HOUSE

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
1st Regular Session

25

House Bill No.

REPRESENTATIVES
RECEIVED

3.0 JUN 2016
ae

REGISTRATION UNIT
BILLS AND INDEX SERVICE

Introduced by Hon. Francis Gerald Aguinaldo Abaya

EXPLANATORY NOTE

The Science Act of 1958 (Republic Act No. 2067) created the Philippine
‘Atomic Energy Commission (PAEC). Among many other promoting-functions of
the PAEC, two duties are mentioned in the regulatory area

- to issue rules and regulations for the protection of its personnel and
the general public and to undertake their enforcement, and
- to issue licenses for the use of radioactive material

In an amendment of 1963 (Republic Act No, 3589) these regulatory duties
were singled out and placed under a separate article which also specifies that
“No person may manufacture, produce, transport, acquire, own possess, import
or export any radioactive material except in pursuance of a license issued in
accordance with this Act.”

In anticipation of the worldwide utilization of nuclear power plants, a
specific act was drawn up, the Atomic Energy Regulatory and Liability Act of
1968 (Republic Act No. 5207). With this Act, the previous Acts are somewhat
redundant in the area of nuclear installations. When contracts were drawn up for
the delivery and construction of the first nuclear power plant, a pressurized water
reactor of US origin, certain sections of the Atomic Energy Regulatory and
Liability Act of 1968 on limited indemnity had to be amended by Presidential
Decree No. 1484 (11 June 1977)

In 1987, the Philippine Nuclear Research Institute (PNRI), formerly the
PAEC, was reorganized and placed under the Department of Science &
Technology (DOST) by Executive Order No. 128 of the new government
(Reorganizing the National Science and Technology Authority). The dual role of
promotion and control of the peaceful use of atomic energy was maintained in
the PNRI functions. The PNRI is currently the only RDI (Research and
Development Institute) under the DOST with quasi-judicial functions. The
Department of Justice then opined as a result of subsequent PNRI
communications seeking specific clarification that PNRI has the same scope of
work with corresponding responsibilities and authority as the former PAEC
Moreover, the PNRI also operates nuclear facilities which are exempted from
licensing by the law which created it. Since the beginning, PNRI laboratories and


nuclear facilities have never been subjected to regulatory control and licensing
to ensure that international standards of nuclear safety are complied with

In arelated development in 1977, the Radiation Health Office (RHO), later
renamed Radiation Health Service (RHS), now the Bureau of Health Devices
and Technology (BHDT) was created in the Department of Health (DOH) through
Presidential Decree 480 as amended by PD 1372 to control and regulate x-rays
and other electrically generated radiation devices, among others. The effective
implementation of a national radiation control program for ionizing radiation
entails much closer coordination, collaboration and harmonization of standards
of two regulatory bodies (PNRI & BHDT) currently under two different line
departments (DOST & DOH) who are both operators of radiation devices and
nuclear facilities. Technological advances in medical imaging incorporates the
use of radioactive materials and electrically generated radiation in one machine
and can cause undue burden to medical users in having to deal with two separate
regulatory authorities

At present, several Acts, Decrees and Orders appear to be operative.
Earlier actions were not always repealed or revoked when new decisions were
put in force. This fragmentation has resulted in differences in interpretation of the
scope, responsibility, and authority of the regulatory bodies between the
subsequent acts, decrees, and orders.

According to its legal mandate, the PNRI is presently performing both
regulatory and promoting functions. Although it was a common approach in the
early 1960's of nuclear energy application and nuclear power development to
have a regulatory body attached to some form of atomic energy organization,
present internationally recognized safety principles require that the regulatory
body be effectively independent of the organization charged with the promotion
or utilization of nuclear energy. Even allowing for constitutional differences and
approached between countries, it is imperative to provide the legislative basis for
an independent unified nuclear regulatory body in the Philippines. This new
legislation proposes, among others, to encompass the relocation of all regulatory
activities presently performed in the PNRI under DOST and those in the BHDT
under DOH, which are specific to ionizing radiation regulation; to a position within
the governmental organizational structure, such as the Office of the President,
that guarantees that controlling functions of a regulatory body are separate
from the promoting functions.

Representative, FirsDjstfict, Cavite


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House BillNo. 25

Introduced by Hon. Francis Gerald Aguinaldo Abaya

AN ACT PROVIDING FOR A COMPREHENSIVE NUCLEAR REGULATION,
CREATING FOR THE PURPOSE, THE PHILIPPINE NUCLEAR REGULATORY
COMMISSION, AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

ARTICLE | - GENERAL PROVISIONS
SECTION 1, Short Title. —This Act shall be known as the “Comprehensive Nuclear

Regulation Act”

SECTION 2. Declaration of Policy. ~ It is hereby declared to be the policy of the

State to:

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Harness the peaceful uses of nuclear energy that can provide important benefits in
many fields, including health and medicine, energy production, scientific research,
agriculture, industry, and education;

Recognize the potentially harmful effects of ionizing radiation that could result from
improper use, accidents, and/or malicious acts;

Protect individuals, society and the environment from the potentially harmful effects
of ionizing radiation, including those that could result from improper use, accidents or
malicious acts;

Establish and maintain a legal and regulatory framework for the regulation and
control of peaceful uses involving radiation sources, nuclear material and any other
radioactive material;

Manage radioactive waste in a manner that protects current and future generations
from undue impacts; and

Establish and maintain a legal and regulatory framework for implementing effective
measures to prevent, detect and respond to unauthorized acts involving nuclear


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material, other radioactive sources or associated facilities that may cause injury to
persons, property or the environment or otherwise jeopardize national security.
SECTION 3. Objectives. —The objectives of this Act are:

To provide a legal framework that adequately protects public health and safety and
the environment against the harmful effects of ionizing radiation, and for the safety
and security of radiation sources;

To establish the Philippine Nuclear Regulatory Commission (PNRC), hereinafter
referred to as the Commission, for the purpose of exercising regulatory control over
the peaceful uses of ionizing radiation in the territory or under the jurisdiction or
control of the Republic of the Philippines anywhere, including, but not limited to the
production, possession, use, import, transport, transfer, handling and management
of radioactive materials, or any other activities or practices identified by the
Commission;

To establish and maintain a regulatory system for the formulation and/or adaptation
of regulations and guides that specify the principles, requirements and associated
criteria for safety and security upon which regulatory judgments, decisions and
actions are based; and

To enable the Philippines to fulfil its obligations under relevant international
instruments entered into by the Philippines, in particular, the Treaty on the Non-
Proliferation of Nuclear Weapons (NPT); the Treaty on Southeast Asia Nuclear
Weapon-Free Zone; Comprehensive Test Ban Treaty; the Agreement between the
Philippines and the Intemational Atomic Energy Agency (IAEA) for the Application of
Safeguards in Connection with the NPT (the Safeguards Agreement);Additional
Protocol to Safeguards Agreement; Vienna Convention on Civil Liability for Nuclear
Damage; Agreement on the Privileges and Immunities of the IAEA; Convention on
the Physical Protection of Nuclear Material, UN Resolutions on Nuclear Security, and
other relevant international instruments entered into by the Republic of the
Philippines.

