EIGHTEENTH CONGRESS OF THE 
} 
REPUBLIC OF THE PHILIPPINES 
} 
F irst R e g u la r S essio n  
}
*' , r  
' 
'
• ,11i’
’19 JUL 17 P5 '•43
S E N A T E  
r M o
S.B. No. 
t O
RtCc.
Introduced by SENATOR VICENTE C. SOTTO III
AN ACT
PROVIDING FOR COMPREHENSIVE ATOMIC REGULATION, CREATING 
FOR THE PURPOSE THE PHILIPPINE ATOMIC REGULATORY 
COMMISSION, AND APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
This bill seeks to create a single, independent nuclear regulatory body 
for policy direction, coordination and technical supei*vision that is focused in 
the control and peaceful uses and application of nuclear energy in the 
country, to be known as the P hilippine N uclear R egulatory C om m ission 
(PNRC), under the D epartm ent of Science and Technology.
The Philippines through the leadership of the Philippine Nuclear 
Research Institute (PNRI) has been considering am endm ent to the RA 5207, 
Atomic Energy Regulatory Ss Liability Aet of 1968 which is 45 yrs. old. The 
prim ary purpose of this am endm ent would be to establish an independent 
and effective regulatoiy body and to reflect internationally acceptable 
practices as well as to ensure that the Philippine national legislative and


regulatory framework is consistent with the nation’s obligations under 
relevant international instrum ents.
Currently, as m andated by law, the PNRI perform s both prom otional 
and regulatory functions under the D epartm ent of Science and Technology 
(DOST). Given this dual responsibilities, thei'e has been increasing concerns 
on w hether the PNRI is effective and objective in regulating all nuclear and 
radioactive m aterials and activities in the country. The need for an 
independent organization, whose sole concern would be nuclear safety, 
safeguards and security, becomes appai'ent.
The proposed legislation will grant the formation of an independent 
regulatory framework that will decide on issues affecting public health and 
safety, protection of the environm ent, and nuclear security and safeguards, 
beyond the reach of entities with self-motivated interests. The resolution of 
these m ain issues within an autonom ous regulatory structure will generate 
in the public a higher level of tru st and confidence in the application of 
nuclear technologies. Such a m indset in the public is imperative for the 
continued and improved utilization of nuclear energy and radioactive 
m aterials in the countiy. The separation of PNRl’s regulatory functions from 
its prom otion and research functions is needed to elim inate the conflict of 
interests and underscores its independence in the discharge of its regulatory 
functions.
The proposed legislation will modernize the nuclear civil liability and 
com pensation regime in line with internationally-accepted levels. As 
proposed, the PNRC covers the areas of nuclear and radioactive m aterial 
applications and requires a w ell-structured legal framework necessary in 
m eeting the technical and m anagem ent standards. It also addresses all the 
gaps and om issions identified in the previous Act including physical 
protection, safeguards, nuclear security, nuclear/radiological emergency 
preparedness and response, radioactive w aste m anagem ent, licensing and


transport of nuclear/radioactive m aterials, including those nuclear facilities 
ow ned/operated by PNRI.
Moreover, 
the 
proposed 
establishm ent 
of the 
PNRC 
envisions 
harm onization with the nuclear regulatoiy infrastructure in m ost Member 
States of the International Atomic Energy Agency, especially in the Asia- 
Pacific region, such as China, Indonesia, South Korea, Jap an , Malaysia, 
Thailand, Pakistan, India, Australia, New Zealand, Singapore and Vietnam.
The imm ediate passage of this bill is therefore earnestly requested.
VICENTE/C. SOTTO III


EIGHTEENTH CONGRESS OF THE 
} 
REPUBLIC OF THE PHILIPPINES 
} 
F irst R e g u la r S essio n  
}
Oitii: c(i*)i
S E N A T E  
S.B. No.
r  ►*< Q
<u I O
'19 JUL 17 P5-43
RLC-.
Introduced by SENATOR VICENTE C. SOTTO III
AN ACT
PROVIDING FOR COMPREHENSIVE ATOMIC REGULATION, CREATING 
FOR THE PURPOSE THE PHILIPPINE ATOMIC REGULATORY 
COMMISSION, AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assem bled:
1 
ARTICLE I
2 
G eneral Provisions
3 
Section 1. Short Title. This Act shall be known as the “Com prehensive
4 
Atomic Regulation Act”.
5 
Sec. 2. Declaration of Policy. It is hereby declared to be the policy of
6 
the State to;
7 
(a) 
H arness the peaceful uses of nuclear energy that can provide
8 
im portant benefits in m any fields, including health and medicine,
9 
energy production, scientific research, agriculture, industry, and
10 
education;
11 
(b) 
Recognize the potentially harm ful effects of ionizing radiation
12 
resulting from im proper use, accidents, a n d /o r m alicious acts, as
13 
well as determ ine the doses of radiation for which these ill-effects
14 
disappear or become beneficial;


1 
(c) 
Protect individuals, 
society, 
and the environm ent 
from 
the
2 
potentially harm ful effects of ionizing radiation, including those
3 
resulting from improper use, accidents or m alicious acts;
4 
(d) 
Establish and m aintain a legal and regulatoiy framework for the
5 
regulation and control of peaceful uses involving radiation sources,
6 
nuclear m aterial, and any other radioactive material;
7 
(e) 
Manage radioactive waste in a m anner that protects current and
8 
future generations from undue im pacts; and
9 
(f) 
Establish and m aintain a legal and regulatory fram ework for
10 
im plem enting effective m easures to prevent, detect, and respond to
11 
unauthorized acts involving nuclear m aterial, 
other radioactive
12 
sources, or associated facilities that may cause injury to persons,
13 
pi'operty or 
the environm ent or othei*wise jeopardize 
national
14 
security.
15 
Sec. 3. Objectives. The objectives of this Act are:
16 
(a) 
To provide a legal framework that adequately protects public health
17 
and safety and the environm ent against the harm ful effects of
18 
ionizing radiation, and for 
the safety and security of radiation
19 
sources;
20 
(b) 
To establish the Philippine Atomic Regulatory Commission (PARC),
21 
for the purpose of exei'cising I'egulatoiy control over the peaceful
22 
uses of ionizing radiation in the territory or area under the
23 
jurisdiction or control of the Republic of the Philippines, including
24 
the 
production, 
possession, 
use, 
import, 
export, 
transport,
25 
transfer, handling, and m anagem ent of radioactive m aterials,
26 
nuclear m aterials or any other activities or practices identified by
27 
the PARC;
28 
(c) 
To establish and m aintain a regulatory system  for the form ulation
29 
a n d /o r adoption of regulations and guides on the use of ionizing
30 
radiation that specify the principles, requirem ents, and associated
31 
criteria for safety and security upon which regulatory judgm ents,
32 
decisions, and actions are based; 
and


1 
(d) 
To enable the Philippines to fulfill its obligations under relevant
2 
international 
instrum ents entered into 
by the Philippines, in
3 
particular, the Treaty on the Non-Proliferation of Nuclear W eapons
4 
(NPT); the Treaty on Southeast Asia Nuclear Weapon-F'ree Zone;
5 
Com prehensive Test Ban Treaty; the Agreement between the
6 
Philippines and the International Atomic Energy Agency (IAEA) for
7 
the Application of Safeguards in Connection with the NPT (the
8 
Safeguards 
Agreement); Additional Protocol 
to 
Safeguards
9 
Agreement; Vienna Convention on Civil Liability for Nuclear
10 
Damage; Agreement on the Privileges and Im m unities of the IAEA;
11 
Convention on the Physical Protection of Nuclear M aterial, UN
12 
Resolutions on Nuclear Security, and other relevant international
13 
instrum ents entered into by the Republic of the Philippines.
14 
(e) 
To take 
cognizant on the pending conventions signed by the
15 
Philippine Government such as the Am endment to the Convention
16 
on 
Physical 
Protection of 
Nuclear 
M aterials, 
International
17 
Convention on the Suppression of Acts of Nuclear Terrorism ,
18 
Convention on Nuclear Safety and Joint Convention on the Safety
19 
of Spent Fuel M anagement and on the Safety of Radioactive W aste
20 
M anagement.
21 
Sec. 4. Scope, Exemptions and Exclusion.
22 
(a) 
This 
Act shall apply to all activities and practices involving the
23 
peaceful uses of nuclear energy and other radioactive m aterials,
24 
facilities and radiation generating equipm ent.
25 
(b) 
This 
Act 
shall not apply to activities 
or practices involving
26 
exposures that have been excluded from regulatoiy control through
27 
regulations established by the PARC.
28 
(c) 
This 
Act shall not apply to regulations of sources of non-ionizing
29 
radiation.
30
Sec. 5. Definitions. As used in this Act:


1 
(a) 
A ctivity o r ra d io a c tiv ity  refers to the am ount of radionuclide
2 
produced in a given energy state at a given time;
3 
(b) 
A ctivities refer to the design, m anufacture, construction, import,
4 
export distribution, sale, loan, commissioning, use, operation,
5 
m aintenance, repair, transfer, decom missioning or possession of
6 
nuclear m aterials and radiation 
sources for industrial, 
energy
7 
production, education, research, agriculture and medical purposes;
8 
the transport of radioactive m aterials; the m ining and processing of
9 
radioactive ores; the closing down of associated facilities; the clean-
10 
up of sites affected by the residues from the past activities; and
11 
radioactive waste m anagem ent activities such as the discharge of
12 
effluents and such other activities as the PARC shall from time to
13 
time determ ine;
14 
(c) 
A tom ic refers to any process related to the atom , the basic
15 
building block of m atter;
16 
(d) 
A u th o riza tio n  refers to a written perm ission granted by the PARC
17 
to a person who has subm itted an application involving nuclear
18 
and radioactive m aterials and associated facilities, and ionizing
19 
radiation generating equipm ent. The authorization can take the
20 
form of a notification, a registration, or a license;
21 
(e) 
D ecom m issioning refers to the adm inistrative and technical
22 
actions taken to allow the removal of some or all of the regulatoiy
23 
controls from a facility to ensure the long term protection of the
24 
public and the environm ent, and typically include reducing the
25 
levels of residual radionuclides in the m aterials and on the site of
26 
the facility so that the m aterials can be safely recycled, reused or
27 
disposed of as exempt waste or as radioactive w aste and the site
28 
can be released for unrestricted use or otherwise reused;
29 
(f) 
E m ergency p la n  refers to a description of the objectives, policy,
30 
and concept of operations for the response to an emergency and of
31 
the structure, authorities and responsibilities for a system atic,
32 
coordinated and effective response. The emergency plan serves as


1 
the basis for the development of other plans, procedures and
2 
checklists;
3 
(g) 
E m ergency p re p a re d n e ss refers to the capability to take actions
4 
th at will effectively mitigate the consequences of an emergency for
5 
hum an health and safety, quality of life, property, and the
6 
environm ent;
7 
(h) 
E m ergency resp o n se refers to the perform ance of actions to
8 
mitigate the consequences of an emergency for hum an health and
9 
safety, quality of life, property, and the environm ent;
10 
(i) 
E x clu sio n  refers to the deliberate excluding of a particular
11 
categoiy of exposure from the scope of an instrum ent of regulatory
12 
control on the grounds that it is not considered am enable to
13 
regulatory control through the regulatoiy instrum ent in question.
14 
(j) 
E x em p tio n  refers to the determ ination by the PARC th at a source
15 
or practice need not be subject to some or all aspects of regulatoiy
16 
control on the basis that the exposure, including potential
17 
exposure due to the source or practice is too sm all to w arrant the
18 
application of those aspects or that this is the optim um  option for
19 
protection irrespective of the actual level of the doses or risks;
20 
(k) 
F a c ilitie s refer to nuclear installations or radiation facilities in
21 
which people may be exposed to ionizing radiation. These include:
22 
1. uranium  m ining and raw m aterial processing facilities such
23 
as uranium  mines;
24 
2. enrichm ent and fuel m anufacturing plants;
25 
3. nuclear power plants;
26 
4. other reactors such as research 
reactors and 
critical
27 
assem blies;
28 
5. spent fuel reprocessing plants;
29 
6. radioactive waste m anagem ent facilities;
30 
7. radiation generator installations and facilities;
31 
8. irradiation installations;
32 
9. nuclear and radiation facilities for medical, industrial,
33 
research and education purposes; and


1 
10. 
such other facilities as the PARC shall determ ine from
2 
time to time;
3 
(1) 
F a c ility  o p e ra to rs refer to any organization or person applying for
4 
authorization or authorized or responsible for nuclear, radiation,
5 
radioactive waste or transport safety when undertaking activities or
6 
in relation to any nuclear facilities or sources of ionizing radiation.
7 
This includes, inter alia, private individuals, governm ental bodies,
8 
consignors or carriers, licensees, hospitals, self-employed persons,
9 
etc.;
10 
(m) 
Incom e refers to the fees and other paym ents given to the PARC in
11 
the conduct of its regulatory functions;
12 
(n) 
In s ta lla tio n  
o p e ra to r refers 
to 
any 
person 
authorized 
to
13 
undertake the operation of a nuclear or radiation facility;
14 
(o) 
Io n izin g  
ra d ia tio n  refers to 
electrom agnetic or 
particulate
15 
radiation capable of producing ion pairs directly or indirectly;
16 
(p) 
L icense refers to a legal docum ent issued by the PARC granting
17 
authorization to perform specified activities related to facilities or
18 
activities;
19 
(q) 
L icensee refers to the authorized person who is a holder of a valid
20 
license granted for a practice or source who has recognized rights
21 
and duties for the practice or source, particularly in relation to
22 
protection 
and 
safety; 
or 
an 
organization 
having 
overall
23 
responsibility for facilities or activities;
24 
(r) 
N a tu ra l so u rces refer to naturally occurring sources of radiation,
25 
such as the sun and stars (sources of cosmic radiation) and rocks
26 
and soil (terrestrial sources of radiation);
27 
(s) 
N u clear a c c id e n t refers to any unintended event, including
28 
operating errors, equipm ent failures and other m ishaps, the
29 
consequences or potential consequences of which are not negligible
30 
from the point of view of protection or safety;
31 
(t) 
N u clear d a m a g e  refers to loss of life, any personal injury or any
32 
loss, or damage to, or loss of use of property, which arises out of or
33 
results from the radioactive, toxic, explosive or other hazardous


1 
properties, 
or any com bination 
thereof, 
of nuclear fuel or
2 
radioactive products or any waste in, or of nuclear m aterials
3 
coming from, originating in, or sent to, a nuclear installation or
4 
from the ionizing radiation emitted by any other sources of
5 
radiation inside a nuclear installation. Personal injury includes any
6 
physical or m ental injury, sickness or disease, death w hether
7 
caused directly by a physical traum a or otherwise;
8 
(u) 
N u clear in c id e n t refers to any occurrence or series of occurrences
9 
having the sam e origin which causes nuclear dam age or, but only
10 
with respect to preventive m easures, creates a grave and im m inent
11 
threat of causing such damage;
12 
(v) 
iVucZcar in sta H a tio n  refers to any of the following:
13 
1. A nuclear power plant;
14 
2. a  nuclear reactor for research or production of nuclear
15 
m aterials for industrial or medical use, including critical and
16 
sub-critical assem blies;
17 
3. a  plant for preparing or storing fuel for use in a nuclear
18 
reactor as described in paragraph (1);
19 
4. a nuclear waste storage or disposal facility with an activity
20 
that 
is greater 
than 
the 
activity 
level 
prescribed 
by
21 
regulations made for the purposes of this law;
22 
5. a facility for production of radioisotopes with an activity that
23 
is greater than the activity level prescribed by regulations
24 
m ade for the purposes of law this section; and
25 
6. any other facility that is prescribed for the development,
26 
production or use of nuclear energy or the production,
27 
possession or use of a nuclear substance, prescribed
28 
equipm ent or prescribed information;
29 
(w) 
N u clear m a te ria l refers to:
30 
1. nuclear fuel, other than natural uranium  and depleted
31 
uranium , capable of producing energy by a self-sustaining
32 
chain process of nuclear fission outside a nuclear reactor.


1 
either alone or in com bination with some other m aterials;
2 
and
3 
2. Plutonium  except that with isotopic concentration exceeding
4 
80%  in plutonium -238; uranium -233; uranium  enriched in
5 
the isotope 235 or 233; uranium  containing the m ixture of
6 
isotopes as occurring in nature other than in the form of ore
7 
or ore residue; any m aterial containing one or more of the
8 
foregoing;
9 
(x) 
N u clear 
o r rad io lo g ic a l em ergency refers to a non-routine
10 
situation that necessitates prom pt action primarily to mitigate a
11 
hazard due to (a) The energy resulting from a nuclear chain
12 
reaction or from the decay of the products of a chain reaction; or
13 
(b) Radiation exposure or adverse consequences for hum an health
14 
and safety, quality of life, property or the environm ent;
15 
(y) 
N u clear 
sa fe ty  refers to the achievem ent of proper operating
16 
conditions of nuclear installations, proper handling and use of
17 
nuclear 
m aterial, prevention 
of accidents 
or 
mitigation 
of
18 
consequences of accidents resulting in protection of workers, the
19 
public, and the environm ent from undue radiation hazards;
20 
(z) 
P erso n  refers to (1) Any 
individual, organization, corporation,
21 
partnership, firm, association, trust, estate, public or private
22 
institution, group, political or adm inistrative entity or other person
23 
designated in accordance with national legislation, who or which
24 
h as responsibility and authority for any action taken under this
25 
Act; and (2) any legal successor, representative, agent, or agency of
26 
the foregoing. It can also mean any individual who works, w hether
27 
full time, part time, temporarily, for a licensee and who has
28 
recognized 
rights and duties in 
the 
license 
in 
relation 
to
29 
occupational radiation protection;
30 
(aa) 
P h y sic a l p ro te c tio n  
refers 
to 
technical 
and 
organizational
31 
m easures for protection of nuclear m aterial or authorized facilities
32 
designed to prevent unauthorized access with nuclear installations,
33 
nuclear m aterials and other radioactive m aterials;
8


