Republic of the Philippines
HOUSE OF REPRHSENTATIVES
Quezon City, Metro Manila
NINETHENTH CONGRESS
Second Regular Session
HOUSEBELLNo.8823
Introduced by REPRESENTATIVH MARK 0. COJUANGCO
AN ACT
CoNCHRNING Clvm LIABILITY AND CoMPENSATloN FOR NuCLEAR
DARAGE
EXPLANATORY NOTE
The  existing nuclear liability law in the  Philippines,  Republic  Act No.  5207
(otherwise  known  as  the  "Atomic  Energy  Regulatory  and  Liability  Act  of  1968")
encourages, supports, and facilitates the advancement and utilization of atomic energy
for  all  peaceful purposes,  encompassing the  establishment  and  operation of atomic
energy facilities and atomic energy materials, subject to regulations. Given that more
than five decades have passed since its enactment it is evident that it requires updating
to  align with modem principles  and  international  standards  in the  field of nuclear
liability.
The Philippines is currently a contracting party to the  1963 Vienna Convention
on Civil Liability for Nuclear Darnage.  The country is also  a signatory to the  1997
Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage (the
"1997  Vierma  Convention"),  the  Joint  Protocol  Relating  to  the  Application  of the
Vienna Convention and the Paris Convention (the "Joint Protocol") and the Convention
on   Supplementary   Compensation   (the   "CSC"),   however,   ratification   of   these
conventions remain pending.
This bill seeks to modemize the provisions outlined in Part VII of Republic Act
5207 to align with modem principles of nuclear liability. The bill has been drafted based
on the principles of nuclear liability found in the CSC, the Annex to the CSC, and the
1997  Vienna  Convention.   The  bill  also  establishes  provisions  necessary  for  the
Philippines  to  become  a  contracting  party  to  the  CSC,  including  mechanisms  for
contributing to and accessing pooled public funds. It includes key provisions on strict
liability channeled to the nuclear power plant operator,  liability caps,  availability of
compensation for nuclear damage, establishment of a Claims Handling
exclusive jurisdiction for claim resolutions.


Moreover,   the   bill   aims   to   introduce   a   three-tier   funding   system   that
encompasses  operator  funds,  CSC joint public  funds,  and  Philippine  Govemment-
appropriated  funds,  ensuring  adequate  compensation,  to  the  extent  necessary,  for
nuclear damage.
By  ensuring  that the  Philippines  has  a robust,  comprehensive,  and  effective
nuclear liability regime that provides clarity, fairness, and adequate compensation, to
the  extent  necessary,  the  country  will  demonstrate  its  commitment  to  upholding
international   best   practices,   complying   with  relevant   international   conventions,
fostering cooperation with nuclear technology vendors, and enabling the responsible
growth of the country's nuclear energy program.
Predictability and consistency in nuclear liability consequences are key pillars in
making the Philippines attractive for nuclear investors, vendors, vendor countries, as
well  as  the  public  and  private  intemational  fmancing  which  accompanies  these
industries.
In view of the foregoing, passage of this bill is fervently sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
HousE BILL No.  862 3
Introduced by REPRnsnNTATIVE MARK 0. COJUANGCO
AN ACT
CONCERNING CIVIL LIABILITY AND COMPENSATION FOR NUCLEAR
DAMAGE
ARTICLE 1:
PURPOSE AND DEFINITIONS
Section  I. Short Title
This Act shall be known as the "Philippine Nuclear Liability Act", referred to herein as the
„Act".
Section 2. Purpose
The purpose of this Act is to govern civil liability and compensation for nuclear damage in
case of a nuclear incident.
Section 3. Definitions
I)          For the purposes of this Act:
(a)         ,4z{/4orj-ty means the philippine Atomic Energy Regulatory Authority.
(b)         Ct]nventit>n   t>n   Supplementary   Compema!ion   meaLns   the   Corrvendion   on
Supplementary Compensation for Nuclear Damage of 12 September 1997 and
any amendment thereto if such amendment is in force for the Republic of the
Philippines.