SECTION 4. Scope. -

This Act shall apply to all activities and practices involving ionizing radiation sources,
including nuclear and other radioactive materials, facilities and radiation generating
equipment.

This Act shall not apply to activities or practices involving exposures that have been
exempted from regulatory control through regulations established by the
Commission

SECTION 5. Definitions. — As used in this Act:

Activity refers to the amount of radionuclide in a given energy state at a given time;

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Activities refer to the production, manufacture, distribution, sale, acquisition,
ownership, possession, import, export, handling, use, transport, and transfer of
nuclear and radioactive materials; siting, construction, operation, and
decommissioning of facilities; management of radioactive waste; mining and
processing of radioactive ores; and such other activities as the Commission shall
from time to time determine;

Authorization refers to a permission granted by the Commission to a person who
has submitted an application involving nuclear and radioactive materials and
facilities, and ionizing radiation generating equipment. The authorization can take the
form of a notification, a registration, or a license;

Commission refers to the Philippine Nuclear Regulatory Commission (PNRC), as
the nuclear regulatory body for purposes of this Act;

Decommissioning refers to the administrative and technical actions taken to allow
the removal of some or all of the regulatory controls from a facility to ensure the long
term protection of the public and the environment, and typically include reducing the
levels of residual radio nuclides in the materials and on the site of the facility so that
the materials can be safely recycled, reused or disposed of as exempt waste or as
radioactive waste and the site can be released for unrestricted use or otherwise
reused;

Emergency plan refers to a description of the objectives, policy and concept of
operations for the response to an emergency and of the structure, authorities and
responsibilities for a systematic, coordinated and effective response. The emergency
plan serves as the basis for the development of other plans, procedures and
checklists;

Emergency preparedness refers to the capability to take actions that will effectively
mitigate the consequences of an emergency for human health and safety, quality of
life, property, and the environment;

Emergency response refers to the performance of actions to mitigate the
consequences of an emergency for human health and safety, quality of life, property,
and the environment;

Exclusion refers to the deliberate exclusion of a particular category of exposure from
the scope of an instrument of regulatory control on the grounds that it is not
considered amenable to control through the regulatory instrument in question.
Exemption refers to the determination by a Commission that a source or practice
need not be subject to some or all aspects of regulatory control on the basis that the

exposure (including potential exposure) due to the source or practice is too small to.


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warrant the application of those aspects or that this is the optimum option for

protection irrespective of the actual level of the doses or risks;

Facilities refer to nuclear installations or radiation facilities in which people may be

exposed to ionizing radiation. These include:

1) uranium mining and raw material processing facilities such as uranium mines;

2) enrichment and fuel manufacturing plants;

3) nuclear power plants;

4) other reactors such as research reactors and critical assemblies;

5) spent fuel reprocessing plants;

6) radioactive waste management facilities;

7) radiation generator installations and facilities;

8) irradiation installations;

9) nuclear and radiation facilities for medical, industrial, research and education
purposes; and

10) such other facilities as the Commission shall determine from time to time;

Facility operators or operators refer to any organization or person applying for

authorization or authorized and/ or responsible for nuclear, radiation, radioactive

waste or transport safety when undertaking activities or in relation to any nuclear

facilities or sources of ionizing radiation. This includes, inter alia, private individuals,

governmental bodies, consignors or carriers, licensees, hospitals, self-employed

persons, etc.;

Income refers to the fees and other payments given to the Commission in the

conduct of its regulatory functions;

Individual operator refers to any individual who manipulates the controls of a

nuclear installation and radiation facility;

Installation operator or Operator refers to any person, organization, or government

entity licensed or authorized to undertake the operation of a nuclear or radiation

facility;

Institute refers to the Philippine Nuclear Research Institute;

Ionizing radiation refers to electromagnetic or particulate radiation capable of

producing ion pairs directly or indirectly;

Ionizing radiation sources refer to nuclear and other radioactive materials facilities

and radiation generating equipment;

License refers to a legal document issued by the Commission granting authorization

to perform specified activities related to facilities or activities; or any authorization

granted by the Commission to the applicant to have the responsibility for the siting,


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design, construction, commissioning, operation or decommissioning of a nuclear
installation;
Licensee refers to the authorized person who is a holder of a valid license granted
for a practice or source who has recognized rights and duties for the practice or
source, particularly in relation to protection and safety; or an organization having
overall responsibility for facilities or activities;
Natural sources refer to naturally occurring sources of radiation, such as the sun
and stars (sources of cosmic radiation) and rocks and soil (terrestrial sources of
radiation);
Nuclear accident refers to any unintended event, including operating errors,
equipment failures and other mishaps, the consequences or potential consequences
of which are not negligible from the point of view of protection or safety;
Nuclear damage refers to loss of life, any personal injury or any loss, or damage to,
or loss of use of property, which arises out of or results from the radioactive, toxic,
explosive or other hazardous properties, or any combination thereof, of nuclear fuel
or radioactive products or any waste in, or of nuclear materials coming from,
originating in, or sent to, a nuclear installation or from the ionizing radiation emitted
by any other sources of radiation inside a nuclear installation. Personal injury
includes any physical or mental injury, sickness or disease, death whether caused
directly by a physical trauma or otherwise;

Nuclear incident refers to any occurrence or series of occurrences having the same

origin which causes nuclear damage or, but only with respect to preventive

measures, creates a grave and imminent threat of causing such damage;

‘Nuclear installation refers to any of the following:

1) a nuclear reactor for research or production of nuclear materials for industrial or
medical use (including critical and sub-critical assemblies);

2) a plant for preparing or storing fuel for use in a nuclear reactor as described in
paragraph (1);

3) a nuclear waste storage or disposal facility with an activity that is greater than the
activity level prescribed by regulations made for the purposes of this law;

4) a facility for production of radioisotopes with an activity that is greater than the
activity level prescribed by regulations made for the purposes of law this section;
and

5) any other facility that is prescribed for the development, production or use of
nuclear energy or the production, possession or use of a nuclear substance,
prescribed equipment or prescribed information;

Nuclear material refers to:


