'Subjecting Killua to such cruelty and maltreatment will never be justified,' the prosecutors say in their resolution indicting barangay tanod Anthony Solares

MANILA, Philippines – Local prosecutors have approved the filing of a criminal case against the barangay tanod who allegedly killed golden retriever Killua in March.

In a resolution dated May 24 but was provided to Rappler by the Philippine Animal Welfare Society (PAWS) on Saturday, June 22, prosecutors had indicted barangay tanod Anthony Solares under the Animal Welfare Act of 1998.

The resolution was signed by Prosecutor Wilhenry Villar and approved by Provincial Prosecutor Richard Cu of the Camarines Sur Prosecutor’s Office.

The indictment means that the prosecution will now file the case with the court. A person found guilty of animal abuse under the said law shall be imprisoned for one year, six months, and one day as minimum, up to two years, and/or be fined not exceeding P100,000.

Killua’s killing went viral in March and gained widespread condemnation from Filipinos. In indicting Solares, the prosecutors said the manner in which Killua was allegedly killed by the barangay tanod sustains a probable cause or strong reason to charge Solares for the alleged crime.

The prosecutors said the closed circuit television (CCTV) footage showed that Killua was chased by Solares, who was armed with a piece of wood. Although the dog was already evading Solares, he still teased and chased the dog, the prosecutors said, adding that it was clear that the respondent hit the dog’s head several times, which led to Killua’s death.

Solares defended his act by claiming that Killua bit him and attacked several others, but the prosecutor said “such fact does not justify” the dog’s killing. According to the prosecutors, the respondent should have looked for the dog’s owner and reported the incident to the barangay as a tanod.

“The dog may have caused trouble or inconvenience in the neighborhood and tested positive for rabies, but still there are proper and lawful ways to manage the situation. Subjecting Killua to such cruelty and maltreatment will never be justified,” the prosecutor said.

Meanwhile, the prosecutors junked the other complaint filed against Solares under the Anti-Rabies Act of 2007 for lack of sufficient evidence.

“It must be shown that Killua was killed for the purpose of selling his meat. The fact that respondent owns a store selling viands and the allegation that the dog was found at the place of a certain Ibanez is not sufficient proof that respondent is engaged in the business of dog meat trading,” the prosecutors explained.

In March, CCTV footage captured the moment when Solares chased and hit Killua. Later, Vina Rachelle Mary Arazas, Killua’s owner, found her dog’s lifeless body inside a sack.

In the same month, Arazas and PAWS executive director Anna Cabrera filed the complaints against Solares. PAWS earlier told Rappler that it has a 95%-98% conviction rate in cases it has handled.

Aside from the animal abuse complaint, PAWS said it had filed a complaint in relation to the anti-rabies act because Solares allegedly brought the dog to a “known slaughterhouse and dog meat cooking area,” adding that “Solares owns a karinderya business, which sells meat viands near the dog slaughter area.”

At the height of Killua’s killing, various pro-animal groups weighed in on the issue and reiterated that there were proper ways to handle animals. PAWS told Rappler in an interview that the best way to control an animal is to seek help from the city or town’s veterinary office since it was the authorized body to deal with such situations. – Rappler.com