(c)         J,crw' a//Ae c.()xpc/e#/ col/// means the law of the Republic of the  philippines,
including any rules of such law relating to conflict of laws.
(d)         114lc.cz,s'z#c"?/ rL./.#.s./c7/c"L>#/  means  any reasonable  measures  which  have  been
approved by the competent authorities of the State where the measures were
taken, and which aim to reinstate or restore damaged or destroyed components
of the environment, or to introduce, where reasonable, the equivalent of these
components into the environment, provided that the law of the State where the
damage is suffered shall determine who is entitled to take such measures.
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(e)         Nuclear damage means..
(i)       loss of life orpersonal injury;
(ii)     loss of or damage to property;
and each of the following to the extent determined by the law of the competent
court:
(iii)    economic loss arising from loss or dainage referred to in subparagraphs
(i) or (ii), insofar as not included in those subparagraphs, if incurred by a
person entitled to claim in respect of such loss or damage;
(iv)    the costs of measures of reinstatement of impaired environment, unless
such impairment is insignificant,  if such measures are actually taken or
to be taken, and insofar as not included in subparagraph (ii);
(v)      loss   of  income   deriving  from   an   economic   interest   in   any  use   or
enjoyment  of  the  environment,  incurred  as  a  result  of  a  significant
impairment   of  that   environment,   and   insofar   as   not   included   in
subparagraph (ii);
(vi)    the costs of prcvcntive measures, and further loss or damage caused by
such measures; and
(vii)   any other economic loss, other than any caused by the impairment of the
envii.onment,  if permitted  by  the  general  law  on  civil  liability  of the
competent court,
in the case of subparagraphs (i) to (v) and (vii) above, to the extent that the loss
or damage arises out of or results from ionizing radiation emitted by any source
of radiation  inside  a  nuclear  installation,  or  emitted  from  nuclear  fuel  or
radioactive   products   or   waste   in,   or   of  nuclear   material   coming   from,
originating  in,  or sent  to,  a nuclear  installation,  whether  so  arising  from  the
radioactive  properties  of such  matter,  or  from  a combination  of radioactive
properties with toxic, explosive or other hazardous properties of such matter.
(f)          IV#c/eczr/zte/ means any material  which  is capable  of producing energy by  a
self-sustaining chain process of nuclear fission.
(g)         IVcfc./L7crr  i.#cjc/e#/  means  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.
(ti)         Nuclear imfallation means..
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(i)       any  nuclear  reactor  other  than  one  with  which  a  means  of sea  or  air
transport is equipped for use as a source of power, whether for propulsion
thereof or for any other purpose;
(ii)     any factory using nuclear fuel for the production of nuclear material, or
any factory for the processing of nuclear material, including any factory
for the re-processing of irradiated nuclear fuel;
(iii)    any facility where nuclear material is stored, other than storage incidental
to the carriage of such material; and
(iv)    such  other  installations  in  which  there  are  nuclear  fuel  or  radioactive
products or waste as the Board of Governors of the lnternational Atomic
Energy Agency shall from time to time determine,
provided that several nuclear installations of one operator which are located at
the same site shall be considered as a single nuclear installation.
(1)          Nuclear material meilITs..
(i)      nuclear fuel, other than natural uranium and depleted uranium, capable
of producing energy by a self-sustaining chain process of nuclear fission
outside a nuclear reactor, either alone or in combination with some other
material; and
(ii)      radioactive products or waste.
0)          IVz/c/ecrr  rccrc/or  means   any  structure  containing  nuclear  fuel   in   such  an
arrangement that  a  self-sustaining  chain process of nuclear fission can occur
therein without an additional source of neutrons.
(k)         Opercr/or, in relation to a nuclear installation, means the person designated or
recognized as the operator of that installation, provided that with respect to a
nuclear  installation  in  the  territory  of the  Republic  of the  Philippines,  such
operator is designated or recognized by the Authority.
(I)          Per^}'tJ# means a natural or legal person.
