Impounding a Dog That Has Bitten People in the Philippines

A Comprehensive Legal Guide

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance on a specific case, consult a Philippine lawyer or the appropriate government office.

1. Overview

When a dog bites a person in the Philippines, two parallel concerns arise:

Public‑health control of rabies (a fatal but preventable disease), and
Accountability for injury (civil and, in some cases, criminal).

Impoundment—or temporary custody of the dog by government—serves both aims. The rules are anchored mainly on Republic Act (RA) 9482, the “Anti‑Rabies Act of 2007,” but several other statutes, administrative orders, and local ordinances fill in the details.

2. Core Legal Framework

Instrument	Scope Relevant to Impoundment
RA 9482 (Anti‑Rabies Act of 2007)	Section 5(c) & (g): LGUs must impound, observe, or quarantine biting dogs; Sec. 11 sets penalties for owners who refuse. Sec. 6: 10‑ to 14‑day observation for dogs that bite.
RA 8485 (Animal Welfare Act, as amended by RA 10631)	Humane handling, transport, and euthanasia standards for impounded or rabies‑positive dogs.
RA 7160 (Local Government Code)	Empowers cities/municipalities to enact animal‑control ordinances, levy fees, and operate dog pounds.
Department of Agriculture (DA) Administrative Orders e.g., AO No. 9‑2019, AO No. 10‑2015	Minimum standards for city/municipal dog pounds, vaccination protocols, and pound record‑keeping.
Department of Health (DOH) Administrative Orders e.g., AO No. 2019‑0009 (National Rabies Prevention and Control Program)	Defines Rabies Bite Management Flowchart; coordinates LGU, DOH, DA.
Barangay / City / Municipal Ordinances	Set specific fees, procedures, notice periods, and penalties (varies by LGU).

3. What Counts as a “Bite” and a “Dangerous Dog”?

Biting incident: Any puncture, scratch, or abrasion inflicted by a dog’s teeth on a human. Even a minor “Category II**” bite triggers mandatory reporting and observation.
Dangerous dog: Under many ordinances (often patterned on DA guidelines) a dog that has bitten at least twice or is rabies‑suspect may be labeled dangerous and subjected to stricter controls or euthanasia.

4. Immediate Steps After a Bite

Victim care: Wash wound with soap and running water for ≥15 minutes; seek post‑exposure prophylaxis (PEP) at an Animal Bite Treatment Center within 24 hours.
Report: Victim, health worker, or barangay official fills out the Bite Incident Report (BIR)—a standard DOH form.
Owner duty to confine:
- Within 24 hours of notification, the owner must confine the dog for 10‑14 days for rabies observation, either at home (if facilities allow) or in an LGU pound.
- Owner must shoulder vaccination, confinement, and veterinary costs.

Failure or refusal triggers LGU impoundment under RA 9482 § 5 (g).

5. Authority to Impound

5.1 Who may seize the dog?

City/Municipal Veterinarian or Animal Control Officer (ACO) deputized by the Mayor;
Barangay officials when expressly authorized by ordinance;
National Police, acting in aid of LGU personnel for public safety.

No court warrant is required when the dog is stray, at large, or poses an immediate threat—a police power exception recognized by the Supreme Court in public‑health contexts.

5.2 Grounds for impoundment

Dog bit a person and the owner fails to confine/observe.
Dog is stray (unaccompanied, unlicensed, or unvaccinated) in a rabies‑control zone.
Dog has escaped during the observation period or shows rabies symptoms.

6. Pound Quarantine & Observation Protocols

Phase	Standard Practice
Intake	Log in Pound Registry; physical exam; subcutaneous microchip/tag if available; administer anti‑rabies booster if vaccination status unknown.
Observation (10–14 days)	Daily vet check for rabies signs (agitation, excessive salivation, paralysis). Owner may visit but not remove the dog.
Outcome	1️⃣ Healthy at Day 14: Release to owner upon payment of fees and proof of updated vaccination/license. 2️⃣ Dies or shows rabies signs: Humane euthanasia; decapitation; brain sent to DOH Research Institute for Tropical Medicine (RITM) for DFA test. 3️⃣ Unclaimed after notice period (often 72 hours to 7 days, ordinance‑specific): dog may be adopted (after neuter/vaccination) or euthanized.

