I.

INTRODUCTION

It is very evident nowadays, with reports from media and even in the social networking sites, of the different animal abuse all over the world. In the said reports, videos and pictures of animals are shown being maltreated by humans violently to the point that such abuse can be considered intolerable. Intolerable in a sense that if people watch or see those animals helplessly struggling for their lives with all the woes and wounds they have due to the abuse, they might stop seeing or watching such pictures or videos and all they can think of is how could those people do that?, and in social networking sites, like Facebook, a picture depicting a cruelty on an animal can leave the people commenting about how soulless a person can be for doing such things. People must need to realize first that animals are living beings, too, and they may not have rights as people do but they have life like us. Many organizations were built to fight for the rights of animals, to prevent illegal slaughter of animals for different purposes, animal abuse and all other cruelty on animals. Examples of these organizations are International Wildlife Coalition Trust (IWCT), People for the Ethical Treatment of Animals (PETA), International Association Against Painful Experiments on Animals (IAAPEA) and International Anti-Fur Coalition for the international organizations and in the Philippines, to name a few are Animal Kingdom Foundation and Philippine Animal Welfare Society (PAWS). The abovementioned organizations are only some of the many who are reaching out for the welfare of animals and in to rescue them from abusers. As for my personal view on the matter, based on what I have already seen and to report on in this paper, animals that are being treated maliciously have no idea why such things are being done to them, they suffer for people to feel satisfied. People who loves fur coats are contented knowing that what they are wearing were from sufferings of innocent animals; people who use cosmetic products are happy knowing or not even knowing that such things are from the lives of animals that were tested to be able to come up with such product. These should be stopped.

II. ANIMAL ABUSE IN THE WORLD There are many animal abuses all over the world, others we see often in the media and others are hidden and left to the conscience of those abusers. Lives of those animals are wasted for wrong purposes. Yes, farm animals are slaughtered for men to eat yet domestic and wild animals are not to be abused only for the pleasure of killing and to satisfaction of humans, they need to be preserved, respected and loved. A. ANIMAL TESTING To define, ANIMAL TESTING is the use of animals in experiments and development projects usually to determine toxicity, dosing and efficacy of test drugs before proceeding to human clinical trials; Animal testing remains to be controversial as it involves animals getting injured, having to live through pain, and sometimes being left to suffer or die. For this reason some people believe that animal testing is unnecessary, poor scientific practice, and never an absolute representation of results in humans. With such definition, clearly there is already a representation of an abuse over animals, it is also said that results with those animals vary in humans and fails to get the desired result when applied to people. Animals suffer and die for nothing because of such experimentation gone bad or failed. Such tests are done all over the world including Asia, United States of America, Australia, Canada and Europe. There are also said levels of suffering of animals during testing and experimentation, to state as example; the following are categories of suffering in the United Kingdom: Mild Category

This classification is said to be the lowest end of the animal suffering range that is considered when determining animal suffering. This involves procedures and applications that range from the taking of a single, small or uncommon sample including blood and urine - to a minor change in the animal's diet. It may also involve a minimally conspicuous surgical procedure like biopsy. Although such levels of suffering, even though mild, have licenses to proceed with the testing, the fact that such animals are kept and constantly being used to get samples of

blood and go through surgeries is just wrong. They should have freedom and not to be kept for samples of parts of their body. Moderate Category

Such level of suffering involves greater pain to animals than the mild category, as it is stated in the research, in mild category, one third of the population opposes while in moderate, half of the population disagrees with the use of animal testing for it produces more pain than the mild. An example of this is the experimentation done with a primate since the drugs tested for such animal is to cure deadly and weakening diseases like cancer, Parkinson's disease and Alzheimer's disease. Therein involves procedures such as the implantation of electrodes into the brain of primates in which it was shown that the procedures caused substantial pain and suffering to the animals involved. With such drugs injected and tested to the bodies of those animals, it can cause different responses and might lead to death, since it has been debated that the results of such experimentation do not usually match with humans.

Substantial Category

There is still a great deal of controversy regarding projects performed within this classification, namely due to the significant level of animal suffering and distress. Animals that are tested within this category will suffer from a significant change from their normal state of health and well-being. Examination of one project showed that monkeys were given an extremely hostile brain surgery and that animals were given a little or no pain relievers. These invasive procedures would include ones such as inducing strokes through the removal of the top of the animals' heads. So far this is the worst category of all since, as it is said, involves invasive procedures that are far more disturbing than the mild and moderate categories. To think that heads are cut off just to test some drugs that is not sure if is going to work on humans.