1 
(bb) 
P ra c tic e s refer to activities th at introduce additional sources of
2 
exposure or exposure pathw ays or extends exposure to additional
3 
people or modifies the network of exposure pathw ays from existing
4 
sources, so as to increase the exposure or the likelihood of
5 
exposure of people or the num ber of people exposed;
6 
(cc) 
R a d ia tio n  fa c ility  refers to a facility that utilizes radioactive
7 
m aterials; particle accelerator facility; and other such facility that
8 
the PARC shall determ ine from time to time;
9 
(dd) 
R a d ia tio n  g e n e ra tin g  eq u ip m en t o r ra d ia tio n  g e n e ra to r refers
10 
to an equipm ent or device that generates ionizing radiation when
11 
energized (e.g., x-ray generating equipment) or that would, if
12 
assem bled or repaired, be capable of producing ionizing radiation
13 
when energized as the PARC shall from time to time determ ine;
14 
(ee) 
R a d ia tio n  p ro te c tio n  refers to the protection of people and the
15 
environm ent from the harm ful effects of ionizing radiation;
16 
(ff) 
R a d ia tio n  so u rce refers to a radiation generator, or a radioactive
17 
source or other radioactive m aterial outside the nuclear fuel cycles
18 
of research and power reactors;
19 
(gg) 
R ad io activ e m a te ria l refers to any m aterial designated in
20 
national law or by PARC as being subject to regulatory control
21 
because of its radioactivity which includes sealed and unsealed
22 
sources and radioactive waste;
23 
(hh) 
R ad io activ e so u rce refers to a radioactive m aterial perm anently
24 
sealed in a capsule or closely bonded and in a solid form and which
25 
is not exem pt from regulatoiy control. This also includes any
26 
radioactive m aterial released if the radioactive source is leaking or
27 
broken, but does not include m aterial encapsulated for disposal, or
28 
nuclear m aterial within the nuclear fuel cycles of research and
29 
power reactors;
30 
(ii) 
R ad io activ e 
w aste refers 
to waste 
substances, 
objects or
31 
equipm ent for which no further use is foreseen by their owner, with
32 
a  radionuclide content or surface radionuclide contam ination


1
exceeding values perm itting their discharge into the environm ent,
2
these values shall be set out in an im plementing regulation;
3
Oj)
R ad io activ e w aste d isp o sa l refers to a perm anent em placem ent
4
of radioactive waste into areas, facilities or installation w ithout the
5
intention of its retrieval;
6
(kk)
R ad io activ e w aste a n d  sp e n t fu e l sto ra g e  refers to the holding
7
of radioactive sources, spent fuel or of radioactive waste in a facility
8
th at provides for th eir/its containm ent, with the intention of
9
retrieval;
10
(11)
R ad io n u clid e refers to an unstable form of a chem ical elem ent
11
that radioactively decays, resulting in the em ission of nuclear
12
radiation;
13
(mm) R e g istra n t refers to the holder of a current registration;
14
(nn)
R e g istra tio n  refers to a form of authorization for practices of low
15
or m oderate risks whereby the person responsible for the practice
16
has prepared and subm itted a safety assessm ent of the facilities
17
and equipm ent to the PARC and has complied with the legal
18
requirem ents. The requirem ents for safety assessm ent and the
19
conditions or lim itations applied to the practice should be less
20
severe than those for licensing. 
Typical practices th at are
21
am enable to registration are those for which:
22
1. safety can largely be ensured by the design of the facilities
23
and equipm ent;
24
2. the operating procedures are simple to follow;
25
3. the safety training requirem ents are minimal; and
26
4. there is a histoiy of few problem s with safety in operations;
27
(oo)
R eg u lato ry  B ody refers to the Philippine Atomic Regulatoiy
28
Commission;
29
(PP)
S a fe g u a rd s refer to m easures undertaken to ensure th at the
30
nuclear 
m aterial, 
non-nuclear m aterial, 
services, 
equipm ent.
31
facilities, information, and certain item s are not used for the
32
m anufacture of nuclear weapons or any other nuclear explosive
33
devices or to further any militaiy purpose;
10


1 
(qq) 
S a fety  refers to the protection of people and the environm ent
2 
against radiation risks, and the safety of facilities and activities
3 
that give rise to radiation risks;
4 
(rr) 
S e c u rity  refers to the prevention and detection of and response to,
5 
theft, sabotage, unauthorized access, illegal transfer or other
6 
m alicious acts 
involving 
nuclear 
m aterial, 
other 
radioactive
7 
substances or their associated facilities;
8 
(ss) 
S ource refers to anything that may cause radiation exposure such
9 
as by em itting ionizing radiation or by releasing radioactive
10 
substances or m aterial and can be treated as a single entity for
11 
protection and safety purposes;
12 
(tt) 
S p e c ia l D raw ing R ight, hereinafter referred to as SDR, refers to
13 
the unit of account defined by the International Monetary Fund
14 
and used by it for its own operations and transactions;
15 
(uu) 
S p ecial fissio n a b le  m a te ria ls refer to Plutonium -239, Uranium -
16 
233, U ranium  enriched in the isotopes 235 or 233 and m aterials
17 
containing one or more of the foregoing in concentration or am ount
18 
exceeding values established by the PARC;
19 
(vv) 
S p e n t fu e l 
refers to nuclear fuel that has been irradiated in and
20 
perm anently removed from a reactor core; and
21 
(ww) 
T ech n ical a n d  sc ien tific  su p p o rt o rg a n iz a tio n  refers to external
22 
organization or experts who are not part of the PARC’s perm anent
23 
staff from whom the PARC may seek advice or recom m endations in
24 
the conduct of its regulatoiy responsibilities.
25 
ARTICLE II
26 
T he P hilippine A tom ic R egulatory PARC
27 
Sec. 6. Creation and Mandate of the Philippine Atomic Regulatory
28 
Commission (PARC). There is hereby created an independent central nuclear
29 
regulatoiy body to be known as the
30 
Philippine Atomic Regulatory Commission (PARC) which shall exercise
31 
authority over all aspects of safety, security, and safeguards involving
I I


1 
nuclear m aterials and other radioactive m aterials, facilities and radiation
2 
generating equipm ent.
3 
Sec. 7. 
Regulatory Policy. 
In issuing authorizations and other
4 
regulations under this Act, the PARC shall:
5 
(a) 
Impose the m inim um  requirem ents to protect the health and safety
6 
of the public and the environm ent, and ensure the security of
7 
ionizing radiation sources;
8 
(b) 
Prevent the spread of nuclear weapons and prevent nuclear or
9 
radiological terrorism  consistent with the obligations of the
10 
Philippines under relevant international instrum ents;
11 
(c) 
Establish and im plement regulations, rules and orders consistent
12 
with relevant international standards and best practices; and
13 
(d) 
E nsure th at facility operators are technically and financially
14 
qualified to engage in the proposed activities in accordance with
15 
the requirem ents of this Act and the PARC’s regulations, and has
16 
financial protection to fulfill obligations on liability for nuclear and
17 
radiation dam age.
18 
Sec. 8. Functions of the PARC. The PARC shall:
19 
(a) 
Define, form ulate, develop and issue policies, regulations, orders
20 
and rules, standards, regulatoiy guides, and other issuances
21 
necessaiy for the im plem entation of this Act and its im plem enting
22 
rules and regulations;
23 
(b) 
Issue, am end, and revoke rules, regulations and orders pertaining
24 
to the financial capability of facility operators to cover liability for
25 
nuclear damage;
26 
(c) 
Establish and im plement a system  of authorization in the form of
27 
notification, registration, and 
licensing, including 
modifications,
28 
am endm ents, suspension, and revocation of such authorizations;
12


1 
(d) 
Review 
and assess subm issions on safety assessm ents and
2 
security plans from the facility operators prior to authorization and
3 
periodically thereafter, as required;
4 
(e) 
Inspect, monitor, and assess activities and practices ensure
5 
compliance with applicable regulations, and the term s and
6 
conditions of authorizations;
7 
(1) 
Take enforcem ent m easures as provided for under Section 21 of
8 
this Act in the event of non-com pliance with applicable regulations
9 
or the term s and conditions of authorizations;
10 
(g) 
Define exem ptions and exclusions from regulatoiy control;
11 
(h) 
E nsure 
the 
application 
of 
safety, safeguard 
and 
security
12 
requirem ents 
consistent 
with 
national 
and 
international
13 
com m itm ents;
14 
(i) 
Hold hearings and conduct investigations, and for these purposes,
15 
adm inister oaths and affirm ations and issue subpoenas to any
16 
person to appear and testify, or to appear and produce docum ents
17 
at any designated time and place;
18 
(j) 
Cooperate with and act as the national com petent authority on
19 
nuclear 
safety, 
security 
and 
regulatoiy 
m atters 
for 
the
20 
International Atomic Energy Agency (IAEA), foreign governm ents,
21 
m inistries, departm ents, and agencies, relevant regional and
22 
international 
organizations, 
including 
law 
enforcem ent 
and
23 
intelligence agencies;
24 
(k) 
Participate 
in 
relevant 
regional 
and 
international
25 
conferences/m eetings/w orkshops/sem inars/trainings 
related 
to
26 
safety, security, and safeguards of nuclear and other radioactive
27 
m aterials and safety of radiation generating equipm ent;
28 
(1) 
Obtain 
experts’ advice and opinions necessary to perform its
29 
functions, including the hiring of consultants, contracting of
30 
specific projects, or establishing Technical and Scientific Support
31 
O rganizations (TSOs) or ad hoc advisoiy bodies;
32 
(m) 
C onduct or contract out research activities on radiation safety and
33 
security;
13