(in)        PrcvL.#/7.ve 7#ecz.`'wre,s` means any reasonable measures taken by any person after
a nuclear incident has occurred to prevent or minimize damage referred to in
paragraphs (e)(i) to  (v) or (vii) of this  Section,  subject to any  approval of the
competent authorities required by the law of the State where the measures were
taken.
(n)         /tc7c/jt)crc./j.ve pr(jc/#c./"„ w,'cr.`'/c> means any radioactive material produced in, or
any material made  radioactive by exposure to the radiation incidental  to, the
3


production  or  utilization  of nuclear  fuel,  but  does  not  include  radioisotopes
which  have reached the  fmal  stage  of fabrication  so as to be  usable  for any
scientific, medical, agricultural, commercial or industrial purpose.
(o)         Rcc7`t'o#crb/c mcaL5'c/re``'  means measures  which  are  found  under the  law of the
competent court to be appropriate and proportionate, having regard to all the
circumstances, for example:
(i)      the nature and extent of the damage incurred or, in the case of preventive
measures, the nature and extent of the risk of such damage;
(ii)     the extent to which, at the time they are taken,  such measures are likely
to be effective; and
(iii)    relevant scientific and technical expertise.
(p)         S'pec7.c7/  Drc"v.77g  jt7.gA/  or  b'DR  means  the  unit  of  account  defined  by  the
International  Monetary  Fund  and  used  by  it  for  its  own  operations  and
transactions.
(q)          y7.e##o   (To7?tJe77/7.o#   means   the   Vienna   Convention   on   Civil  Liability  for
Nuclear  Damage   of  21   May   1963   and   any   amendment  thereto   if  such
amendment is in force for the Republic of the Philippines.
2)          For the purposes of this Act, any term that is not defined in subsection  1  above and
which  has  a  particular  meaning  in  the  Vienna  Convention  or  the  Convention  on
Supplementary Compensation shall have the meaning from the Vienna Convention or
the Convention on Supplementary Compensation when used in the relevant context.
ARTICLE 2:
EXCLUSIONS
Section 4. Nuclear Installation or Small Quantities Exclusion
The Authority may, if the small extent of the risks involved so warrants, exclude any nuclear
installation or small quantities of nuclear material from the application of the provisions of
this Act, provided that:
(a)         with  respect  to  nuclear  installations,  criteria  for  such  exclusion  have  been
established  by  the  Board  of Governors  of the  International  Atomic  Energy
Agency and the  Authority issues a  determination  that any  exclusion  satisfies
such criteria; and
(b)         with  respect  to  small  quantities  of nuclear material,  maximum  limits  for the
exclusion of such quantities have been established by the Board of Governors
of  the   International   Atomic   Energy  Agency  and   the   Authority   issues   a
determination that any exclusion is within such established limits.
4


ARTICLE 3:
OPERATOR LIABILITY
Section 5. The Liable Operator
The operator of a nuclear installation shall be liable for nuclear damage upon proof that such
damage has been caused by a nuclear incident:
(a)         in such nuclear installation; or
(b)         involving   nuclear   material   coming   from   or   originating   in   such   nuclear
installation, and occurring:
(i)       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 the operator of another nuclear installation;
(ii)     in  the  absence  of  such  express  terms,  before  the  operator  of another
nuclear installation has taken charge of the nuclear material; or
(iii)    where the nuclear material is intended to be used in a nuclear reactor with
which  a  means  of transport  is  equipped  for  use  as  a  source  of power,
whether for propulsion thereof or for any other purpose, before the person
duly authorized to operate such reactor has taken charge of the nuclear
material; but
(iv)    where the nuclear material has been sent to a person within the territory
of a non-Contracting State, before it has been unloaded from the means of
transport by which it has arrived in the territory of that non-Contracting
State;
(c)         involving nuclear material sent to such nuclear installation, and occurring:
(i)       after  liability  with  regard  to  nuclear  incidents  involving  the  nuclear
material has been assumed by the operator pursuant to the express terms
of a contract in writing, from the operator of another nuclear installation;
(ii)     in the absence of such express terms, after the operator has taken charge
of the nuclear material; or
(iii)    after the operator has taken charge of the nuclear material from a person
operating a nuclear reactor with which a means of transport is equipped
for use as a source of power, whether for propulsion thereof or for any
other purpose; but
(iv)    where the nuclear material has, with the written consent of the operator,
been sent from a person within the territory of a non-Contracting State,
5


only after it has been loaded on the means of transport by which it is to be
carried from the territory of that State,
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  operator  or person  is  solely  liable  pursuant  to  the
provisions of paragraph (b) or (c) of this Section.