Humane euthanasia must follow RA 8485 rules (usually barbiturate overdose by a licensed vet).

7. Fees, Fines, and Owner’s Liability

Item	Typical Range (LGU‑dependent)
Impound fee (pickup + first day)	₱200–₱1 000
Daily board & care	₱50–₱150
Rabies vaccination & license	₱75–₱250
Microchipping (if required)	₱200–₱400
Neuter/spay deposit (adopted dog)	₱500–₱1 500

Administrative fine under RA 9482 § 11 for refusing to confine or surrender a biting dog: ₱10 000–₱25 000 plus possible imprisonment (1‑to‑6 months).

8. Civil & Criminal Consequences of the Bite

Civil Liability (Civil Code Art. 2183): Owners are “liable for damages caused by the animals” unless they prove they exercised proper diligence.
Criminal Negligence (Reckless Imprudence, Rev. Penal Code Art. 365): Possible if bite results in serious injury or death.
Special Penal Liability (RA 9482): Knowingly keeping a rabies‑positive dog or allowing it to roam is punishable by ₱25 000–₱50 000 and/or 1‑to‑4 years imprisonment.

9. Due‑Process Safeguards for Owners

While public safety prevails, an owner still enjoys administrative due process:

Notice of impoundment (often personal service + barangay posting).
Opportunity to redeem within a fixed period.
Right to contest euthanasia if dog is healthy. Some LGUs allow appeal to the Sangguniang Bayan/Panlungsod.
Receipts for all fees and the dog’s belongings.

Failing to claim the dog after notice is deemed abandonment, extinguishing ownership rights and allowing disposal by the pound.

10. Special Situations

Scenario	Key Points
Stray mass‑impoundment during Rabies‑Outbreak Declaration	Municipal mayor may order intensified capture of ALL unconfined dogs (RA 7160 emergency powers). Public notice required.
Dogs owned by foreigners/diplomats	Same public‑health rules apply; coordinate with DFA if property is diplomatic.
Working dogs (K‑9, guide dogs)	Usually exempt from licensing fees but not from quarantine if they bite. Agency responsible for costs.
Dog bit while provoked / in self‑defense	Does not excuse the owner from rabies‑control obligations, but may mitigate civil damages.

11. Enforcement Challenges & Best Practices

Resource gaps: Many LGU pounds are under‑staffed. Partnerships with NGOs (e.g., PAWS, CARA) improve adoption and vaccination coverage.
Community education: Barangay seminars on bite prevention and responsible pet ownership reduce incidents.
Data integration: Linking Bite Incident Reports with pet microchip registries speeds owner tracking.
Mobile vaccination drives: Prevent bites by meeting RA 9482 goal of 70 % dog vaccination coverage.

12. Procedural Flowchart (Textual)

Bite occurs → First‑aid & medical PEP
Report filed with Barangay/ABTC
Owner notified → must confine dog within 24 h
- If compliant: Home quarantine (10–14 days)
- If non‑compliant/stray: LGU impounds dog
Observation ends
- Dog healthy: Fees paid → release
- Dog rabies‑positive: Euthanize → lab confirmation
- Dog unclaimed: Disposal (adoption/euthanasia)
Victim pursues civil damages and/or criminal complaint (optional)

13. Conclusion

Impoundment of a dog that has bitten a person in the Philippines is not a punitive measure against the animal but a public‑health safeguard rooted in RA 9482 and reinforced by welfare, local‑government, and veterinary regulations. Owners who understand their legal duties—vaccination, licensing, confinement, and prompt payment of pound fees—protect not only the community but also their pets and themselves from steeper penalties.

By combining consistent enforcement, humane pound management, and community education, LGUs can sustain the national goal of eliminating human rabies deaths while upholding animal‑welfare standards.