3
4
5
6
7
8 
9
10 
I I 
12
13
14
15
16
17
18
19
20 
21 
22 
23
2
(n) 
Establish appropriate m echanism s and procedures for informing 
and consulting the public and other stakeholders about the 
regulatoiy process and the safety, health, and environm ental 
aspects of regulated activities and practices, including in incidents, 
accidents, and abnorm al occurrences;
(o) 
Establish and m aintain a national register of radiation sources;
(p) 
Establish and m aintain a national register of persons authorized to 
carry out activities or practices under this law;
(q) 
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, 
canying 
out 
com plem entaiy access and providing any assistance or information 
required by designated IAEA inspectors in the fulfillment of their 
responsibilities;
(r) 
Establish and m aintain a State System of Accounting for and 
Control of nuclear m aterial and a national system  for the 
registration of licenses for nuclear m aterial, and to establish the 
necessary 
reporting 
and 
record 
keeping 
and 
requirem ents 
p u rsu an t to the Safeguards Agreement, and any protocols thereto, 
between a State and the IAEA;
(s) 
Perform such other relevant functions necessary to im plem ent the 
provisions of this Act.
24 
Nothing in this Act shall preclude the authorized agents of the
25 
D epartm ent of National Defense and other law enforcem ent agencies to
26 
conduct inspections of atomic energy facilitiesy and m aterials or any
27 
activities jointly with the authorized representatives of the PARC when the
28 
national security of the State is involved.
29 
Sec. 9. M anagement System. The PARC shall establish, implement,
30 
and assess a m anagem ent system  that is aligned with its safety goals and
14


1 
contributes to its achievement. The PARC shall ensure th at regulatory
2 
control is stable and consistent.
3 
Sec. 10. 
Organizational Structure of the PARC. The PARC shall be
4 
headed by a Com m issioner who shall be appointed by the President for a
5 
term  of five (5) years with a rank equivalent to an Undersecretary. The
6 
Com m issioner shall be assisted by four (4) Deputy Com m issioner who shall
7 
be appointed by the President with a I'ank equivalent to A ssistant Secretary
8 
with a term  of five (5), four (4), three (3) and two (2) years, respectively.
9 
Thereafter, the successors shall be appointed for five (5) years. The four (4)
10 
deputy Com m issioners shall represent the following sectors: (a) health, (b)
11 
energy, (c) defense and security, and (d) industry which shall include
12 
research, 
industry, 
agriculture 
and 
environm ent. 
The 
Deputy
13 
Com m issioners may come from any of the aforesaid sectors.
14 
The Com m issioner or at least one (1) of the four (4) Deputy
15 
Com m issioners 
shall 
have 
the 
necessaiy 
scientific 
and 
technical
16 
qualifications, preferably an advanced degree in natural sciences or
17 
engineering or a  broad professional background in any of the said fields.
18 
The m em bers of the PARC shall not be removed from office except for
19 
ju st cause as may be provided by law.
20 
For the proper m anagem ent and effective im plem entation of the
21 
objectives of the PARC, an Executive Director shall be appointed by the
22 
President upon the recom m endation of the PARC, and shall perform the
23 
following functions:
24 
(a) 
Assist the Com m issioner in the discharge of the executive and
25 
adm inistrative functions;
26 
(b) 
Coordinate and direct the activities of the staff and be responsible
27 
for the day-to-day m anagem ent of the affairs and activities of the
28 
PARC;
29 
(c) 
Recommend and develop plans to achieve the PARC’s objectives;
30 
(d) 
Provide secretariat services to the PARC; and
31 
(e) 
Perform such other relevant functions necessary to im plem ent the
32 
provisions of this Act.
15


1 
All other officials and employees of PARC shall be appointed by the
2 
Com m issioner subject to the civil sei*vice laws, rules and regulations.
3 
Sec. 11. Official Site o/PARC. A land area equivalent to at least ten
4 
(10) hectares out of the area of lands which are under the adm inistration of
5 
the B ases Conversion and Development Authority (BCDA) within the Clark
6 
Special Economic Zone in Pam panga and Taiiac, shall be allocated
7 
exclusively for the PARC office: Provided, That the PARC shall establish
8 
additional offices in strategic areas as it may deem necessary: Provided
9 
further, T hat the boundaries and technical descriptions of these land areas
10 
shall be determ ined by an actual and joint group suiwey.
11 
Sec. 12. Use of Income. The budget of the PARC, based on an annual
12 
appropriation from Congress, shall ensure that the PARC has the financial
13 
and hum an resources necessaiy to fulfill its assigned responsibilities under
14 
this Act.
15 
The PARC shall also be authorized to:
16 
(a) 
Charge and collect reasonable fees in the perform ance of its
17 
regulatoiy functions; Provided, that such fees shall be imposed
18 
by regulation on the basis of such published criteria as the
19 
PARC deem s appropriate and in compliance with existing rules
20 
and regulations; and
21 
(b) 
Use of its income, donations, bequests, grants, and all sum s
22 
which may be appropriated for upgrading its physical and
23 
hum an resources, with due consideration to the PARC’s
24 
independence and impartiality for the conduct of its activities,
25 
and for augm entation of its budget in case of shortfalls. The
26 
PARC, as an independent and im partial PARC may also solicit,
27 
receive and retain donations, bequests, and grants.
28 
Sec. 13. Nuclear Waste Management Fund. 
In view of the great
29 
im portance of nuclear waste disposal and spent fuel, a portion of the
30 
paym ent of the electricity generated from the use of nuclear energy shall be
16


1 
set aside to establish a Nuclear W aste M anagement Fund. The Fund shall be
2 
held in escrow and can only be utilized for the decom m issioning of nuclear
3 
facilities and for the safe disposal of the nuclear waste, which includes siting
4 
research, transports and final geological disposal. The portion of the
5 
paym ent shall be determ ined by the PARC com parable to international
6 
practice.
7 
Sec. 14. Technical and Scientific Support Organizations. The PARC is
8 
authorized to seek expert opinion and recom m endations from independent
9 
technical and scientific support organizations whose technical advice does
10 
not have any conflict of interest or improper influence on its regulatoiy
11 
decision making. Any advice offered shall not relieve the PARC of its
12 
responsibilities under this Act, other relevant laws, 
and applicable
13 
regulations.
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
Sec. 
15. 
Establishm ent of an Advisory Board. 
There 
shall be 
established an advisory board to assist and advise the Com m issioners on 
the safety and security m atters arising from the use of nuclear and 
radioactive m aterials and from the operation of nuclear installations and 
radiation facilities, and on regulations applicable to such authorizations. 
The advisory board, not exceeding thirteen (13) m em bers, shall be composed 
of the following:
(a) 
Secretaiy of the D epartm ent of Science and Technology, as 
Chairperson;
(b) 
Secretary of D epartm ent of Health, as Vice Chairperson;
(c) 
Secretaiy of the D epartm ent of Energy, as Member;
(d) 
Secretaiy of D epartm ent of Environm ent and Natural Resources, as 
Member;
(e) 
Secretary of D epartm ent of National Defense, as Member;
(f) 
Secretaiy of D epartm ent of Trade and Industry, as Member;
(g) 
Secretaiy of the D epartm ent of Agriculture, as Member;
(h) 
Secretaiy of D epartm ent of Labor and Employment; and
17


1 
(i) 
Five (5) experts from the academ e and related industry a n d /o r
2 
professional associations.
3 
The advice of the Board shall not be disregarded by the PARC in its
4 
decisions or resolutions: Provided, however, That the PARC shall have the
5 
final decision and shall be ultim ately accountable to their decisions and
6 
actions.
7 
The Advisory Board may be convened anytim e by any of its
8 
C hairpersons, or upon the request of the PARC.
9 
ARTICLE III
10 
R egulation and A uthorization of N uclear In stallatio n s
11 
And R adiation F acilities
12 
Sec. 16. Requirement for All!honzation.
13 
(a) 
Any person who intends to engage in activities or practices shall
14 
subm it application to the PARC of its intention to carry out such
15 
activities or practices in the form and within the time limits
16 
required by the PARC.
17 
(b) 
No 
authorization 
to acquire, 
own, 
or operate any nuclear
18 
installations and radiation facilities shall be issued to an alien, or
19 
any corporation or other entity which is owned or controlled by an
20 
alien, a foreign corporation, or a foreign government. For purposes
21 
of this Act, a corporation or entity is not owned or controlled by an
22 
alien, a foreign corporation of a foreign governm ent unless at least
23 
sixty percent (60%) of its capital stock is owned by Filipino citizens.
24 
Sec. 17. Activities Subject to Authorization. It shall be unlawful for any
25 
person to transfer, construct, receive, own, possess, operate, im port or
26 
export any nuclear installations and radiation facilities except under an
27 
authorization issued by the PARC under this Act. A person or organization
28 
shall be required specific authorization issued by the PARC under this Act to
29 
conduct any of the following activities:


1 
(a) 
Transfer, receive, acquire, own, possess, or use nuclear or
2 
radioactive m aterial for medical, industrial, agricultural, energy
3 
production and research applications;
4 
(b) 
M anufacture and distribute of radioactive m aterials or products
5 
containing radioactive m aterials to other licensees or persons
6 
exem pt from the requirem ents for a license;
7 
(c) 
Produce radioactive m aterials from particle accelerators;
8 
(d) 
Use of ionizing radiation devices in medicine, dentistry, veterinaiy
9 
medicine, 
commerce 
and 
industry, 
education 
and 
training,
10 
research, anti-crim e, security, household activities and all other
11 
facilities/establishm ents;
12 
(e) 
Site, construct, commission, operate, dism antle, decom missioning,
13 
and closure of nuclear installations;
14 
(f) 
T ransport nuclear or radioactive m aterials to, within, and from the
15 
Philippines; and
16 
(g) 
Engage in or provide nuclear technical services.
17 
Sec. 18. Licensing Process and Conditions for Issuance of Authorization.
18 
The PARC shall provide for the licensing process and the conditions for
19 
issuance of authorization 
specified in 
the 
Im plementing Rules and
20 
Regulations (IRR) issued under this Act.
21 
Sec. 19. 
Responsibilities of the Authorized Person.
22 
(a) 
Any person authorized to conduct activities or practices shall have
23 
the prim ary responsibility for the safe and secure conduct of those
24 
activities or practices and for ensuring compliance with this Act
25 
and all applicable regulatoiy requirem ents and conditions of the
26 
authorization related to those activities or practices.
27 
(b) 
Any person authorized to conduct activities or practices shall
28 
provide 
the 
PARC 
with 
any 
requested 
assistance 
in 
the
29 
perform ance of its regulatoiy functions.
30 
(c) 
Any person ceasing authorized activities or practices shall inform
31 
the PARC prior to the cessation of those activities or practices.


1 
Sec. 20. Provisional Authorization. In all cases of application for
2 
authorization to construct a facility, if the PARC finds that, on the basis of
3 
the technical information and data so far made available to it, there is
4 
reasonable assurance that the proposed facility can be constructed and
5 
operated at the proposed location without undue risk to the health, safety,
6 
and security of the public and the environm ent, the PARC shall initially
7 
issue a provisional license to the applicant. Such a provisional authorization
8 
may be granted even if the information on health, safety, and security then
9 
available is less than would be needed for an authorization to operate
10 
provided that the PARC is satisfied that there is reasonable assurance that
11 
questions of health, safety, and security will be so resolved as to w arrant the
12 
issuance of 
an authorization to operate the facility. The provisional
13 
authorization provided herein shall not exceed one (1) year.
14 
Sec. 21. Inspections and Enforcement.
15 
(a) 
The PARC shall implement a system  of inspection of nuclear and
16 
radiation facilities and transport, through regulations issued under
17 
this Act, to verify compliance with the applicable requirem ents and
18 
conditions of any authorization issued under Section 16.
19 
(b) 
The PARC shall im plem ent a system  of verification of the safety and
20 
security of nuclear and other radioactive m aterial through safety
21 
and 
security 
assessm ents; 
m onitoring 
and 
verification 
of
22 
com pliance with any authorization issued under Section 
16;
23 
inspections; and the m aintenance of appropriate records by
24 
licensees. The verification system  shall be provided for in the
25 
regulations issued under this Act.
26 
(c) 
W here the PARC has established that any person has com m itted a
27 
violation of relevant nuclear safety, security and safeguards
28 
regulations 
issued 
under 
this 
Act, 
the 
conditions 
of 
an
29 
authorization issued under Section 18, or other requirem ents that
30 
do not constitute a crim inal offense under Sections 59 and 60 of
31 
this Act, the PARC may impose by order any of the following
32 
penalties in conformity with the proceedings provided for in Section
20


1
2
23: suspension, modification, and revocation of authorization, or 
imposition of a civil m onetary penalty.
3 
Sec. 22. Additional Requirements in Case of Nuclear Installation for
4 
Commercial Power: Exemptions. Nothing in this Act shall be construed to
5 
exem pt the operator of a nuclear facility 
designed primarily for the
6 
generation of electricity for commercial purposes, from complying with other
7 
requirem ents provided by e.xisting laws, such as securing a franchise, a
8 
certificate of public convenience and necessity, obtaining approval for rates
9 
and services and others, from the appropriate agency having jurisdiction:
10 
Provided, however, that upon certification by the Commission, im portations
11 
of nuclear fuel for use in these facilities shall be free from all taxes and
12 
duties in accordance with incentives under the pertinent provisions of RA
13 
5186, Investm ent Incentives Act .
14 
Sec. 23. Suspension, Modification, and Revocation of Authorizations.
15 
Any authorization issued p u rsu an t to this Act may be suspended, modified
16 
or revoked by the PARC in the event of a willful violation of its conditions,
17 
when circum stances in which the public interest, health, safety, or security
18 
so requires, when the conditions under which it was issued are no longer
19 
complied with, or in any circum stance that continued activities under the
20 
authorization shall pose an unacceptable risk to people or the environm ent:
21 
Provided, th at the licensee shall have been accorded an opportunity to
22 
dem onstrate or achieve compliance with the requirem ents. In all instances,
23 
the PARC shall provide information to the public on the procedures and
24 
requirem ents 
for 
suspension, 
modification, 
renewal, 
revocation 
or
25 
relinquishm ent of authorizations.
26 
No authorization shall be transferred, assigned, encum bered, or in
27 
any m anner disposed of, either voluntarily, or involuntarily, directly or
28 
indirectly, unless the PARC shall, after securing full information, find th at
29 
such transfer, assignm ent, encum brance, or other disposition is in
30 
accordance with the purposes and provisions of this Act and shall give its
31 
consent in writing.
21


1 
Upon the suspension, revocation, or expiration of an authorization
2 
which is not renewed, and pursuant to PARC order, the licensee shall be
3 
required to take such m easures as may be necessary to protect the health
4 
and safety of the public -  and the environm ent from the harm ful effects of
5 
radiation, and ensure security of radioactive m aterial and facilities.
6 
W henever practicable, the PARC may take tem porary custody of any
7 
nuclear and other radioactive m aterial and facilities held by the licensee
8 
pending their appropriate and lawful disposition by or for the licensee.
9 
ARTICLE IV
10 
R adiation P ro tectio n
11 
Sec. 24. Regulation to Ensure Radiation Safety.
12 
(a) 
The PARC shall take the appropriate steps to ensure that:
13 
1. No activities or practices shall be authorized unless it
14 
produces sufficient benefit to the exposed person or to the
15 
society in a m anner that offsets the radiation harm  that it
16 
may cause;
17 
2. The m agnitude of individual doses, the num ber of per.sons
18 
exposed, and the likelihood of incurring exposures shall all
19 
be kept as low as reasonably achievable, economic and social
20 
factors being taken into account; and
21 
3. No individual shall be exposed to ionizing radiation doses
22 
which exceed prescribed national dose limits;
23 
(b) 
The PARC shall establish dose limits for persons that may not be
24 
exceeded in conducting activities under regulatory control;
25 
(c) 
The PARC shall identify sources or practices to be exem pted from
26 
regulatory control.
27 
(d) 
The PARC shall establish clearance levels below which radioactive
28 
m aterial within authorized activities and practices can be released
29 
from regulatory control;
30 
(e) 
The PARC shall m aintain a national system  for registration of
31 
licensees, registrants, imported and exported selected item s, and
32 
ionizing radiation sources;
22


1 
(f) 
The PARC shall ensure that authorized facilities m aintain a record
2 
of exposure of the public, patients, and of workers occupationally
3 
exposed to ionizing radiation at their work; and
4 
(g) 
The PARC shall prom ulgate appropriate regulations, rules, orders
5 
and related guidelines to address all issues and concerns related to
6 
exposure to ionizing radiation from natural sources.
7 
Sec. 25. Responsibilities of Authorized Persons in Radiation Protection.
8 
(a) 
The authorized person shall bear the prime responsibility for
9 
ensuring the safety and security of the facility and of all activities
10 
and practices associated with it;
11 
(b) 
Authorized persons shall ensure compliance with the requirem ents
12 
and dose limits established by the PARC and shall ensure that
13 
radiation doses to workers and the public, including doses from
14 
releases to the environm ent, are as low as reasonably achievable,
15 
taking into account social and economic factors;
16 
(c) 
Persons authorized to conduct activities utilizing ionizing radiation
17 
for medical purposes shall ensure the overall patient protection
18 
and safety in the prescription of, and during the delivery of,
19 
medical exposures.
20 
ARTICLE V
21 
E m ergency P reparedness and R esponse
22 
Sec. 26. Emergency Plan. No authorization or license to conduct
23 
activities or practices, operate a facility or possess or use a source may be
24 
granted unless and until an appropriate emergency preparedness and
25 
response plan has been developed by the applicant and approved by the
26 
PARC.
27 
Sec. 27. Emergency Preparedness and Response. The PARC shall;
28 
(a) 
Develop and m aintain a national emergency plan for responding to
29 
potential nuclear or radiological emergencies;
23