These are only some of the details that prove that animals are not treated right and they are definitely abused. No matter what categories fall the animals being tested, it is still an abuse of their right, like in the statement above, they might not have rights like us but they deserve to live and not in the cages provided for them in different test laboratories where their body parts are experimented. B. FUR MANUFACTURING

The manufacturing of fur clothing involves obtaining animal pelts where the hair is left on the animal's processed skin. One of the processes of fur manufacturing is trapping animals with fur and processes them as it is within their body. Approximately 40 million animals are being bred for fur manufacturing and are killed on farms where they are raised; in such farms also that they are inbred for specific colors, causing severe abnormalities: deafness, crippling, deformed sex organs, screw-necks, anemia, sterility, nervous system disturbances.

Some of the methods being done in fur slaughter are the following:

Genital Electrocution To ensure undamaged pelts: An alligator clamp is attached to an animals ear, or a metal conductor is forced down the animals throat. A second clamp grips the animals labia or an electric prod is shoved up the rectum. The killer flips a switch to send a 240-volt shot of electricity through the animals body. The animal jerks, stiffens... teeth fall out. The animal convulses trembles and cries. The electrical current only works as a paralyzing agent. The animal remains conscious for 2 or more minutes to feel the excruciating force of massive heart attack.

Neck Snapping

Cervical dislocation is used with small animals because it is easy and cheap. The killer wraps 1 hand around an animals neck, grasps the animals lower body with the other, and jerks the vertebra out of the socket. After the neck is broken, it takes up to 5 minutes for the animal to die.

Lethal Injection Fur farmers cannot use sodium pentobarbital, the drug used to euthanize companion animals, because it is a legally controlled substance only available to veterinarians or licensed professionals. It is extremely expensive and not used for animals raised for fur. Fur-bearing animals are injected with: chloral hydrate, magnesium sulfate, nicotine sulfate (often in the form of a pesticide) diluted with rubbing alcohol.

Gassing

Carbon monoxide is commonly derived from hot, unfiltered engine exhaust. Animals such as minks, which are good swimmers and can hold their breath for long periods, often awaken from the gas to be skinned alive. There are many animal advocates that oppose such fur manufacturing and fur clothing. They oppose fashion shows in which it promotes the use of fur for people and us, people, not knowing the real story behind the suffering of those animals using fur. Such animal welfare groups have disrupted fur fashion shows with protests while others sponsor anti-fur poster contests and fashion shows featuring faux furs or other

alternatives to fur clothing. These groups sponsor "Compassionate Fashion Day" on the third Saturday of August to promote their anti-fur message. Other groups participate in "Fur Free Friday", an event held annually on the Friday after Thanksgiving that occurs globally with the intent to bring the issue of fur to light through educational displays, protests and other methods of campaigning. To put as a good example for fighting fur industry is the movie 101Dalmatians. In such movie, Dalmatians are captured for them to become clothing and in its part two movie; it was shown how people despise the use of fur being shown in a fashion show. With such, it educates even the youth, the evil of using fur and the suffering of the animals since it has been reported also that there is a large figure of public ignorance that they have no idea that the expensive fur and leather they are wearing are from real animals which were killed in the process. These are just some of the information that people need to know about the use of fur, even though it is not used in the Philippines, the issue about the maltreatment of animals must be brought to the attention of the people as it is an example of animal cruelty.

C. ENTERTAINMENT ANIMALS

Animals in Entertainment refer to any animal(s) used to act, perform, fight and/or kill for the enjoyment of humans. The term encompasses many different forms of entertainment from circuses to movies to bullfighting.

Most of us are fond of seeing animals in the zoo, marine parks and circuses, but while we are there we never grasp the idea that why are they there; are they supposed to be kept in a cage, do they deserve a life sentence in a jail, they did not commit anything wrong but why are they caged? Maybe there is nothing wrong with them being entertainers, they make us happy especially the children, but are they happy? Maybe it is true that their live longer in zoos than in their natural habitats just because outside the zoo their lives are threatened by predators, although we do not see them being maltreated, their way of living is not normal, it is not natural, they deserve more than what they are experiencing behind bars and glasses. To include an experience on the matter, couple of years ago, I witnessed a disturbing appearance of one animal in one of

the zoos in the country, a lion. It was thin and there are wounds all over it and nobody in its cage but him, no lioness or cabs and also its place was only made of rocks and just a couple of grass; different from its natural habitat, the whole jungle with the company of its pride. Why is this animal cruelty? It is because of the denial of freedom of animals from living in a place where they are comfortable and not locked up in a cage and being watched by millions of people.