Section 6. Carrier as Operator
Upon the request of a carrier of nuclear material or a person handling radioactive waste and
with  the  consent of the  operator concerned, the Authority may  designate or recognize  such
carrier or person as operator in place of such operator in respect of such nuclear material or
radioactive waste, provided that such designation or recognition shall be subject to such terms
and conditions as the Authority may by regulation or order prescribe. In this case, such carrier
or  person  shall  be  considered,  for  all  purposes  of this  Act,  as  an  operator  of  a  nuclear
installation situated within the territory of the Republic of the Philippines.
Section 7. Liability of More than One Operator
1)          Where nuclear damage engages the liability of more than one operator, the operators
involved shall, in so far as the damage attributable to each operator is not reasonably
separable, be jointly and severally liable. The amount of public funds made available
per incident  shall be  limited  to the  difference,  if any,  between  the  amounts hereby
established and the amount established pursuant to Section 16.
2)          Where a 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 operator, the total liability shall not exceed the
highest amount applicable with respect to any one of them pursuant to Section  16.
3)           In neither of the cases referred to in subsections I and 2 of this section shall the liability
of any  one  operator  exceed  the  amount  applicable  with  respect  to  such  operator
pursuant to Section  16.
Section 8. Liability of One Operator for Several Nuclear Installations
Subject to the provisions of Section 7, where several nuclear installations of one and the same
operator are involved in one nuclear incident, such operator shall be liable in respect of each
nuclear  installation  involved  up  to  the  amount  applicable  with  respect  to  such  operator
pursuant  to  Section  16.  The  amount  of public  funds  made  available  per  incident  shall  be
6


limited to  the  difference,  if any,  between  the  amounts  hereby  established  and  the  amount
established pursuant to Section  16.
Section 9. Absolute and Exclusive Liability of Operator
1)          The liability of the operator for nuclear damage shall be absolute.
2)          Except as otherwise provided for in this Act, no person other than the operator shall
be liable for nuclear damage.
Section 10. No Relief of Operator Liability
The operator shall be liable for nuclear damage caused by a nuclear incident caused
directly due to a grave natural disaster of an exceptional character.
Section 11. Exclusions from Operator Liability
No liability shall attach to an operator for nuclear damage caused by a nuclear incident directly
due to an act of armed conflict, hostilities, civil war or insurrection.
Section 12. Operator Relief from Compensation Obligation
The  competent  court may relieve the  operator wholly or partly from the  obligation to pay
compensation  for nuclear damage  suffered  by  a  person  if the  operator proves  the  nuclear
damage resulted wholly or partly from the gross negligence of that person or from an act or
omission of that person done with intent to cause damage.
Section 13. Damage Deemed Nuclear Damage
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 the purposes of this Act, to be nuclear damage caused by that nuclear incident.
Where, however, damage is caused jointly by a nuclear incident covered by the provisions of
this Act and by an emission of ionizing radiation not covered by it, nothing in this Act shall
limit or otherwise affect the liability, either as regards any person 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 14. Operator Not Liable
I)          The operator shall not be liable under this Act for nuclear damage:
(a)         to the nuclear installation itself and any other nuclear installation, including a
nuclear  installation  under  construction,  on  the  site  where  that  installation  is
located; and
7


(b)        toanyproperty onthat samesitewhich is used ortobeused in connectionwith
any such installation,
2)          The operator shall incur no liability for damage caused by a nuclear incident outside
the provisions of this Act.