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1) nuclear fuel, other than natural uranium and depleted uranium, capable of
producing eneray by a self-sustaining chain process of nuclear fission outside
a nuclear reactor, either alone or in combination with some other materials;
and
2) Plutonium except that with isotopic concentration exceeding 80% in
plutonium-238; uranium-233; uranium enriched in the isotope 235 or 233;
uranium containing the mixture of isotopes as occurring in nature other than
in the form of ore or ore residue; any material containing one or more of the
foregoing;
Nuclear or radiological emergency refers to a non-routine situation that
necessitates prompt action primarily to mitigate a hazard due to (a) The energy
resulting from a nuclear chain reaction or from the decay of the products of a chain
reaction; or (b) Radiation exposure or adverse consequences for human health and
safety, quality of life, property or the environment;
Nuclear safety refers to the achievement of proper operating conditions of nuclear
installations, proper handling and use of nuclear material, prevention of accidents or
mitigation of consequences of accidents resulting in protection of workers, the public,
and the environment from undue radiation hazards;
Official Gazette refers to the official journal of the Philippine government where this
‘Act and the Commission's regulations may be published; the journal reports all
laws, actions and decisions issued by the government and other information on
things such as hearing and tribunals, proposed changes and any thing else the
government feels should be told to the public;
Person refers to (1) Any individual, organization, corporation, partnership, firm,
association, trust, estate, public or private institution, group, political or administrative
entity or other person designated in accordance with national legislation, who or
which has responsibility and authority for any action taken under this Act; and (2) any
legal successor, representative, agent, or agency of the foregoing;
Physical protection refers to technical and organizational measures for protection of
nuclear material or authorized facilities designed to prevent unauthorized access with
nuclear installations, nuclear materials and other radioactive materials;
Practices refer to activities that introduce additional sources of exposure or exposure
pathways or extends exposure to additional people or modifies the network of
exposure pathways from existing sources, so as to increase the exposure or the
likelihood of exposure of people or the number of people exposed;


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Radiation facility refers to a facility that utilizes radioactive materials; particle
accelerator facility; and other such facility that the Commission shall determine from
time to time;

Radiation generating equipment or radiation generator refers to an equipment or
device that generates ionizing radiation when energized (e.g., x-ray generating
equipment) or that would, if assembled or repaired, be capable of producing ionizing
radiation when energized or an equipment as the Commission shall from time to time
determine;

Radiation protection refers to the protection of people and the environment from the
harmful effects of ionizing radiation;

Radiation source refers to a radiation generator, or a radioactive source or other
radioactive material outside the nuclear fuel cycles of research and power reactors;
Radioactive material refers to any material designated in national law or by a
regulatory body as being subject to regulatory control because of its radioactivity
which includes sealed and unsealed sources and radioactive waste;

Radioactive source refers to a radioactive material permanently sealed in a capsule
or closely bonded and in a solid form and which is not exempt from regulatory
control. This also includes any radioactive material released if the radioactive source
is leaking or broken, but does not include material encapsulated for disposal, or
nuclear material within the nuclear fuel cycles of research and power reactors;
Radioactive waste refers to waste substances, objects or equipment for which no
further use is foreseen by their owner, with a radionuclide content or surface
radionuclide contamination exceeding values permitting their discharge into the
environment, these values shall be set out in an implementing regulation;
Radioactive waste disposal refers to a permanent emplacement of radioactive
waste into areas, facilities or installation without the intention of its retrieval;
Radioactive waste and spent fuel storage refers tothe holding of radioactive
sources, spent fuel or of radioactive waste in a facility that provides for theirlits
containment, with the intention of retrieval;

Radionuclide refers to an unstable form of a chemical element that radioactively
decays, resulting in the emission of nuclear radiation;

Registrant refers to the holder of a current registration;

Registration refers to a form of authorization for practices of low or moderate risks
whereby the person responsible for the practice has prepared and submitted a safety
assessment of the facilities and equipment to the Commission and has complied with
the legal requirements. The requirements for safety assessment and the conditions


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or limitations applied to the practice should be less severe than those for licensing
Typical practices that are amenable to registration are those for which

(1) safety can largely be ensured by the design of the facilities and equipment;

(2) the operating procedures are simple to follow;

(3) the safety training requirements are minimal; and

(4) there is a history of few problems with safety in operations;

Regulatory Body refers to an organization designated by the government as having
legal authority for exercising regulatory control with respect to ionizing radiation
sources, including issuing authorizations, and thereby regulating one or more
aspects of the safety or security of radioactive sources.

Safeguards refer to measures undertaken to ensure that the nuclear material, non-
nuclear material, services, equipment, facilities, information and certain items are not
used for the manufacture of nuclear weapons or any other nuclear explosive devices
or to further any military purpose;

Safety refers to measures intended to minimize the likelihood of accidents involving
radiation sources, nuclear material and their associated facilities;

Security refers to the prevention and detection of and response to, theft, sabotage,
unauthorized access, illegal transfer or other malicious acts involving nuclear
material, other radioactive substances or their associated facilities;

Source refers to anything that may cause radiation exposure — such as by emitting
ionizing radiation or by releasing radioactive substances or material — and can be
treated as a single entity for protection and safety purposes;

Special Drawing Right, hereinafter referred to as SDR, refers to the unit of account
defined by the International Monetary Fund and used by it for its own operations and
transactions;

Special fissionable materials refer toPlutonium-239, Uranium-233, Uranium
enriched in the isotopes 235 or 233 and materials containing one or more of the
foregoing in concentration or amount exceeding values established by the
Commission;

Spent Nuclear Fue! refers to nuclear fuel that has been irradiated in and
permanently removed from a reactor core; and

Technical and Scientific Support Organization refers to external organization or
experts who are not part of the Commission's permanent staff from whom the
Commission may seek advice or recommendations in the conduct of its regulatory
responsibilities


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ARTICLE II - THE PHILIPPINE NUCLEAR REGULATORY COMMISSION

SECTION 6. Creation of the Philippine Nuclear Regulatory Commission.—There
is hereby created the Philippine Nuclear Regulatory Commission (PNRC), hereinafter
referred to as the Commission, that shall been attached agency of the Department of
Science and Technology for policy direction, coordination, technical and administrative
supervision,

SECTION 7. Mandate of the Commission. - The Commission shall exercise
authority over all aspects of safety, security and safeguards involving nuclear materials and
other radioactive materials, facilities and radiation generating equipment.

SECTION 8. Regulatory Policy of the PNRC. — In issuing authorizations and
regulations under this Act, the Commission shall
(a) __ Impose the minimum requirements to protect the health and safety of the public and

the environment, and ensure the security of ionizing radiation sources;

(b) Prevent the spread of nuclear weapons and prevent nuclear or radiological terrorism
consistent with the obligations of the Philippines under relevant international
instruments;

(c) Establish and implement regulations consistent with relevant international standards
and best practices; and

(d) Ensure that operators are technically and financially qualified to engage in the
proposed activities in accordance with the requirements of this Act and the
Commission's regulations, and has financial protection to fulfil obligations on liability
for nuclear and radiation damage.