Below are some of the examples where animals are kept for entertainment:

Circuses As often seen in shows and movies, circus animals perform tricks like a persons head is inserted in a lions mouth, monkeys juggling, and people riding in elephants and some sort of funny tricks done on other animals. This may be funny when we see them do it but how about after the entertainment, they are chained and caged and placed in a vehicle and sometimes being whipped when not in obedience to their masters wishes. For people living as circus entertainers, it is acceptable since they are human being with rational thoughts and freewill to do such things but the animals they capture to be with them in performing have no choice but to obey if they do not want to be hurt. Some circuses say that there are positive reinforcements when it comes to rewarding the animals who did a great job on the performance, but before they come up with such achievement, those poor animals were trained using violent ways like whipping and with the use of bullhooks- sticks with sharp metal hooks on the end. The animals obey on the stage since they do not want to experience the same suffering as they are trained; in that case, they are being stopped to do what they are supposed to be doing. Cruelty on animals is really observed since punishment in training and disciplining them violently is practiced.

Zoos

Animals in cages is like sentencing them life imprisonment without any offenses or even done nothing wrong to people or to properties. Zoo owners and administrators deprive those animals of freedom to live on natural basis and are kept in a small amount of space wherein is totally different from their natural habitat. They are fed with minimal food just to satisfy them for the day and have little amount of activities within the cage, they are not able to do the common things done outside their cages, for example, for lions, in the jungle they are known for hunting and living together, but in cages, they fail to do so since with a small space intended for them to roam around. Another example is elephants, they need acres of space for them to roam around, but inside the zoos, they are only provided less than they were supposed to have. Snakes and other reptiles are also deprived of spaces since, as we see commonly in zoos, they are behind thick glasses and they cannot be able to move freely as they wish; they might be dangerous but does not mean they so not deserve to live naturally. Also, animals living on the other side of glass or a cage might suffer depression and boredom since they got nothing else to do and can lead to sickness and worst, death.

Marine Parks

In the movie Free Willy therein emphasized that an aquatic animal, a killer whale even, should not be kept for entertainment, they do not belong to the swimming pools provided for them, they belong in the ocean. Like in circuses, marine animals do not just happen to have tricks on their own, they are trained to do so, although not all methods are intense, as punishment, they are sometimes maltreated. In order to perfect their routine in swimming pools or in a caged part of the sea wherein they perform, violent measures are performed. There are also reports that when an aquatic animal is not fitted to become an entertainer, they are slaughtered and fishermen are able to sell their meat. Dolphins are adorable creature that has intellectual skills which they are able to be taught tricks easily,

but even though they really give us entertainment and joy whenever they perform, it does not deny the reality that they are captives and property of people only for entertainment and they are not given the freedom to live in the seas, and to be with its natural social structure and companionship and not with humans.

Rodeos

Rodeo horses and bulls buck to try to release bucking straps, cinched tightly around their abdomens. Cows and horses are often prodded with an electrical "hotshot" while in the chute, to rile them, causing intense pain to the animals. These show even though we think that bull riding is fun even if we just see it in the movies, it still causes suffering for the animals involved. Bulls being used as a tool to be used ridden by people as they are strapped in a cage to prevent harm to others. Though people may think it causes more injuries to men than to the animal, the people who are hurt still have the chance to be cured and it is in their consent to ever ride such dangerous animal. Bulls and horses have no choice but to live in a stable or a small farm wherein they are caged and with limited activities and are given food just enough to live through the day and not of their own will.

D. OTHER ABUSES

The other abuses referring to are the specific violent and intense treatment to animals that causes wounds, injuries and death of animals. Simple but unbearable conditions of animals are reported from all over the world. Examples are dogs being left to die in cages, not being fed by their owners and treat them like vermin whenever they feel like to punish such animals also in capturing stray dogs, such dogs are beaten to death even

before they are captured, they are strangled and being kicked and pounded while dragging them to the van where it leads to the pound. A true report on this matter is in Iraq wherein stray dogs are around the neighbourhood and an event was about to happen in such place so those dogs were beaten and strangled to death. Even people who are in power are not in their right mind to be able to do such abuse to animals, a concrete example: a US soldier holds and cuddles a little puppy, a little while he arched back and threw the puppy as if it was a baseball ball. One of the worst that happen as abuse to dogs is the dog culling in China wherein there is a massive torture to death of dogs by a group of men. In a video uploaded in a website wherein other animal abuse reports are shown, therein can be seen that a cats face was set off on fire for no apparent reason, the abusers only thought it was fun. Recently also in a social networking site, a photo was posted wherein a couple of men put a firecracker inside a dogs mouth and let it explode inside it and living the dog mouthless. Another report also shows, in Australia, there is a certain tree where cats are hung for they see it as solution to their uncontrollable cat problem. There are many and thousands of similar instances wherein animal cruelty is observed, abuses, whether common or uncommon should be put to an end. Animals do not deserve cruelty from humans since they do not harm us, only at times if they are provoked which is also our fault.

