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Bulacan court convicts man for Animal Welfare violation

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A Bulacan resident was found guilty of violating the Animal Welfare Act of 1998 when he failed to bring a dog he had adopted to a veterinarian despite knowing his pet was sick.

In an 11-page decision released in late December, Judge Edmond Lorenzo of the Municipal Trial Court of Santa Maria, Bulacan found Mark Conrad Nepomuceno guilty beyond reasonable doubt for the neglect of “Cash,” a dog earlier rescued by the non-government organization Save Animals of Love and Light (Save ALL).

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Nepomuceno was fined P50,000 with subsidiary imprisonment in case of insolvency and failure to pay the fine.

The decision said Nepomuceno “failed to exercise reasonable steps to prevent death of the dog named Cash.”

“It was not enough for him to say that he was busy with his work which has allowed Cash to suffer his death. For these reasons, the prosecution was able to establish beyond reasonable doubt that the accused was neglectful of this dog named Cash. Consequently, accused conviction follows as a consequence,” the court said.

Save ALL welcomed the decision.

“This decision serves as a reminder that neglecting to care for our pets is punishable under the law. We hope this would help promote awareness and a culture of care and concern for our pets who should be treated humanely,” Save ALL founder Desiree Carlos said.

Carlos said Save ALL helps adopters when needed, including assistance in paying medical costs when needed. However, they were not informed of the actual condition of “Cash.”

In December 2014, Assistant Provincial Prosecutor Anna Maria Angela Garcia filed a case  against Nepomuceno for violating the AWA.

The court decision cited Rule 6.7 of the implementing rules and regulations of the AWA on the responsibilities of pet owners and handlers: “Owners of animals and/or persons in charge, responsible for animals are required to take all reasonable steps to ensure that the physical, health, and behavioral needs of the animals are met in accordance with good practice and scientific knowledge.”

“They are also required to ensure that the animals receive, where practicable, treatment that alleviates any unreasonable or unnecessary pain or distress from which the animals are suffering. Pet Owners, handlers and/or those who have animals under their care and custody are mandated to practice and abide by the principles of responsible pet ownership.”

As to two other adopted dogs — “Blackie” and “Potchie,” the court ruled that the prosecution failed to establish neglect.

Nepomuceno earlier claimed Blackie was in his parent’s house in San Rafael but later informed the complainants through Facebook that the dog went missing as early as July 29, 2014. He also adopted “Potchie,” who was rescued from the streets of Mandaluyong on April 6, 2014.

“Accused testified that when he noticed Cash showing signs of weakness in the morning of his death, he gave him first aid like water plus sugar. He did not consider bringing Cash to the veterinarian for check-up because the typhoon had just passed by, and the vet med was closed,” the court ruling said.

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