Relevant Legislation

Act No. 154-2008

For more than ten years, Puerto Rico has had an advanced statute for the protection and promotion of animal welfare: Act No. 154-2008, as amended, better known as the “Act for Animal Welfare and Protection.”

This law criminalizes and punishes abusive actions with rigorous penalties between six months and 15 years in prison. This encompasses acts such as abandonment, confinement, abuse, neglect, poisoning, animal fights, and the transport of animals in such ways that cause the animal unnecessary suffering.

This law, which repealed the old Animal Protection Act of 1973, identifies pets as a fundamental part of our lives and, as such, recognizes that animals are living, feeling entities that are worthy of humane treatment.

Civil Code of 2020

On November 28, 2020, a new Civil Code will enter into force. It replaces the current one which, even with its numerous amendments, has been in force for 88 years. The new legislation is the product of the rigorous study of the Permanent Joint Commission for the Revision and Reform of the Civil Code of Puerto Rico, which was constituted to produce a bill adjusted to the social and economic realities of our times.

The new code contains several articles that, in summary, establish the duties of people with respect to domestic and domesticated animals, lists the processes for the retention and custody of lost animals, and, finally, it establishes the process that the court must follow for the judicial adjudication of the duties of protection and care, in the event of separation or divorce of the family that shares the care of the animal, if there is no agreement between the parties.

The new code defines domestic and domesticated animals as sentient beings, excluding them from the definition of goods or things and providing that they are not subject to seizure. Therefore, it prevents them from being subject to involuntary appropriation by creditors.

The welfare and physical safety of the animal are the two elements that prevail in establishing the duties that people must observe when treating domestic and domesticated animals. On the other hand, they are also the criteria that the court will observe when awarding custody and determining economic contributions to satisfy their basic needs, in the event of separation or divorce from the family that shares their company.

We have avant-garde legislation when it comes to animal welfare, and it is our duty as citizens to denounce the mistreatment of animals and thereby make this law effective. The Santuario de Animales San Francisco de Asís applauds and supports any legislative initiative aimed at promoting the welfare and protection of pets.

Legal Disclaimer: The Santuario de Animales San Francisco de Asís, Inc. cannot provide legal advice, nor act as an attorney for individuals or organizations. One of our goals is to provide information and resources to the community so that they can solve problems that may be related to abuse, adoptions, overpopulation control, animal care, animal health and others. No information presented here should be considered or interpreted as legal advice.