SECTION 9. Functions of the PNRC. — The Commission shall
(a) Define and formulate policies, regulations, standards, and other issuances as a basis

for its regulatory actions on nuclear and radiation safety, security and safeguards;

(b) Develop and issue regulations and standards, regulatory guides and other
documents necessary for the implementation of this Act and its implementing rules
and regulations;

(c) Issue, amend and revoke rules, regulations and orders pertaining to the financial
capability of operators to cover liability for nuclear damage;

(d) Establish and implement a system of authorization in the form of notification,
registration, and licensing, including modifications, amendments, suspension and
revocation of such authorizations;

(e) Review and assess submissions on safety assessments and security plans from the
facility operators prior to authorization and periodically thereafter, as required

(f) Inspect, monitor and assess activities and practices to ensure compliance with
applicable regulations, and the terms and conditions of authorizations;

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Take enforcement measures as provided for under Section 21 of this Act in the
event of non-compliance with applicable regulations or the terms and conditions of
authorizations;

Define exemptions and exclusions from regulatory control;

Ensure the application of safety, safeguard and security requirements consistent with
national and international commitments;

Hold hearings and conduct investigations, and for these purposes, administer oaths
and affirmations and issue subpoenas to any person to appear and testify, or to
appear and produce documents at any designated time and place;

Cooperate with other governmental or non-governmental bodies having competence
in such areas as health and safety, environmental protection, security and
transportation of nuclear and related dangerous goods;

Cooperate with and act as the national competent authority on nuclear safety,
security and regulatory matters for the IAEA, foreign governments, ministries,
departments, and agencies, relevant regional and international organizations,
including law enforcement and intelligence agencies;

Participate in relevant regional and international conferences related to safety,
security and safeguards of nuclear and other radioactive materials and safety of
radiation generating equipment;

Obtain experts’ advice and opinions necessary to perform its functions, including the
hiring of consultants, contracting of specific projects, or establishing Technical and
Scientific Support Organizations (TSOs) or ad hoc advisory bodies;

Cooperate with other relevant government agencies to establish and maintain a
national radiological emergency preparedness and response plan;

Carry out or contract research activities on radiation safety and security;

Establish appropriate mechanisms and procedures for informing and consulting the
public and other stakeholders about the regulatory process and the safety, health
and environmental aspects of regulated activities and practices, including in
incidents, accidents and abnormal occurrences;

Establish and maintain a national register of radiation sources;

Establish and maintain a national register of persons authorized to carry out activities
or practices under this law;

Cooperate with the IAEA in the application of safeguards in accordance with the
Safeguards Agreement, and any protocols thereto, between the Republic of the
Philippines and the IAEA, including conducting inspections and visits, carrying out
complementary access and providing any assistance or information required by
designated IAEA inspectors in the fulfillment of their responsibilities;

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(4) Establish and maintain a State System of Accounting for and Control of nuclear
material and a national system for the registration of licenses for nuclear material,
and to establish the necessary reporting and record keeping and requirements
pursuant to the Safeguards Agreement, and any protocols thereto, between [name of
State] and the IAEA;

(v) Perform such other relevant functions necessary to implement the provisions of this
Act
Nothing in this Act shall preclude the authorized agents of the Department of National

Defense and other law enforcement agencies to conduct inspections of atomic energy

facilities, materials or any activity jointly with the authorized representatives of the

Commission when the national security of the state is involved.

SECTION 10. Management System. — The Commission shall establish,
implement, and assess a management system that is aligned with its safety goals and
contributes to its achievement, The Commission shall ensure that regulatory control is stable
and consistent.

SECTION 11. Organizational Structure of the Commission. ~ The Commission
shall be headed by a Commissioner who shall be appointed by the President for a term of
five (5) years with a rank equivalent to an Undersecretary, The Commissioner shall be
assisted by two Associate Commissioners who shall be appointed by the President with a
term of four (4) years and three (3) years respectively. Thereafter, the successors shall be
appointed for five (5) years,

The commissioner or at least one (1) of the two (2) associate commissioners shall
have the necessary scientific and technical qualifications, preferably an advanced degree in
natural sciences or engineering or a broad professional background in any of the said fields.

The Commissioner shall not be removed from service for political considerations, but
for just cause which includes misconduct, demonstrated lack of competence, unlawful
behavior, inability to perform assigned duties, and the like.

The head of the Commission shall draw up its organizational structure to be
submitted to the Department Secretary for approval.

For the proper management and effective implementation of the objectives of the
Commission, an Executive Director shall be appointed by the President upon the
recommendation of the Commission, and shall perform the following functions
(a) Assist the Commissioner in the discharge of his functions as executive and

administrative head of the Commission;

(b) Coordinate and direct the activities of the staff and is responsible for the day-
to-day management of the affairs and activities of the Commission;


(c) Recommend and develop plans to achieve the Commission's objectives,

(a) Provide secretariat services to the Commission; and

(e) Perform such other relevant functions necessary to implement the provisions
of this Act.

SECTION 12. Use of Income. - The budget of the Commission, based on an
annual appropriation from Congress, shall ensure that the Commission has the financial and
human resources necessary to fulfil its assigned responsibilities under this Act.

The Commission shall also be authorized to’

(a) Charge and collect reasonable fees in the performance of its regulatory functions,
provided that such fees shall be imposed by regulation on the basis of such
published criteria as the Commission deems appropriate; and

(b) Use 100% of its income, donations, bequests, grants, and all sums which may be
appropriated for upgrading its physical and human resources, for the conduct of its
activities, and for augmentation of its budget in case of shortfalls.

SECTION13. Technical and Scientific Support Organizations. - The Commission
is authorized to seek expert opinion and recommendations from independent technical and
scientific support organizations whose technical advice will not have conflict of interest or
improper influence on its regulatory decision making. Any advice offered shall not relieve the
Commission of its responsibilities under this Act, other relevant laws and applicable
regulations

SECTION 14, Establishment of an Advisory Board. - Upon the recommendation
of the Commission, the Department of Science and Technology shall establish an advisory
board to assist and advise the Commission on the safety and security matters arising from
the use of nuclear and radioactive materials and from the operation of nuclear installations
and radiation facilities, and on regulations applicable to such authorizations. The advisory
board shall be composed of experts from other government agencies or from the academia
and/or non-Government entities or both, not exceeding eleven (11) in number: Provided,
however, that the Commission shall have the final decision and responsibility with respect to
such matters.

ARTICLEIIl - REGULATION AND AUTHORIZATION OF NUCLEAR INSTALLATIONS
AND RADIATION FACILITIES
SECTION 15. Requirement for Authorization. —
(a) Any person who intends to engage in an activity or practice shall submit a notification
to the Commission of its intention to carry out such activity or practice in the form and
within the time limits required by the Commission.


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(b)

No authorization to acquire, own, or operate any nuclear installations and radiation
facilities shall be issued to an alien, or any corporation or other entity which is owned
‘or controlled by an alien, a foreign corporation, or a foreign government. For
purposes of this Act, a corporation or entity is not owned or controlled by an alien, a
foreign corporation of a foreign government if at least sixty percent (60%) of its
capital stock is owned by Filipino citizens.