Section 15. Causes of Action Against Supplier of Funds
The right to compensation for nuclear damage may be exercised only against the
operator liable or person furnishing financial security pursuant to this Act.
ARTICLE 4:
LIABILITY LIMITS AND FINANCIAL SECURITY
Section 16. Operator Liability Limit
1)           The  liability of the  operator for any one  nuclear incident  is  limited to an  amount  in
Philippine pesos equivalent to 300 million SDRs.
2)          Notwithstanding  subsection  1   of this  Section,  the  Authority,  having  regard  to  the
nature of the nuclear installation or the nuclear substances involved and to the likely
consequences  of an  incident  originating  there from,  may  establish  a  lower  limit  of
liability of the operator, provided that:
(a)          in  no  event  shall  any  amount  so  established  be  less  than  an  amount  in
Philippine pesos equivalent to 5 million SDRs; and
(b)         in such a case, paragraph (b) of section  l9 applies.
3)          The  amounts  established  by  this  section  shall  apply  wherever  the  nuclear  incident
occurs.
4)           The amounts established by this  section are exclusive of any interest or costs which
may be awarded by the competent court.
Section 17. Minimum Financial Security
1)          The  operator  shall  be  required  to  maintain  insurance  or  other  financial   security
covering its liability for nuclear damage in the amount established by Section  16.
2)          Nothing in this Act shall be construed to require the Government or any Government
agency  or  instrumentality  operating  a  nuclear  installation  to  maintain  insurance  or
other financial security to cover its liability as operator.
Section 18. Type and Terms of Financial Security
The  Authority  shall  prescribe  by  regulation  or  order  the  type  and  terms  of the  required
financial  security,  provided  that  in  so  prescribing,  the  Authority  shall  be  guided  by  the
8


objectives of assuring adequate and effective compensation to victims of a nuclear incident
without imposing unreasonable burden on the operator.
Section 19. Government Satisfaction of Claims
The Government shall  ensure  the payment of claims for compensation for nuclear damage
which have been established against the operator:
(a)         to the extent that the yield of financial  security is  inadequate to satisfy such
claims;
(b)         if  the   Authority   has   established   the   limit   of  the   operator's   liability   in
accordance with subsection 2 of Section  16; and
(c)         if  the  Government  or  any  Government  agency  or  instrumentality   is  the
operator,
in all cases, up to the limit provided for in subsection  1  of Section  16.
Section 20. Equitable Distribution
Compensation for nuclear damage under Section  16, including any Government satisfaction
of claims under Section 19, shall be distributed equitably without discrimination on the basis
of nationality,  domicile  or  residence,  provided  that  the  Authority  may  limit  such  funds
available  to  compensate  nuclear  damage  occurring  in  a  non-Contracting  State  that  has  a
nuclear  installation  on  its  territory  at the time  of the  nuclear  incident  and  does not  afford
equivalent  reciprocal  benefits,  provided  that  such  limit  is  an  amount  not  lower  than  the
Philippine pesos equivalent to  150 million SDRs.
Section 21. Exclusive Use of Funds
The funds provided by insurance, by other financial security pursuant to Section  17 and 18 or
by the Government pursuant to  Section  19, shall be exclusively available for compensation
due under this Act.
Section 22. Carrier to be Furnished with Certificate
I)          The  operator  liable  in  accordance  with  this  Act  shall  provide  the  carrier  with  a
certificate issued by or on behalf of the insurer or other financial guarantor furnishing
the financial security required pursuant to Section  17 and  18.
2)           The certificate shall:
(a)         state the name and address of such operator and the amount, type and duration
of security and these statements may not be disputed by the person by whom
or on whose behalf the certiflcate was issued;
(b)         indicate the nuclear material in respect of which the security applies; and
9


(c)         include  a  statement  by  the  Authority,  or,  with  respect  to  nuclear  material
coming  from  another  Contracting  Party   the  competent  authority  of  such
Contracting Party, that the person named is an operator within the meaning of
the Vienna Convention or the Convention on Supplementary Compensation, as
applicable.