III. ANIMAL ABUSE IN THE PHILIPPINES In the Philippines, there is no fur manufacturing, circus performers who use elephants and lions as their entertainers, and even intensive laboratories for animal testing. In the country we have zoos which as mentioned above, there is also proofs that animal cruelty is observed when it comes to their freedom and right to live naturally. Here, the most common abuse are done by the people keeping stray dogs and slaughter them for their meat to be served as food. Often times it is reported in the news about such issue and people who definitely loves animals

will despise those abusers who consciously tortured those poor dogs and slaughtered them to death, knowing that dogs are domestic animals and should be kept as pet and not as food on the table.

A. ASOCENA: Domestic Dogs Served as Food

ASOCENA- this word became popular when a movie entitled Asucena written by Enrique Ramos and directed by Carlos Siguion-Reyes was shown in 2000. The film is about a pet dog brought to a butcher by a childs father. It is also a popular word among the low class of the Philippine society as men without jobs locally called istambay usually cook asocena as their main fare to go with ice-cold beers or gin along street corners or stores by the road. They fancy stray dogs and since its meat is free and need not to buy expensive pork, chicken and beef in the market; dog meat shall suffice as their pulutan. Such dish (asocena) has become popular as it is a specialty in Baguio City, Pampanga, Iloilo and other parts of Luzon and Visayas despite its being illegal as it is in violation of Republic Act 8485 or Animal Welfare Act. Some of the cold-hearted procedures in capturing dogs and cooking their meat are: strangling the dog, once its mouth is tied up, they are being thrown in the back of a vehicle, usually a van, truck or jeepney; often times place them in a crowded cage where inside a couple of dogs died of suffocation and pain; once they are removed from the vehicles, they are being hit by a piece of lumber until they die; for their fur to be removed, they are being burned by a flame thrower until its skin shows; they are cut into pieces and are ready to be cooked as a dish.

Dogs are purchased for about P150 to P200 at source and could fetch from P2,500 to P3,000 when sold in markets in northern Luzon, an exponential mark-up that the enterprising finds hard to pass up. Animal welfare group Network for Animals estimated that over half a million dogs are slaughtered in the Philippines every year, even if the trade has already been outlawed in the country since 1998.

As a dog lover, whenever there are reports of this matter on the television, it is very heartless of those people to be able to have the nerve to kill the animals which most people think to be mans best friend; maybe stray dogs may not look like those dogs with breeds and are fit as a pet, still they does not deserve to be eaten and slaughtered, though it may sound clich, but they have to be loved and respected since they are the animals that can be closest to humans as they are with us as our companion over the years and knowing that they are only served as food to men drinking beer on the street is unacceptable. Animal cruelty should be prevented and to do it, it must begin with the proper implementation of laws regarding the matter and to discipline public officers not to be bribed since they take part also when they allow such anomaly as if their eyes are closed.

B. RECENT ISSUE: Puppy being hung as if it was Laundry

This issue was famous in the social networking site, Facebook, last year, 2011, when a certain Jerzon Senador created an album in such site; the album name was Bagong Ligo si Puppy which shows picture of a puppy being hung in a clothesline after bath. One of the friends of Jerzon warned him that he could be jailed for animal cruelty since a previous similar instance where another man named Joseph Carlo Candare who was convicted for violating the Animal Welfare Act for killing a kitten, but the only response Jerzon said was: Hahaha, hnd ako makukulong noh.. remember senador toh! aquh ng pa2pad ng Animal cruelty at kya kong bawiin yun! ahahahaha

Many reacted when they saw it and not only to the photo album created by Jerzon but it managed to get the attention of people concerned and referred such incident to Philippine Animal Welfare Society (PAWS), the same organization that brought Joseph Carlo Candare to court over the death of a one-month old kitten.

Jerzon made an apology by posting in the same networking site an ahour before an article about the incident was about to be published, which says: To All Animal Lover and to all over the world please read this: Gusto ko humingi ng tawad sa nagawa kong kasalanan sa aking alagang aso.. Sana mapatawad nyo ako at pinapangako ko na hindi na mauulit Jerzon Senador A Facebook page named Report, Jerzon Senador the Animal Abuser has been created but eventually has been removed; the page was about the acts done by Jerzon Senador and warning to all who will repeat such act. Many other pages like Anti Jerzon Senador and Isampay si Jerzon Senador were created by people who hated what has been done to the puppy. PAWS in a report on ABS-CBN's primetime
news program TV Patrol on a Tuesday evening, June 14,2011, said it will file in court a complaint against Senador for violating Republic Act (RA) 8485, also known as the Animal Welfare Act of 1998.

That incident should serve as a lesson to all that in order to be famous, abusing an animal is not the answer, as for yourself you might think it is cool enough for people to see but a large number of people will hate you as what happened to Jerzon, a reputation was ruined just because of a picture that he thought was silly but really can cause him a case in court in violating Republic Act No. 8485.