SECTION 16. Activities Subject to Authorization. — It shall be unlawful for any

person to transfer, construct, receive, own, possess, operate, import or export any nuclear

installations and radiation facilities except under an authorization issued by the Commission

under this Act. A person or organization shall be required specific authorization issued by the

Commission under this Act to conduct any of the following activities:

(a)

(b)

(e)

7)
(9)

Transfer, receive, acquire, own, possess, or use nuclear or radioactive material for
medical, industrial, agricultural and research applications;

Manufacture and distribute of radioactive materials or products containing radioactive
materials to other licensees or persons exempt from the requirements for a license;
Produce of radioactive materials from particle accelerators;

Operate nuclear installations and ionizing radiation facilities for research, commercial
power, and other purposes;

Site, construct, commission, operate, dismantle, decommission, close radioactive
waste management facilities;

Transport of nuclear or radioactive materials to, within, and from the Philippines; and
Engage in or providing nuclear technical services.

SECTION 17. Licensing Process and Conditions for Issuance of Authorization.

— The Commission shall provide for the licensing process and the conditions for issuance of
authorization specified in the Implementing Rules and Regulations issued under this Act.

(a)

(c)

SECTION 18. Responsibilities of the Authorized Person. —

Any person authorized to conduct activities or practices shall have the primary
responsibility for the safe and secure conduct of those activities or practices and for
ensuring compliance with this Act and all applicable regulatory requirements and
conditions of the authorization related to those activities or practices.

Any person authorized to conduct activities or practices shall provide the
Commission with any requested assistance in the performance of its regulatory
functions,

‘Any person ceasing authorized activities or practices shall inform the Commission
prior to the cessation of those activities or practices

SECTION 19. Provisional Authorization. — In all cases of application for

authorization to construct a facility, if the Commission finds that, on the basis of the technical

13


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information and data so far made available to it, there is reasonable assurance that the
proposed facility can be constructed and operated at the proposed location without undue
risk to the health, safety and security of the public and the environment, the Commission
shall initially issue a provisional license to the applicant. Such a provisional authorization
may be granted even if the information on health, safety, and security then available is less
than would be needed for an authorization to operate provided that the Commission is
satisfied that there is reasonable assurance that questions of health, safety, and security will
be so resolved as to warrant the issuance of an authorization to operate the facility

However, the provisional authorization provided herein shall not exceed one (1) year.
SECTION 20. Additional Requirements in Case of Nuclear Installation for

Commercial Power: Exemptions. - Nothing in this Act shall be construed to exempt the

operator of a nuclear facility designed primarily for the generation of electricity for

commercial purposes, from complying with other requirements provided by existing laws,
such as securing a franchise, a certificate of public convenience and necessity, obtaining
approval for rates and services and others, from the appropriate agency having jurisdiction:

Provided, however, that upon certification by the Commission, importations of nuclear fuel

for use in these facilities shall be free from all taxes and duties in accordance with incentives

under the pertinent provisions of the Board of Investment (BOI) Act.
SECTION 21. Inspections and Enforcement. —

(a) The Commission shall implement a system of inspection of nuclear and radiation
facilities and transport, through regulations issued under this Act, to verify
compliance with the applicable requirements and conditions of any authorization
issued under Section 16

(b) The Commission shall implement a system of verification of the safety and security of
nuclear and other radioactive material through safety and security assessments,
monitoring and verification of compliance with any authorization issued under Section
16; inspections; and the maintenance of appropriate records by licensees. The
verification system shall be provided for in the regulations issued under this Act.

(c) Where the Commission has established that any person has committed a violation of
relevant nuclear safety, security and safeguards regulations issued under this Act,
the conditions of an authorization issued under Section 16, or other requirements that
do not constitute a criminal offense under Sections [57 and 58] of this Act, the
Commission may impose by order any of the following penalties in conformity with
the proceedings provided for in Section 22:suspension,modification, and revocation
of authorization, or imposition of a civil monetary penalty.

SECTION 22. Suspension, Modification, and Revocation of Authorizations. —

‘Any authorization issued pursuant to this Act may be suspended, modified or revoked by the

14


‘Commission in the event of a willful violation of its conditions, when circumstances in which
the public interest, health, safety, or security so requires, when the conditions under which it
was issue dare no longer complied with, or in any circumstance that continued activity under
the authorization shall pose an unacceptable risk to people or the environment. Provided,
That the licensee shall have been accorded an opportunity to demonstrate or achieve
compliance with the requirements. In all instances, the Commission shall provide information
to the public on the procedures and requirements for suspension, modification, renewal,
revocation or relinquishment of authorizations

No authorization shall be transferred, assigned, encumbered, or in any manner
disposed of, either voluntarily, or involuntarily, directly or indirectly, unless the Commission
shall, after securing full information, find that such transfer, assignment, encumbrance, or
other disposition is in accordance with the purposes and provisions of this Act and shall give
its consent in writing

Upon the suspension, revocation, or expiration of an authorization which is not
renewed, and pursuant to Commission order, the licensee shall be required to take such
measures as may be necessary to protect the health and safety of the public, and the
environment from the harmful effects of radiation, and ensure security of radioactive material
and facilities.

‘Whenever practicable, the Commission may take temporary custody of any nuclear
and other radioactive material and facilities held by the licensee pending their appropriate
and lawful disposition by or for the licensee.

ARTICLE IV — RADIATION PROTECTION

SECTION 23. Regulatory Control to Ensure Radiation Safety. -

(a) The Commission shall take the appropriate steps to ensure that

(1) No activity or practice shall be authorized unless it produces sufficient benefit to
the exposed person or to the society in a manner that offsets the radiation harm
that it may cause;

(2) The magnitude of individual doses, the number of persons exposed and the
likelihood of incurring exposures shall all be kept as low as reasonably
achievable, economic and social factors being taken into account; and

(3) No individual shall be exposed to ionizing radiation doses which exceed
prescribed national dose limits;

(b) The Commission shall establish dose limits for persons that may not be exceeded in
conducting activities under regulatory control

(c) The Commission shall identify sources or practices to be exempted from regulatory
control.


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7
18
19

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(a)

(9)

(c)

The Commission shall establish clearance levels below which radioactive material
within authorized activities and practices can be released from regulatory control.

The Commission shall maintain a national system for registration of licensees,
registrants, imported and exported selected items, and ionizing radiation sources.
The Commission shall ensure that authorized facilities maintain a record of exposure
of the public, patients, and of workers occupationally exposed to ionizing radiation at
their work

The Commission shall promulgate appropriate regulations and related guidelines to
address all issues and concerns related to exposure to ionizing radiation from natural
sources.

SECTION 24. Responsibilities of Authorized Persons in Radiation Protection. -
The authorized person shall bear the prime responsibility for ensuring the safety and
security of the facility and of all activities and practices associated with it.

Authorized persons shall ensure compliance with the requirements and dose limits
established by the Commission and shall ensure that radiation doses to workers and
the public, including doses from releases to the environment, are as low as
reasonably achievable, taking into account social and economic factors

Persons authorized to conduct activities utilizing ionizing radiation for medical
purposes shall ensure the overall patient protection and safety in the prescription of,
and during the delivery of, medical exposures.