1 
(b) 
Coordinate the task of the 
radiological emergency response
2 
organization of the PARC within the framework of the National
3 
D isaster Risk Reduction and M anagement Council (NDRRMC) of
4 
the D epartm ent of National Defense in the event of a nuclear and
5 
radiological emergency; and
6 
(c) 
Provide for the activities of an emergency response center and for
7 
an 
international 
exchange 
of information 
on 
the 
radiation
8 
situation, consistent with the Philippines’ obligations under the
9 
Convention on Early Notification of a Nuclear Accident and the
10 
Convention on M utual Assistance in the Case of a Nuclear Accident
11 
or Radiological Emergency.
12 
(d) 
Define 
the radiation 
levels 
at which evacuation 
should 
be
13 
considered.
14 
ARTICLE VI
15 
T ran sp o rt of N uclear and O ther R adioactive M aterial
16 
Sec. 28. Regulation />! the Tmnspoil of Nuclear and Other Radioactive
17 
Material. The PARC shall establish and implement safety and security
18 
requirem ents for the transport of nuclear and other radioactive m aterial to,
19 
from and within the jurisdiction of the Philippines consistent with the
20 
International Atomic Energy Agency (IAEA) regulations for the safe and
21 
secure transport of radioactive m aterial.
22 
Sec. 29. Requirements for Authorization. No person shall engage in the
23 
transport of radioactive m aterial w ithout an authorization issued by the
24 
PARC.
25 
ARTICLE VII
26 
Im p o rt and E xport of N uclear and O ther R adioactive M aterials
27 
Sec. 30. Expod or Impod Control. The PARC shall establish regulatoiy
28 
requirem ents and relevant guides for the exportation and im portation of
29 
nuclear and other radioactive m aterials which require licensees, inter alia:
24


1 
(a) 
To secure an authorization from the PARC prior to export or im port
2 
with the assurance of applying safeguards and physical protection
3 
m easures to protect public health, safety and security;
4 
(b) 
To ensure before import that the exporter has an authorization
5 
from the com petent authority of the exporting country to export
6 
such m aterials to the Philippines in accordance with laws and
7 
regulations of that country; and
8 
(c) 
To ensure before export that the importing countiy has the
9 
appropriate technical and adm inistrative capability, resources and
10 
regulatory 
infrastructure 
needed 
for 
the 
safe 
and 
secure
11 
m anagem ent of the requested nuclear and other radioactive
12 
m aterial, particularly disused sources.
13 
ARTICLE VIII
14 
M anagem ent of S pent N uclear Fuel
15 
And O ther R adioactive W aste
16 
Sec. 31. Regulation of Radioactive Waste and Spent Nuclear Fuel
17 
Management. 
To ensure the safe and secure m anagem ent of radioactive
18 
waste and spent fuel, the PARC shall establish:
19 
(a) 
Applicable safety and security requirem ents and regulations for the
20 
protection of people and the environm ent from adverse im pacts of
21 
radioactive waste and spent fuel m anagem ent activities;
22 
(b) 
A system  of authorization of radioactive waste and spent fuel
23 
m anagem ent activities;
24 
(c) 
A system  of regulatory inspection, docum entation, and reporting
25 
for radioactive waste and spent fuel m anagem ent activities, and in
26 
the case of disposal, a system  of institutional control; and
27 
(d) 
A system  of enforcem ent to ensure compliance with applicable
28 
regulations and the term s and conditions of authorizations for
29 
radioactive waste and spent fuel m anagem ent activities.
30
31
ARTICLE IX
N uclear Safety and D ecom m issioning
25


1 
Sec. 32. Nuclear Safety.
2 
(a) 
Any person who intends to construct or operate a nuclear installation
3 
or to conduct related activities shall obtain an authorization from
4 
PARC consistent with the term s of this Act and applicable regulations.
5 
(b) 
The PARC shall establish requirem ents for the regulatoiy control of
6 
nuclear installations to include the following:
7 
(1) 
Regulations for siting, design, construction, comm issioning,
8 
operation m aintenance and decommissioning;
9 
(2) 
Regulations for public information, m anagem ent system  and
10 
authorization of installation operators
11 
(3) 
A ssessm ent and verification of safety and security by the facility
12 
operator and by PARC;
13 
(4) 
Financial and hum an resources neccssaiy to ensure safety and
14 
security;
15 
(5) 
H um an factors to be taken into account by the facility operator
16 
during the lifetime of the nuclear installation;
17 
Section 33. Responsibility of Authorized Person for nuclear safety. The
18 
authorized person shall bear the prime responsibility for ensuring nuclear
19 
safety and security of nucleai' installation and of all activities and practices
20 
associated with it.
21 
Section 34. Decommissioning of nuclear installation.
22 
(a) 
The PARC shall establish requirem ents for the decom m issioning of
23 
nuclear installations, including:
24 
(1) 
Safety and environm ental criteria, including conditions on the
25 
end state of the decommissioning;
26 
(2) 
Limits and conditions for the removal of regulatory control for
27 
nuclear installations containing radionuclides;
28 
(3) 
Regulations for the clearance of radioactive m aterial during and
29 
following decommissioning.
26


1
(b) 
The PARC shall ensure that relevant docum ents and records prepared 
by the facility operator are m aintained for a specified period of time 
before, during and after decommissioning.
4 
Sec. 35. Decommissioning Plan.
5 
(a) 
At the design stage of a  nuclear installation, the applicant for
6 
authorization to construct and operate a nuclear installation shall
7 
prepare an initial decom missioning plan for approval by the PARC.
8 
The plan shall be com m ensurate with the type 
and statu s 
of the
9 
nuclear installation and the hazard that may be associated with 
the
10 
decommissioning.
11 
(b) 
The PARC shall require the facility operator to provide periodic reviews
12 
and updates of the decom missioning plan and shall specify the
13 
m axim um  time intervals between such reviews and updates.
14 
ARTICLE X
15 
Safeguards, Physical P ro tectio n , and S ecurity
16 
Sec. 36. Safeguards. The PARC shall:
17 
(a) 
M aintain a system  of accounting for and control of nuclear
18 
m aterials and establish requirem ents for accounting for and
19 
m ethods for control of nucleai' m aterial;
20 
(b) 
Fulfill the Philippines’ obligation to the Non-Proliferation Treaty,
21 
the Safeguards Agreement, and related international treaties,
22 
conventions, agreem ents and protocols thereto;
23 
(c) 
E nsure unim peded access by designated IAEA inspectors and duly
24 
authorized representatives of the Philippine governm ent agencies to
25 
any location or facility provided 
for under the 
Safeguards
26 
Agreement and any protocols thereto, with a view to conducting the
27 
verification activities authorized by these instrum ents; and
28 
(d) 
E nsure full cooperation and support to the IAEA by all national
29 
governm ent agencies and authorized persons in the application of
30 
safeguards m easures.
27


1 
Sec. 37. Physical Protection and Security o f Nuclear and Other
2 
Radioactive M aterial The PARC:
3 
(a) 
Have the authority to issue regulations, rules and orders under
4 
this Act to im plement effective m easures to prevent, detect, and
5 
respond 
to 
unauthorized 
acts 
involving 
nuclear 
and 
other
6 
radioactive m aterial that may cause injuiy to persons, property or
7 
the environm ent in the Republic of the Philippines or othei-wise
8 
jeopardize national security;
9 
(b) 
Establish requirem ents under 
the regulations issued under this
10 
Act for the physical protection of nuclear m aterial, and shall fulfill
11 
the Republic of the Philippines’ obligations as a party to the
12 
Convention on the Physical Protection of Nuclear Material, the
13 
Am endm ent 
thereto, 
and 
other 
international 
treaties 
and
14 
conventions;
15 
(c) 
Have the authority under this Act to issue regulations, rules and
16 
orders 
for 
the 
protection 
of 
individuals, 
society 
and 
the
17 
environm ent from the deleterious effects of radioactive sources;
18 
(d) 
Have the authority under this Act to coordinate with the relevant
19 
agencies of governm ent and seek international cooperation to
20 
effectively im plem ent these security m easures.
ARTICLE XI
21 
A dm in istrative Procedure and Ju d ic ia l Review
22 
Sec. 38. Notice and Conduct of Hearing. In any proceeding under this
23 
Act 
for 
the 
grant, 
suspension, 
revocation 
or 
am endm ent 
of any
24 
authorization, or upon the issuance of an order, the PARC shall hold a
25 
hearing upon the request of any person whose interest may be affected and
26 
shall adm it such person as a party to the proceeding.
27 
The hearings of the PARC may be open to the public and relevant
28 
stakeholders, except where w arranted by considerations of security, national
29 
defense or proprietaiy m atters.
30 
Except in cases where immediate action is required in order to protect
31 
the health and safety of the public or the national interest, no order issued
28


1 
under Section 23 shall become effective until after the licensee h as had
2 
notice for a hearing and opportunity to be heard.
3 
W here an order suspending, revoking or modifying an authorization or
4 
an  order issued under Section 23 is made effective without prior notice for a
5 
hearing and opportunity to be heard, the order shall only be tem porary
6 
pending the hearing and issuance of the PARC’s final decision in the
7 
proceeding.
8 
Sec. 39. Orders and Decisions. All orders and decisions of the PARC
9 
shall be in writing, stating clearly and distinctly the facts and issues
10 
involved and the r'easons on which the PARC’s order or decision is based,
11 
and shall be m ade available to the public.
12 
Sec. 40. Judicial Review. The Court of Appeals is hereby given the
13 
power of judicial review over any final order or decision of the PARC
14 
rendered under Section 34 and shall modify or set aside such or'der or
15 
decision when it clearly appears that there was no evidence before the PARC
16 
to support r'easonably such order or decision, or that the sam e is contrary to
17 
law. Any such final decision or or'der may be I'eviewed by the Court of
18 
Appeals on the application of any party or other person affected thereby, by
19 
certiorari in appropriate cases, or by petition for review, in accor'dance with
20 
the Rules of Court, within such per'iod as the PARC may rule or pr'escribe
21 
but not exceeding thirty (30) days Irorn notice of such or'der or decision. An
22 
appeal shall not suspend the grant of authorization, but shall m aintain the
23 
suspension or revocation of authorization until after the final disposition of
24 
the appeal by the Court of Appeals, unless said Court determ ines otherwise.
25 
Only questions of law on such order or decision may be r'eviewed by the
26 
Suprem e Court.
27 
Sec. 41. Notice of Regulation. No regulation adopted by the PARC shall
28 
be effective less than fifteen (15) days after publication of the regulation in
29 
any new spaper of general cir'culation, except, that if the PARC finds that the
30 
health, safety, and security or the national interest requires, the regulation
29


