purposes.
(b)
Submit their Dogs
for mandatory registration.
(c)
Maintain control
over their Dog and not allow it to roam the streets or any Public Place without
a leash.
(d)
Be a responsible
Owner by providing their Dog with proper grooming, adequate food and clean
shelter.
(e)
Within
twenty-four (24) hours, report immediately any Dog biting incident to the
Concerned Officials for investigation or for any appropriate action and place
such Dog under observation by a government or private veterinarian.
(f)
Assist the Dog
bite victim immediately and shoulder the medical expenses incurred and other
incidental expenses relative to the victim’s injuries.
Section
6
Responsibilities
of Government Agencies
The following government
agencies, which shall jointly implement the National Rabies Prevention and
Control Program, shall be tasked to:
A.
Department
of Agriculture
(1) Improve and upgrade existing animal Rabies laboratory
diagnostic capabilities to ensure better services to the people.
(2) Ensure the availability and adequate supply of animal
anti–Rabies vaccine at all times.
(3) Undertake free anti–Rabies Vaccination of Dogs giving
priority to high risk depressed areas.
(4) Maintain and improve animal Rabies surveillance
system.
(5) Establish and maintain Rabies free zone in
coordination with the LGUs.
(6) Immediately facilitate for the approval of the sale
and use of Veterinary and Human Barbiturate drugs and veterinary euthanasia
drugs by the DOH and the Philippine Drug Enforcement Agency (PDEA).
(7) Strengthen the training of field personnel and the
Information Education and Communication (IEC) activities on Rabies prevention
and control and responsible pet ownership.
(8) Conduct research on Rabies and its control in
coordination with other agencies.
(9) Formulate minimum standards and monitor the effective
implementation of this Act.
(10) Encourage collaborative activities with the DOH,
DepEd, DILG, DENR, NGOs, POs and other concerned sectors.
B.
Department
of Health
(1) Ensure the availability and adequate supply of DOH pre–qualified
human Anti-Rabies vaccine in animal bite treatment centers at all times and
shall coordinate with other implementing agencies and concerned NGOs for this
purpose.
(2) Provide Post–Exposure Treatment at the minimum expense
to individuals bitten by animals suspected of being rabid which will consist of
the initial vaccine and immunoglobulin dose.
(3) Provide Pre–Exposure Treatment to high–risk personnel,
such as, but not limited to, laboratory staff, veterinarians, animal handlers,
vaccinators and other persons working with Rabies virus for free.
(4) Coordinate with the DA in the development of
appropriate health education strategy to inform the public on Rabies prevention
and control and responsible pet ownership.
(5) Develop and maintain a human Rabies surveillance
system.
(6) Encourage collaborative activities with the DA, DepEd,
DILG, DENR, NGOs, POs and other concerned sectors.
(7) Immediately approve the registration of Veterinary and
Human Barbiturate drugs and veterinary euthanasia drugs in coordination with
the PDEA.
C.
Department
of Education
(1) Strengthen Rabies education program through school
health teaching/curriculum.
(2) Assist in the Dog mass immunization campaigns in the
community.
(3) Encourage collaborative activities with the DA, DOH,
DILG, DENR, NGOs, POs and other concerned sectors.
(4) Integrate proper information and education on
responsible pet ownership in the relevant subjects in the Elementary and High
School levels.
Section
7
Responsibilities
of the LGUs
LGUs, in their respective
localities, shall:
(1)
Ensure that all
Dogs are properly immunized, registered and issued a corresponding Dog tag for
every immunized and registered Dog.
(2)
Strictly enforce
Dog Impounding activities and field control to eliminate Stray Dogs.
(3)
Ensure that Dogs
are leashed or confined within the premises of the Owner's house or Owner's
fenced surroundings.
(4)
Allocate funds to
augment the implementation of the National Rabies Prevention and Control
Program, particularly on the financing of supplies and human and Dog vaccines
needed for immunization.
(5)
Ensure the
enforcement of Section 6 of Republic Act No. 8485 or "The Animal Welfare
Act of 1998".
(6)
Enact additional
local ordinances that will support the National Rabies Prevention and Control
Program that should include the regulation of treatment locally known as
"tandok."
(7)
Prohibit the
trade of Dogs for meat.
(8)
With respect to
cities and first class municipalities, establish and maintain a Dog Pound where
Impounded Dogs shall be kept, in accordance with Section 9 herein: Provided,
That the other municipalities, shall, on their own, establish a Dog Pound or
opt to share the expense of establishing and maintaining a Dog Pound with other
adjoining municipalities and/or with private animal shelters and control
facilities.
(9)
Prohibit the use
of electrocution as a euthanasia procedure.
(10) Appoint a
veterinarian and establish a veterinary office in every province, city and first-class
municipality: Provided that the other municipalities shall, on their own, opt
to share the expense of having a veterinary office.
(11) Require pet shops
to post information regarding Rabies and responsible pet ownership.