IV. ANIMAL LAWS Around the world, there are voluminous animal laws which protect the rights and welfare of the animals; from simple domestic animals as pets being abused by their owners to animals

being tested and manufactured to become by-products. In this paper, some of those laws will be discussed and its current effects in the animals life. Animal law is a combination of statutory and case law in which the nature legal, social or biological of nonhuman animals is an important factor. Animal law encompasses companion animals, wildlife, animals used in entertainment and animals raised for food and used in research. Animal law permeates and affects most traditional areas of the law including tort, contract, criminal and constitutional law. Examples of this intersection include:

Animal custody disputes in divorce or separations. Veterinary malpractice cases. Housing disputes involving no pets policies and discrimination laws. Damages cases involving the wrongful death or injury to a companion animal. Enforceable trusts for companion animals being adopted by states across the country. Criminal law encompassing domestic violence and anti-cruelty laws.

A. SOURCES OF ANIMAL LAWS Sources of United States Animal Law In the United States there are three main federal statutes relating to animal welfare: the Humane Methods of Slaughter Act (discussed below), the TwentyEight Hour Law of 1877 (also discussed below) and the US Animal Welfare Act. These three Federal statutes do not regulate the treatment of animals raised for food while on the farm, nor do they regulate treatment of companion animals. Additionally, there is no federal anti-cruelty statute in the United States.

The US Animal Welfare Act is the most comprehensive of the federal statutes. It does not, however, apply to the treatment of farm animals used for food or the treatment of pet animals by owners or in pet. It applies to some animals used in or bred for research, exhibitions and zoos, animal fights and auctions. The

definition of animal is limited under the US Animal Welfare Act and applies mainly to warm blooded animals such as dogs, cats, non-human primates, guinea pigs and rabbits. The US Animal Welfare Act is not a federal anti-cruelty law; instead, anti-cruelty legislation is determined by states.

Sources of EU Animal Law Many laws in the EU are based on conventions or treaties constructed through the Council of Europe. The Council of Europe is an Intergovernmental body designed to promote human rights and democracy in Europe. It was set up in 1949, has forty-one members, including all of the EU member states. When the members of the EU sign a Council of Europe convention, they will incorporate the principles in the laws of the EU through directives, regulations and decisions. There are currently six conventions relating to the protection of animals.

Sources of Law for Other Countries Germany, Sweden, the UK and the Netherlands are member states of the EU. This means that the laws of these countries must at a minimum meet the laws adopted by the EU, but can go above and beyond those protections. In Switzerland, two pieces of legislation exist on animal welfare. The first is the Federal Act on Animal Protection which lays out the basic rule regarding the specific animal welfare topic of concern. The Federal Council created the Animal Protection Ordinance, which contains the actual regulations governing specific practices. In Norway, animal welfare is protected by the Norwegian Animal Welfare Act.

B. State Anti-Cruelty Laws and Companion Animals in the US In the United States, pets are protected through state anti-cruelty statutes. Every state has an anti-cruelty statute. State anti-cruelty statutes protect against intentional

infliction of pain or suffering on an animal, killing an animal and sometimes animal fighting. They are often an animals only source of legal protection. These laws were formed in the agrarian societies of the 1800's, mainly for the protection of animals with economic value, such as farm animals. Today, many animals are exempt from these statutes, while companion animals are protected. Common exemptions include: veterinary practices, research animals, wildlife, farm animals, slaughtering animals for food, pest control, rodeo, zoos, and circuses. Commonly seen provisions in these laws are: counselling, community service, restitution, seizure, reimbursement for cost of care, forfeiture of the animal, veterinary reporting, and arrest policies. Each state's provisions are different. Some of the States which have such anti-cruelty laws are the following:

Texas Animal Cruelty Laws In the state of Texas, numerous statutes govern the treatment of animals. First, criminal laws are in place to prohibit the cruel or inhumane treatment of domestic animals. Second, animals are protected from mistreatment by civil laws, which differ from criminal laws in their enforcement, scope, and penalties. Lastly, the Texas legislature recently passed in 2001 a set of laws that governs the keeping of dangerous wild animals. Together, these laws dictate what actions constitute cruelty, prescribe the potential punishments that can be inflicted, outline available defenses, and address what happens to an animal that has been cruelly treated. Criminal cruelty laws in Texas protect livestock and animals that are in custody, like everyday household pets, but they do not provide any protection for animals that fall outside this narrow definition. Wild animals include deer, rabbits, squirrels, birds, or any other animal over which no one has custody. Under Texas criminal laws, the intentional or knowingly cruel treatment of animals is expressly prohibited. Therefore, accidental or negligent actions cannot be prosecuted under the cruelty statute. Cruel treatment also includes situations where a person has failed to act or failed to provide care for an animal. Failing to act or failing to provide care rises to the level of cruelty when it involves either: (1) failing to provide necessary food, care or shelter; or (2) unreasonably abandoning an animal

