By Joseph B.A. Marzan
The Iloilo City Legal Office (CLO) last week recommended the filing of administrative charges against City Veterinarian Tomas Forteza and eight other persons for the killing of 11 stray dogs at Brgy. Navais in Mandurriao district last July.
In an August 2 investigation report submitted by lawyers Joseph Edward Areño and Lloni Viterbo, Forteza and members of the team from his office were found to have skirted provisions of the following laws:
-Republic Act No. 8485 (Animal Welfare Act of 1998);
-Republic Act No. 11332 (Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act);
-Republic Act No. 9482 (Anti-Rabies Act); and
-Regulation Ordinance No. 97-042 (creating the Iloilo City Pound).
The report stated that Forteza erred in alleging that there was a rabies emergency in Brgy. Navais, saying that it was the power of the City Health Office, and not of the City Veterinarian’s Office, to determine if a rabies outbreak existed in the area.
The report likewise emphasized that the complaint which led to the veterinary office’s actions were merely on the presence of the stray dogs themselves, and not of rabies nor rabid dogs.
It also stated that Forteza and his team failed to do proper documentation on the impounding of the stray dogs in compliance with Rep. Act No. 11332.
“Apart from his statements made during the conference and letter-explanation to the City Mayor, no other evidence was offered nor submitted by him in support of or to justify the said claim,” the CLO report said.
The report also said that Forteza likewise failed to prove that the dogs being complained of were “dangerous, suffering from pain or discomfort or diagnosed with a disease.”
This was against Rule 9(2).1 of the Implementing Rules and regulations of Rep. Act No. 9482, which provided for the following cases where immediate euthanasia or mercy killing was allowed:
-If the dog was dangerous to retain;
-Suffering from pain or discomfort; and
-Diagnosed with a contagious and highly communicable disease either to humans or animals.
It added that in accordance with Reg. Ord. No. 97-042, as amended by Reg. Ord No. 2018-024, the apprehended dogs should have been impounded for 3 days at the city pound, and even if they had rabies, they should have been isolated and observed accordingly.
Apart from Forteza, the report also implicated Restituto Ebrada, Junivel Sampiano, Joseph Sebreño, Raymund Rovido, Lito Amonador, Elanger Suating, Julio Forteza, and Markwel Clamor, who were members of the operation team conducting the July 20 capture and eventual killing of the dogs.
The killings captured national attention when it was referred to an animal advocacy group, after it was found that one of the dogs was not actually a stray dog but belonged to one of the residents.
