Killing of an animal as part of religious rituals | The Manila Times

Dear PAO,
I recently came across a video shot in the Philippines where an animal was killed as part of a religious ritual. According to the video, it was a religious rite meant to bring good health and stamina to its participants. They claimed that it was legal since it took place during a religious ceremony. Out of curiosity, I researched this religion and found out that it was not an established religion in the Philippines but only a group of individuals with fanatical beliefs. Is the killing of an animal as part of a religious ceremony legal?
Vamcy

Dear Vamcy,
As early as 1998, the Philippines established rules and regulations to ensure and promote the welfare of animals by supervising and regulating the operations of all facilities utilized for and related to all wild and domestic animals.

Under Republic Act (RA) 8485, otherwise known as the Animal Welfare Code of 1998, as amended by RA 10631, it is unlawful to torture, neglect, abuse, maltreat, or kill any animal. Section 6, Paragraph 1 thereof states:
"Section 6. It shall be unlawful for any person to torture any animal, to neglect to provide adequate care, sustenance of 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. x x x"
However, the law admits certain instances where the killing of an animal may be considered lawful. The succeeding paragraphs of Section 6 state that:
"x x x The killing of any animal other than cattle pigs, goats, sheep, poultry, rabbits, carabaos, and horses, is likewise hereby declared unlawful except in the following instances:

"(1) When it is done as part of the religious rituals of an established religion or sect or a ritual required by tribal or ethnic custom of indigenous cultural communities; however, leaders shall keep records in cooperation with the Committee on Animal Welfare;
"(2) When the pet animal is afflicted with an incurable communicable disease as determined and certified by a duly licensed veterinarian;

"(3) When the killing is deemed necessary to put an end to the misery suffered by the animal as determined and certified by a duly licensed veterinarian;
"(4) When it is done to prevent an imminent danger to the life or limb of a human being;

"(5) When done for the purpose of animal population control;
"(6) When the animal is killed after it has been used in authorized research or experiments; and
"(7) Any other ground analogous to the foregoing as determined and certified licensed veterinarian.
"In all the above-mentioned cases, including those of cattle, pigs, goats, sheep, poultry, rabbits, carabaos, horses, deer and crocodiles, the killing of the animals shall be done through humane procedures at all times.

"For this purpose, humane procedure shall mean the use of the most scientific methods available as may be determined and approved by the committee.
"Only those procedures approved by the Committee shall be used in the killing of animals."
To answer your question, the killing of an animal may be considered lawful if it is done as part of a religious ritual of an established religion or sect. Should the ceremony be proven to have been done outside the scope of the exemption, i.e. not by an established religion, the individuals who took part in the ceremony may face fines, imprisonment or both under the law. Section 9 of the same law states that:
"Section 9. Any person who subjects any animal to cruelty, maltreatment or neglect shall, upon conviction by final judgment, be punished by imprisonment and/or fine, as indicated in the following graduated scale:

"(1) Imprisonment of one (1) year and six (6) months and one (1) day to two (2) years and/or a fine not exceeding One hundred thousand pesos (P100,000.00) if the animal subjected to cruelty, maltreatment or neglect dies;
"(2) Imprisonment of one (1) year and one (1) day to one (1) year and six (6) months and/or fine not exceeding Fifty thousand pesos (P50,000.00) if the animal subjected to cruelty, maltreatment or neglect survives but is severely injured with loss of its natural faculty to survive on its own and needing human intervention to sustain its life; and
"(3) Imprisonment of six (6) months to one (1) year and/or fine not exceeding Thirty thousand pesos (P30,000.00) for subjecting any animal to cruelty, maltreatment or neglect but without causing its death or incapacitating it to survive on its own. xxx"
We hope that we are able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

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