The state of Texas also has civil laws that govern the disposition of animals that have been cruelly treated. These civil laws differ from the cruelty laws, some of which are: the scope of civil laws is broader than criminal laws. These civil laws are defined to apply to every living dumb creature. Consequently, it seems that these civil laws could apply to both domestic and wild animals. However, although their scope is broader, the civil statutes adopt a much narrower definition of what constitutes cruelty. Cruel treatment in the civil context includes: (1) torturing an animal; (2) seriously overworking an animal; (3) unreasonably depriving an animal of necessary food, care, or shelter; (4) cruelly confining an animal; and (5) causing an animal to fight with another animal. Similar to interpreting criminal statutes, the courts are charged with interpreting the meaning of these civil laws Michigan Anti-animal Cruelty Law The Michigan Legislature has designed three primary provisions related to cruelty to animals: intentional infliction of pain and suffering, duty to provide care, and anti-animal fighting. The intentional infliction of pain and suffering provision carries the most severe penalties for animal cruelty and a violation is automatically a felony. A violation of the duty to provide care provision is initially a misdemeanor, which becomes a felony for a second or subsequent violation. A violation of the anti-animal fighting provision is either a misdemeanor or a felony, depending on the severity of conduct related to fighting. One of the issues that courts have troubled over is the scope of the duty to provide care provision specifically, whether certain acts or non-acts constitute cruelty under the provision. Another is the disposition of the animals involved in a violation, which implicates not only search and seizure issues but has been dealt with significantly by the Michigan Legislature. First, the plain view exception is acceptable to the courts and has often been used to protect evidence or animals involved in an animal cruelty incident. Second, the Legislature has provided for a device for prosecutors to bring a civil action of forfeiture of an animal pending a criminal charge under either the duty to provide care provision or the intentional infliction of pain and suffering provision. Finally, under the anti-animal fighting provision, the animals involved are automatically forfeited to the state.

The strict measures employed by the Michigan Legislature convicting offenders of felonies for intentional violations and subsequent failure to provide care provisions, providing for counselling for offenders, and calling for forfeiture of animals are effective means of deterring animal cruelty that have been developed to reflect societys greater compassion for all beings. Legal Classification of Companion Animals The U.S. legal framework on the law of property is a creature of the common law. According to common law, animals are considered personal property. The companion animal continues to hold little value and legal status as mere property. Nevertheless, progress concerning the legal status of companion animals is occurring outside the US. France altered its legal system by amending its 300 year old civil code to recognize companion animals as protected property/living sentient beings. In contrast, the U.S. legal framework concerning the legal status of animals involves a look at the common law. At common law, property rights for such animals were maintained as a result of the animals mobility. Classification for these animals was divided between wild and domestic. If the animal is considered to be a wild animal a property right held by an individual would only exist upon the capture or taming of such a beast. If the wild animal escaped, the property right held by the individual would disappear as well. However, the holder of a property right to a domestic animal would not lose this property right if the animal escaped. Where the animal is categorized as a companion animal (a subcategory of domestic animals), a holder of this property right has more rights to the animal, but may have more duties under statutory law concerning the treatment and care of the companion animal.

Nevertheless, the property status concerning companion animals in the United States remains intact. It is important to note that legal decisions and legislative action have actually improved the status of companion animals by providing their human guardians with a greater valuation for the companion animal, and damages in excess of the fair market value for the companion animal in question

C. Metropolitan Manila Commission Ordinance No. 82-02 Such ordinance is known as: Prohibiting the Killing, Selling, or Offering for Sale of Any Dog for Food, The Storing or Offering of Dog Meat for Sale within Metro Manila, the Transporting of Dogs and/or Dog Meat to and from Metro Manila, Providing Penalties for Violation Thereof and for Other Purposes. The aim of this ordinance is for the people to be aware of the proper treatment and protection of dogs, which are man's faithful pet and companion in the home. The Metropolitan Manila Commission has intensified its campaign for canine protection in the face of the growing dog meat trade in the country with Metro Manila as the entry point of dogs transported by ships, motor vehicles and trains from all directions. The provision of such ordinance includes the prohibition of killing and selling of dogs and dog meat in restaurants, hotels, and any other places within Metro Manila with the exception that there is a good and valid cause for the killing, or where the dog to be killed is a mad dog or on afflicted with an incurable disease in which case, the dog should be killed humanely and disposed of in accordance with existing health ordinances. There is also a prohibition for any person to ship or cause to be shipped or transported any dog to or from Metro Manila, except where the shipment of the animal is for a good and valid purpose as where the same shall be kept and cared for as a pet. Other provisions like prohibition on cruelty to dogs, vaccination and registration of dogs in Metro Manila, and a creation of a committee which is the Committee on Canine Protection for the protection and welfare of dogs are likewise included. The penalties are similarly indicated for the violation of such law.

