14/07/2024
July 12, 2024.
On this day, WE HAVE SAVED 40 DOGS of RESCUER RANDY MIJARES (FB name) from imminent CONFISCATION by the barangay and city pound, as insisted by a Barangay Kagawad, accompanied by a Purok Leader, Barangay Tanods, and Homeowners Association members.
RANDY has just moved the rescue dogs into the residence in question no more than one day earlier. However, suspiciously, there has already been a petition by the neighborhood association. We suggested that they refer the complaint to the proper agency for validation and substantiation.
Animal Welfare Advocate NORMAN MARQUEZ had been asked by some advocates to rush to the location of the rescuer to intervene and talk to the concerned barangay officials and remind them of their MISCONCEPTIONS and ABSENCE OF LEGAL BASIS of their actions which may constitute grave abuse of discretion, oppression, grave coercion, oral defamation (slander), and/or unjust vexation.
MARQUEZ sternly advised the barangay officials THAT:
THERE IS NO NATIONAL LAW that restricts the number of pet animals that any PRIVATE INDIVIDUAL (including RESCUER), or HOUSEHOLD, can own or keep, within the confines of his/her premises, notwithstanding in a RESIDENTIAL AREA, provided the person or household observes and/or complies with the relevant national statutes, and their respective Implementing Rules and Regulations (IRRs) and supplemental legislations, policies and issuances.
It is not even an issue of, or relevant to, “NUMBER” or “SPACE” or “CAGES,” "WHETHER EFFECTING RESCUES," or "WHETHER ASKING DONATIONS, " since the bottom line has always been “ANIMAL WELFARE” -- whether a person or household has ONE, or TEN, a HUNDRED, or a THOUSAND companion animals -- THERE IS NO NATIONAL LAW that IMPOSES A RESTRICTION on the number of pets that any private individual, or household, can own or keep, PROVIDED that they are MAINTAINED WITHIN THE THE PREMISES of the person or household, and PROVIDED FURTHER that the private individual, or household:
(1) GUARANTEEES the FIVE BASIC FREEDOMS of ANIMALS under Section 6 of R.A. No. 8485, the Animal Welfare Act of 1998, as amended by R.A. No. 10631,
(2) COMPLIES with the RESPONSIBILITIES of a pet owner under R.A. 9482, the Anti-Rabies Act of 2007,
(3) DOES NOT CAUSE NUISANCE to the COMMUNITY as defined under Chapter 19 (Nuisance and Offensive Trades and Occupations) of Presidential Decree No. 856 , Code on Sanitation of the Philippines, i.e. NOT CAUSING any of the following:
(a) OBJECTIONABLE ODOR emanating from pets, and their f***s and urine, emitted into public areas or neighboring premises,
(b) EXCESSIVE NOISE from relentless dog barking that disturbs the neighbors or community, and
(c) SOLID & LIQUID WASTE associated with pets (noxious matter such as f***s and urine, related refuse and/or wastewater from the cleaning thereof) being DISCHARGED IMPROPERLY into the streets or neighboring premises.
NOTE THAT ANY NUISANCE COMPLAINT must be validated or substantiated only by the CITY/MUNICIPAL HEALTH OFFICE SANITATION Department, as sole mandated agency.
THE THREE LAWS MENTIONED ABOVE SERVE AS BASIS FOR DUE PROCESS to determine whether or not a PET OWNER OR RESCUER is RESPONSIBLE or CAPABLE.
THEREFORE, it is a deprivation of the RIGHT to DUE PROCESS under the Philippine Constitution (Bill of Rights Article III Section 1) of the pet owner or rescuer to ARBITRARILY IMPOSE A CEILING on the NUMBER of pets that he/she may own or take care of, regardless of whether or not he/she is engaged in rescuing and asking for donations.
UNLESS the PET OWNER or RESCUER voluntarily applies, he/she MAY NOT BE CLASSIFIED as ANIMAL FACILITY (associated with trade) and MAY NOT BE COMPELLED to secure BAI Registration and Mayor's Permit, PROVIDED he/she does not engage in trade or fee/income-generating livelihood, such as:
1. buying/selling of live pets
2. adoption for a fee
3. stud/mating service for fee
4. K-9 security services
5. pet training for fee
6. pets in tourist photo ops
7. pets in transportation for fare
8. pets in movies/circus for fee
9. pets in entertainment for fee
AS LONG AS (a) THERE IS NO SUCH THING as LICENSED RESCUER PROFESSION regulated by the PRC, and (b) he/she does register as a NON-PROFIT CORPORATION, a RESCUER may not be required to secure license or permit. Moreover, DONATIONS may not be treated as income.
FORTUNATELY, DIPLOMACY PREVAILS after MARQUEZ talked to the concerned Kagawad, Purok Leader, Barangay Officials, and owners of the property.
PLEASE HELP RANDY MIJARES SUPPORT THE SUSTENANCE AND HEALTH OF HER RESCUES AND IMPROVEMENT OF THE KENNELS AND PLAYGROUND.
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1. TO REPORT:
a. ANIMAL CRUELTY INCIDENTS
b. OPPRESSIVE ORDINANCES
c. UNLAWFUL HOA PET POLICIES,
2. IF YOU NEED LEGAL ASSISTANCE OR CONSULTATIONS ON ANIMAL WELFARE CASES,
3. TO ADDRESS NUISANCE COMPLAINTS BY NEIGHBORS TO HOA, BARANGAY OR CITY/MUNICIPALITY,
PLEASE MESSAGE/TEXT/CALL:
NORMAN CORDERO MARQUEZ
Animal Welfare Advocate
Smart 0999 674 9666
Globe 0915 617 2992
Dito 0994 877 5767
Smart 0939 804 4272
Also on Viber, WhatsAp & Telegram
email:
[email protected]
[email protected]
Please be reminded that Norman Marquez is not a donor of financial support but a donor of invaluable free legal assistance and advice. He also needs funds to travel to the locations of crimes and local government concerns, while assisting mostly the non-viral, indigent pet owners and complainants.