ARTICLE V - EMERGENCY PREPAREDNESS AND RESPONSE
SECTION 25. Emergency Plan. - No authorization or license to conduct an activity

or practice, operate a facility or possess or use a source may be granted unless and until an

appropriate emergency preparedness and response plan has been developed by the

applicant and approved by the Commission

(a)

(b)

(°)

SECTION 26. Emergency Preparedness and Response. - The Commission shall:
Develop and maintain a national emergency plan for responding to potential nuclear
or radiological emergencies.

Coordinate the task of the radiological emergency response organization of the
Commission within the framework of the National Disaster Risk Reduction and
Management Council (NDRRMC) of the Department of National Defense in the event
of a nuclear and radiological emergency; and

Provide for the activities of an emergency response center and for an international
exchange of information on the radiation situation, consistent with the Philippines’
obligations under the Convention on Early Notification of a Nuclear Accident and the


Convention on Mutual Assistance in the Case of a Nuclear Accident or Radiological

Emergency

ARTICLE VI - TRANSPORT OF NUCLEAR AND OTHER RADIOACTIVE MATERIAL

SECTION 27. Regulation in the Transport of Nuclear and Other Radioactive
Material. - The Commission shall establish and implement safety and security requirements
for the transport of nuclear and other radioactive material to, from and within the jurisdiction
of the Philippines in coordination with relevant national government agencies and consistent
with the International Atomic Energy Agency (IAEA) regulations for the safe and secure
transport of radioactive material.

SECTION 28. Requirements for Authorization. — No person shall engage in the
transport of radioactive material without an authorization issued by the Commission.

ARTICLE VIl— IMPORT AND EXPORT OF NUCLEAR
AND OTHER RADIOACTIVE MATERIALS

SECTION 29. Export or Import Control. - The Commission shall:

(a) Establish regulatory requirements and relevant guides for the exportation and
importation of nuclear and other radioactive materials which require licensees, inter
alia:

(1) To secure an authorization from the Commission prior to export or import with
the assurance of applying safeguards and physical protection measures to
protect public health, safety and security;

(2) To ensure before import that the exporter has an authorization from the
Competent Authority of the exporting country to export such materials to the
Philippines in accordance with laws and regulations of that country; and

(3) To ensure before export that the importing country has the appropriate technical
and administrative capability, resources and regulatory infrastructure needed for
the safe and secure management of the requested nuclear and other radioactive
material, particularly disused sources; and

(b) Coordinate with relevant agencies of government and establish appropriate formal
mechanisms for coordination to effectively implement these import/export control
measures for nuclear and other radioactive material including devices that produce
ionizing radiation.

ARTICLE Vill - MANAGEMENT OF SPENT NUCLEAR FUEL AND OTHER
RADIOACTIVE WASTE


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SECTION 30. Regulation of Radioactive Waste and Spent Nuclear Fuel

Management. - To ensure the safe and secure management of radioactive waste and spent

fuel, the Commission shall establish:

(a)

(b)
()

(a)

(b)

(d)

Applicable safety and security requirements and regulations for the protection of
people and the environment from adverse impacts of radioactive waste and spent
fuel management activities;

A system of authorization of radioactive waste and spent fuel management activities;
A system of regulatory inspection, documentation and reporting for radioactive waste
and spent fuel management activities, and in the case of disposal, a system of
institutional control; and

‘A system of enforcement to ensure compliance with applicable regulations and the
terms and conditions of authorizations for radioactive waste and spent fuel

management activities.

ARTICLE IX - SAFEGUARDS, PHYSICAL PROTECTION AND SECURITY
SECTION 31. Safeguards. — The Commission shall

Maintain a system of accounting for and control of nuclear materials and establish
requirements for accounting for and methods for control of nuclear material;

Fulfill the Philippines’ obligation to the Non-Proliferation Treaty, the Safeguards
‘Agreement, and related international treaties, conventions, agreements and
protocols thereto;

Ensure unimpeded access by designated IAEA inspectors and duly authorized
representatives of the Philippine government agencies to any location or facility
provided for under the Safeguards Agreement and any protocols thereto, with a view
to conducting the verification activities authorized by these instruments; and

Ensure full cooperation and support to the IAEA by all national government agencies
and authorized persons in the application of safeguards measures.

SECTION 32. Physical Protection and security of nuclear and other radioactive

material. —

(a)

(b)

The Commission shall have the authority to issue regulations under this Act to
implement effective measures to prevent, detect and respond to unauthorized acts
involving nuclear and other radioactive material that may cause injury to persons,
property or the environment in the Republic of the Philippines or otherwise jeopardize
national security.

The Commission shall establish requirements under the regulations issued under this
‘Act for the physical protection of nuclear material, and shall fulfill the Republic of the
Philippines’ obligations as a party to the Convention on the Physical Protection of

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15
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17
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Nuclear Material, the Amendment thereto, and other international treaties and
conventions.

(c) The Commission shall also have the authority under this Act to issue regulations for
the protection of individuals, society and the environment from the deleterious effects
of radioactive sources.

(4) The Commission shall also have the authority under this Act to coordinate with the
relevant agencies of government and seek international cooperation to effectively
implement these security measures.

ARTICLE X - ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW

SECTION 33. Notice and Conduct of Hearing. -

In any proceeding under this Act for the grant, suspension, revocation or amendment
of any authorization, or upon the issuance of an order, the Commission shall hold a
hearing upon the request of any person whose interest may be affected and shall admit
such person as a party to the proceeding.

The hearings of the Commission may be open to the public and relevant
stakeholders, except where warranted by considerations of security, national defense or
proprietary matters.

Except in cases where immediate action is required in order to protect the health and
safety of the public or the national interest, no order issued under Section 22shall become
effective until after the licensee has had notice for a hearing and opportunity to be heard.

Where an order suspending, revoking or modifying an authorization, or an order

issued under Section 22 is made effective without prior notice for a hearing and opportunity
to be heard, the order shall only be temporary pending the hearing and issuance of the
Commission's final decision in the proceeding.