3)          The Authority may exclude the obligation in subsection  I of this section in relation to
carriage   which  takes  place  wholly  within  the   territory  of  the  Republic   of  the
Philippines.
Section 23. Notice of Suspension or Cancellation by Insurer
No insurer or other financial guarantor shall suspend or cancel the insurance or other financial
security provided pursuant to Section  17 and  18:
(a)         without giving notice in writing of at least two (2) months to the Authority; or
(b)         in so far as such insurance or other financial security relates to the carriage of
nuclear material, during the period of the carriage in question.
ARTICLE 5:
CONVENTION ON SUPPLEMENTARY COMPENSATION PUBLIC FUNDS
Section  24.  Public  Funds  from  Contracting  Parties  to  Convention  on  Supplementary
Compensation
Public   funds   contributed  by   Contracting   Parties   to   the   Convention   on   Supplementary
Compensation above the operator's liability limit in subsection  1  of Section  16 shall:
(a)            apply to nuclear damage which is suffered in the territory ofa contracting party
to   the   Convention   on   Supplementary   Compensation   and   other   locations
determined by Article V of the Convention on Supplementary Compensation;
and
(b)           subject to the provisions of the convention on supplementary compensation,
be  distributed  equitably  without  discrimination  on  the  basis  of nationality,
domicile or residence.
Section 25. Reimbursement of Public Funds
1)          When a call  for public  funds  is made by  a contracting party to the  convention  on
Supplementary Compensation in accordance with Article III(1)(b) and for which the
Republic of the Philippines is required to contribute funds jn accordance with Article
IV   of  the   Convention   on   Supplementary   Compensation,   operators   of  nuclear
10


installations  in  the  territory  of the  Republic  of the  Philippines  shall  reimburse  the
Government with respect to such funds, provided that:
(a)         reimbursement shall be called on by the Government only after the later of:
(i)      the installation of7,500 Mwth ofnuclear capacity in the territory of the
Republic of the Philippines; and
(ii)     theyear2025; and
(b)         an operator's pro rata contribution shall be determined based on the percentage
of its installed nuclear capacity out of the total installed nuclear capacity in the
Republic of the Philippines at the time of the relevant nuclear incident.
2)          The Authority  shall by regulation  or order determine any additional provisions with
respect to such reimbursement.
ARTICLE 6:
ADDITIONAL PUBLIC FUNDS
Section 26. Report to Congress Regarding Additional Public Funds
In any case where it appears that the nuclear damage caused by a nuclear incident
exceeds or will probably exceed both the limit of liability established in subsection  I  of
Section  16 and the contributions to be provided by Contracting Parties to the
Convention on Supplementary Compensation in accordance with Article Ill( 1 )(b), the
Authority shall furnish a report to Congress with its recommendations, including any
recommendations for the appropriation of additional funds from Congress to provide
compensation for nuclear damage.
Section 27. Limit on Compensation by Public Funds
With respect to any additional  funds  appropriated by Congress pursuant to  Section 26  (and
only with respect to such additional funds):
(a)         compensation shall not be paid from such additional funds if the Government
proves that the relevant exposure to ionizing radiation is within the dose limits
for normal operating conditions prescribed by the Authority; and
(b)         the Government may determine  any other limits on compensation paid from
such additional funds.
ARTICLE 7:
PERIOD 0F EXTINCTION
Section 28. Period of Extinction
1)          Rights of compensation for all nuclear damage under this Act shall be extinguished if
an action is not brought within:
iE


(a)         ten (10) years from the date of the nuclear incident; and
(b)        three (3) years from the date on which the person suffering nucleardamage had
knowledge or ought reasonably to have had knowledge of the damage and of
the  operator  liable  for  the  damage,  provided  that  the  period  established  in
paragraph (a) of this subsection is not exceeded.