1 
may be m ade effective immediately upon publication in the Official Gazette,
2 
or in a new spaper of general circulation or upon furnishing copies of the
3 
regulation to the persons affected.
4 
Sec. 
42. Incident Reports. No report by any licensee of any incident
5 
arising out of or in connection with authorized activities m ade p u rsu an t to
6 
any requirem ent of the PARC shall be adm itted as evidence in any suit or
7 
action for dam ages growing out of any m atter m entioned in such report.
8 
ARTICLE XII
9 
Civil L iability For Nuclear and R adiation D am age
10 
Sec. 43. The Operator Liability. The operator shall be liable for nuclear
11 
dam age upon proof th at such damage has been caused by a nuclear
12 
incident:
13 
(a) 
In the operator’s nuclear installation;
14 
(b) 
Involving 
nuclear m aterial coming from or originating 
in the
15 
operator’s nuclear installation, and occurring;
16 
1. Before liability with regard to nuclear incidents involving the
17 
nuclear m aterial has been assum ed, p u rsu an t to the express
18 
term s of a contract in writing, by another installation
19 
operator;
20 
2. In the absence of such express term s, before another
21 
installation operator has tal^en charge of the nuclear
22 
m aterial.
23 
(c) 
Involving 
nuclear 
m aterial 
sent to 
the 
operator’s 
nuclear
24 
installation, and occurring:
25 
1. After liability with regard to nuclear incidents involving the
26 
nuclear m aterial has been assum ed by him, p u rsu an t to the
27 
express term s of a contract in writing, from another
28 
installation operator; or
29 
2. In the absence of such express term s, after the operator has
30 
taken charge of the 
nuclear material; 
Provided, th at if
31 
nuclear dam age is caused by a  nucleai* incident occurring in
30


1 
a nuclear installation and involving nuclear m aterial stored
2 
therein incidentally to the carriage of such m aterial, the
3 
provisions of paragraph (a) of this Section shall not apply
4 
where another installation operator or person is solely liable
5 
p u rsu an t to the provisions 
of paragraph 
(b) or (c) of this
6 
Section.
7 
(d) 
Any provision in this Section to the contraiy notw ithstanding, the
8 
installation operator shall be liable for nuclear dam age upon proof
9 
th at such dam age has been caused by a nuclear accident involving
10 
nuclear m aterial in the course of carriage:
11 
1. To a nuclear installation located in the territory of a state not
12 
party to an international convention on civil liability for
13 
nuclear dam age to which the Philippines is a party; or
14 
2. To international transport between the Philippines and an
15 
operator in another Contracting 
Party to the 
Vienna
16 
Convention.
17 
(e) 
For the purpovse of this Act, whenever both nuclear dam age and
18 
dam age other than nuclear damage have been caused by a nuclear
19 
incident or jointly by a nuclear incident and one or more other
20 
occurrences, such other damage shall, to the extent th at it is not
21 
reasonably separable from the nuclear damage be deem ed to be
22 
nuclear damage caused by that nuclear incident. Where, however,
23 
dam age is caused jointly by nuclear incident covered by this
24 
Section and by an emission of ionizing radiation not covered by it,
25 
nothing in this Section shall limit or othei-wise affect the liability,
26 
either as regards any persons suffering nuclear dam age or by way
27 
of recourse or contribution, of any person who may be held liable
28 
in connection with that emission of ionizing radiation.
29 
Sec. 44. Absolute and Exclusive Liability.
30 
(a) 
The liability of the installation operator for nuclear dam age shall be
31 
absolute;
31


1 
(b) 
The installation operator shall not be liable for nuclear dam age
2 
caused by a nuclear incident directly due to a grave natural
3 
disaster of an exceptional character; and
4 
(c) 
Except as otherwise provided in this Act, no person other than the
5 
installation operator shall be liable for nuclear damage.
6 
Sec. 45. Recourse Actions. The installation operator shall have a right
7 
of recourse only;
8 
(a) 
If there is such a right p u rsu an t to the express provision of a
9 
written contract with the other installation operator; or
10 
(b) 
If the nuclear incident results from an act or om ission done with
11 
intent to cause damage, against the individual who has acted or
12 
om itted to act with such intent.
13 
Sec. 46. Gross Negligence or Intentional Act of Claimant. If the nuclear
14 
dam age resulted wholly or partly either from the gross negligence of the
15 
person suffering the dam age or from an act or omission of such person done
16 
with intent to cause dam age, the Court may relieve the installation operator
17 
from the obligation to pay com pensation in respect of the dam age suffered
18 
by such person.
19 
Sec. 47. Exceptions to Liability. An installation operator shall not be
20 
liable for any nuclear damage caused by a nuclear accident directly due to
21 
an act of arm ed conflict, hostilities, civil w ar or insurrection.
22 
Sec. 48. Limit of Liability. The liability of the installation operator for
23 
nuclear dam age under this Act shall be limited to an am ount in Philippine
24 
pesos which is equivalent to 300 million Special Drawing Rights (SDRs) or
25 
roughly equivalent to 400 million US dollars, for any one nuclear incident,
26 
exclusive of interest or costs which may be awarded by the Court in actions
27 
for com pensation of such nuclear damage. The am ount may be subject to
28 
change, as determ ined by the PARC, in accordance with international
29 
conventions ratified by the Philippines.
32


1 
Sec. 49. Exemption from Liability. The installation operator shall not be
2 
liable under this Act for nuclear damage:
3 
(a) 
To the nuclear installation itself or to any property on the site of
4 
th at installation which is used or to be used in connection with
5 
th at installation; or
6 
(b) 
To the m eans of transport upon which the nuclear m aterial
7 
involved was located at the time of the nuclear incident.
8 
Sec. 50. 
Exclusions. The PARC may, if it determ ines that the sm all
9 
extent of the risk involved so w arrants, exclude by regulation any small
10 
quantities of nuclear m aterial from the application of the provisions in this
11 
Article XI: Provided, th at (a) m axim um  limits for the exclusion of such
12 
quantities have been established by the Board of Governors of the
13 
International Atomic Energy Agency; and (b) any exclusion m ust be within
14 
the lim its so established.
15 
Sec. 51. Certificate to Carrier. In accordance with such regulations as
16 
the PARC may issue, the appropriate installation operator shall provide the
17 
carrier, which furnishes carriage of nuclear m aterial, with a certificate
18 
issued by or on behalf of the insurer or other financial guarantor furnishing
19 
the financial security.
20 
Sec. 52. Liability of Several Installation Operators. Where nuclear dam age
21 
engages the liability of more than one installation operator, the following
22 
rules shall apply:
23 
(a) 
In so far as dam ages attributable to each installation operator are
24 
not reasonably separable, the installation operators involved shall
25 
be jointly and severally liable;
26 
(b) 
In case the nuclear incident occurs in the course of carriage of
27 
nuclear m aterial, either in one and the sam e m eans of transport,
28 
or, in the case of storage incidental to the carriage, in one and the
29 
sam e nuclear installation and causes nuclear dam age which
33


1
2
3
4
5
6
(c)
engages the liability of more than one installation operator, the 
total liability shall not exceed the highest am ount applicable with 
respect to any one of them  pursuant to Section 43 of this Act; and 
In neither of the cases referred to in paragraphs (a) and (b) of this 
Section shall the liability of any one installation operator exceed 
the am ount established in Section 44 hereof.
7 
Sec. 53. Operator of Several Installations. Subject to the provisions of
8 
Section 47, where several nuclear installations of one and the sam e
9 
installation operator are involved in one nuclear incident, such installation
10 
operator shall be liable in respect of each nuclear installation involved up to
11 
the am ount applicable p u rsu ant to Section 43.
12 
Sec. 54. Carrier or H andler of Nuclear Material as Installation Operator.
13 
The PARC, subject to such term s and conditions as it may by regulation or
14 
order prescribe, designate a carrier of nuclear m aterial or a person handling
15 
radioactive waste, upon the carrier’s request and with the consent of the
16 
installation operator concerned, as installation operator in the place of the
17 
installation operator in respect of such nuclear m aterial or radioactive waste
18 
respectively. Upon such designation, such carrier or such person shall be
19 
considered as an installation operator for the purpose of this Section.
20 
Sec. 55. Court Having Jurisdiction. The Regional Trial Court having
21 
jurisdiction over the place where the nuclear incident occurs shall have
22 
jurisdiction to determ ine claim s for com pensation for such nuclear dam age
23 
under this Act.
24 
Sec. 56. Intervention of PARC in Court Proceedings. W hen, after the
25 
occurrence of a nuclear incident, it appears that the Government will have
26 
to pay indem nity, the Court having jurisdiction over the claim s for
27 
com pensation arising from the nuclear incident, shall allow the PARC, upon
28 
its petition, to intervene in the proceedings with respect to technical issues,
29 
at any time before final judgm ent.
34