SECTION 34. Orders and Decisions. - All orders and decisions of the Commission
shall be in writing, stating clearly and distinctly the facts and issues involved and the reasons
‘on which the Commission's order or decision is based, and shall be made available to the
public,

SECTION 36. Judicial Review. ~ The Court of Appeals is hereby given the power of
judicial review over any final order or decision of the Commission rendered under Section 34
and shall modify or set aside such order or decision when it clearly appears that there was
no evidence before the Commission to support reasonably such order or decision, or that the
same is contrary to law. Any such final decision or order may be reviewed by the Court of
Appeals on the application of any party or other person affected thereby, by certiorari in
appropriate cases, or by petition for review, in accordance with the Rules of Court, within
such period as the Commission may rule or prescribe but not exceeding thirty days from

19


notice of such order or decision. An appeal shall not suspend the grant of authorization, but
shall maintain the suspension or revocation of authorization until after the final disposition of
the appeal by the Court of Appeals, unless said Court determines otherwise. Only questions
of law on such order or decision may be reviewed by the Supreme Court,

SECTION 36. Notice of Regulation. — No regulation adopted by the Commission
shall be effective less than fifteen days after publication of the regulation in the Official
Gazette, except, that if the Commission finds that the health, safety, and security or the
national interest requires, the regulation may be made effective immediately upon
publication in the Official Gazette or upon furnishing copies of the regulation to the persons
affected

SECTION 37. Incident Reports. — No report by any licensee of any incident arising
out of or in connection with authorized activities made pursuant to any requirement of the
Commission shall be admitted as evidence in any suit or action for damages growing out of
any matter mentioned in such report.

ARTICLE XI — CIVIL LIABILITY FOR NUCLEAR AND RADIATION DAMAGE
SECTION 38. The Operator Liability. - The operator shall be liable for nuclear

damage upon proof that such damage has been caused by a nuclear incident:

(a) Inhis nuclear installation;

(b) Involving nuclear material coming from or originating in his nuclear installation, and
occurring:

(1) Before liability with regard to nuclear incidents involving the nuclear material
has been assumed, pursuant to the express terms of a contract in writing, by
another installation operator; or

(2) Inthe absence of such express terms, before another installation operator has
taken charge of the nuclear material,

(©) Involving nuclear material sent to his nuclear installation, and occurring

(1) After liability with regard to nuclear incidents involving the nuclear material has
been assumed by him, pursuant to the express terms of a contract in writing,
from another installation operator; or

(2) Inthe absence of such express terms, after he has taken charge of the nuclear
material: Provided, That if nuclear damage is caused by a nuclear incident
‘occurring in a nuclear installation and involving nuclear material stored therein
incidentally to the carriage of such material, the provisions of paragraph (a) of
this Section shall not apply where another installation operator or person is
solely liable pursuant to the provisions of paragraph (b) or (c) of this Section.

20


(e)

(c)

Any provision in this Section to the contrary notwithstanding, the installation operator
shall be liable for nuclear damage upon proof that such damage has been caused by
a nuclear accident involving nuclear material in the course of carriage:

(1) To a nuclear installation located in the territory of a state not party to an
international convention on civil liability for nuclear damage to which the
Philippines is a party; or

(2) To international transport between the Philippines and an operator in another
Contracting Party to the Vienna Convention.

Whenever both nuclear damage and damage other than nuclear damage have been
caused by a nuclear incident or jointly by a nuclear incident and one or more other
occurrences, such other damage shall, to the extent that it is not reasonably
separable from the nuclear damage be deemed, for purposes of this Act, to be
nuclear damage caused by that nuclear incident. Where, however, damage is caused
jointly by nuclear incident covered by this Section and by an emission of ionizing
radiation not covered by it, nothing in this Section shall limit or otherwise affect the
liability, either as regards any persons suffering nuclear damage or by way of
recourse or contribution, of any person who may be held liable in connection with that
emission of ionizing radiation.

SECTION 39. Absolute and Exclusive Liability. —

The liability of the installation operator for nuclear damage shall be absolute,

The installation operator shall not be liable for nuclear damage caused by a nuclear

incident directly due to a grave natural disaster of an exceptional character.

Except as otherwise provided in this Act, no person other than the installation

operator shall be liable for nuclear damage.

SECTION 40. Recourse Actions. — The installation operator shall have a right of

recourse only:

(a)

(b)

If there is such a right pursuant to the express provision of a written contract with the
other installation operator; or

If the nuclear incident results from an act or omission done with intent to cause
damage, against the individual who has acted or omitted to act with such intent
SECTION 41. Gross Negligence or Intentional Act of Claimant. - If the nuclear

damage resulted wholly or partly either from the gross negligence of the person suffering the

damage or from an act or omission of such person done with intent to cause damage, the

Court may relieve the installation operator from his obligation to pay compensation in respect

of the damage suffered by such person.

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SECTION 42. Exceptions to Liability. — No installation operator shall be liable for
any nuclear damage caused by a nuclear accident directly due to an act of armed conflict,
hostilities, civil war or insurrection.

SECTION 43, Limit of Liability. — The liability of the installation operator for
nuclear damage under this Act shall be limited to an amount in Philippine pesos which is
equivalent to 300 million Special Drawing Rights (SDRs) (roughly equivalent to 400 million
US dollars), for any one nuclear incident, exclusive of an interest or costs which may be
awarded by the Court in actions for compensation of such nuclear damage. The amount
maybe subject to change, as determined by the Commission, in accordance with
international conventions ratified by the Philippines.

SECTION 44. Exemption from Liability. — The installation operator shall not be
liable under this Act for nuclear damage:

(a) To the nuclear installation itself or to any property on the site of that installation which
is used or to be used in connection with that installation; or

(b) To the means of transport upon which the nuclear material involved was located at
the time of the nuclear incident.

SECTION 45. Exclusions. - The Commission may, if it determines that the small
extent of the risk involved so warrants, exclude by regulation any small quantities of nuclear
material from the application of the provisions in this Article XIII. Provided, That (a) maximum
limits for the exclusion of such quantities have been established by the Board of Governors
of the International Atomic Energy Agency; and (b) any exclusion must be within the limits so
established.

SECTION 46. Certificate to Carrier. — In accordance with such regulations as the
Commission may issue, the appropriate installation operator shall provide the carrier, which
furnishes carriage of nuclear material, with a certificate issued by or on behalf of the insurer
or other financial guarantor furnishing the financial security.

SECTION 47. Liability of Several Installation Operators. - Where nuclear damage
engages the liability of more than one installation operator, the following rules shall apply:

(a) In so far as damages attributable to each installation operator are not reasonably
separable, the installation operators involved shall be jointly and severally liable;

(b) In case the nuclear incident occurs in the course of carriage of nuclear material,
either in one and the same means of transport, or in the case of storage incidental to.
the carriage, in one and the same nuclear installation and causes nuclear damage
which engages the liability of more than one installation operator, the total liability
shall not exceed the highest amount applicable with respect to any one of them
pursuant to Section43 of this Act; and

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36
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(c) __ Inneither of the cases referred to in paragraphs (a) and (b) of this Section shall the
liability of any one installation operator exceed the amount established in
Section4shereof.

SECTION 48. Operator of Several Installations. — Subject to the provisions of
Section 47, where several nuclear installations of one and the same installation operator are
involved in one nuclear incident, such installation operator shall be liable in respect of each
nuclear installation involved up to the amount applicable with respect to him pursuant to
Section 43,

SECTION 49. Carrier or Handler of Nuclear Material as Installation Operator. ~
The Commission, subject to such terms and conditions as it may by regulation or order
prescribe, designate a carrier of nuclear material or a person handling radioactive waste, at
his request and with the consent of the installation operator concerned, as installation
operator in the place of that installation operator in respect of such nuclear material or
radioactive waste respectively. Upon such designation, such carrier or such person shall be
considered as an installation operator for the purpose of this Section

SECTION §0. Court Having Jurisdiction. — The Regional Trial Court having
jurisdiction over the place where the nuclear incident occurs shall have jurisdiction to
determine claims for compensation for such nuclear damage under this Act.