D. Republic Act No. 8485: THE ANIMAL WELFARE ACT OF 1998

The most common and preferred law when it comes to animal cruelty is this law- AN ACT TO PROMOTE ANIMAL WELFARE IN THE PHILIPPINES otherwise known as THE ANIMAL WELFARE ACT OF 1998. Whenever there is a report on animal

cruelty and other kinds of abuses to animals, this is the one being charged to the accused. Section 1 of this Act provides: It is the purpose of this Act to protect and promote the welfare of all animals 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 object of trade or as household pets. For purposes of this Act, pet animal shall include birds. The whole scope of this Act includes: registration of businesses and other confinement places of animals, supervision of the establishment, operation and maintenance of such places, responsibilities of the owners of the places to keep them clean and sanitary, the committees involved in the implementation of such Act, the prohibition and unlawfulness of torture and killing of animals, the preservation of the natural habitat of animals especially the wild life and the penalties imposed for the violations of the provisions of such Act. Relating to the abovementioned case about the puppy being hung in the clothesline, the PHILIPPINE ANIMAL WELFARE SOCIETY which is a volunteer-based nongovernment organization whose goal is to prevent animal cruelty through education, animal sheltering and advocacy, is in the move to be able to charge Senador for the maltreatment and abuse of his pet animal and such act violates the provisions of this law.

V. SOLUTIONS IN PREVENTING ANIMAL CRUELTY BASED ON LAWS The applicable solutions for this matter is to propose and enact more laws involving the proper treatment for animals and amend laws which have such minimum penalties and

punishment imposed for violation of laws which involves abuses, such matter will not stop if people who have the courage to ignore the laws and continue with their practice as they abuse animals, whether it is in the homes where owners are abusing their pets, in confinement places where animals are kept and slaughtered and even in the wild where animals are hunted and killed to death. As to the recommendations on abuses regarding the animal cruelty based on Republic Act No. 8485: THE ANIMAL WELFARE ACT OF 1998, such applies in many instances. In the case of Senador and Candare in which they perform acts that are in disregard of the rights of the animal and improper treatment of their pets, they are held liable for the following provisions: SECTION 6: It shall be 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 horsefights, 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 The mere act of killing the cat done by Candare and the maltreatment of Senador to his pet puppy definitely violates this provision, since such case has been referred by PAWS. Dog cruelty in killing and selling dogs and even dog meat in the market is raise also as awareness to all that those involved which they should be charged with the abovementioned provision. Even the public officers and police which are involved in letting this issue pass even though they are aware of such should also be held liable not in the violation of this provision but of Republic Act 6713 for bribery and in violation of other provisions in such law.

With regards to domestic animals as pets, we should adopt other countries laws on companion animals in which animals should be considered as property and should be given rights. It is not only their welfare that should be taken care of but since they have lives like us, their right to live should be recognized. Regarding such, more animal welfare societies should propose plans and programs for animal welfare and should be implemented properly, like in the

US, animal pound should be sanitary and a safe place for them, in the Philippines, such is not actually practiced and people do not actually know if such exists. The government should also act on this matter since animals also form part of our national resources including those in the wildlife. Internationally, there should be a law that is binding internationally of the proper treatment of animals and the prohibition of maltreatment and abuse on them. As of now, there is none, only organizations and societies proposing on the matter to prevent all the aforementioned abuses done to animals, such societies can only provide programs and not binding as laws, since a lot of countries still practice legal abuse of animals like in Korea, there is a certain market for Dog meat, in China where killing of dogs are not prohibited and in Japan where fishermen killed dolphins to have dolphin meat, in order to prevent the cruelty on dogs as well as on other animals, I really think a law to be followed by every state should be enacted. There are a lot of organizations internationally that promotes the protection for animals like World Organisation for Animal Health, Compassion in World Farming, Humane Society International, International Fund for Animal Welfare (IFAW), Royal Society for the Prevention of Cruelty to Animals (RSPCA), World Society for the Protection of Animals (WSPA) and World Veterinary Association in which all countries should take part in the protection of animals from abusers as well as promotion of their rights. Even the Philippines should join these alliances to be able for us to be helped by those countries which have more expertise in implementing programs for the animals.