(12) For purposes of
ensuring the administrative feasibility of implementing the provisions of this
Act and subject to paragraph 8 of this Section, the LGU shall collect the fines
imposed under Section 11 subparagraphs (1). (3), (4), (5) and (6) hereof.
Any and all fines
collected pursuant to this Act shall be used for the enhancement of the
National Rabies Prevention and Control Program within the locality concerned,
as well as the achievement of the objectives envisioned in this Act.
The DILG shall ensure
compliance of these responsibilities by the LGUs.
Section
8
Assistance
of NGOs and the Academe
The agencies tasked to
implement the anti-Rabies program shall seek the assistance and participation
of NGOs in any of the following activities:
(1)
Community
mobilization.
(2)
Health education/information
dissemination on Rabies and responsible pet ownership.
(3)
Mass anti–Rabbies
campaign
(4)
Promotion of the
anti-Rabies campaign during pet or any animal shows.
(5)
Surveillance/reporting
of Rabies cases in animals and humans.
(6)
Any other
activities geared towards the prevention and complete eradication of Rabies.
Section
9
Impounding
Field Control and Disposition of Unregistered, Stray and Unvaccinated Dogs
Unregistered, stray or
unvaccinated Dogs shall be put in Dog Pounds and disposed of, taking into
consideration the following guidelines:
(1)
Unregistered, stray
or unvaccinated Dogs shall be impounded and kept in the LGU’s designated Dog
Pound.
(2)
Impounded Dogs
not claimed after three days from the Dog Pound shall be placed for adoption to
qualified persons, with the assistance of an animal welfare NGO, when feasible,
or otherwise disposed of in any manner authorized, subject to the pertinent
provisions of Republic Act No. 8485, otherwise known as the "Animal
Welfare Act of 1998".
(3)
A fee shall be
paid by Owners of Impounded Dogs to the LGU concerned, pursuant to Section 7
hereof.
Section
10
Dog
Population Control
In furtherance of the
policy of this Act to eradicate Rabies, there is the need to control the Dog
population and minimize the number of unwanted Stray Dogs. As such, it is
hereby mandated
(1)
That the DA, DOH,
DILG, DepEd, LGUs, with the assistance of NGOs and POs shall undertake an
educational and promotional campaign on responsible Pet Ownership, including
the option of spaying or neutering their Dogs.
(2)
That the LGUs
shall provide an incentive system whereby Owners of Dogs which have been spayed
or neutered will be given a subsidized or discounted pet registration fee.
(3)
That Dogs which
have been impounded three times shall only be released after having been spayed
or neutered, at the expense of the Pet's Owner.
Section
11
Penalties
(1)
Pet Owners who
fail or refuse to have their Dog registered and immunized against Rabies shall
be punished by a fine of Two thousand pesos (P2,000.00).
(2)
Pet Owners who
refuse to have their Dog vaccinated against Rabies shall be liable to pay for
the vaccination of both the Dog and the individuals Bitten by their Dog.
(3)
Pet Owners who
refuse to have their Dog put under observation after said Dog has Bitten an
individual shall be meted a fine of Ten thousand pesos (P10,000.00).
(4)
Pet Owners who
refuse to have their Dog put under observation and do not shoulder the medical
expenses of the person Bitten by their Dog shall be meted a fine of Twenty-five
thousand pesos (P25,000.00).
(5)
Pet Owners who
refuse to put leash on their Dogs when they are brought outside the house shall
be meted a fine of Five hundred pesos (P500.00) for each incident.
(6)
An impounded Dog
shall be released to its Owner upon payment of a fine of not less than Five
hundred pesos (P500.00) but not more than One thousand pesos (P1,000.00).
(7)
Any person found
guilty of trading Dog for meat shall be fined not less than Five thousand
pesos,(P5,000.00) per Dog and subjected to imprisonment for one to four years.
(8)
Any person found
guilty of using electrocution as a method of euthanasia shall be fined not less
than Five thousand pesos (P5,000.00) per act and subject to imprisonment for
one to four years.
(9)
If the violation
is committed by an alien, he or she shall be immediately deported after service
of sentence without any further proceedings.
Section
12
Implementing
Rules and Regulations
The DA, in coordination
with the DOH, DILG, DepEd, DENR, NGOs and POs shall issue the necessary rules
and regulations within sixty (60) days from the effectivity of this Act.
Section
13
Appropriations
The amount of One hundred
million pesos (P100,000,000.00) necessary to implement the provisions of this
Act shall be initially charged against the appropriations of the DOH, DA, DILG
and DepEd under the General Appropriations Act. For the LGUs, the requirements
shall be taken from their Internal Revenue Allotment and other local funds.
Thereafter, such sums as may be necessary for its continued implementation
shall be included in the annual General Appropriations Act.
Section
14
Separability
Clause
In case any provision of
this Act is declared unconstitutional, the other provisions shall remain in
full force and effect.
Section
15
Effectivity
This Act shall take effect
fifteen (15) days after its publication in the Official Gazette or in at least
two newspapers of general circulation, whichever comes earlier.
Approved:
May 25, 2007
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