SECTION 51. Intervention of Commission in Court Proceedings. - When, after
the occurrence of a nuclear incident, it appears that the Government will have to pay
indemnity, the Court having jurisdiction over the claims for compensation arising from the
nuclear incident, shall allow the Commission, upon its petition, to intervene in the
proceedings with respect to technical issues, at any time before final judgment

SECTION 52. Compulsory Processes. ~ After the occurrence of a nuclear incident
for which it appears compensation may be payable under this Act, the Commission may
adopt such measures as may be appropriate to determine the persons who were or might
have been exposed to ionizing radiation resulting from such nuclear incident, which
measures may include a summons to such persons to submit themselves to examination
before such authority or body as shall be designated by the Commission within three (3)
months from the date of summons. In determining the amount of damages or the right to
recover damages, the Court may, in its discretion, take into account the inexcusable failure
of the claimant to fulfill or comply with the foregoing obligation

SECTION 53. Investigation of Nuclear Incidents. — The Commission shall make an
investigation of the cause and extent of any nuclear incident for which it appears
compensation may be payable under this Act and its finding shall be made available to the
public, to the parties involved and to the Courts.

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ARTICLE XII-TRANSITORY PROVISIONS
SECTION 54. The Philippine Nuclear Research Institute. —
The regulatory function of the of the Philippine Nuclear Research Institute hereinafter
referred to as the Institute, is hereby transferred to the Commission;
The development, promotion and use of nuclear energy for peaceful applications
shall remain the responsibility of the Institute, whereupon the Director of the Institute
shall draw up its new organizational structure to be submitted to the President
through the Department of Science & Technology Secretary for approval;
The Institute shall be the scientific nuclear organization in the country and continue to
function as one of the Research and Development Institutes of the Department of
Science and Technology, and continue its mandate to foster nuclear research and
development including nuclear safety research pursuant to the objectives of
Executive Order No. 128, series of 1987.
Under this Act, the Institute shall be allowed to use 100% of its income to augment
and hire additional human resources and upgrade its facilities.
The regulatory functions of the Institute which were inherited from the former
Philippine Atomic Energy Commission by virtue of R.A. No. 2067, as amended and
R.A. No. 5207, as amended, E.0. 128 and E.. 366 are deemed transferred to the
Commission
Previous regulatory issuances — alll regulations, rules, orders previously established
by the Philippine Nuclear Research Institute shall remain in force until superseded by
the Commission.
SECTION 55. The Center for Device Regulation, Radiation, Health and

Research. —

(a)

(b)

©

(d)

The regulatory functions of the Center for Device Regulation, Radiation, Health and
Research hereinafter referred to as the CDRRHR of the Department of Health over
devices generating ionizing radiation by virtue of R.A. 9711 are deemed transferred
to the Commission.

This Act shall in no way prevent the Department of Health or its line agencies from
imposing additional requirements for the regulation of medical and health-related
devices in the interest of public health and safety as provided for by law.

‘The Center for Device Regulation, Radiation, Health and Research shall remain with
the Department of Health.

Previous regulatory issuances — all regulations, rules, orders pertaining to ionizing
radiation previously established by the Center for Device Regulation, Radiation,
Health and Research shall remain in force until superseded by the Commission.


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SECTION 56. Human Resources. — All plantilla positions of the Nuclear Regulatory
Division of the PNRI, Department of Science and Technology (DOST) are hereby transferred
to the Commission. Thereafter, all powers, functions and duties, records, files, and assets
pertaining to regulation of nuclear and radioactive materials and facilities of the PNRI shall
be transferred to the Commission. All plantilla positions of the Radiation Regulation Division
of the Center for Device Regulation, Radiation, Health and Research (CDRRHR) of the
Department of Health (DOH) which have responsibilities solely in ionizing radiation
regulation are also hereby transferred to the Commission. Thereafter, all powers, functions
and duties, records, files, and assets of these organizational units shall be transferred to the
Commission

There shall be no diminution of rank, salaries, allowances and benefits of all
personnel transferred to the Commission. In case of a difference in the above benefits
between the transferred employees of the two agencies, the higher amount shall be
adopted. New employees of the Commission shall be entitled to the same allowances and
benefits as the transferred employees.

The head of the Commission shall draw up its organizational structure to be
submitted to the Department Secretary for approval.

ARTICLE. XIII - PENAL PROVISIONS

SECTION 57. Violation of Specific Provisions of the Act. - Any person who
willfully violates, attempts to violate, or conspires to violate, any provision of Section 16 of
this Act shall upon conviction thereof, suffer the penalty of imprisonment of not more than
five (5) years or a fine of not more than one million pesos (PHP 1,000,000.00) or both

SECTION 58. Violation of Other Provisions of this Act. ~ Any person who shall
willfully violate, attempt to violate, or conspire to violate any provisions of this Act for which
no penalty is specifically provided or of any regulation, order or authorization issued under
this Act shall, upon conviction thereof, suffer the penalty of imprisonment of not more than
two (2) years or a fine of not more than five hundred thousand pesos (PHP 500,000.00) or
both.

ARTICLE XIV — FINAL PROVISIONS
SECTION 59. Appropriations. — The amount needed for the initial implementation
of this Act shall be taken from the current year’s appropriations of the Nuclear Regulatory
Division of the PNRI and the licensing and regulatory group of the CDRRHR. Thereafter,
such sums as may be necessary for its continued implementation shall be included in the
annual General Appropriations Act.

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SECTION 60. Implementing Rules and Regulations. - The Commission, in
consultation with the DOST shall issue the rules and regulations necessary to implement the
provisions of this Act.

SECTION 61. Repealing Clause. - The pertinent provisions of Republic Act No.
2067 as amended, otherwise known as the Science Act of 1958, Republic Act No. 5207 as
amended, otherwise known as the Atomic Energy Regulatory and Liability Act of 1968,
Republic Act No, 9711 otherwise known as the Food and Drug Administration Act of 2009,
Executive Order No, 128 Series of 1987 on Reorganizing the National Science and
Technology Authority, rules and regulations and other issuances or parts thereof which are
inconsistent with this Act are hereby repealed, amended or modified accordingly.

SECTION 62. Separability Clause. - If any provision of this Act shall be declared
unconstitutional or invalid, the other provisions not otherwise affected shall remain in full
force and effect.

SECTION 63. Effectivity Clause. — This Act shall take effect fifteen (15) days from

its publication in the Official Gazette or in a newspaper of general circulation

Approved,