1 
Sec. 57. 
Compulsory Processes. After the occurrence of a nuclear
2 
incident for which it appears com pensation may be payable under this Act,
3 
the PARC may adopt such m easures as may be appropriate to determ ine the
4 
persons who were or might have been exposed to ionizing radiation resulting
5 
from such nuclear incident, which m easures may include a sum m ons to
6 
such persons to subm it them selves to exam ination before such authority or
7 
body as shall be designated by the PARC within three (3) m onths from the
8 
date of sum m ons. 
In determ ining the am ount of dam ages or the right to
9 
recover dam ages, the Court may, in its discretion, take into account the
10 
inexcusable failure of the claim ant to fulfill or comply with the foregoing
11 
obligation.
12 
Sec. 58. Investigation of Nuclear Incidents. The PARC shall m ake an
13 
investigation of the cause and extent of any nuclear incident for which it
14 
appears com pensation may be payable under this Act and its finding shall
15 
be m ade ayailable to the public, to the parties involyed and to the Courts.
16 
ARTICLE XIII
17 
T ransitory Provisions
18 
Sec. 59. The Philippitie Nuclear Research Institute.
19 
(a) 
The regulatory function of the Philippine 
Nuclear Research
20 
Institute (PNRI) is hereby transferred to the PARC;
21 
(b) 
The development, promotion and use of nuclear energy for peaceful
22 
applications shall rem ain the responsibility of the Institute,
23 
w hereupon the Director of the Institute shall, in coordination with
24 
the D epartm ent of Budget and M anagement (DBM), draw up its
25 
new organizational structure in accordance with the Civil Service
26 
Law, rules and regulations;
27 
(c) 
The PNRI shall be the scientific nuclear organization in the country
28 
and continue to function as one of the Research and Development
29 
Institutes of the D epartm ent of Science and Technology, and
30 
continue its m andate to foster nuclear research and development
35


1 
including nuclear safety research p u rsu an t to the objectives of
2 
Executive Order No. 128, series of 1987.
3 
(d) 
Under this Act, the PNRl shall be allowed to use 100% of its income
4 
to augm ent and hire additional hum an resources and upgrade its
5 
facilities.
6 
(e) 
The regulatoiy functions of the PNRI which were inherited from the
7 
former Philippine Atomic Energy Commission (PAEC) by virtue of
8 
Republic Act No. 2067, as am ended by R.A. 3589 and Republic Act
9 
No. 5207, as am ended by P.D. 1484, Executive Order No. 128 and
10 
Executive Order No.366 are deemed transferred to the PARC.
11 
(f) 
All 
regulatory issuances such 
as regulations, 
rules, 
orders
12 
previously established by the PNRl shall rem ain in force until
13 
superseded by the PARC.
14 
Sec. 60. The Center for Device Regulation, Radiation, Health and
15 
Research.
16 
(a) 
The regulatory functions of the Center for Device Regulation,
17 
Radiation, Health and Research (CDRRHR) of the D epartm ent of
18 
Health (DOH) over devices generating ionizing 
radiation by virtue of
19 
Republic Act No. 9711 othem ise known 
as uThe Food and Drug
20 
Administration Act o f2009”, are deemed transferred to the PARC;
21 
(b) 
The adm inistrative supeiwision of the CDRRHR shall rem ain with
22 
the DOH; and
23 
(c) 
All 
regulations, rules, orders pertaining to ionizing radiation
24 
previously established by the CDRRHR shall rem ain in force until
25 
superseded by the PARC.
26 
Sec. 61. 
Hum an Resources. All plantilla positions of the Nuclear
27 
Regulatory Division of the PNRl-DOST are hereby transferred to the PARC.
28 
Thereafter, all powers, functions and duties, records, files, and assets
29 
pertaining to regulation of nuclear and radioactive m aterials and facilities of
30 
the PNRl shall be transferred to the PARC. All plantilla positions of the
31 
Radiation Regulation Division of the Center for Device Regulation, Radiation,
3 6


1 
Health and Research (CDRRHR) of the DOH which have responsibilities
2 
solely in ionizing radiation regulation are also hereby transferred to the
3 
PARC. Thereafter, all powers, functions and duties, records, files, and assets
4 
of these organizational units shall be transferred to the PARC.
5 
The Government Reorganization Act or Republic Act No. 6656 shall
6 
govern the reorganization of the affected personnel of the Nuclear Regulatoiy
7 
Division of PNRl and the Radiation Regulation Division of the CDRRHR.
8 
There shall be no dim inution of rank, salaries, allowances and
9 
benefits of all personnel transferred to the PARC. In case of a difference in
10 
the above benefits between the transferred employees of the two agencies,
11 
the higher am ount shall be adopted. New employees of the PARC shall be
12 
entitled to the sam e allowances and benefits as the transferred employees.
13 
The PARC shall draw up its organizational structure with the
14 
necessary qualification requii'em ents and standards in accordance with the
15 
Civil Service Law, rules and regulations for evaluation and approval of the
16 
DBM upon subm ission to the DBM.
17 
Sec. 62. Magna Carta for Science and Technology Personnel. Qualified
18 
employees of the PARC and its attached units shall be covered by Republic
19 
Act No. 8439, known as the Magna C arta for Scientists, Engineers,
20 
R esearchers and other science and technology personnel in the governm ent.
21 
Sec. 63. Signed Conventions. 
To take cognizant on the pending
22 
conventions signed by the Philippine Government such as the Am endm ent
23 
to the Convention on Physical Pr'otection of Nuclear M aterials, International
24 
Convention on the Suppression of Acts of Nuclear Terrorism , Convention on
25 
Nuclear Safety and Joint Convention on the Safety of Spent Fuel
26 
M anagem ent and on the Safety of Radioactive W aste M anagement.
27 
ARTICLE XIV
28 
Penal Provisions
29 
Sec. 64. 
Violation of Specific Provisions of the Act. Any person who
30 
willfully violates, attem pts to violate, or conspires to violate, any provision of
31 
Section 17 of this Act shall upon conviction thereof, suffer the penalty of
37


1 
im prisonm ent of not more than five (5) years or a fine ranging from one
2 
million pesos (PHP 1,000,000.00) to five million pesos (PHP 5,000,000.00) or
3 
both.
4 
Sec. 65. Violation of Other Provisions of this Act. Any person who shall
5 
willfully violate, attem pt to violate, or conspire to violate any provisions of
6 
this Act for which no penalty is specifically provided or of any regulation,
7 
order or authorization issued under this Act shall, upon conviction thereof,
8 
suffer the penalty of im prisonm ent of not more than two (2) years or a fine of
9 
not more than five hundred thousand pesos (PHP 500,000.00) or both.
10 
ARTICLE XV
11 
Final Provisions
12 
Sec. 
66. 
Appropriations. The am ount necessary to cover the initial
13 
im plem entation of this Act shall be charged against the current year’s
14 
appropriations of the Nuclear Regulatory Division of the PNRl and the
15 
Radiation Regulation Division of the CDRRHR responsible in ionizing
16 
radiation regulation. Thereafter, such sum s as may be necessary for the
17 
continued im plem entation of this Act shall be included in the annual
18 
General Appi'opriations Act.
19 
In addition, the PARC is authorized to receive contributions, grants,
20 
bequests, contributions and donations, in cash or in kind, w hether from
21 
local of foreign sour'ces: Provided, that acceptance of gr'ants, bequests,
22 
contributions and donations ft'orn foreign governm ent shall be subject to the
23 
approval of the President of the Philippines upon the recom m endation of the
24 
Com m issioner of the PARC and the Secretary of the D epartm ent of For'eign
25 
Affairs (DFA).
26 
Sec. 
67. 
Implementing Rules 
and Regulations. 
The 
PARC, 
in
27 
consultation with the DOST, DBM and the CSC shall issue within one
28 
hundred eighty (180) days, the rules and regulations necessary to
29 
im plem ent the pr'ovisions of this Act.
38


1 
Sec. 68. Repealing Clause. If found inconsistent luith this Act, The
2 
pertinent provisions of Republic Act No. 2067 as am ended by RA3589,
3 
otherwise known as the Science Act of 1958, Republic Act No. 5207 as
4 
am ended by PD1484, otherwise known as the Atomic Energy Regulatory and
5 
Liability Act o f 1968, Republic Act No. 9711 othem ise known as the Food
6 
and Drug Administration Act of 2009, Executive Order No. 128 Series of 1987
7 
on Reorganizing the National Science and Technology Authority are hereby
8 
repealed. All other laws, executive orders, proclam ations, rules, regulations,
9 
and other issuances or parts thereof which are inconsistent with the
10 
provisions of this act are hereby repealed, or am ended accordingly.
11 
Sec. 69. Separability Clause. If any provision of this Act shall be
12 
declared unconstitutional or invalid, the other provisions not otherwise
13 
affected shall rem ain in full force and effect.
14 
Sec. 70. Effectivity. This Act shall take effect fifteen (15) days from its
15 
publication in the Official Gazette or in a new spaper of general circulation.
Approved,
39