VI. CONCLUSION To state the obvious, this paper is all about the idea of: STOP ANIMAL CRUELTY; people like me who hates to see animals to be killed, tortured, slaughtered or even eaten when they are not made to be eaten, and even all the people around the world, should be enlightened

of all the abuses being done to animals, what I have enumerated are just some of the millions of instances where animals are abused. For this matter, the use of technology is very helpful for us to know the cruelty of humans to animals. As I said multiple times in this paper, animals do not deserve to be treated violently and morbidly because they did not even harm us nor done wrong to us. When they are being tortured and even killed all they can do is stare and wait for they fate which is to die; we sometimes hear them cry by producing sounds which is their shout for help. If only all of the people can see the websites with the pictures and videos of an actual abuse to animals, they might rage in anger and think what if we do this to you, would you like it?, if translated in Filipino Sayo ko kaya gawin to? Masisiyahan ka kaya? that was I felt. Its true that other animals, like the wild ones may bring more harm to us than us to them, but does not necessarily mean that we should treat them unfairly, lock them up in a cage, kill them, hunt them, trap them and use them as experiment for some product. They are living creatures created by the Supreme Being like us; they should be given importance and be respected. We should mind our own lives and let them live theirs. Which is why the animal laws that have been enacted are very helpful and really is promoting animal welfare, but as I recommended earlier, there should be more, to be able to make a big difference in the world which animals can live like us, maybe not the same as us, but in their own natural way. Animal lovers should be grateful for the established organizations that never stopped working for the benefit of all animals, that they have done what most of us aspire to do in protecting animals and their health and safety. Again, as clich as this sounds, animals should be loved, as if they were humans, our only advantage to them is that we think rationally, we can talk and read but all of us have feelings; they may be mere animals, living on dirt, on land, water and even trees, but they have a way of living, a natural habitat for them to live at and not on the confined places which are unsanitary and which they wait for their turn to be slaughtered. We witness all this injustice; we should not just sit back and watch, we should act for the betterment of all.

Animal Cruelty: Preserving Animals Worth through Laws

I.

Introduction Animals worth

II. Animal abuse in the world A. Animal Testing B. Fur Manufacturing C. Entertainment Animals D. Other abuses III. Animal abuse in the Philippines A. ASOCENA: Domestic dogs served as food B. Recent issue: Puppy being hung as if it was laundry IV. Animal laws A. Sources of Animal laws B. State Anti-Cruelty Laws and Companion Animals in the US C. Metropolitan Manila Commission Ordinance No. 82-02

D. Republic Act No. 8485: THE ANIMAL WELFARE ACT OF 1998

V. Solutions in preventing Animal Cruelty based on laws VI. Conclusion

ABSTRACT This paper aims to inform the people of the different types of animal cruelty commonly observed worldwide and within the Philippines including animal testing, fur manufacturing, entertainment animals and animal maltreatment. This will be able to enlighten the reader/s of the inconsiderate acts of the people with regards to abusing the life and lifestyle of animals in which it is now being known to the people through technology like videos and pictures of animals maltreatment being uploaded in websites and in social networking sites, thus, may persuade them to act in their own initiative to prevent the practice of such acts and be able to show sympathy to animals as if they are humans.

In lieu of such cruelty in animals, there are laws that can be applied in preventing such to happen domestically and internationally such as State Anti-Cruelty Laws and Companion Animals in the United States and Republic Act No. 8485: The Animal Welfare Act of 1998 in the Philippines, Metropolitan Manila Commission Ordinance No. 82-02, that certain acts of abuses on animals to be enumerated in this paper are punishable under such governing laws. Lastly, as a human being willing to preserve the existence and worth of the animals, I would recommend solutions in preventing animal cruelty through legal basis to be mentioned in this paper.

INTERNATIONAL LAW

Animal Cruelty: Preserving Animals Worth through Laws

Prepared by: PARALEJAS, Claire Anne F.

Submitted to: Atty. Joey Rene Mipa

SOURCES:

file:///C:/Users/COMPAQ/Documents/IL/Philippines%20%20Animal%20Welfare %20Act%20(1998).htm http://www.animallaw.info/articles/ddusicacl.htm#II http://www.iwct-uk.org/ http://www.peta.org/ http://www.iaapea.com/ http://www.biology-online.org/dictionary/Animal_testing http://www.aboutanimaltesting.co.uk/what-animal-testing.html

http://www.apparelsearch.com/definitions/Clothing/fur_clothing_definition.htm http://www.bornfreeusa.org/articles.php?more=1&p=371 http://www.nt.ntnu.no/users/clabec/pdf/Furindustry.pdf http://www.all-creatures.org/articles/act-c-swf-factsfur.html

file:///C:/Users/COMPAQ/Documents/IL/Animal%20Abuse.htm http://philippinehistory.ph/asocena-history-of-dog-meat-eating-in-the-philippines/ http://onlovinganimals.blogspot.com/2008/12/philippines-dog-meat-trade-dogsrescued.html http://www.abs-cbnnews.com/-depth/06/28/11/gone-dogs http://mattscradle.com/2011/06/14/jerzon-senador-bagong-ligo-si-puppy/

http://www.coolbuster.net/2011/06/jerzon-senador-animal-abuser-hang-dries.html http://chicogarcia.wordpress.com/2011/06/15/jerzon-senador-and-the-clotheslinepuppy/ http://www.aldf.org/article.php?list=type&type=15/articles/NewJersey_Lawyer.pdf