2)          Notwithstanding paragraph (a) of subsection  I  of this section, the Authority may by
regulation or order determine that rights of compensation  with respect to loss of life
and personal injury only shall be extinguished if an action is not brought within thirty
(30) years from the date of the nuclear incident, provided that the period established
in paragraph (b) of subsection  I  of this Section is not exceeded.
3)          Where  nuclear  damage  is  caused  by  a  nuclear  incident  involving  nuclear  material
which at the time of the nuclear incident was stolen,lost, jettisoned or abandoned, the
period established pursuant to  subsection  I  shall  be  computed  from the  date of that
nuclear incident, but the period shall  in no case exceed a period of twenty (20) years
from the date of the theft, loss, jettison or abandonment.
4)          Any  person  who  claims  to  have  suffered  nuclear  damage  and  who  has  brought  an
action for compensation within the period established in subsection  I  of this Section
may amend the claim to take account of any aggravation of the damage, even after the
expiry of such period, provided that final judgment has not been entered.
ARTICLE 8:
RIGHT OF RECOURSE
Section 29. Right of Recourse
1 )          The operator shall have a right of recourse only:
(a)         if this is expressly provided for by a contract in writing; or
(b)         if the nuclear incident results from an act or omission done with intent to cause
damage, against the individual (natural person) who has acted or omitted to act
with such intent.
2)          Where the operator has a right of recourse according to subsection  1  of this section,
such right of recourse  shall also be extended to  the benefit of the Government and
Contracting Parties to the Convention on Supplementary Compensation with respect
to any public funds made available by the Government in accordance with Section  19,
and any contributions paid by Contracting Parties to the Convention on Supplementary
Compensation    in    accordance    with    Article    Ill(I)(b)    of   the    Convention    on
Supplementary Compensation, respectively.  The Government may exercise the rights
12


of recourse on behalf of the Contracting Parties to the Convention on Supplementary
Compensation.
ARTICLE 9:
FINAL PROVISIONS
Section 30. Additional Provisions
The   provisions   of   the   Vienna   Convention   and   the   Convention   on   Supplementary
Compensation  shall  apply to cases not provided  for in this Act or in regulations  or orders
issued by the Authority.
Section 31. Applicable Law
The  nature,  form,  extent  and  equitable  distribution  of compensation  for  nuclear  damage
caused by a nuclear incident shall be  governed by the  law of the competent court through
application of this Act and the provisions of the Vienna Convention  and the Convention on
Supplementary Compensation.
Section 32. Competent Court
The Authority shall promulgate rules to establish a claims handling tribunal in the event of a
nuclear incident, referred to as the Nuclear Claims Tribunal.   The Nuclear Claims Tribunal
shall have exclusive jurisdiction over claims for compensation for nuclear damage under this
Act.   Appeals from the Nuclear Claims Tribunal shall be heard by the Regional Trial Court
situated in the place where the nuclear incident occurs.
Section 33. Recognition of Foreign Judgments
A  judgement  which  is  recognized  under  the  Vienna  Convention  or  the  Convention  on
Supplementary Compensation shall, upon being presented for enforcement in accordance with
the  formalities  of the  law  of the  competent  court  in  the  Republic  of the  Philippines,  be
enforceable as if it were a judgment of such competent court.
Section 34. Competent Authority
The Authority, as defined in Section 3 (I )(a) of this Act, PHILATOM, shall be the competent
authority with respect to implementation of the provisions of this Act.
Section 35. Implementing Regulations
The Authority shall issue the regulations necessary to implement this Act within one hundred
and eighty ( 180) days from the effective date of this Act.
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Section 36. Separability
If a provision of this Act is declared unconstitutional or invalid, the other provisions shall not
be affected and shall remain in full force and effect.
Section 37. Repeal
All  Acts,   executive   orders,  administrative  orders,  proclamations,  rules  and  regulations
inconsistent with any provisions of this Act, including Sections 37 to 63 of part VII, Liability
for Nuclear Damage, under Republic Act No. 5207, are repealed or modified accordingly.
Section 38. Effectiveness
This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a
newspaper of general circulation.
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